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HomeMy WebLinkAboutBF172338-001a WHEREAS, The City of Ithaca has constructed'a dam in Six Mile Creek in connection with its water supply, and WHEREAS, The backing up of the water therefrom will flow over and covers portion of the public highway leading from the Catskill -Turnpike -in. the ,Town of Ithaca,-N. Y. to thel Coddington Road; and WHEREAS, The City of Ithaca is desirous that the Town of Ithaca take the necessary action for the abandonment of -so much of said highway as the waters so dammed up will cover; WHEREAS,.The City -of Ithaca is willing in consideration therefor to bear.the expense of constructing a new highway in the.place of said abandoned highway as laid out and shown on a map made by Donald McLeod, City Engineer of the City of Ithaca on the 6th day of October, 1911, and a copy of which is on file -in the office 'of the County Superintendent of Ro of Tompkins. County;- and WHEREAS, The T avn of Ithaca by its officers`is willing that such alteration and change in its highway be made, NOW THEREFORE, This Agreement made and entered into t 22nd day of May, 1912 by and between the City of Ithaca of t filet part and the Town of Ithaca of the second part, WITNESSETH : In consideration of the consent of the Town of Ithaca by its'Town Officers for the alteration of the highway hereinbefore referred to, and in consideration of said Town of'.Ithaca by its Town Board taking the necessary legal steps under Section•191 of the highway law being chapter 30 of the Laws of 1909 of the State of New York® The party of the first part hereby'covenants and agreee with the par of the second part at its -own expense to obtain good and suf icient title to all lands necessary for the pur- posed highway as shown by the map. aforesaid made by Donald. McLeod, -and also agrees at its own expense to construct said proposed changed highway including all necessary bridges, cul- verts and sluice -ways in such manner and with eu©h foundations as shall be required by'the Town Superintenders of -road►of said second party.and the County Superintendent�of Roads of said County of Tompkins. The said first party further covenants and agrees that it will forever bear the expense of repairing said highway and the bridge crossing Six Mile,Creek at said highway and the f ltions and -abutments of said bridge whenever damaged in any man — finer by -the. waters of Six Mile Creek. The said first party further covenants and agrees that. the present highway as it now stands shall remain open and un— disturbed until the City of Ithaca shall build such new highway land the same shall be open to the public use, except when necee learily closed to remove the bridge. It is further covenanted and agreed by and between the said parties that the said, -first party shall have a right to Juse in the new location over Six Mile Creek the bridge now cros ling Six Mile Creek in the present highway; also that all pro— ceedings had in connection with the alteration of said highway shall be without cost -or expense to said second party. IN WITNESS WHEREOF, the City of Ithaca has caused these 1presents to be signed by its Mayor and City Clerk, and its corm 1porate seal to be attached hereto the day and year first abpve (written, and the said second party has caused these presents to be signed by its Supervisor, Town Clerk and Justices of the Peace, constituting the Town Board of said Town of Ithaca. -_- City Clerk. -i 3- STATE OF NEW YORK 1 (COUNTY OF TOMPKINS : On this ' LF day of May, • 1912, before me the subscribe personally came John Reamer and W. 0. Kerr, who being by me eac duly sworn, did depose and say; the said John Reamer that he isl Mayor and the said W. 0. Kerr that he is City Clerk of the City of -Ithaca, the municipal corporation described in and which executed the foregoing instrument; that they know the seal of said corporation, and that the, seal attached hereto is such co porate seal, and was so attached by order of the Board of Publi Works cf the City of Ithaca, and that they signed their names hereto by like order;.. ^ j' Notary Pu 1c. STATE OF NEW YORK as* COUNTY OF•TOMPKINS : On.this• 15--kday of•May, 1919, before me the -subscriber, personally came John_W. Preswidk, . K_ lr e, D. W.