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At an Adjourned Special Term of the
Supreme Court of the State of New
York held in and for the County of
Tompkins, City of Ithaca, New York,
on May 4, 1987.
Present: Honorable Frederick B. Bryant, Justice Presiding
STATE OF NEW YORK
SUPREME COURT COUNTY OF TOMPKINS
TOWN OF ITHACA, a New York ORDER
Municipal Corporation,
Petitioner, Index No. 87-124
againsf
GLADYS HALL,
RJI No. 87-0096
The Honorable Frederick
B. Bryant
Respondent.
Petitioner, Town of Ithaca, having commenced a proceeding to
obtain an Order to acquire by eminent domain 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 the County of Tompkins,
NOW, upon reading the Notice of Petition dated February 9,
1987, the Petition verified February 13, 1987, and exhibits
thereto, with due proof of service thereof, and after due
deliberation, and the Court having rendered a written Decision
dated June 25, 1987, it is
ORDERED that the Petition be and the same hereby is granted
with costs, and it is further
ORDERED that this Order shall be immediately filed and
entered, and it is further
,RNEY, GROSSMAN.
ROTH 6 OUBOW
.TTORNEYS AT LAW
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BARNEY. GROSSMAN,
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LMER 627 PAGE 763
SCHEDULE B
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Ithaca, County of Tompkins, State of New York, being a part of
Military Lot #41 in said town, and being more particularly
bounded and described as follows:
BEGINNING at a point marking the northeast corner of
premises conveyed to Maurice W. Hall and Gladys W. Hall, by Deed
recorded in the Tompkins County Clerk's Office in Liber 315 at
Page 192, which point marks the southeasterly corner of
premises of Charles W. Jones and Lina M. Jones (Libor 283 of
Deeds at page 315); thence North 87' 46' West (magnetic 1987),
along an old fence, a distance of 61.0 feet to a point; thence
South 08' 20' East a distance of 638.5 feet to a point; thence
South 39' 34' West a distance of 46.9 feet to a point; thence
South 87' 28' West a distance of 132.6 feet to a point; thence
South 34' 27' East a distance of 35.3 feet to a point; thence
North 87' 28' East a total distance of 212 feet to a pipe set
at the southeasterly corner of said Hall premises; thence North
08' 20' West, along an old fence, and being along the boundary
line between said Hall premises and premises reputedly of
Tompkins Community Hospital, Inc. (Liber 581 of Deeds at Page
1149) and premises of Tompkins County, a distance of 698.7 feet
to the point or place of beginning.
SUBJECT TO the following:
1. Poleline easement granted by Olin A. Dorn to Ovid
Electric Company by instrument dated February 8, 1921, recorded
July 23, 1921, in the Tompkins County Clerk's Office in Liber 5
of Miscellaneous Records at Page 170.
The above premises are described in accordance with a
survey map entitled "MAP SHOWING PARCELS TO BE ACQUIRED BY TOWN
OF ITHACA FROM GLADYS HALL LOCATED EAST OF TRUMANSBURG ROAD,
TOWN OF ITHACA, TOMPKINS CO., N. Y.," dated March 13, 1987, by
T.G. Miller Associates, P.C., Engineers & Surveyors, a copy of
which is annexed hereto. The premises described above are
shown as parcels A and B on said survey map.
BEING a portion of the premises conveyed to the Maurice W.
Hall and Gladys W. Hall, as tenants by the entirety, by deed
from Frank Alexander and Irene Alexander dated October 30,
1948, recorded November 5, 1948 in the Tompkins County Clerk's
Office in Liber 315 at Page 192. Maurice W. Hall died July 24,
1974 leaving Gladys W. Hall as surviving tenant by the
entirety.
V . • Lou. 627 PacE 764
170
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LIBER 627 PAGE 765
ORDERED that the petitioner shall file and enter this Order
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together with the Acquisition Map herein, in the office of the
County Clerk of the County of Tompkins, and it is further
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ORDERED that upon the filing of this Order and the
Acquisition Map in the office of the County Clerk of the County
of Tompkins, acquisition of the property in such map shall be
complete and title thereto shall then be vested in the
petitioner.
Dated: June Ar, 1987
Ithaca, New York
Enter,
F ederick B. Bryant
Justice of the Supr me Court
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Tompkins County, ss:
Recorded on the . ....� ryn of ` ?.].^.:Y•� 19 g�
��:./..�... o"c'och ..Ivl., in Lihcr ....... ;f ......: J� .............
at page .......%a-.-,z ......... and exominea.
Clerk
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BARNEY. GROS SM. AN..
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ATTORNEYS AT LAW
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