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HomeMy WebLinkAbout1922_11_01 Town Board Minutes (2) Meeting of the Joint Town Board TOWN OF MAMARONECK, held, November 1st, 1922. The meeting was called to order by Supervisor Burton at 9.25 P.M. PRESENT: Supervisor Burton, Justices Boyd, Collins, Dudley and Shafer, Town Clerk Sherman, Counsellor Gamble. The minutes of the meeting of October 4th, 1922, were read and upon motion approved. The Supervisor reported that in accordance with the instructions of this Board, he had taken up in conjunction with the Supt. of Highways the matter of the purchase of a road roller and reports the purchase of same and signing of the agreements, and requests that his action and the Supt. of Highways be approved. Upon motion, duly seconded, and upon ROLL CALL, it was unanimously RESOLVED, that the action taken by the Supervisor and the Supt. of Highways in the purchase of a road roller for high- way purposes be and the same hereby is approved, and it was further RESOLVED, that the cost of the road roller and equipment be and the same is hereby fixed at a sum not to exceed $5,300. Counsellor Gamble reported that he and the Supervisor had taken up with Mr. Murray of the Larchmont Water Company, the matter of the disputed boundary line of the Town of Mamaroneck and the City of New Rochelle. Upon his recommendation, it was VOTED, that the Supervisor and Counsel be authorized and empowered to take up with the Mayor of the City of New Rochelle asking for the appointment of a Committee from New Rochelle to go into the matter of the disputed bound- ary line. The Town Supt. of Highways reports that agreeably to a resolution heretofore adopted by this Board he engaged Messrs. Carpenter & Duffy, Civil Engineers, with the consent of the County Supt.of Highways, to make a survey of the proposed alt- eration and extension of Garden Road; that such survey has accord- ingly been made and is herewith presented for filing. Upon motion, duly seconded, it was upon ROLL Call, unanimously, VOTED, that the report of the Supt. of Highways be and the same hereby is approved and the map of the extension of Garden Road be placed on file. The following petition was presented by the Supt. of Highways from the Larchmont Gardens Company, which was ordered received and spread upon the minutes and is as follows: TO: Fred A. Anthes, Esquire; Town Supt. of Highways of the Town of Mamaroneck, New York. The undersigned, Larchmont Gardens Company, a domestic corporation having an office at Larchmont Gardens, in the Town of Mamaroneck, New York, liable to be assessed for highway taxes in the Town of Mamaroneck, hereby applies to you to alter the highway known as Garden Road, from the intersection of Locust Road, westerly to the easterly boundary line of the premises now or formerly owned by Richard C. Heather and Grace Heather, his wife, and extend said Garden Road from the easterly line of lands now or formerly of Richard C. Heather and Grace Heather, his wife, in a westerly direction through the lands of said Heather to the easterly line of Weaver Street. The following is a particular description of said Garden Road as altered and extended: ALL that certain lot, piece or parcel of land, situate lying and being in the Town of Mamaroneck, County of Westchester and State of New York, bounded and described as follows:- BEGINNING, at a point on the northerly side of Garden Road shown on a certain map, entitled "Plan of lots for Larch- mont Gardens, situate in the Town of Mamaroneck, County of Westchester and State of New York, surveyed for Clifford B. Harmon & Co., 42nd Street and Madison Avenue, New York City, subdivis- ions 1 and 2, dated August 16, 1911," made by Long & Miller C. Es. and filed in the office of the Register of the County of West- chester on the 14 day of March 1912, as map No. 1967, where the division line between lots 34 and 35 in Blk. 417 on said map intersects the same:running thence through and along Garden Road as so shown on said map 36 23' west 130.62 feet to the southeast corner of the lots conveyed by Richard C. Heather and Grace Heather his wife to Helen L. Faulkner by a certain deed dated June 21, 1921 and recorded June 26, 1921 in Liber 2314 cp 349 in the office or the Register of the County of Westchester; running