Scott v Winston Salem Board of Education Appendix
Public Court Documents
October 1, 1970

681 pages
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Brief Collection, LDF Court Filings. Greenberg v. Veteran Rule 3(G) Statement, 1990. 17aa605e-b49a-ee11-be36-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/de018fb3-4142-4a60-aa50-2e23cfb8d5ec/greenberg-v-veteran-rule-3-g-statement. Accessed August 19, 2025.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK — ---------------------------------------- -— ------------------ -------------------- — X In the Hatter of the Application of MYLES GREENBERG and FRANCES M. MULLIGAN, Petitioners, -against- ANTHONY F. VETERAN, et al., Respondents. 89 Civ. 0591 (GLG) RULE 3(G) STATEMENT X Pursuant to Civil Rule 3(g) of the rules of this Court, respondents contend that the following are material facts as to which there is no genuine issue to be tried. 1. On September 14, 1988, a petition to incorpo rate the proposed Village of Mayfair Rnollwood was presented to the Supervisor of the Town of Greenburgh, respondent Anthony F . Veteran (the "Town Supervisor"). 2. The incorporation petition included a descrip tion of the boundary of the proposed village. Annexed Exhibit 1 is a copy of that description. 3. On November 1, 1988, a public hearing was held with respect to the Mayfair Knollwood petition, at which the Town Supervisor presided. At the end of the session, the Town Supervisor adjourned the hearing to November 21, 1988 to permit the submission of additional written materials. I Exhibit 1 Exhibit 2 2 4. After conclusion of the public hearing session and prior to November 21, 1988, Larry J. Nardecchia, Jr. submitted to the Town Supervisor a written statement in opposition to the petition to form the Village of Mayfair Knollwood. A copy of Mr. Nardecchia*s statement is annexed as Exhibit 2. 5. Mr. Nardecchia is a resident of the Town of Greenburgh. He also is a professional engineer, licensed to practice in the State of New York. He has been the Town Engineer of the Town of Greenburgh for approximately five years, and he has held various positions in local government for approximately 27 years. His regular work has included the review of property descriptions to determine their sufficiency. 6. Mr. Nardecchia reviewed the Mayfair Knollwood boundary description (Exhibit 1). His findings, opinions, and conclusions with respect to that review are set forth in his statement (Exhibit 2). 7. On December 6, 1988, the Town Supervisor’s decision with respect to the Mayfair Knollwood incorporation petition was filed. The Town Supervisor rejected the peti tion, in part, on the ground that the boundary description submitted with the petition did not describe the proposed village with "common certainty," as required by Village Law - 2- 3 § 2-202(1)(c)(1). The Town Supervisor based this ground for his decision on Mr. Nardecchia's statement (Exhibit 2). Dated: Elmsford, New York January 22, 1990 PAUL AGRESTA, ESQ Town Attorney ( Town of Greenburgh P.O. Box 205 Elmsford, New York 10523 (914) 993-1546 Attorney for Respondents Anthony F. Veteran and Susan Tolchin CUDDY & FEDER 90 Maple Avenue White Plains, New York 10601 Attorneys for Respondents Karen Developments, Inc., and Robert Martin Company RUTH E. ROTH, ESQ. 90 Maple Avenue White Plains, New York 10601 (914) 761-1300 Respondent Pro Se By: (914) Ruth E. Roth - 3- 4 PAUL, WEISS, RIFKIND, WHARTON & GARRISON 1285 Avenue of the Americas New York, New York 10019 (212) 373-3000 Attorneys for Respondents Anita Jordan, April Jordan, Latoya Jordan, Anna Ramos, Lizette Ramos, Vanessa Ramos, Gabriel Ramos, Thomas Myers, Lisa Myers, Thomas Myers, Jr., Linda Myers, Shawn Myers, and National Coalition for the Homeless Local counsel for Respondents Yvonne Jones, Odell A. Jones, Melvin Dixon, Geri Bacon, Mary Williams, James Hodges, and National Association for the Advancement of Colored People, Inc. White Plains/Greenburgh Branch JOYCE KNOX, ESQ. NAACP, Inc. 4805 Mount Hope Drive Baltimore, Maryland 21215-3297 (301) 486-9191 Attorney for Respondents Yvonne Jones, Odell A. Jones, Melvin Dixon, Geri Bacon, Mary Williams, James Hodges, and National Association for the Advancement of Colored People, Inc. White Plains/Greenburgh Branch By: -and- - 4 - 5 Of Counsel: Robert M. Hayes, Esq. O ’Melveny & Myers Citicorp Center 153 East 53rd Street, Room 5314 New York, New York 10022 (212) 326-2000 Julius L. Chambers, Esq. John Charles Boger, Esq. Sherrilyn Ifill, Esq. 99 Hudson Street New York, New York 10013 (212) 219-1900 Andrew M. Cuomo, Esq. 12 East 33rd Street, 6th Floor New York, New York 10016 (212) 779-3350 -5- EXHIBIT A Description of the territory proposed to be incorporated as the Village of Mayfair Knollwood with a description sufficient to identify and describing the location and extent of such territory with