-Fisher, James A. Bush and Henry.S. Wright who being by me each duly sworn, did depose and say The said John W. Preswick that he is Supervisor, the said A.-W. Kline that he is Town C er , any the said.D. W. Fisher, James:A. Bush and Henry a .Wr htnthat they are Justices of,the'Peace of the Town of Ithaca, the muni- cipal corporation described in and which executed the foregoinE instrument, that said corporation has no corporate seal, and that they signed their names hereto by order"of the Town Board of said Town of Ithaca.r Notary Public. _4 TO ALL TO WHOM THESE PRESENTS SHALL COME ; KNOW YE, T_hat, we..Renj.amin .Ri.&htmyer..and Jdalael..Ri. htarye.r,..hi%. .w.i.fe.,..of. .the Toan .af..Lt,haca.,, T.ampkina .County. XeA .Y.ork ......... for an. in consideration of the sum of One Dollars ($1.00)"_to usl in hand paid by the Town of Ithaca,,receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for ourselves, and.our heirs, executor and administrators, remise, release---ai 'forever discharge the. said Town of Ithaca of and from all damages sustained by us by reason or on account of lands taken'or affected by the altera- tion of the highway leading from the Catski.11,Turnpik-e across Six Mile Creek to .the Coddin�ton Road .in said 'Toxin of Ithaca, IN WITNESS WHEREOF,.we have hereunto set our hands and seals the ... .day of May, 1912. STATE OF NEW YORK. . as. _ COUNTY OF TOMPKINS : (L.I On this ..... .)._ ;1.. day of May, 1912, before me, the subs scriber, personally. appeared ...... F.enZamizl .I31gbtmXe3:.add .44$ql . . ..........to me personally known to be the same.persons described in and who -executed the -foregoing instrument, and they.severally acknowledged to me that they exe -uted the same. Notary Public. S, I-r V N roC41 • au C+ # = CD TO ALL TO WHOM THESE PRESENTS SHALL COME : KNOW YE, That the City of Ithaca, for an in consideration of the sum of One Dollar ($1.00) to it in hand paid by the Town of Ithaca, receipt whereof is hereby acknowledged, has remised,I released and forever..dis.charged, and by these presents does for itself, and its su.ccessoxs and assigns, remise, release and for-, ever discharge the said Town 'of ;Ithaca of and from• all damage sustained , by. it b°y reason ,or on :account of lands taken or af- .fected• by the alteration 'of-,4°t ie -highi7'ay:_leading from the Catskill .,� Ttarilpike across dix Mile Creek t-o the ' Coddington. Road in said. Town of Ithaca. IN WITNESSrlHFREOF., the City of Ithaca -,has caused these - IN presents to be signed. -by its Mayor.and..`'Ci'u.y Clerk, and its cor- porate seal to be attached Hereto this... !...day of May, 1912. r The Ci jy, of Ithaca. _ _ _(L, . By _ _...(L. S Mayor. City Clerk. STATE -OF NEW YORK se. COUNTY OF•TOMPKINN On this .2 ..day of'May, 1912, before me the subscriber, personally came John Reamer and W. 0. Kerr, who being -by me eadh duly sworn, did depose and say; the said John Reamer that he- ie Mayor and the said W. 0. Kerr .that he is City Clerk -.of the City of Ithaca, the municipal corporation described in and. which executed the foregoing instrument; that they know the seal of said corporation, and that the seal attached hereto is such aorporate e'eal and:was so attached by order of the Board c Public Works of the City of Ithaca, and that'they signed their named hereto by like order. Notary Public. b TO ALL.. TO WHOM THESE PRESENTS . SHALL , COME KNOW YE, That we.. William. Ao . Hulbe: +..'and. Emma•.--Ruabex;t. his. xife , and, jp]a cSta,k�n. of the Town of Ithaca: �'omnkine. Co€�nty,:N. Y. .. ..... •.•.,... .:.. ...... for an in consideration of,'th,e sum -of One Dollars ( 1.00) to us in hPInd paid by tree Tcuun of Ithaca, receipt whereof As hereby acknowledged, have remised, released and forever discharged, and by -these presents 'do for ourselves,, and our heirs, executor and. administrators; remisb, release and.•forever' discharge -the said Town of -'Ithaca of and from. all :darnagee sustained by us by reason'or on'account of lande taken}or affected by the altera- tion 6f,th6 highway;leading from thy: Ca.tski;ll Turnpike across Six Ui,le Creek to the Coddington-Road.in said Tcwn of Ithaca. IN WITNESS WHEREOF, we, ave hereunto -set our hands t and seals 'the .... 