1 September 8, 2008 At a Regular Meeting of the ... - Town Of DeWitt

Abandonment of Town Waterline Easement
to wit, the abandonment of 15 foot wide
RESOLUTION/ORDER
Town of DeWitt Waterline Easement
Public Hearing authorizing
Located on Part of Lots 4-A and 4-B,
abandonment of easement
Lands of West Willow Properties, LLC
Town of DeWitt, County of Onondaga
State of New York
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Councilor Scruton offered the following Resolution and moved for its adoption.
Councilor Andrews seconded the motion.
WHEREAS, the DeWitt Town Board, on its own motion and action, has, along with the
Town Engineer, reviewed a survey print prepared by Moncrief Land Surveying, P.C. and a
termination of easements and miscellaneous title documents that shows part of Lots 4-A and 4-B
of lands owned by West Willow Properties, LLC and further reflects a 15 foot Town of DeWitt
waterline easement that runs approximately 88.00 feet in length within the property’s
boundaries; and,
WHEREAS, the Town of DeWitt wishes to abandon said waterline easement that was
granted to it by way of a Grant of Right of Way and Easement and filed in the Onondaga County
Clerk’s Office in Liber 2694 of Deeds at Page 131; and,
WHEREAS, the property owner, Willow Street Properties, LLC has recently acquired the
property and owns all contiguous properties around said waterline easement and has a project to
develop the entire parcel as part of the Weighlock Business Park which cannot be done as long
as the Town has its permanent waterline easement; and,
WHEREAS, the Town has previously abandoned all other portions of said waterline
easement and this particular section is the last that the Town has to abandon; and,
WHEREAS, the description of the portion of the waterline easement to be abandoned by
the Town of DeWitt is as follows: ALL THAT TRACT OR PARCEL OF LAND situate in the
Town of DeWitt, County of Onondaga and State of New York, being part of Lot 4-A and 4-B
and more particularly described in a deed to the Town of DeWitt from the Village of East
Syracuse dated January 25, 1979 and recorded in the Onondaga County Clerk’s Office in Liber
2694 of Deeds at Page 131; and,
WHEREAS, there is no cost to the Town; and,
WHEREAS, the Town of DeWitt wishes to consider whether the abandonment of the last
portion of said waterline easement is in the public interest and is at no cost to the Town; and,
WHEREAS, the Town Board of the Town of DeWitt adopted an Order on August 11,
2008 calling for a public hearing to be held in the Office of the Town of DeWitt at 5400
Butternut Drive, DeWitt, on the 8 th day of September at 7:35 p.m. to consider whether to
abandon the at no cost to the Town is in the public interest and to hear all persons interested in
the subject thereof considering the same, and for such other action on the part of the DeWitt
Town Board with relation to said abandonment as may be required by law; and,
WHEREAS, the DeWitt Town Board caused notice of such public hearing to be
published and posted as required by Town Law.
NOW, THEREFORE, in accordance with Article 12 of the New York State Town Law,
upon the evidence presented at the public hearing and upon the advice and recommendation of
the Town Engineers, this Town Board does hereby resolve as follows:
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