common certainty and which description includes a metes and bounds description of same forming the entire boundaries of the territory proposed to be incorporated as the Village of Mayfair Knollwood. _ . ... *he intersection of the easterly side of Knollwood Road and^the loutherly border of the town of Mount Pleasant located at or about the center of said Grasslands Road. Punning thence South 67“ 40' East a distance of 49.25 feet said southerly border of the Town of Mount J U X . S ! being ^ s o the northerly border of the Town of Greenburgh. Running thence South 6 8“ 27' 40" East a distance of 344.15 feet along the said southerly border of the Town o, Moun. Pleasant,"being also the northerly border of the Town of Greenburgh. Running thence South 67“ 23' 20" East a distance of 165.00 feet aiong the said southerly border of the Town of Mount Pleasai??9biVn5 elec the northerly border of the Town of Greenburgh. .49 of MountRunning thence South 6 8" 55’ 30" East a distance of 2 feet along the said southerly border o* the Town o- K fleisin?? being also the northerly border of the Town or Greenburgh. Running thence South 71" 53' 40” East a distance of 98 00 feet along the said southerly border of the Town o. Mou.;. Pleasant,?being also the northerly border the Town o* Greenburgh. „ . „ con.v, 7 4 ® 32' 00" East a distance of 373 .£2 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border o. the To .. - Greenburgh. c , e 701 2 0 " East a distance of 7£.57 fee?^longethe said southerly border of the Town of Mount Pleasant^being also the northerly border of the Town of Greenburgh. ,. « « 7 7 ' 30" East a distance of 232 . 29 fee”'alone6the s^id southerly border of the Town of Mount Pleasant?"being also the northerly border of the Town of Greenburgh. Running thence South 60e 25' 10" East a distance of 484.02 feet airng the said southerly border of the Town of Mount Pleasant, being also the northerly,border pf the Town of Greenburgh. _ _ J ' . : - -17 - ’ - Running thence South €1° 45* 20"'East a'distance of 313.97 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 57* 39' 50" East a distance of 375.77 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 60° 14' 50" East a distance of 320.11 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 63° 35' 50" East a distance of 139.45 feet alone the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 63° 58' 50" East a distance of 286.63 feet along the said southerly border of the Town c.. Mou..u Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 64® 20' 00" East a distance of 79.65 feet along the said southerly border of the Town o~ Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 6 6° 38' 20" East a distance of 74.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 70° 34' 40" East a distance of 210.68 feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh. Running thence South 71° 19' 50" East a distance of 45.98 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border cf the Town of Greenburgh. - 2 - Running thence South 73e 56' 40" East a distance of 196.32 feet along the said southerly border of the Towr of Mount Pleasant, being also the northerly border cf the Town of Greenburgh ■ ---,----~ Running thence South 79° 43' 50" East a distance of 66.06 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 78° 52' 10" East a distance of 56.67 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 74° 04' 10" East a distance of 39.04 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 68° 27' 00" East a distance of 36.86 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 68° 37' 40" East a distance of 261.65 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 60° 23' 40" East a distance of 61.09 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 57° 13' 04" East a distance of 38.60 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh to a point at or about the center of Stevens Lane Running thence South 47° 49' 47" East a distance of 40.99 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh -3- Running thence South 48® 40' 36" East a distance of 16.25 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh _ ' __ . _V _ _ ■__ ̂ . Running thence South 45° 31 ' 31* East a distance of 18.51 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 43® 30' 22" East a distance of 17.36 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 38® 31' 27" East a distance of 23.76 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 30° 13' 50" East a distance of 64.75 feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Running thence South 28° 00' 40" East a distance of 24.6E feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 25® 46’ 40" East a distance of 5.02 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 28° 52’ 50" East a distance of 10.