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HomeMy WebLinkAboutGay, Charles, W as Trusteefor Bondholders vs Cascadilla School Grover, Fay & Mattie, M-4- S reet, measured on a 11' a at right north 73 degrees 15 1-2 minutes west 554 angles with said center line; and running feet along the center of said highway; thence north parallel with said center thence north 64 degrees 43 1-2 minutes SUPREME COURT—TOMPKINS COUN- line of Summit street to a point one west 66 feet along the center of said TY—Charles W. Gay, as Trustee, etc., hundred and nineteen feet north from the highway; thence south 21 degrees 31 1-2 vs. Cascadilla School, et ah line of the hedge now or formerly along minutes east 97 feet along the center of In pursuan a of the judg ut of fore- the north side of said Dryden Road; a highway; thence south 19 degrees 54 closure and le duly made n the above thence west at right angles seventy-seven minutes east 260 feet along the center of entitled actio and entere in the Clerk's feet and seven inches to the said center the highway; thence south 23 degrees office of Tom kins Cou 3', on the 14th line of Summit street, the same being iden- 35 1-2 minutes east 76.9 feet along the day of Januax 1914, , the undersigned tical with the east line of premises here- center of the highway; thence east 822.7 referee, actin un r and by - vir- tofore conveyed to Cascadilla School; feet along the north line of said lot deed- tue of said ud ent, will sell at thence south along said center line to the ed to Cascadilla School; thence south public auction t the front door center of said Dryden Road; and thence thirty-seven minutes west 735.2 feet of the County Clerk's office, in the easterly along the center of said Road to along the east line of said lot to a gas City of Itha New York, and at the place of beginning; subject to, and pipe at the place of beginning; contain - such other p ce places as may be reserving, the use of a strip of land ing 9.27 acres. of land; the meridian for designated on an adjournment of said twenty-five feet wide off of the west side the above description bearing north five sale, corn being on onday, the 2nd day of said premises as and for part of said degrees eighteen minutes east of the of are 1914, at 1 o'clock, a, m., the Summit street, for use in common with magnetic meridian, October, 1903, the be- Ianda d property i said judgment di- adjoining and other owners north of said ing the same premises conveyed to Cas- recte to be sold, the ein described as Dryden Road, to be fifty feet wide and cadilla School by two several deeds re - follows: extend north from said Dryden Road; spectively recorded in said County Parcel One. All that tract or parcel of hereby also conveying the right to the use Clerk's office in Book 162 of deeds, at land situate in the City (formerly town) of said street for highway purposes only page 174, and in Book 163 of deeds, at of Ithaca, County of Tompkins, State of to its full width, in common with adjoin- page 55. New York, being a part of lot number ing and other owners north of said Dry- Parcel sixteen. All that ieceninety-two• bounded and described as den Road; right to lay and maintain gas cel of land situate in the Town oft Itha- follows: Bounded on the north by the and water mains in said Dryden Road is ca, County of Tompkins and State of center line of Oak avenue, as now laid hereby reserved; being the same premises New York, being a part of lot No, 96 in out; on the east by the center line conveyed to Cascadilla School by deed re- said Town and bounded and describbed as of Summit street, as now laid out; corded in Tompkins County Clerk's office follows: Beginning at a point in the cen- on the south by Dryden Road; and In Book 153 of deeds, at page 579, tech of the highway leading from Itha- on the west by a line running parallel Parcel Nine. All that piece or parcel to to Ellis Hollow at the intersection with the center line of Summit street of land situate in the City of Ithaca, with the east line of a one acre lot con - and two hundred forty (240) feet distant County of Tompkins and State of New veyed by Dan Pew and wife to Phoebe herefrom; subject to the use of a strip York, bounded as follows: On the north A. Mitchell by deed recorded in the of land twenty-five (25) feet wide off the by the extended north line of premises Tompkins County Clerk's office in Book north end of the parcel hereby conveyed conveyed to Cascadilla School by deed No. five of Ithaca deeds, at as and for part of said Oak avenue, which recorded in Tompkins County Clerk's of- thence south 65 degrees 32 minutes east is fifty feet in width extending westerly fice in Book 153 of deeds, at page 579; on 202.4 feet along the center of said high - from Summit street, for the common use the west by the east line of said premi- way; thence south 52 degrees 14 min - of the adjoining owners; and also subject ses; on the south by the center line of utes east 65 feet along the center of said to the use of a strip of land twenty-five Dryden