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HomeMy WebLinkAbout040094-001R i a 591 Phi: 678 At an Adjourned Special Term of the Supreme Court of the State of New York, held in and for the County of Tompkins, at 11:50 a.m. October 4, 1982 Present: Honorable Frederick B. Bryant, Justice Presiding STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS TOWN OF ITHACA, A NEW YORK MUNICIPAL CORPORATION, Petitioner, V. ORDER Index No. 82-794 CALUM M. CARMICHAEL, NORMA I. CARMICHAEL AND•MARINE MIDLAND BANK, N.A., Respondents. Petitioner, Town of Ithaca, having commenced a proceeding to obtain an order to acquire by eminent domain certain real property described in the petition herein and for permission to file the acquisition map pertaining thereto in the office of the County Clerk of Tompkins County, and the respondents Calum M. and Forma I. Carmichael having commenced an original proceeding in the New York Supreme Court, Appellate Division, Third Department, pursuant to EDPL 207, and petitioner's action in this Court having been stayed by a Decision,dated August 17, 1982,of the Honorable William N. Ellison, Justice of the Supreme Court, until such time as theAppellate Division enters its final Order concerning respondeps, petition in that Court, ,Now.,., upon reading an Order dated and entered September 28, 1982,, Zrj ;mot] a New York Supreme Court, Appellate Division, Third Department granting respondents' application for permission to wit draw theirRproceeding in that Court, and reading the notice of petition dated, June 15, 1982, and the petition verified June 22, 1982, and the exhibits thereto with due proof of service thereof, YUVOUCOS.GARNEY. GROSSMAN & ROTH AT►OAM[Y1 AT LAW SAVO" @AM suNYwle 1A. Oft M ff"A" now Tom b4ow �� i une 591 Nui . 679 ACQUISITION MAP and DESCRIPTION OF LOCATION OF EASEMENT ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, and being a part of Military Lot 92 in said Town, County and State, and being more particularly described as followst BEGINNING at a point in the easterly line of premises of Carmichael (Liter 509 of Deeds at Page 482), which line is also the west line of premises of Neisser (Libor 469 of Deeds at Page 301) and which point is southerly along the east line of Carmichael a distance of 33.6 feet from a pipe found pt or about the northeasterly corner of said premises of Carmichael; running thence southerly along the eastpropertyert piney line of Carmichael, (being also along the west property of Neisser), a distance of 10 feet; running thence in a northwesterly direction 5.25 feet more or less to a point in the east line of the existing 20 foot permanent sanitary sewer easement owned by the Town of Ithaca which runs in a north -south direction across said premises of Carmichael, and which point is approximately 42 feet from the southerly right-of-way of McIntyre Place measured on a course parallel with the east property line of Carmichael; running thence. northerly on a course parallel with the east property line of Carmichael, also being in the east line of the existing 20 foot permanent sanitary sewer easement, a distance of 10 feet to a point, which point is approximately 32 feet from the southerly right-of-way line of McIntyre Place measured on a course parallel with the east property line of Carmichael; running thence southeasterly 5.25 feet more or less to the point or place of beginning. The above area indicating attached hereto described premises are shown the proposed easement on th and made a part hereof. e as the shaded property map 1 ;• • t 16 .:GARAGE NOTE *--EVERGkLtN WITH 8101t.- FOVT LIMB SPREAD ProPei tY i ,lie � �.ItltK 591 PAc 680 .: • ,I` <a; ��,j.;: �a+:� 4+9T�v..w.t',»t�.,#,� ra �� ',ram'!. wil •`, .,� Sri. .•.hj 14i✓j , ;n -, �y., •J V?4` /\ 'L r • h. y+� 4 ask m r.�f, is MCINTYRE ,,,,:. ,:. PACE 0+00 (Ah r..+' : i• is • "'' . . INVERT From ns bu ELEVATION I`:•,yi ''• �' Pro winps)823.,I.p: . : . � �"�r•1�%t ..?^ii1, i.►•.t ,i ' �'...; woud. (slit• t )' �` r ;, ,� . e► .., ---- _ r• .,{+ �, P Found ;� �,� � �,�: rw. t ..�•.�1. •+ •L;+t, ;. fit, f r ,• , t t4,' No. 109 f, r��.; No izo CARMICHAEL rw• `' ` DEED 8009 509 FAGS 482 `" " TAX MAP PARCEL NO. 66.6.3 Shodto' qf#p indiCpih4 u+4 propoe INVkRT 823.4�, � ����+�><�ma1��` �,i.� ;�':.�• Proposed pout of con necfion for house no 115 905 Late —0 Iti� ..- Ek EUAYjJ f.••• y�ir" r.�, I4 .~•.i•i..' �' ••r fir, ;� ,d'-(GY t '� I+ r. to �� i•.ijl'('4,,.4t }�.. T.�l,i�''�it�t.J•4,,S�ati +r lit" :�''�� P.a'� .:•i-y � '1 � ' .'stiEr� t� t E• � •t ',..�i;r1•t ."'a '•��Ci`w1tii+..i�rf I,'1 .....' stet 1:�t e { a . sound .w�jt )> r ►+. .� (4� BUYOUCOS.BARNEY. GROSSMAN & ROTH ATfOAMI" At LAW i f nrr 682 and the answer of Calum M. Carmichael and Norma I. Carmichael, verified July 11, 1982, and the court having found to its satis- faction that the procedural requirements of the Eminent Domain Procedure Law have been met, it is ORDERED, that the petition be and the same hereby is granted, and it is further ORDERED, that this Order shall be immediately filed and entered, and it is further ORDERED, that the petitioner shall file and enter this Order together with the acquisition map herein, in the office of the County Clerk of Tompkins County, and it is further ORDERED, that upon the filing of this Order and the acquisition map in the office of the County Clerk of Tompkins County, acquisition of the property in such map shall be complete and title thereto shall then be vested in the petitioner. Enter, S FiL�roa�2/cr ,� ,Qiz ��r" F e eric B. Bryant Justice of the Supreme Court • .�,`ii+ .. a+ '_, � i r ir1 ,, Tompkins County, $s` /JQ ^,,. �• �� Record on the.... y� ..�. 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