thence along the land now or formerly of Helen L. Faulkner south 53 48'44" east 45.181 feet to the easterly side of Weaver Street; running thence along the easterly side of Weaver Street south 8 28' 44" east 45.181 feet to the land noe or formerly of Richard C. Heather and Grace Heather his wife; running thence along the land now or formerly of Richard C. Heather and Grace Heather his wife north 53 48'44" east 249.689 feet to the land now or formerly of the Larchmont Gardens Co; running thence through and across lots 1, 2, 3, 4 and 5 in Block 416 and partly along the land now or formerly of L. Harold Bayly and partly along land now or formerly of Larchmont Gardens Co., the following courses and distances; north 53 48' 44" east 4.473 feet to a point of curve on a curve to the left having a radius of 40 feet a distance of 12.168 feet when measured along the arc of said curve to a point of tangent north 36 23' east 90.468 feet to a point of curve on a curve to the right having a radius of 5.087 feet a distance of 10.722 feet to a point of tangent and the westerly side of Locust Road as shown on said map which point is marked by a monument set in the ground; running thence through said Locust Road 52 10' 12" east 20 feet to the center line of Locust Road; running thence along the center line of Locust Road and a line drawn in continuation thereto north 27 49' 48" west 55 feet to the point or place of beginning. Annexed hereto and made a part of this application is a survey shoving the alteration and extension of said Garden Road. Dated October 24,1922. Larchmont Gardens Company. by, Walter Barnum, Treasurer. State of New York. ) SS: County of New York. ) On the 31st day of October in the year 1922, before me personally came Walter Barnum to me known, who, being by me duly sworn, did depose and say, that he resides at 53 East 67th Street, New York City, that he is the Treasurer of the Larchmont Gardens Company, the corporation described in and which executed the above instrument: that he knew the seal of said corporation: that the seal affixed to said instrument was such corporate seal: that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Sgnd, John .H. Kelly. Notary Public, Bronx County. The following order sand determination was presented by the Supt. of Highways, which was ordered received, spread upon the minutes and placed on file: Written application having been made to me, Fred A. Anthes, Town Supt. of Highways of the Town of Mamaroneck, New York, by Larchmont Gardens Company, a corporation liable to be assessed for highway taxes in said Town, and the written consent of the Town Board of said Town having been given as prescribed by law and deeds of dedication and releases from damages having been executed by the owners of the land aff- ected by the proposed highway which are hereto annexed and made a part hereof, the consideration paid to any one claim- ant for such dedication and damages not exceeding $300.00 and to all of the claimants not exceeding $900.00, it is hereby ORDERED AND DETERMINED, that Garden Road be and the same hereby is altered and laid out in said Town of Mamaroneck in accordance with the annexed survey made by Carpenter & Duffy, Esquires, Civil Engineers and Surveyors and approved by Charles MacDonald, County Supt. of Highways of Westchester County, of which the following is a particular description: ALL that certain lot, piece or parcel of land, situate, lying and being in the Town of Mamaroneck, County of Westchester and State of New York, bounded and described as follows:- BEGINNING, at a point on the northerly side of Garden Road shown on a certain map entitled 11 Plan of lots for Larchmont Gardens, situate in the Town of Mamaroneck, County of Westchester and State of New York, surveyed for Clifford B.Harmon & Co., 42nd Street and Madison Avenue, New York City, subdivisons 1 and 2, dated August 16th,, 1911," made by Long and Miller C.E's and filed in the office of the Register of the County of Westchester on the 14 day of March, 1912 as map No. 1967, where the division line between lots 34 and 35 in Blk 417 on said map intersects the same; running thence through and along Garden Road as so shown on said map south 36 23' west 130.62 feet to the southeast corner of the lots conveyed by Richard C. Heather