Road; and on the east by a line highway; thence south 23 degrees 18 (25) feet wide on the east side of the par- Parallel with said east line of said prem- minutes east 100 feet along the center cei hereby conveyed as and for a part of ises, and fifty feet east therefrom; be- of said highway; thence south 19 de - said Summit street, which is fifty feet in ing the same parcel conveyed to Casca- greees 19 minutes east 326 feet along the Width, extending north from Dryden dilla School by deed recorded in said center of said highway; thence south 89 Road, for the common use of the adjoin- Clerk's office in Book 156 of deeds, at degrees 58 minutes west 748.4 feet; ing owners; being the same premises con- page 282. thence west 386.8 feet; thence north veyed to Lucien A. Wait by the following Parcland see Ten. All that City piece or parcel of 477.7 feet; thence south 89 degrees 14 deeds of conveyance, to wit:—the deed of vi Ithaca, Coun- minutes east 753.1 feet to the south - Jeremy Smith and wife, dated January ty of Tompkins and State of New York, east corner of said one acre lot; thence 11, 1888, and recorded in Tompkins Coun- bounded and described as follows: Bound- north one degree west 55.8 feet to the ty Clerk's office in Liber 131 of deeds, at ed onCascadilla Schoothe west l premises conveyed to place of beginning; containing eleven page 419; the deed of Jeremy Smith, and y deed recorded in and forty-three hundredths acres of wife dated January 22, 1890, and recorded said Clerk's office in Book 156 of deeds, at land; for the above description the north In said Clerk's office in Liber 137 of deeds, Page 282; on the east by a line parallel end of the magnetic needle being moved at page 77; the deed of Alanson Burlin- with the east line of Summit street and five degrees twenty minutes being the east game and wife, dated October 11., 1888, one hundred fifteen feet east therefrom; on May, 1904; Being the same premises and recorded in said page officedeed the south by the Dryden Road; }and on conveyed to Cascadilla School by Lu - Liber 132 of deeds at the north b parallel wi h and cien A. Wait and wife by two several of Jeremy Smith and wife dated Decem- fifty feet south from the south line of deeds recorded in said County Clerk's ber 30. 1891, and recorded in said Clerk's premises conveyed to Charity Smith by office in Book 172 of deeds, at page 379, office in Liber 138 of deeds, at page 538; deed recorded in Book 142 of deeds at and Book 173 of deeds, at page 72, re - the deed of Walter A. "'ebb and wife, page 450; the premises hereby conveyed spectively. dated April 14. 1892, and recorded in said being twelve feet five inches wide east Parcel seventeen.. All that piece or Clerk's office in Liber 139 of deeds, at and west; being the same parcel convey- parcel of land situate in the Town of page 147; and the first parcel of land de- ed to Cascadilla School by deed record- Ithaca,, County of Tompkins and State scribed in deed of Jeremy Smith and ed in said Clerk's office in Book 156 of of New York, being part of lot No. 96 wife, dated January 15, 1894; excepting deeds, at page 160, in said Town, and bounded and de - therefrom the premises conveyed to Parcel Eleven. All that piece or pareet scribed as follows: Beginning at a gas Jeremy Smith by Lucien A. Wait and of land situate in the Town of Ithaca, pipe at the southeast corner of a lot wife by deeds, dated January 22, 1890, and County of Tompkins and State of New conveyed by Frank Mitchell to Casca- recorded in said Clerk's office in Liber 137 York, described as follows: consisting of dilla School by deed dated October 23rd. of deeds, at page 17; two acres on lot No. 87 in said Town 1.903, and recorded in Book 160 of deeds, With all the rights and privileges which taken off from the northwest corner of at page 497; thence east 311.9 feet; were conveyed to the party of the first the premises which were conveyed to thence south five minutes east 907.2 feet part by the deeds above referred to; and Lucien ien A. Waite by deed of Edward J. to a gas pipe; thence south 89 degrees subject to the reservations contained Morgan and wife, dated December 27, two minutes west 581.3 feet to a gas therein, in regard to water and gas mains 1888, and recorded in Tompkins County pipe; thence north twenty-four and one and street car right of way in said Clerk's office in Liber 132 of deeds, at half minutes east 426.4 feet to a gas streets and road. uage 504 in triangular form, so as to have pipe; thence south 88 degrees 55% Parcel Two. "All that other piece or equal frontage on Cayuga Lake and Fall minutes east 267.3 feet to a parcel of land situate in said City, and Creek; bounded on the north by Cayuga gas Pipe; bounded as follows: on the west by a thence north thirteen and one half min - Lake; on the southwest b3 the center utes west 495.4 feet to the place of be - line parallel with the east line of the lineof Fall Creek; on the southeast by a ginning; containing nine and eleven barn of Jeremy Smith and 150 feet east straight