The URL can be used to link to this page

Home My WebLink About038670-001�.ieeK 88374 1063 At a Special Term of the County Court of the State of New York, held in and for the County of Tompkins held at the Courthouse in the City of Ithaca, Tompkins County, New York, on the 9th day of January, 1978. Present: Honorable Bruce G. Dean, Judge TOWN OF ITHACA, Index No. 77-1059 Plaintiff, JUDGEMENT AND V. , ORDER OF IMMEDIATE CALUM.M. CARMICHAEL, NORMA I. CARMICHAEL, POSSESSION and MARINE MIDLAND BANK, formerly Marine Midland Bank - Southern, Defendant. The above named plaintiff having duly applied to this court on -January 9, 1978, by a petition duly verified, with notice of presentation of the same at this time and place, for judgment adjudging that the public use requires the condemnation of the real property described in said petition, and for the appointment of Commissioners of Appraisal, to ascertain the compensation to he made to the owner of the property so to be taken, occupied, and possessed, and for authority to enter into possession of the land#„and premises described in said petition, and the said plainti,kf••h`aving filed with this court due proof of the personal serv,pe of.::said petition and notice of this application upon r the.al fehdants herein, and it further appearing from the said affidavit of Larry Fabbroni that immediate possession of tie 1YOUCOS & BARNEY ATTGGII[VG AT LAW . IAVII/GG GANII WILDING TIIAGA. NGM "M INN �aetk. 58g FACE - 375 —z— said premises is required, and that no answer has been inter- posed by any party to the petition in this proceeding and that no answering affidavit or objection in writing to the motion for temporary possession has been interposed by any party to this proceeding, and that there have been no appearances by any of the defendants, except an appearance, pro se, by the defendant Calum M. Carmichael, NOW ON MOTION OF BUYOUCOS and BARNEY, attorneys for the plaintiff, JAMES V. BUYOUCOS of counsel, it is hereby ORDERED AND ADJUDGED, that the prayer of the petition be granted; the public use requires the condemnation of a right of way or easement of the nature hereinafter specified upon and across the real property in the Town of Ithaca, Tompkins County, New York, mentioned in the Petition and more particularly bounded and described in Schedule A to the said petition which is annexed hereto and made a part hereof, and the plaintiff is entitled to take and acquire the said right of way or easement over and across said property for the public use as described in said petition upon making compensation therefor;• and it is further ORDERED AND ADJUDGED, that the plaintiff be and it here is declared to be entitled to take and hold an easement in per- petuity upon, over, under and across the said real property for the construction, operation, repair and replacement therein of an underground eight -inch sewer main for the purpose of transmission At rOUCOS&BARNEY and distribution of sewage and waste materials as part of the ATTOKN[Ys AT LAw VINOs DANK OUILO1N0 Town of Ithaca Townwide Sewer Project, which sewer main shall IAG. N[W YOKK 10620 588 FAGS 376 • -3- be built initially of asbestos -cement (transite) pipe and shall be constructed underground with a minimum depth of four to five feet, and there is reserved to the owner of said parcel, its successors and assigns the use and enjoyment of said land except for the erection of buildings or other structures, or the plafiting of trees or bushes on the real property which is subject to said permanent easement, provided that such use shall not interfere with,or obstruct the rights herein granted or create an actual or potential hazard to the sewer main facilities constructed by the plaintiffs in said real property, and it is further ORDER AND ADJUDGED, that the said public use requires a condemnation of a temporary easement not exceeding fifteen feet in width which shall be used only during the course of construction of the facilities in the strip of real property described in Schedule A above which is subject to the permanent easement hereinbefore described, the said temporary easement to be for the purpose of ingress and egress for persons, machinery, construction materials and dirt and other materials excavated from the aforesaid ten -foot strip, all of which shall be removed at the' termination of the construction of the sewer main, and which strip of land subject to such temporary easements is situate',in the Town of Ithaca, Tompkins County, New York, and is mole,particularly described in Schedule B which is hereto annexed and made a part hereof and the plaintiff be, and he hereby is declared to be entitled to take and acquire the laid YOUCOS & BARNEY temporary easement, and it is further Ammmays wi LAw Avid "MR MYI►CUN 'wKA. Mew Vb" I"" 1 i (OUCOS a 9ARNE' ATTommave AT LAW VIMaa MARK aUILIM"a RAGA, Maw TORM /4090 1 -a- IALF, 588 377 ORDERED AND ADJUDGED, that upon the application of any party to this proceeding upon at least eight days' notice to any other party appearing herein, this court will appoint, pursuant to the requirements of the Condemnation Law of the State of New York, three disinterested and competent persons as commissioners to ascertain the compensation to be made to the owner of the above described property over which said easement is to be taken for the public use above specified, and such commissioners shall have and possess all the powers and are directed to perform all the duties set forth in the Condemnation Law as amended; and it further appearing that the public interest will be prejudice by any delay in