€C feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 19° 26’ 40" East a distance cf 24.53 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 15® 06' 50" East a distance of 24.35 feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border of the Town cf Greenburgh -4- Running thence South 14® 27 ' 50" East a distance of 3 6 . 0 3 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh .. __ _ Running thence South 14® 19' 20" East a distance of 6 9 . 0 0 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14® 19 ' 20" East a distance of 59.90 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 12° 35' 58" East a distance of 79.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 13® 58' 00" East a distance of 150.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 27® 31' 40" East a distance of 119.09 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 47° 32' 20" East a distance of 82.49 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14® 42' 50" East a distance of 83.19 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 5° 17' 20" East a distance of 21.26 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 2° 18' 28" East a distance of 121.6£ feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh _5_ Running thence South 5° 07' 15" East a distance of 73.85 feet along the said southerly border of the Town of idount Pleasant, being also the northerly border of the Town of Greenburgh ..... . ^ ^ . > Running thence South 35® 29* 55" East a distance of 23.50 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 7° 49' 10" East a distance of 106.94 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 23® 31' 20" East a distance of 35.05 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 42® 08' 10" East a distance of 72.11 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 41° 48' 10" East a distance of 50.62 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 17® 13' 00" West a distance of 121.25 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh to a point at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 28® 35' 40" West a distance of feet at or about the center line of Hillside Avenue known as Route 100) 131.18 (also Running thence South 23® 20' 40" West a distance of 388.19 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 21® 37' 00" West a distance of 54.35 feet at or about the center line of Hillside Avenue (also known as Route 100) - 6- Running thence South 27® 30' 20" West a distance of approximately 510.00 feet at or about t^e center line of Hillside Avenue (also known as Route 100) Running thence South 35® 02'- 00" West 's distance of 311.18 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 37? 44' 00" West a distance of 113.0 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 43° 19' 00" West a distance of 117.50 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 41° 22’ 00" West a distance of 85.25 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 51° 11' 00" West a distance of 321.03 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South feet at or about the known as Route 100) 50° 38' 35" West a distance of 203.45 center line of Hillside Avenue (also Running thence South 51® 39' 50" feet at or about the center line known as Route 100) Running thence South 54° 58' 20" feet at or about the center line known as Route 100) West a distance of 137.44 of Hillside Avenue (also West a distance of 65.41 of Hillside Avenue (also Running thence South 60° 16' 55" West a distance of 173.23 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 59° 51' 30" West a distance of 60.4 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South 66® 56' 50" West a distance of 585.14 feet at or about the center line of Hillside Avenue (also known as Route 100) -7- \D Running thence South feet at or about the known as Route 100) 62® 42’ center 50" line West a distance of of Hillside Avenue 328.15 (also Running thence South feet at or about the known as Route 100) 80® 42'. center' 20" line West a distance of of Hillside Avenue 270.06 (also Running thence South feet at or about the known as Route 100) 52° 25’ center 10" line West a distance of of Hillside Avenue 337.83 (also Running thence South feet at or about the known as Route 100) 49® 23' center 10" line West a distance of of Hillside Avenue 158.38 .(also Running thence South feet at or about the known as Route 100) 43® 10' center 00" line West a distance of of Hillside Avenue 121.53 (also Running thence South feet at or about the known as Route 100) 36° 40' center 30" line West a distance of of Hillside Avenue 102.92 (also Running thence South feet at or about the known as Route 100) 25® 06' center 3 0" line West a distance of of Hillside Avenue 93.38 (also Running thence North feet at or about the known as Route 100) 86® 33' center 40" line West a distance of of Hillside Avenue 12.48 (also Running thence South feet at or about the known as Route 100) 17® 53' center 00" line West a distance of of Hillside Avenue 215.86 (also Running thence South feet at or about the known as Route 100) 15® 34' center 30" line West a distance of of Hillside Avenue 223.77 (alsc Running thence South feet at or about the known as Route 100} 16® 54' center 10" line West a distance of of Hillside Avenue 201.52 (alsc Running thence South feet to a point 88® 10' 20" West a distance of 170 . 