and Grace Heather his wife to Helen L. Faulkner by a certain deed dated June 21, 1921 and recorded June 26, 1921 in Liber 2314 op 349 in the office of the Register of the County of Westchester; running thence along the land now or formerly of Helen L. Faulkner south 53 48' 44" West 233.19 feet to the easterly side of Weaver Street south 8 28' east 45.181 feet to land now or formerly of Richard C. Heather and Grace Heather his wife; running thence along the land now or formerly of Richard C. Heather and Grace Heather his wife, north 53 48 44" east 249.689 feet to land now or formerly of the Larchmont Gardens Company; running thence through and across lots 1,2,3,4 and 5 in Blk 416 and partly along the land now or formerly of Larchmont Gardens Company the follow- ing courses and distances; north 53 48'44" east 4.473 feet to a point of curve on a curve to the left having a radius of 40 feet a distance of 12.168 feet when measured along the arc of said curve to a point of tangent north 36 23' east 90.468 feet to a point of curve on a curve to the right having a radius of 5.087 feet a distance of 10.722 feet to a point of tangent and the westerly side of Locust Road as shown on said map which point is marked by a monument set in the ground; running thence through said Locust Road north 52 10' 12" east 20 feet to the center line of Locust Road; running thence along the center line of Locust Road and a line drawn in continuation thereto north 27 49' 48" west 55 feet to the point or place of beginning. Dated this 1st day of November, 1922. Sgnd, Fred A. Anthes, Town Supt. of Highways, of the Town of Mamaroneck, New York. The Board thereupon executed the following cer- tificate: The undersigned, being a majority of the members of the Town Board of the Town of Mamaroneck, New York, hereby consent that the Town Supt. of Highways of said Town make an order altering and laying out the proposed highway described in the application of the Larchmont Gardens Co., dated October 24, 1922, pursuant to Section 191 of the Highway Law. In witness whereof, we have hereunto set our hands this 1st day of November, 1922. Sgnd, Geo. W. Burton, Supervisor Wiliiam A. Boyd, Patrick Collins, George B. Dudley, Frederick P. Shafer, Frederick M. Shermen, Town Clerk. The Town Supt.of Highways reports that he has agreed with Richard C. Heather and Grace Heather his wife, to pay them the sum of Three hundred ($300.00) Dollars for the strip of land over which Garden Road is to be laid out and for releasing the Town of Mamaroneck from any and all claims which may arise in connection with the alteration and extension of Garden road. He further reports that he has agreed with L. Harold Bayly and Lulu M. Bayly, his wife, to pay them the sum of Three hundred ($300.00) Dollars for the strip of land consisting of the northerly portions of lots Nos. 1 and 2, block 416, as shown on map of Larchmont Gardens, which is needed in connection with the alteration of Garden Road. In consideration of the said sum.of Three hundred ($300.00) dollars, Mr. and Mrs. Bayly have likewise agreed to release the Town of Mamaroneck from any and all claims growing out of said alteration of said Garden Road. He further reports that he has agreed to pay the Larchmont Gardens Company the sum of Three hundred ($300.00) dollars for the conveyance unto the Town of Mamaroneck of a strip of land consisting of the northerly portions of lots 3, 4 and 5, block 416, as shown on map of Larchmont Gardens, which land is required in connection with the alter- ation of Garden Road. In consideration of the payment of said Three hundred ($300.00) dollars, Larchmont Gardens Company have likewise agreed to release the Town of Mamaro- neck from any and all clams growing out of the alteration of the line of said Garden Road. The Supt. of Highways asks that his agreements with Mr. and Mrs. Heather, Mr. and Mrs.Bayly and with the Larchmont Gardens Company, be approved and that the Supervisor be authorized to pay the sure of ITine hundred ($900.00) dollars made up as follows: The sum of Three hundred Dollars to Richard C. Heather and Grace Heather, $300.00 The sum of Three hundred Dollars to L. Harold Bayly &Lulu M. Bayly, 300.00 and the further sum of Three Hundred Dollars to the Larchmont Gardens Company. 