[Adopted as Sub-Part S of the 1970 Municipal
Code]
The City of Hornell shall contain, on and after
the effective date of this section, in addition to the territory theretofore
contained within its boundaries, the following described territory.
Said property is generally described as follows: on the north by the
New York State Highway Route No. 21, on the west and south by Canacadea
Creek and on the east by the city line of the City of Hornell, New
York. Said property is more fully described in Schedule A attached
hereto and made a part hereof.
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SCHEDULE A
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    All that tract, piece
or parcel of land, situate in the Town of Hornellsville, County of
Steuben and State of New York, bounded and described as follows:
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    Being all of the land
and premises situate north of the Erie Lackawanna Railroad Company
right-of-way bounded on the south by the Erie Lackawanna Railroad
Company, north boundary line thereof running thence along the Canacadea
Creek; on the east by lands of Arcieri and Oyer, formerly; on the
north by lands of Morris O'Connor; and on the east by lands of Morris
O'Connor.
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    Conveying and intending
to convey all of the land and premises without buildings thereon owned
by the Grantors, Flanagan and situate north of the said railroad north
boundary line, consisting of about 1Â 1/2 and 2 acres of land,
more or less. Being the same premises set forth in a deed to Birchwood
Acres, Inc. recorded in the Steuben County Clerk's Office in Liber
868 of Deeds at page 779.
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    All that tract or parcel
of land situate in the Town of Hornellsville County of Steuben and
State of New York, bounded and described as follows:
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    Beginning at an iron
pin on the easterly boundary of the existing Hornell-Almond State
Highway at the intersection of said boundary with the division line
between the property of L. Morris O'Connor and Lydia O'Connor on the
west and the property of Birchwood Acres, Inc. on the east; thence
south 2° 30' 00" west along said division line 437.88 feet to
an iron pin on the northerly line of property conveyed to Birchwood
Acres, Inc., by Paul Flanagan and Louis Flanagan; thence north 87°
12' 00" west along the north line of said property a distance of 933.50
feet to a point on the easterly bank of Canacadea Creek; thence along
the easterly bank of Canacadea Creek the following 8 courses and distances:
north 23° 41' 56" west a distance of 75.29 feet; thence north
28° 17' 46" west a distance of 74.54 feet; thence north 22°
45' 30" west a distance of 106.45 feet; thence north 27° 49' 22"
west a distance of 93.77 feet; thence north 23° 41' 56" west a
distance of 100.08 feet; thence north 25° 24' 59" west a distance
of 100.0 feet; thence north 25° 59' 22" west a distance of 100.0
feet; thence north 11° 03' 29" a distance of 69.12 feet to a point
on the southerly boundary of said existing Hornell-Almond State Highway;
thence north 80° 59' 30" east along said southerly boundary a
distance of 97.62 feet to a point; thence south 81° 03' 10" east
along said southerly boundary a distance of 219.14 feet to a point;
thence south 75° 12' 50" east along said southerly boundary line
a distance of 962.19 feet to the point of beginning, being 14.04 acres,
more or less, as shown on a map made from a survey by Stuart and Howard
dated September 30, 1968.
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PARCEL I.
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All that tract or parcel of land, situate in
the Town of Hornellsville, Steuben County, New York, bounded and described
as follows: beginning at a point in the southerly bounds of the Hornell-Almond
State Highway on the division line between the lands of O'Connor on
the west and the lands herein conveyed on the east; thence south 10°
42' west 437.78 feet to a point; thence south 79° 00' east 137.28
feet to an iron stake; thence north 17° 32' east 398.09 feet to
the southerly bounds of the Hornell-Almond State Highway; thence north
66° 7' west along the southerly bounds of the Hornell-Almond State
Highway 189.65 feet to the place of beginning.
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Being a portion of the premises described in
a warranty deed dated the 25th day of March 1946 from Joseph Arcieri
to Joseph Arcieri and Novenia Arcieri, his wife, as tenants by the
entirety, and recorded in the Steuben County Clerk's Office on the
25th day of April 1946, in Liber 516 of Deeds at Page 557.
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Subject to an easement dated June 21, 1950,
from Joseph Arcieri to New York State Electric and Gas Corporation
and recorded September 14, 1950, in Liber 603 of Deeds at Page 112.
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Being the same premises described in executor's
deed dated the 28th day of June 1968, from Louis F. Arcieri, as executor
of the last will and testament of Joseph Arcieri to Alben, Inc. and
recorded in the Steuben County Clerk's Office September 20, 1968,
in Liber 868, page 71.
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PARCEL II.
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    All that tract or parcel
of land, situate in the Town of Hornellsville, Steuben County, New
York, bounded and described as follows: beginning at a point in the
southerly bounds of the Hornell-Almond State Highway on the division
line between the lands of Oyer on the east and the lands herein conveyed
on the west; thence south 24° 16' west 365.08 feet to an iron
stake; thence north 79° 00' west 68.64 feet to an iron stake;
thence north 20° 53' east 380.87 feet to the southerly bounds
of the Hornell-Almond State Highway; thence along the southerly bounds
of said highway 66° 7' east 89.24 feet to the place of beginning.