3 ..,tidy of/� Ay- ,-,1912. STATE OF NEW YOPK COUNTY OF TOIPKINS On this,. :/ . day ojs�tl; ,1912 , before' -me ; the cub- n( scriber, personall'y`:&ppeaxed...Ml.li ri .A.., jitk bert,, Emma Hulbert, .e,n4........... to• me personally know' n to be the -same T:e.rsons-describe=- -n. and -roi executed- -th-e i'6r-egging instrument; and they severally acknowledged to me' that they exe' euted the same. Notary' Publ is . 1 i� ti 'Y -----------------r-r------------------r-------g In the Matter of the Application , -Of - The City of Ithaca to alter the highway lead- ing from the Catskill Turnpike in the Town of Ithaca, Tompkins County, N. Y., to the Codding- ton Road crossing Six Mile Creek and passing the lands now or formerly owned by Benjamin Rightmyer, Thomas Byrn, and others. ------------- �7-----------------r-------------rg Written application having been made to me on or about the 7th day of November, 1911, by the City of Ithaca, for the alteration of the highway leading from the Catskill Turnpike to the Coddington Road in the Town of Ithaca, at and about the place where said highway crosses Six mile Creek, and the Town Board of the Town of Ithaca having given its written consent to the altering of said highway as required by statute, and good and sufficient title to all lands used in altering such highway having been obtained and the convey- anoe of such lands having been duly recorded in the Tompkins County Clerk's Office, and the"release from all damages hav- ing been obtained from the owners of the land taken or affect by the altering of said highway, and such application, con- sent and releases having been duly Riled and recorded in the office of the Town Clerk of the Town of Ithaca, I. the undersigned Town Superintendent of said Town of Ithaca, do hereby order that the -said application for altering the highway leading from the 'Clatakill Turnpike to the Coddington Road in the Town of Ithaca, and crossing Six Mile Creek, at or near the property formerly owned,by Thomas Byrn bo, and the same hereby is,.granted,, and said highway is hereby_ altered and changed so that the center line of said highway as altered shall run as follow Q 6D O O # O C+ c+ 1=-------------------------------------------X In the Matter of the Application -of- The City of Ithaca to alter the highway lead- ing from the Catskill-. Turnpike in the Town of Ithaca, Tompkins County, N. Y., to the Cod- dington Road crossing Six Mile Creek and pass- ing the lands now or formerly owned by Benja- min Rightmyer, Thomas Byrn, and others. ------------------- -----X TO FRANK MCPHERSON, TOWN SUPERINTENDENT OF THE TOWN OF ITHACA. The undersigned municipal corporation being assessable for highway taxes in the Town of Ithaca, hereby makes applica- tion for the alteration of the highway leading from the Catskill Turnpike to the Coddington Road, crossing Six Mile Creek and passing lands now or formerly owned by Benjamin Rightmyer, Thom Byrn, and others, in the Town of Ithaca, Tompkins County, N. Y., and hereby requests that said highway be altered in such manner that beginning at a point in the middle of the present highway at said location Thirteen Hmpdred (1300) feet, more or less, westerly from said Catskill Turnpike, said highway shall run as follows : Beginning at a point in the middle of the present hi way, crossing Six Mile Creek frota the Catskill Turnpike to the ICoddington road 1300 feet, more or less, westerly from the Catskill Turnpike; S 40 E. 725 feet, more or less, across the property of Benjamin Rightmyer; thence S 40 E. 20 feet, across the property of the City of Ithaca, crossing a small tributary of Six Mile Creek; thence S 40 E. 70 feet, more or less, acros the property of Benjamin Rightmyer; thence S. 220 W. 190 feet, more or less, across the property of the City of Ithaca; this (last mentioned course paralleling the present farm road on the property of Benjamin Rightmyer; thence S. 70o W 335 feet, more or less, across the property of the City of Ithaca; thence N. 320 W 135 feet, more or less, across the property of the City I fl I COT371_ Try rouRT . TOMPKINS 'COUMLYa _........