300.00, upon receipt of Quit-Claim deeds conveying unto the Town of Mamaroneck the necessary land required for the alteration and extension of Garden Road, as shown on a survey made by Carpenter & Duffy, Civil Engineers, and approved by Charles MacDonald, County Supt. of Highways and their respective releases. Upon motion of Justice Collins, seconded by Justice Shafer, it was upon ROLL CALL unanimously RESOLVED, that the sum of $900.00 be and the same hereby is levied and assessed upon the taxable property situated within the Town of Mamaro- neck outside of the Villages of Larchmont and Mamaroneck, and collected, the sum of $900.00 to be used for the payment of the necessary land acquired for the alteration and extension of Garden Road in said Town and for the necessary releases in connection there- with as provided by Section 191 of the Highway Law. And it was further unanim- ously RESOLVED, that the Supervisor be and he hereby is authorized and empowered to pay; Richard C.Heather and Grace Heather the sum of $300.00 L. Harold Bayly and Lulu M. Bayly the sum of 300.00 Larchmont Gardens Company, the sum of 300.00 in full payment and satisfaction of the respective claims for the several strips of land conveyed unto the Town of Mam- aroneck required in connection with the alteration and laying out of Garden Road in said Town and for their releases as provided by Section 191 of the Highway Law. The following resolution was presented by Justice Boyd and seconded by Justice Collins, which upon ROLL CALL, was unanimously adopted. WHEREAS, AN ORDER has heretofore been made by the Town Supt. of Highways of the Town of Mamaroneck, upon the con- sent of this Board, altering and lay- ing out Garden Road in said Town in accordance with a certain survey made and drawn by Carpenter & Duffy, Esgs, Civil Engineers and Surveyors and approved by the County Supt. of High- ways of Westchester County. And WHEREAS, it is the sense of this Board that immediate steps should be taken to open grade and otherwise improve said roadway to the end that it may be made reasonably safe and passable. And WHEREAS, the Town Supt. of Highways has reported that in his opinion the sum of Three Thousand ($3,000.00) Dollars is required to open and grade said roadway and make the same reasonably safe for the public use. Now therefore be it RESOLVED, that the sum of Three Thous- and ($3000.00) Dollars be levied and assessed against the taxable property situated in the Town of Mamaroneck, lying outside of the Villages of Mama- roneck and Larchmont, and collected, for the purpose of opening, grading and otherwise improving said Garden Road from the center line of Locust Avenue in a westerly direction to the easterly side of Weaver Street. And be it further RESOLVED, that the Supervisor and Town Clerk be and they hereby are authorized and empowered to negotiate and sell upon the faith and credit of the Town of Mamaroneck one or more certificates of indebtedness for & sum not to ex- ceed Thirty-Nine Hundred ($3,900.00) Dollars in anticipation of taxes. Said sum to be used as follows: the sum of Nine hundred ($900.00) dollars for the property acquired and releases obtained by the Town of Mamaroneck in in connection with the alteration and laying out of Garden Road and the sum of Three thousand ($3,000.00) dollars for the opening, grading and otherwise improv ,inL7 of said Garden Road, as shown by survey prepared by Carpenter & Duffy, Civil Engineers. That said certificates of indebtedness be sold for not less than par and at a rate of interest not exceeding 6% per ann- um and to mature at such time as the Supervisor may determine, not exceed- ing 18 months from the date thereof. Supervisor Burton reports the release from the re- serve fund of $2,000.00 for Item #1 Highway purposes. The report was ordered received and approved. The matter of the taking over as a Town highway, Vine Street off Myrtle Avenue was taken up and after discus- sion it was VOTED, that this Board appoint a Comm- ittee to take up the question of Vine Street being accepted as a Town Highway and the Committee to report back as to its determination. The Supervisor appointed the following Committee: Justices Collins, Boyd and Supt. of Highways Anthes. Upon motion, the meeting adjourned at 10.35 P.M. Frederick M. Sherman Town Clerk.