line connecting point on Fall hundredths acres of land; the meridian therefrom; on the east by a similar par- Creek and Cayuga Lake equally distant for the above descriptionbearing five allel line 66 feet further east, and lands from r a the point of intersection; being the degrees eighteen minutes east of the of Cornell University; on the north by parcel conveyed to Cascadilla School magnetic meridian in October, 1903; be - lands of Cornell University; on the south by The Cascadilla School Aquatic Asso- ing the same premises conveyed 0 Cas - by the north line of Oak avenue, ciation by deed recorded in said County cadilla School by Lucien A. Wait and being eight feet northerly from the Clerk's office in Book 155 of deeds, at wife by two several deeds, recorded in street R. R. track in said avenue; page 316; and by Lucien A. Wait and said County Clerk's office in Book 172 with the right, for all highway pur- Fife by deed recorded in said County of deeds, at page 380, and in Book 173 poses, to the use and enjoyment of said Clerk's office in Book 1.56 of deeds, at of deeds at page 72, respectively. Oak avenue, in common with other own- page 282. Parcel eighteen. All that piece or par- ers, subject to the right of said R. R. Parcel Twelve. All that piece or parcel cel of land situate in the Town of Itha- therein; reserving to the said Jeremy Countyof situate in the Town of Ithaca, ca, County of Tompkins and State of Smith, his heirs and assigns, the exelu- y of Tompkins and State of New New York• being a subdivision of Mili- sive right to the raceway and the waters York and described as follows: Begin- tary lot No. 96 in said Town which said therein, across the north end of said ning at the intersection of the west line subdivision is bounded and described as premises, and to keep and maintain the of Lake avenue with the east bank of inning at the north - substituted corner of land formerly owned by raceway six inch ash tree: same or any pipe which may hereafter be Cayuga Inlet at an iron monument two follows, to wit: Beginning therefor; with such access and three -tenths feet northerly from a Matthias Hoof la and formerly d by across such premises along said thence south twenty- pled by John Sausman; thence running and pipe as may be necessary to keep and eight degrees thirty minutes east two east one hundred and two and one half maintain the same, and the Eddy dam hundred thirteen and one-half feet along rods; thence north twenty-four rods; above." the west line, of said Lake avenue to an thence east sixteen and one fourth rods; Parcel Three. "Also the right to build iron monument; thence east seventy-five thence north seventy-three and one half and maintain an ice house, under the and one-tenth feet to an iron monument rods; thence west one hundred and nine - conditions of the deed from Jeremy Smith in the center line of said Lake avenue; teen rods; thence south ninety-seven and wife to Lucien A. Wait, recorded in thence north twenty-eight degrees thirty and one half rods to the place of be - Tompkins County Clerk's office in Book minutes west along the center line of said ginning; containing seventy acres, 140 of deeds, at page 571, on the souther- Lake avenue to the east line of said Cay- twelve square rods of land. be the same ly thirty feet, measured horizontally, of uga Inlet, passing through an iron monu- more or less; being the same premises the lot as conveyed in said deed from ment three feet easterly from a two and as conveyed by deed recorded in said Smith to Wait, that is, on the thirty feet one half foot elm about one hundred feet County Clerk's office in Book one of beginning at the driveway for access, e?I, hal n from the corner; thence south- Ithaca deeds, at page 524; excepting and mentioned in said deed. That the reser- g the east line of said Cayuga reserving therefrom thirteen and seven- vation was and is of equal value to that Inlet to the place of beginning; the meri- teen one hundredths acres as conveyed of the whole of said parcel." than for the above directions bearing to Cascadilla School by deed dated Oc- Parcel Four. "Also the privilege of north six degrees east pf the magnetic tober 23, 1903, and recorded in Tompkins laying a pipe or pipes in one channel, for meridian, September 19, 1908; being the County Clerk's office in Book 160 of hydraulic purposes only from the first same premises conveyetl to Cascadilla deeds, at page 497. Parcel hereinabove described, northerly to S^hoof by Bradford AIdly and wife by Parcel nineteen. All that piece or par - said Jeremy Smith's north line, and east- deed recorded in said County Clerk's cel of land situate in the Town of Itha- erly in Oak avenue to the second parcel office in Book 164 of deeds, at page 535. ca, County of Tompkins and State of hereinabove described; also the Privilege Parcel Thirteen. All that tract or par- New York, as described in the deed to lay an electric light wire beneath the cel of land situate in the Town of Ithaca, therefor from John M. Smith, executor. surface of