__-it Tu the lff t-tar of the A.pp? icat.;.on The (;:ity of ithaca to alter a g)ortion of the RighVaY ;situated in thv: Town . of Ithaca Tumpkiris dusty, R. Y. , ion Ad ing' frm the Catskill, Turnpike to the Cod- dirat�con Road crvLz:ei.n9 Six liilc: C.re-.k,, near lands Formerly civvned by Tliama.s By; si and 110v., uvinod by thu C i tY Of Ithaca. -------..-----------------T---- ---X TO Arthur Cole, County- Sup�1rintend.t:nt of ToT,1Pl1:inF. Cc'untY; Fral►l: ?'+tcPhoreon, `�uvm. uperintencient;s jobs Pree�viick, Super- vieori X ke lilcn7:, Supitice a the Rosa.ce ; Hienry. S. �.T�•i . gktt Justice of the Pc;cLco; aani.el D. Fishc;r,.7►; tice of the Pc,a:ct and ^,rthur K].i: e:, Tuvsm. (','_ e k cif the ` a n. of Ithaca : NOTICE I0 Ipurruant to Section-, 192 and 193 o. t)1e Hight ay Law of the State of INTOW York that applicatio J. urill be mc,de t;v they Cot,nty Cov�.rf ref Tompki.k� County at the :Cha mberc of the County Tud e in thy: City of Ithaca, I% Y. at 10 u'e;loc:ic in thy: forant»n or as ::cell thereafter as euun•eJ_11� on the; 1st dui cif � ;aer�ber,, 1911,/ i or the appoints anent of three co^asrii�sieaz:c;rs to cl.vterx:ine _4upon th,� necessity of al- tcring thu h:i&1v1'7a;1' 'ae px-op0,_-Pd in the. verified petition at- tached lip; rety, aaj,l to a,tsse c t?:ie damages by rearsof of Al - taring Datud I thaect" 'To Y. tvc�4c� ,1ri:Y 2 r�� , 1911, . The City of Ithaca r. 9 I 00M. W; T covir". TOT M-1-:WS colw"awy. --------------- • In the lka,.ter of the App"Lleation -of • The City of lthaoa td calter a portion of tho higj-iway situ tell in tht., Vnvn of lthru:,'t "?Owkinf'. County, N. Ye loAdIng f rori . lio Turnylke to the 'cod- d1nj,,;tan. 114je Grool,,t, near lands forT.ter�y owned by Thomao Byrn and now owned by the City of, I thac a o, ------------------ ------------- The Petition of the City of Ithaea reopectfull-Y ehows Firat That, patitiongr *z d municlj�,)al corporation and, is tho ornwr of land eltuated in the Town of Itj kca, TCMI-,)'-" k!knrj County,, vhich io bounded'by a highway leading f rqj,-% the Tlump*-ke ta. the Vo,Ongton Road, 'which hi ,way. cronvou SL-. U.'ale Cr edk �y a bridge at of near petitioner "e rl,,,t petit ioner de thib owner of zueb real eet I 'I6T ie vuLineevable for highway taxea in the Town of Ithaca. Third On information and, beliek petitioner ie on in qonptrvnt4ng a dam for use in corineetion with its. order eupl)Xv zyst.ozj wid on informat.ion and belief that the 'basin of 014ch dam or roaervoir ar-ea, will-, include the land in the immed:iate vicinity of tho hi ehway vLtloreealld aM?&nd about thal br,Alv cropoing Sla ITile Creek, and'yetitioner d0piree to have a nhLAngo Made in the hicr�kivW j30 that c,,ortmencinf.-Cat a POknt in the AU4110 q0 the Precent hif#iway' at abOut 1300 feet,j vlve or east vlosterly from the Catskill Turn-Pikat zaid Xighv�W l shall rota as followz- S. 725 f oet-. more or 10as aerc)oo -the Property of B-M*aMjn RightM.yor, thence S. foot, arroNs tiae Proporty of tho MtY Of ithatcat. croazing 'p.neaj tributary Of r)ix Mile Creok; thence S, en. 70 fqetlp moro or lose, a0roso the property of Benj wain Rightmyer; Ev 4 I SO 22 W. .100 foot,.'n.,ure or:'j,cov, at ra.-ze th�6 projp-erty of the 0 ity of Itl tacti; the 1&*t apatdone¢: couree parallpling the presiunf farri road On the property of nenjacq.:.,n.'Ili tor; tbor gh my 8. 7(f AV. 335 foet, moro or, Mesa, acror2 the propetty of the Cit,y of 1-thacan.; the mca. IT. 3,20 W. 13F) faet,, more or leae, acral the, property of the Olty of Ithada, crosking six Mild creak; thel'Ico d 4"10WO 160 feet, more or loze, acroese thej3rop6rty of John StarIkirle; t-honce aue lvest .170 feet, more or loge, acroc-I the prop'ty o:P �fohn Starkins, ia'b t 25 feet, eoUther,'Iy of a anall shed;, thenePJ19 d W, 90 foot, morn or lees-$ Acraim the proper-ty uf:'- Starkine, oboist 25 feet northerly of a email ehot more or therco 11, 4e i2o foets the property Of j-min sn4rltlno to th(: middIe ot.the prosent, highwW vherQ. it ip joirlod by the farm road of JOhn Staftift on thQ pouth- Orly Oath -westerly 145 raot,, more, or, le;ys, L�, -westerly from the eoutat-wq6t cornor of the rogiidenc.0 otmed bY Tohn St;!mkins and_ucctW4(*, by one :Oralee 11011i0tOr- nia above aueoribed the center line, of dh aY the right of- wky to be 16.5 f0t On 0itI10, tidd Of, the -cl4icj center line. Votwth Potitionpr further aime On information and belief that VI!