HomeMy WebLinkAbout268864-001Ma,,.t...........a.«�....,.......,,..,�...... ...._.., ...�...,....�. _,�...w,..�.....»., r..�:.�...-..�_w,....�......�..,..,,,.�. ......mow.:...,-...
•
4
'�w«�.�A'�•+��5�'�.�:',�:�B��+YLG`:�i�ie,�x`:T2'+�!�i951't$iM`.:S�dM PIb/M.'t'4hAfY:�.MC Si^S+f=�fi.-2:..A*'k[K, e.;... ,. �, r:t
;' .�,
50 tk 26
!ru
In do Matter of
LOIS ANN KELLY and KANDACE KELLY LINK
AFFIDAVIT ,
to
x
TAMES M. HERRICK and LISA L. HERRICK
g
GEORGE R. FRAN7Z, being duly sworn, states as follows:
1. I am the Assistant Town Planner for the Town of Ithaca, had overall responsibility for
construction matters relating to the South Hill Trail and as *such am familiar personally with the
4Y
matters stated herein, unless stated to be on information and belief.
2. This affidavit pertains to lands located along Pennsylvania Avenue being known as
-t
Town of Ithaca tax parcel number 54.7-16 currently owned, upon information and belief, by the
,
above -referenced Lois Ann Kelly and Kandace Kelly Linn by virtue of a warranty deed dated
September 13. 1982 and recorded on Septemher 17, 1982 at 591 of Dceds, Page 26. The
residence address of the above is known as
parcel commonly 236 Pennsylvania Avenue, Ithaca,
New York.
3. At the request of the above referenced owners, a thin wire fence was erected by the
Town of Ithaca on such lands. The fence line was erected to prevent the travel of the general
bike
public from the and gravel trail lying to the northwest behind said property (Town of Ithaca
R.O. 679/12) from traveling across said tax parcel 54.7-16 to Pennsylvania Avenue.
?
4. Such fence was not placed as a memorial or marker, nor was it intended to identify `t
any boundary line, nor to memorialize the boundaries of any use or implied easement or right
of way or other right, title or interest in and to the lands of Lois Ann Kelly and Kandace Kelly
Linn.
5. The fence is now wholly owned by Lois Ann Kelly and Kandace Kelly Linn who have i
all maintenance responsibility for same and the Town of Ithaca claims no right or interest in or
to said fence.
t
l 6. The property fixated northwest and west of the fence between the fence line and the j