HomeMy WebLinkAboutBF149866-00122 wdO90
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STATE OF NEW YORK )
Be
COUNTY OF TOMPKINS )
AFFIDAVIT WITA RESPECT TO
OCCUPANCY OF PREMISES OF THE
TOWN Or ITHACA ON ELMIRA ROAD
USED FOR TOWN HIGHWAY PURPOSES
I d.
MARION G. MORFY, being duly sworn, deposes an says.
1. That he resides at 20 Middaugh Road, Brooktondale,
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i New York.
j 2. That he was employed by the Town of Ithaca as a
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member of its Town Highway Cre* and Town Highway Department
continually from 1943 to 1974, when he retired. From 1960 i
i to 1974, he was the Superintendent of Highways for the Town
of Ithaca. Throughout said period, from 1943 to 1974, the Town
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Highway Department was located, as it -is now constructed, in
!� the present location on Elmira Road. He is familiar with the use
' occupancy (� and p y of the premises throughout said period. He is also
familiar with the survey of the said premises which was made
by Carl Crandall, Civil Enqineer, on November 6, 1953.
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3. Based upon his continual presence and employment on
said premises throughout the said period, the deponent can state
+� the following:
itA. No claim was ever made personally to the
deponent by any one claiming any rights to use any portion of
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the premises of the Town of Ithaca as shown on the aforesaid
map. To the best of his knowledge, information and belief, no
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such claim was made to any other officer, employee or member of
the Town Board of the Town of Ithaca.
B. The present building which is now on the premises
has been in the same location and of the same size, and as it
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is, shown on the map of Carl Crandall, ever since 1943 when the
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deponent commenced his employment with the Town of Ithaca.
Deponent understood that the structure had been erected a
short time prior to the time he began his employment with the
Town of Ithaca.
C. Specifically, no person has ever made any claim `
upon the deponent (and, to the best of deponent's knowledge, 1
I'. information and belief, to anyone else in the government of i
the Town of Ithaca) to use the nine -foot right of way shown
on the Crandall map. Nevertheless, because of the fact that
a strip of land was shown on a map as -a nine -foot right of way,
the Highway Department of the Town of Ithaca from time to time
^closed off the right of way. This was done frequently, and the
attempt was made to do this annually. !_
D.. No claim was made upon the deponent personally i
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by anyone claiming a right to use the brook shown on said
11 map for drainage purposes.
RE
jj Sworn to before me this
� ;� �day o! �41i h�.�:-�•
1977.
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