*th the hjgjjw4y ajLteru4 as hc)reln prppopOd tho d4stwiae batvi4pen the Catskil'-t TurnpiLto 'cmd the- CaddinfStOn Road will no - be *noroaao-d mater4a),jy while thO grade an the southorly and wooterly side Of 51z Mile Creek will be eon- viderably loesened. Vil M_ BotitiuAor further cS a on iv.Wlormatien end baliuf that, in the event that, said highW&Y t0% .eft in it pre cant t or about Six Mle.0retle it vall be ne- 0006a-ry tp ruie 0 tho h*ghviay. and brUge Mworal ftet, amd hashpatition.er ie oan!- the" the .111F)FIV14too tw%rlc of the d Atruoting 45-- arorepaid would Make At neopecary- that &yproar'l to OeAd 1pridge of considerable length be orected at Dither in end of the bridges andti.lat under ouch cir6 the S MI f I1 -0.3p. I I event vf flouds or froohots thero wwajA; always 02;40t. 4,dan of the urtbanizwrito, ut' undvrmine6 -and woakcne;d, 'Iih6reaci lir tho desirod chahge in, tbo locet-�ohof the road *1c, wa(le ttv re will, be very iittio_, if, any, Eger �,toT,i thle , '-6urce. Glixth. That petitioner hae rtiadc no previout epuz!icatu f or catoring-, the hi&vay in quest -lun, =d thie aPplio-ation -is rwde in good faith with the doeire Upon the part of potl- tion,ar to •avoid danger at or about the point. *here tUe,high'K In qmeot Un crorwiot,, Sir, M3.e (,week ane, in tho fjarthbr duoU, to• Aymprove thi4 grade of the Ilighopy, approaching 'Six Uiii2r Crerik frovn,the CoddIngton Roaa-. .seventh Petitioner furthor ohcw6 on infomation and bol4L�IV t1but, written applic4tion �o the Town i3r*y or in tend ent the Taval of Ttliac�t, to alter eald highwcW- -ar., afdreeApid was diLt1y rr,.atle purwaunt to Section 192 Of the H1911MY laws and such wpplioation "r4s mad �v within t1.11,rty (lays Irlor to the i 'pr", entation of 01;hia Petiti0t.- lutes pqt1t."oner tlietefore applies 9*r the 4ppointmout by t ea cuuj�t pf tilree, comaiesionore purrwant to Sect Ion 193 of the jj-;, ghlay Law qff the State ,of New Yc,)rL- to d0tormine, upon the noccoolty for altering the higb1my as aforesaid and tO azaepn the damu$Oo by reason of altering tald, highwaY. �:Datea- lthkoaj 14, Y',,' Novembor Z3rd, 1011 _11"he City of Ithaca 11,V Yoric county o:r Tonp)tint.4 Ranewiph.71atton beinp 0' d%ay' wWrn del,000-6 4nd oaye he 1p Mayor Of tho -Citlr of lthaCa, tjjc-, pettt'lloner nar.0d ltn I the PotitiOnf' �,th.at i-jo liaz road Vlctition alld = AM -- loiows, tho cuntonte ther'OuT, 9 nuid thil"t thO aaw ib, tr'ue. tot?` ovma (ntca t ae to nuO;terz thQrciii FAU, va U ..be P t legoP, *apo�i inforriation' and bol�afo an(l to tho.--�6xantterp, by -1%,r-Aiova;a It, to be truo, Sworn tc) bufore me thin cqf�z of.1lovember, ITutary FUIPUQ. I I C11i t C% t-4 4 t � ; ' J ^' i C G I H a C �rz H 8 � � 1 t-'• rp i c 7 ct F CD n 6 G 1 :� f P.F.M-ALLISTER COUNSELOR AT LAW xxxxx-a=xvmx=xx Savings Bank Bldg. ITHACA,N.Y. June 13th, 1912. Arthur Kline, Town Clerk, Ithaca, N. Y. , R. 'F. D. Dear Sir I enclose herewith application made to the Town Superintendent of the Town of Ithaca for altering the high- way leading from Catskill Turnpike to Coddington Road, to- gether with releases from Hulbert, Starkins, Rightmyer'and the City of Ithaca, the property owners whose lands were taken, and consent and agreement entered into by the Town Board and the City of Ithaca as required by Section 191_ of the Highway Law. All of these papers are required to be filed and recorded in the Town Clerk's Office, and with them an Order signed by the Town Superintendent directing the altering of the highway. I have prepared such order t and will .send the same at once to -Mr. -McPherson, and will later see�:that it is filed in your office. A deed from the property owners interested to the Town of Ithaca of the land to be used in the highway as changed has been delivered to the County Clerk for record. Of course if there are any fees for filing, or re- oording these papers I will see that they are paid upon receiving a memorandum from you of the amount of the same. Kindly acknowledge receipt by mailing the enclosed card. Yours very truly, PFM:ARV. (r-nc_ � City Attornev,