Oak avenue from said second County ofgTpa Tompkins and oNew &a, to Frank Mitchell. dated April 1, parcel to said first parceh or at the option York, being 1887, and recorded in Book 129 of deeds, or of the party of trhe second part, successor in said Town, and located on the east at page 577; being a part of lot 95 in assigns,g poles lo- bank of Cayuga Inlet, bounded as fol- said Town of Ithaca, bounded as fol- cated as said Smith may direct; subject lows: Commencing at the southwest cor- lows: viz: Beginning ata point s the to the reservation by said Jeremy Smith Der of the parcel of land conveyed to east bounds of the E. C. & N. railroad of the right to lay water and gas mains Cascadilla School by deed of Bradford ten chains west from the center it the In said Oak avenue, Summit street and Almy and wife, dated November 1st. 1908, east line of said lot 95; and running the Dryden Road, and the privilege of and recorded in Tompkins County Clerk's thence east to said center n east line granting street car right of way on said office in Book 164 of deeds, at page 536; of lot 95; thence south along said east Oak avenue and Dryden Road." running thence west on the continuationline twenty-one chains and seventy-five Parcel Five. "All that other tract or of the south line of the property so con- links to the aforesaid east bounds of parcel of land situate in the former town veyed by the deed of said Bradford Almv railroad; thence northerly along said of Ithaca. County of Tompkins and State and wife to the east bank of Cayuga In- east bounds to the place of beginning; of New York, being part of lot No. 87 in let; thence northerly along the east bank containing eleven and six tenths acres the old town of Ulysses. now Ithaca, and of Cayuga Inlet to the intersection ofof land, inore or less. bounded as follows: Beginning at the the west line of the lands so conveyed by Parcel twenty. All that piece or par - northeast corner of lot No. 87 on the said Almy with thesaid de east bank; cel of land situate in the Town of Dry - bank of the head of Cayuga Lake; thence thence south twenty-eightdegrees, thirty den, County of Tompkins and State of south on the east line of said lot until it minutes east two hundred thirteen and New York, as described in the deed strikes the main branch of Fall Creek; one-half feet along the west line of said therefor from William Eaton and wife thence down the center of Fall Cr Creek; to parcel so conveyed by said Almy, being to Franklin Mitchell, dated December 1, its mouth, or where it enters into said the west line of Lake avenue, to the 1870, and recorded in Book No. six of of said Lake; thence eastwardly along the shore place of beginning; the parcel being the Dryden deeds, at page 480; Beginning containing nineteeneand one-fourthlace of lacr s Cayuga Inlsmall etular and lot thelylands between heretofore eight chains and sixty-six links east n of land, be the same more or less; and conveyed to Cascadilla School b the deed the aforesaid Ithaca and Dryden town being the same premises conveyed to of said Bradford Almy and wife and be- line, and on the line between lots 71 Lucien A. Wait by deed of Edward J. ing the same conveyed to Cascadilla and e a Dryden aforesaid; running Morgan and wife, dated December 27th, School by deed of Henry A. St. John and thence east twenty-four chains and 1888, and recorded in Tompkins County George H. Baker, as trustees. etc., re- fifty-eight links along said line to a Clerk's office in Liber 132 of deeds, at corded in Tompkins Count Clerk's office stake; thence south twelve chains and twenty links a stake; thence west page 504; excepting and reserving there- in Book 171 of deeds, at ptlge 542, twenty-four chaiai ns and fifty-eight links from two acres, taken off from the north- Parcel Fourteen. All that Piece or par- to a stake; thence north twelve chains west corner thereof, in triangular shape, cel of land situate in the Town of Itha- and twenty links to the place of be - and with equal frontage on Cayuga Lake ca, County of Tompkins gnd State of ginning; containing thirty acres of land. and Fail Creek." New York, being a part of military lot Parcel twenty-one.t Parcel Six. All. that piece or parcel of No. 96, bounded and deseribed as fol- All that piece or land situate in the City of Ithaca, Coun- lows: Beginning at the intersection of parcel of land situate in the Town of ty of Tompkins and State of New York, the center line of the highway runningIthaca, County of Tompkins and State and described as follows: Bounded on southerly from the Eastlawn Cemeterytfollows: New York, bounded and described has e the east by land of Cascadilla School, on the Catskill Turnpike with the north line west Commencing ata point in the the north by a line midway between the of. the Mitchell farm as described in a west line of lot No. 96 in said Town, north line of Dryden Road and the south deed from Benjamin Pew to Franklin one chain and eleven finks south of a line of Oak avenue; on the south by the Mitchell, February 21, 