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    Subject to a drainage
permit dated May 21, 1935, from Flora R. Burdick to the department
of public works and recorded in Book 449 at page 433.
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    Being the same lands
and premises described in a warranty deed dated the 3rd day of July
1947, from Joseph Arcieri and Novenia Arcieri, his wife, to Louis
F. Arcieri and Shirley D. Arcieri, his wife, as tenants by the entirety,
and recorded in the Steuben County Clerk's Office on the 10th day
of July 1947, in Book 541 of Deeds at page 372.
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PARCEL III.
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    All that tract or parcel
of land, situate in the Town of Hornellsville, Steuben County, New
York, bounded and described as follows: beginning in the southerly
bounds of the Hornell-Almond State Highway on the division line between
the lands of Louis F. Arcieri on the east and the lands herein conveyed
on the west; thence south 20° 53' west 380.87 feet to an iron
stake; thence north 79° 00' west 68.64 feet to an iron stake;
thence north 17° 32' east 398.09 feet to the southerly bounds
of the Hornell-Almond State Highway; thence along the southerly bounds
of said highway south 66° 7' east a distance of 91 feet to the
place of beginning.
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    Being a lot devised
to Louis F. Arcieri under the last will and testament of Joseph Arcieri,
deceased.
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    Subject to an easement
dated June 21, 1950, from Joseph Arcieri to New York State Electric
and Gas Corporation and recorded September 14, 1950, in Liber 603
of Deeds at Page 112.
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    Being the same premises
described in warranty deed dated June 28, 1968, from Louis F. Arcieri
to Alben, Inc., and recorded in the Steuben County Clerk's Office
September 20, 1968, in Book 868 of Deeds at page 73.
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PARCEL IV.
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    All that tract or parcel
of land situate in the Town of Hornellsville, County of Steuben and
State of New York, bounded and described as follows: beginning at
a point in the southerly line of the Hornell-Almond State Highway
about 450 feet easterly from the estate line of the Ayers property
formerly, which point is the northeasterly corner of lands of Galpin
and running thence easterly along the southerly line of said state
highway a distance of 835 feet to a point; thence southerly a distance
of 750 feet to a point which point is 690 feet easterly from said
Ayers east line; thence westerly a distance of 690 feet to said Ayers
east line; thence northerly along said Ayers east line to the southwesterly
corner of lands of Galpin, formerly; thence easterly along said Galpin's
southerly line to the southeast corner of said Galpin's land; thence
northerly along said Galpin's east line to the place of beginning,
be the same more or less.
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    Also conveying to the
grantee a right-of-way on and over a strip of land 12 feet in width
on the westerly side of the lands of Horace Galpin commencing at the
Hornell-Almond State Highway and extending in a southerly direction
to the center of a ditch at the foot of the hill.
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    Hereby conveying and
intending to convey to the grantee all of the right, title and interest
in and to the premises owned by the grantors and situate on the south
side of the Hornell-Almond State Highway in said Town of Hornellsville,
Steuben County, New York.
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    Excepting and reserving
from the foregoing described premises:
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(1)
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The premises described in the deed from Helen
R. Voght to the County of Steuben, dated September 4, 1934, and recorded
October 13th, 1934, in Book 446 of Deeds at page 375.
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(2)
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All of the land located on the northerly side
of the north line of the new state highway, running from Hornell west
to Almond, a portion of which highway was constructed upon the property
conveyed by Helen R. Voght to the County of Steuben, by deed dated
September 4, 1934, and recorded October 13, 1934, in Book 446 of Deeds
at page 375.
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(3)
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Subject to the right-of-way granted by Estella
Oyer to Empire Gas and Fuel Company, dated September 29, 1941, recorded
October 7, 1941, in Book 491 of Deeds at page 117.
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(4)
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Subject to the right-of-way given by Ellsworth
E. Oyer and Edward J. Oyer and Estella H. Oyer to New York State Electric
and Gas Corporation, dated February 24, 1938, and recorded October
9, 1946.
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(5)
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Also subject to the permanent easement acquired
by the State of New York for the rights to construct stream channel,
work area, access road and drainage ditches for channel improvement
on Canacadea Creek, dated August 17, 1951, recorded September 10,
1951, in Book 623 at page 58.
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    Being the same premises
mentioned and described in executor's deed dated April 22, 1966, from
Ellsworth E. Oyer and Doris Oyer Moncofsky, as executors of the last
will and testament of Estella Oyer, to Alben, Inc., and recorded in
August 23, 1967, in Liber 854 of Deeds at page 866.
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The territory described in § A320-10 of this Article is hereby annexed to the City of Hornell pursuant to the provisions of Article 17 of the General Municipal Law.
The territory described in § A320-10 of this Article and annexed to the City of Hornell by this Article shall be included in the Fourth Ward, seventh voting district, of the City of Hornell.