4 C Running thence South 89 0 00' 20" West a distance cf 171.00 feet to a point -8- Running thence South 89s 35' 20 H feet to a point Running thence North 80s 37’ 40* feet to a point . Running thence South 876 41' 20" feet to a point Running thence South 88® 26' 10" feet to a point Running thence South 81° 34' 10" feet to a point Running thence South 86° 11' 00" feet to a point Running thence South 84° 57' 30" feet to a point Running thence South 84° 04' 50" feet to a point Running thence North 86* 04' 20" feet to a point Running thence South 8° 18' oo" : feet to a point Running thence South 9* 04' oo" : feet to a point Running thence South 17* 49’ 00" feet to a point Running thence South 18° 06' 00" feet to a point Running thence South 16° 48' 00" feet to a point Running thence North 89* 44' 00" feet to a point Running thence North 88* 00' 00" feet to a point West a distance of 49.00 West a distance of 28.10 West a distance of 418.87 West a distance of 269.58 West a distance of 120.40 West a distance of 48.11 West a distance of 58.42 West a distance of 33.13 West a distance of 111.52 East a distance of 254.62 East a distance of 104.97 East a distance of 110.2. East a distance of 56.7c East a distance of 191.1 East a distance of 19.32 East a distance of 192.: -9- Running thence North 89° oo o o 3 East a distance of 94.52feet to a point Running thence North 88 6 43/ 00" East a distance of 216.34feet to a point - _♦ Running thence North 87° 28* 0 0 " East a distance of 95.18feet to a point Running thence North 86® 0 6 ' 00" East a distance of 100.31feet to a point Running thence South 89 6 2 0 ' 0 0 " East a distance of 135.72feet to a point Running thence North 88° 3 0 ' 00" East a distance of 188.13feet to a point at or■ about the center .line of Hills ide Avenue (also known as Route 100) Running thence South 15° 11' 00" West a distance of 742.31 feet at or about the center line of Hillside Avenue (also known as Route 100) Running thence South OO VO o 32’ 00" West a distance of 118.72feet to a point Running thence North 87° 21' 00" West a distance of 57.22feet to a point Running thence South 88° 30' 00" West a distance of 200.02feet to a point Running thence South 87° 25' 00" West a distance of 126.00feet to a point Running thence South 88° 40’ 00" West a distance of 157.02feet to a point Running thence North 85° 45' 00" West a distance of 15.13feet to a point Running thence South 87° 1 6 ' 00" West a distance of 46.01feet to a point Running thence North 88° 09 ' 00" West a distance of 34.09feet to a point Running thence South 86° 01 ' 00" West £ distance of 10 92 0 4feet to a point -10- Running thence North 5® 59' 20" West a distance of 435.99 feet to a point . - - --- Running thence South 88® 07' 50" West a distance of 806.08 feet to a point Running thence South 11® 54' 00s East a distance of 458.87 feet to a point at or about the center line of Old Tarrytown Road Running thence South 87° 55' 00" West a distance of 22.03feet to a point Running thence North 72® 43' 00" West a distance of 14.60 feet at or about the center line of Old Tarrytown Road Running thence South 89® 14' 00" West a distance of 254.50 feet at or about the center line of Old Tarrytown Road Running thence North 88® 45' 00" West a distance of 40.50 feet at or about the center line of Old Tarrytown Road Running thence South 59° 34' 00" West a distance of 21.00 feet at or about the center line of Old Tarrytown Road Running thence South 81° 26' 00" West a distance of 56.53 feeu at or about the center line of Old Tarrytown Road Running thence South 87° 22' 00" West a distance of 284.92 feet at or about the center line of Old Tarrytown Road Running thence South 74® 11' 00" West a distance of 59.78 feet at or about the center line of Old Tarrytown Road Running thence North 88® 22' 00" West a distance of 89.15 feet at or about the center line of Old Tarrytown Road Running thence southerly a distance of approximately 25 fe? to the northeasterly corner of lands now or formerly of Mount Vernon Trap Rock Corporation being at the intersect;.: of the westerly boundary of Manhattan Park as shown on R.C. Map #1015 on a course South 3® 56' 20" West a distance of 248.20 feet Running thence South 3® 25' 20" West a distance of approximately 316.4 feet to a point Running thence South 86® 20' 05" West a distance of 723 ."9 feet to a point -11- Running thence North 55' 30' 30" Nest a distance of 348.34 feet to a point at or about the center line of Knollwood Road Running thence North 28' 41' 30" East a distance of 142.82 feet at or about the center line of Knollwood Road (also known as Route 100A) „ . 