1859, and recorded large oak tree standing on the line; center line of said Road; and on the west In Tompkins County Clerk's office in runnings from thence north along the by the east line of land of Adalaide M. Book No. one of Ithaca deeds, at west line of said lot No. 96 two de - Carman as conveyed to her by deed re- 524; thence east along the north linea of ghees forty-fivelinks minutes east thirteen corded in Tompkins County Clerk's of- said farm 822.7 feet to a fence; thence chains, ten links to the south line of the fice in Book 143 of deeds, at page 2'3, be- south thirty-seven minutes west along Cemetery; thence north eighty-nine ht ing also the extended west line of land of said fence 735.2 feet to a fence corner; green thirty-five minutes east eight formerly William O. Kerr, now Charles thence west parallel with said north line of the highway lchime and forty-nine links to the center V. Parsell: being about 149 feet long, 746.7 feet to the center of said highway; to Jud s; the ceesouth fromfifteen degrees exclusive of Road, and about 49 feet wide; thence north four degrees thirty-one east three chains and sixty-two links to subject to, and with, the use of the lane minutes west 515.8 feet along the center the northeast corner of land formerly eight feet wide along the west. side as of said highway; thence north five de- owned by Jeremiah Mitchell; thence provided in the deed to said Carman: grees eighteen minutes west 100 feet north eighty-seven degrees west along subject .also to the right to keep and along the center of said highway; thence said Mitchell north line three chains maintain said water pipe as now laid, north eight degrees thirty-three minutes and sixty-two links to the northwest conveyed to through said lane: being the premises west 122.8 feet to the place of beginning corner of said Mitchell's land; thence corded in Book Cascadilla of School by deed re- containing thirteen. and seventeen hun- south along said Mitchell's west line ten Pieceeds, at e par -66." the acres of land; the north end of chains and eighteen links; thence north Parcel Seven. "All that par- the meridian for the above description eel of land situate in the City of Ithaca, bearing north five degrees eighteen min- `ve ch sin degrees thirty minutes west Tompkins County. New York. and bound- utes east of the magnetic meridian, Sep- five ofs and ninety-three links to the 'T .d as follows: On the south by land con- tember, 1903; being the same premises place of beginning; excepting and re- veyed to Cascadilla School by deed re- conveyed to Cascadilla School b Frank serving out of the above about twelve corded in Tompkins County Clerk's office Mitchell and wife by deed recorded in and three-fourths rods of land for In Book 149 of deeds, at page 466: and said County Clerk's office In Book 160 of School District No. 20 in the Town of land conveyed to Adelaide M. Carman by deeds, at page 497. Ithaca, as long as the same shall be oc- deed recorded in said Clerk's office in Parcel. fifteen. All that cupied and used for a school house lot; Book 143 of deeds, at page 293; on the cel of land situate in the Town of Itha- Being the same parcel conveyed to Cas - west by the extended west line of said ca, County of Tompkins and State of cadilla School by Lucien A. Wait and lands conveyed to said Carman: on the New York, being a part of Military lot and brecord d deedd Ind Tompkinsr C7. ounty north by a line parallel with the south No. 96, and bounded and described as Clerk's office in Book 172 of deeds, at line of Oak avenue and one hundred and follows: Beginning at the southeast page 377. forty-two feet south therefrom; and on corner of a lot conveyed by Frank Also all the corporate property, fran- the east by land of Cascadilla School, be- -Mitchell and wife to Cascadilla School by chises and good will of the said defend- ing also the extended east line or premi- deed dated October 23rd, 1903, and re- ant, Cascadilla School, including all the recordedeindsaid Clerk-'silliam Oofficerinydeed Book 497a henced in e east 311.9 ook No. Oof f et, thencetno th furniture, equipments and other personal 139 of deeds, at page 563, and now owned five minutes west 161.4 feet to a Property owned and possessed by said de - by Charles V. Parsell." gas fendant. Cascadilla School, at he date of Parcel Eight. ' .iii that piece or pipe; thence north one ail one half said judgment. par- minutes west 581.3 feet to the center of Dated at Ith , N. Y., January eel of land situate in the City of Ithaca, the highway leading from Mitchell 12th, 1914. County of Tompkins and State of New street to Eli' 'York. hounded and described as follows: 46 1-2 minutes west e n feet U de the WI AM NELSON NOBLE, 13egining at the center of the Dryden center of said highway; thence north 73 JARED T. WMAN. Referee. Road at a point seventy-seven feet and degrees 22 1-2 minutes west 405.4 feet Attorney o Plaintiff, seven inches from the center line of Slim- along the center of said highway; thence Savin s B k Building, Ithaca• N. Y.