the construction of said sewer main, it is further ORDER AND ADJUDGED, that sufficient cause having been shown, the plaintiff be and it hereby is authorized and permitted to enter immediately upon the real property to be taken and used as hereinabove described and devote it temporarily to the public use specified in the petition for the purposes above specified, upon depositing with the court the sum of $2,000.00, by depositing the same in the Office of the Treasurer of the County of Tompkins to the credit of this proceeding to be paid out in accordance with the provisions of the Condemnation Law. Dated: , 1978 MUICE7 G. DEAN COUNTY COURT JUDGE 40 • 588 Fin 378 ' SCHEDULE A Schedule of Real Property, an interest in which is to be condemned by the Town of Ithaca, for a public purpose. PARCEL I. The interest to be acquired in this parcel is a perpetual easement 20 feet in width, for the construction, operation, repair and replacement of an underground 8 inch sanitary sewer line for the purposes of transmission and dis- tribution of sewage as part of the Town of Ithaca Townwide Sewer System, which easement will be exercised over the following strip of land: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, bounded and described as follows: BEGINNING at a point in the south line -of McIntyre Place 5 feet westerly from the northeast corner of the premises of Calum M. Carmichael and Norma I. Carmichael; (1) thence in a southerly direction and parallel to the east line of the said premises of Calum M. Carmichael and Norma I. Carmichael, a distance of 203.00 feet, more or less, to a point in the south line of the premises .of Calum M. Carmichael and Norma I. Carmichael, which point is 5 feet westerl; from the southeast corner of the said premises; (2)*thence in a wes.terly,direction along said south line a distance of 20 feet;•to hipoint; (3) thence in a northerly direction and parallel to t►e `'fixst4 course herein 203.00 feet, more or less, to a point in`thg..northJline of the premises of Calum M. Carmichael and Norma:I Carmichael, which point is in the south line of the iyoucos & sARNEY said McIntyre Place; (4) thence in an easterly direction along ATymmave AT LAw AV,"."M &UHAN666 the said north line of the Carmichael premises 20 feet to the point or place of beginning. 1 1 YOUCOS b BARNE Ar700064vO &T Lew vlNo• SAME S{MLo1No 144". NEW vomit 11090 1 SCHEDULE B IAL� 588 FACE i 79 PARCEL II. The petitioners will acquire a temporary easement, 15 feet in width, to be used only during the course of construction of the sanitary sewer in the 20 foot strip described as Parcel I above, said temporary easement to be for the purpose of ingress and egress for persons, machinery and vehicles and for the temporary placing thereon of machinery, construction materials and dirt and other materials excavated from the Aforesaidl0 foot strip, all of which shall be removed at the termination of the construction of the sanitary sewer, said temporary easement to be acquired over the following described parcel: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, being immediately adjacent to the west to the parcel -described as follows:•BEGINNING at a point in the south line of McIntyre Place at the terminus of course (3) described in Parcel I; thence in a southerly direction along course (3) described in Parcel I to a point in the south line of the Carmichael premises which point is the beginning point of said course (3); thence in a westerly direction along the south line of the premises of Calum M. Carmichael and Norma I. Carmichael a distance of 15 feet to a point in said south line; thence in a northerly direq'tion�parallel to the said course (3) described in Parcel I a distaieo`,of 203.00 feet, more or less, to a point in the north line'of the premises of Calum M. Carmichael and Norma I. Carmichael., which point is in the south line of the said McIntyre Place; thence easterly along the north line of the premises of Calum M. Carmichael and Norma I. Carmichael a distance of 15 feet to the point or place of beginning.. i.�etk 1588 FACE, •380 JYOUCOS 8 BARNP ATTOAnaY& AT LAW LAW$"& DAWL suluft M TNACA. M M Yem INN Excepting from the abovedescribed parcel that portion described upon which the garage belonging to Calum M. Carmichael and Norma I. Carmichael stands. The above parcels are more particularly shown on Easement Map For Proposed Sewer Main Across 109 McIntyre Place Forest home, Town of Ithaca, Tompkins County, New York, dated December 1, 1977 prepared by T.G. Miller P.C., Engineers and Licensed Surveyors, Ithaca, New York attached hereto and made a part• hereof . Reserving to the owners of said parcel I, their successors and assigns, the use and adjoinment of said lands except for the errection of buildings or other structures, or the planting of trees or bushes on said strip, provided that such use shall* not interfere with or obstruct the rights herein granted or create an actual or potential hazard to the sanitary sewer Ifacilities. The sewer main shall be built of eight (8) inch asbestos - cement (transite) pipe and shall be constructed underground at depth of four to five feet. WrATE OF NEW YORK "T0h9AKINS COUNTY CLERK'S OFFICE OEM Piacrinnrlt;Clark °methe CcoVnFY tiTOmPkens^oCoernofriCordhaourt t 00 COntY..card ct tna -F::. -°p.ia�c:t c.'J. qe h^.�cc;,,paxd ti-,o cRthin COPY with the . cnd the,' ha same 1 1 S Orlpinrl o.. rrc.. f - `. n carom t cnd �� I ^• ir•/ b-, -: c. •.S t-,z gaol of said — fi\` `(;pUntY end 4Cu:tt, ct {:::cco N.Y. yya Tompkins County, ssi /a mpkinsC n W 9 D.. og. Y`. Pi Lag---- ..... and red CJedc -•- t