4' 23" West a distance of 93.84 feet a“ bout the center line of Knollwood Road (also known as Route 100A) Running thence North 39° 25' 10" East a distance of 233.07 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 28° 23' 30" East a distance of 7.9 feet at Sr about the center line of Knollwood Road (also known aE Route 100A) Running thence North 35° 20’ 10" East a distance of approximately 198.44 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 35' 18’ 00" East a distance of 142.17 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence westerly across Knollwood Road to a point where the Village of Elmsford border proceeds in a northwesterly direction from the westerly side of Knollwooc Road Running thence North 10° 25’ 50" West a distance cf^ approximately 4115 feet to a point sald 1^ ncec to be immediately adjacent to the present border of the Village of Elmsford Running thence North 80' 15’ 30" West a distance of 100.02 feet said line being intended to be immediately ad3acent t. the present border of the Village of Elmsford c ® i t 5 0" East a distance of 512.26 fee?1along8the easterly border of the Sprain Brook Parkway to the southerly side of Payne Street Running thence North 62" 12' 49" Nest a distance of 252.59 feet to a point Running thence easterly along the southerly side of Payne Street a distance of approximately 100 feet to the intersection formed by the southerly side of Payne Street and the westerly, 6ide of Montgomery__Avenue -Running thence northerly across Payne Street a distance of approximately 50 feet to the intersection formed by the northerly side of Payne Street and the westerly side of Montgomery Avenue Running thence along the westerly side of Montgomery Avenue a distance of 285 feet to a point on the westerly side of Montgomery Avenue Running thence easterly and at right angles to the westerly side of Montgomery Avenue a distance of 150 feet to a point distant 100 feet from the westerly side of Lawrence Avenue Running thence northerly and parallel with the westerly sic of Lawrence Avenue (distant 100 feet westerly from the westerly side of Lawrence Avenue) a distance of 400 feet Running thence westerly across the Sprain Erook Parkway to point on the easterly side of Executive Boulevard distant 393.20 feet on a course South 34° 37' 00" West from Monumer. No. 16 as shown on Map No. 15544 filed in the Westchester County Clerk's Office Division of Land Records on August 2C 1967 Running thence North 55® 23 ' o o a West a distance of 3C0.0C feet to a point Running thence North 4 3® 0 7 ’ 00" West a distance of 365.90 feet to a point Running thence South 8 3® 0 2 ' 00" West a distance of 2 3 5 . EC feet to a point Running thence South 77® 27' 00" West a distance of 3 8 . 2 C feet to a point Running thence South 83® 39' 00" West a distance of 704.9: feet to a point Running thence North 10® 49' 00" West a distance of 473.5 feet to a point Running thence South 64® 05' 30" West a distance of 4 1 ."3 6 feet to a point -13- Running feet to thence South a point 42® 23 * 20" West a distance of 53.08 Running feet to thence South a point 12® 58'«20" West a distance of 72.54 Running feet to thence South a point 81® 57' 40" West a distance of 36.23 Running feet to thence South a point 69® 09' 30" West a distance of 54.13 Running feet to thence South a point 40® 26' 30" West a distance of 75.29 Running feet to thence South a point 71® 11' 40" West a distance of 100.90 Running feet to thence South a point 57® 15' 20" West a distance of 100.39 Running feet to thence South a point 79° 22' 10" West a distance - tw■ 46.87 Running feet to thence South a point 55° 41' 30" West a distance of 7 7 . 8 E Running feet to thence South a point 55® 57 * 50" West a distance cf 91.22 Running feet to thence South a point 42® 00' 00" West a distance of 100.60 Running feet to thence South a point 59® 08' 50" West a distance of 48.26 Running feet to thence South a point 79° 19 ’ 00" West a distance of 18.60 Running feet to thence South a point 89® 03’ 10" West a distance of 26.25 Running thence northwesterly a distance of 55 feet mere c less to the westerly side of Saw Mill River Road (Route 9 at a point formed by the westerly side of Saw Mill River Road (Route 9A) and the southerly side of Fairview Park Drive where same intersect at the southerly end of a curve to the south having a radius of 30 feet / -14- > M Running thence along the westerly side of Saw Mill River Road (Route 9A) a distance of 149.83 feet to a point Running thence along the westerly side of Saw"Mill River Road (Route 9A) South 17® 50* 16* East a distance of 36.86 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 18® 37' 50* East a distance of 832.06 feet to a point Running thence along the westerly side of Saw Mill River Road (Route 9A) South 13® 28s 30* East a distance of 272.4 feet to a point Running thence along a curve to the right with a radius of 731.0 feet, a central angle of 4® 21’ 09" a distance of 55.53 feet to a point Running thence South 81® 00* 20" West a distance of 768.04 feet to a point Running thence South 5° 29* 10" West a distance of 630.84 feet to a point Running thence North 56® 311 40" West a distance of 576.11 feet to a point on the easterly line of lands of the New York and Northern Railroad Company now, or formerly, New York Central Railroad Companv (Putnum Division) (hereinafte "N.Y.C.RR.P.D.") Running thence along the easterly line of said N.Y.C.RR.P.D. North 5® 50' 50" East a distance of 124.67 feet to a point Running thence along the easterly line of said N.Y.C.RR.P.E on a curve to the left tangent to the previous course and having a radius of 1194.06 feet a distance of 697.31 feet t a point Running thence northerly along the easterly line of saic N.Y.C.RR.P.D. on a curve to the left having a radius of 1177.56 feet, a central angle of 25® 01' 00" a distance of 514.15 feet to a point Running thence North 52® 46' 20" West a distance of 722. CC feet to a point -15- Running thence northerly on a curve to the right having a radius of 1399.39 feet, a central angle of 10° 39' 25" a distance of 260.28 feet to a point Running thence North 73° 09' 00" East a distance of 16.44 feet to a point Running thence North 73° 39' 00" East a distance of 1.82 feet to a point Running thence northerly on a curve to the right having a radius of 1382.89 feet, a central angle of 17° 39' 58" a distance of 426.39 feet' Running thence North 24° 46' 20" West a distance of 250.00 feet to a point Running thence northerly on a curve to the left having a radius of 1004.41 feet, a central angle of 22c 33' 15" a distance of 395.38 feet to a point Running feet to thence North a point 47° 19 ' 35" West a distance of 270.70 Running feet to thence North a point 57° 46' 20" West a distance of 504.2 Running thence continuing along the northerly and easterly- lines of "N.Y.C.RR.P.D." as it winds along the southerly line of lands now or formerly of the County of Westchester to a point located at the southeasterly corner of lands shown on a certain map entitled "Westchester Lighting Co. County of Westchester," said map filed in the Office of th Clerk of Westchester County, Division of Land Records, or. 1-5-1943 as Map No. 5673; being approximately a distance c 197 feet Running thence still along said northerly and easterly lin of said "N.Y.C.RR.P.D.," North 75° 32' 55" West 783.94 fee to a point Running thence in a northwesterly direction, along a curve to the right having a radius of 621.78 feet, an interior angle of 62° 24' 40", a distance of 677.29 feet to a point Running thence still along said "N.Y.C.RR.P.D.," North 13c 08' 15" West 933.97 feet to a point -16- Running thence still along said railroad, on a curve to the right in a generally northeasterly direction, said curve having an interior angle ©f 69® 57* 15", a radius of 754.32 feet and a distance of 920.97 feet to a point Running thence still along said railroad North 56® 49' East 351.24 feet to a point Running thence still along said railraod, in a generally northerly direction, on a curve to the left, having a radius of 811.78 feet, an interior angle of 21® 35* 46", a distance of 305.98 feet to a point Running thence still along said railroad, North 35® 13’ 14" East 752.69 feet to a point on the southwesterly line of Ole Saw Mill River Road, as the same is shown on the aforesaid filed Map No. 5673 Running thence continuing on a prolongation of said line to a point in said Old Saw Mill River Road at the division lim between the Town of Greenbrugh on the South and the Town of Mount Pleasant on the North Running thence along said division line on a line generally parallel with the following 2 courses and distances South 48® 26' 56" East 377.83 feet to a point South 48° 56' 36" East 30.22 feet to a point, said point being a prolongation of the division line between lands N/F of James Butler and/or Emipire City Racing Association, and lands N/F Westchester Lighting Co. as shown on the aforesa; Map No. 5673 Thence continuing along said division line between the Towr of Mount Pleasant on th North and the Town of Greenburgh cr the South on a line gnerally parallel to the following 6 courses and distances On a curve to the left, in a generally Easterly direction, having a radius of 1946.86 feet, a central angle of 1® 48’ 38", a distance of 61.52 feet to a point Thence continuing along said division in the same manner, South 34® 45’ 00" West 45.54 feet to a point South 55® 15' 00" East 102.00 feet to a point North 34® 45' 00" East 41.97 feet to a point -17- Thence continuing in an easterly direction, along a curve tc the left, having a radius of 1946.86 feet, a central angle of 2® 23* 15", a distance of 81.125 feet to a point Thence continuing along said Town division line, in the sane manner, the following 14 courses and South 57® 37' 16" East 373.84 feet South 57® 53' 10" East 43.33 feet South 63® 20' 30" East 64.27 feet South 68® 16' 40" East 63.98 feet South 71® 57' 20" East 48.14 feet South 75® 31’ 00" East 167.65 feet South 75® 03' 30" East 417.19 feet South 71® 58' 00" East 46.04 feet South 70® 36' 00" East 53.02 feet South 67® 40' 50" East 36.36 feet South 66° 14' 50" East 71.78 feet South 63° 42' 50" East 155.58 feet South 63® 47' 50" East 376.04 feet Running thence along a curve to the right in a generally southeasterly direction, having a radius of 954.67 feet, a central angle of 53° 14' 00", a distance of 830.73 feet me or less, to a point on the aforesaid Town division line, a the intersection of Old Saw Mill River Road and Grasslands Road (a/k/a Lower Cross Road) Running thence from said point, continuing along the division line between said Towns, in a generally easterly direction, all as shown on filed Map No. 1879, sheet 67, t a point being the prolongation of the Westerly line of la:, shown on said map as "Property To Be Acquired By The City New York" -18- Running thence from said point, continuing along said division line between the Town of Mount Pleasant on the North, and the Town of Greenburgh on the South, in a generally Easterly direction, all as shown_on.filed Map No. 1863, sheet 52, to a point and the Easterly boundary of lands shown on Map No. 1879, sheet 67, as “Property To Be Acquired By The City of New York", said easterly line more particularly shown on filed Map No, 1863 Continuing along said division line, in a generally southeasterly direction, and generally parallel to the northerly taking lines shown on filed Maps Nos. 19736, 19319, 12821 and 19920, 19993, 19317 and 19484, respectively, to a point where said division line intersect the easterly side of Knowllwood Road, at the point or place Of BEGINNING. -IS- TO : ANTHONY F. VETERAN, SUPERVISOR FROM : LARRY J. NARDECCHIA, JR., P.E. RE : STATEMENT IN OPPOSITION TO PETITION TO FORM VILLAGE OF MAYFAIR-KNOLLWOOD I am a resident of the Town of Greenburgh, a registered voter, and a person qualified to vote for town offices in the Town of Greenburgh. I am the duly appointed Town Engineer of the Town of Greenburgh. I have been employed by the Town in this capacity for ne past four ue ars. Prt'r tc that I Served =! the Ccrrj, ..ssioner of Public Works for the Town of New Castle for three years; as the Building Inspector, Village Engineer and Highway Superintendent for the Village of Dobbs Ferry for three years; and as an Assistant Engineer for the City of New Rochelle for 17 years. I have a Bachelors Degree in Civil Engineering from Manhattan College, a Masters in Public Administration from Pace University and am a Licensed Professional Engineer licensed by the State of New York, License No. 56570. I hate a total of 2V years experience working for local governments which includes a:; part of the regular course of my duties the review of property descriptions tc determine their sufficiency. i' 12.1 I have carefully examined the property description in the petition (Exhibit A). Based on my analysis I submit the following objections and urge you to reject the petition as invalid because the property description does not describe an area with "common certainty". At one time, land was recorded with descriptions of natural or artificial features of the terrain such as streams and stone walls. As years passed and land was developed, many of these features ceased to exist. Needless to say, numerous disputes resulted. It became more common to describe lengths and directions of boundaries by compass and measurements. When bearings and lengths are given to describe a tract of land, the description is by "metes and bounds". This system dc tes bac< c . color, .-i a 3 dais and is u. >c 1 r most of the .-as tern part cf the United States. The describer locates a corner of the property and follows the directions and the distances of the property lines until the perimeter is described back to the starting point. A metes and bounds description uses mathematic precision to locate each and every point or. a perimeter cf a many sided figure (polygon). Through this system every point may be computed to give an accurate finite distance north from the Equator (Latitude! and an accurate finite distance east from the Prime Meridian (Longitude) of a giver, point from a previous point in the description. The compass reading or direction of the property line is giver, in one cf the four quadrants (N.E., S.E., 125 N . W ., or S.W.). The angles are never more than 90° and they are taken from either the north meridian or the south meridian, whichever gives the lesser angle. Therefore by giving a bearing which can be translated to an angle for trigonometric calculation and a finite distance [not an approximate (±) distance] we give a unique location of the described property point. If the metes and bounds description was complete it would return to the point of beginning and create a unique one-of-a-kind polygon. This system could tie into any other system, using the same datum. Surveyors in the Town of Greenburgh base their surveys on the United States Coast and Geodetic System. (USC&GS) which has markers throughout Westchester County, :t? , riles, i ■,i s, . d villager. It apperrs f hat this description has started its descriptive process m the same datum system currently in use in the Town of Greenburgh. All metes and bounds descriptions are supposed to begin at a known point on the filed map. This description does not begin by referring to a known point on a filed map. Therefore, the whole description cannot be tied in, with certainty, to the entire land records system of Westchester County. This d.-ficiency is further compounded by the fact- that the centc. -line of Grasslands Read or. which the description begins has been altered by the New York State Department of Transportation which means that at this location the center-line might not be on the Town boundary 9 -3- 126 line. It cannot be supposed which center-line of Grasslands Road is referred to, the new one or the old one, from the description given. In general, the description then runs rather consistently as a metes and bounds description for the first eleven pages. At page 11, line 26, the property description then deviates from being a metes and bounds description because terms like "thence southerly" without a bearing and "approximately 25 feet" without a finite distance appear. At this point, the unique location in relation to latitude and longitude of the next point cannot continue with accuracy. For instance, at page 11, line 26, no bearing or c..;- -/.re ii . ver. cc that at this point the description •_r the parcel car.r.ot be continued with certainty. There is no way to determine in what direction the boundary line is intended to proceed, or for what distance. The polygon being described has lost its mathematical uniqueness and nc longer continues as a valid metes and bounds description. If this were the only point of deficiency a forced closure could compute the bearing and distance giving a unique description. However, this inconsistency occurs 13 more tines ir the following 7 pages thus creating 1̂ separa+e piece? of a description which are not linked together. On page 12, line 24, no distance or bearing is given, creating a second point of discontinuity. it t - 4 - 127 On page 13, line 2, no bearing is given and the distance is only approximate. Therefore, it's impossible to determined in which direction the line goes and its length thus creating a third point of discontinuity. On page 13, line 6, no bearing is given and the distance is only approximate. In likewise manner, this creates a fourth point of total discontinuity. On page 13, line 10, no bearing is given and we do not know in which direction the property line proceeds creating a fifth point of discontinuity. On page 13, line 13, no bearing is give since one cannot go off at a right angle from a preceding line whose bearing line was not given. At this point, we have ,.j-p... h-l the- trier anc have a sixth point _f discontinuity. On page 13, line 16, we have no bearing anc the description only says that it is parallel to another bearing. This is indeterminate and cannot be used for the continuity of a description. This creates a seventh point of discontinuity. On page 13, line 20, no bearing nor distance are given, creating an eighth point of total discontinuity. On pa‘ge 14, lire 31, no bearing a_d only an apr.cximate distance is given, creating a ninth poi.it of discontinuity. On page 15, line 12, the curve is defined with a central angle, but by computing, . i's cbvious that the curve f - 5- 128 chord is net tangent to the preceding property line nor the following property line. Therefore, two radials or a and bearing would have to be used for this description. Neither of these is supplied and there would be an infinite number of curves proposed without further definition. This creates a tenth point of discontinuity. On page 16, line 20, the description given is an extension of a straight line and has no bearing at all, with only an aproximate distance. This obviously creates an eleventh point of discontinuity. On page 17, line 15, the prolongation as it is stated has no bearing nor has a distance been given, creating a twelfth point of discontinuity. Or. pace 1 “, line ln, "general 2; parallel" meets r : desrr.ptive criteria whatsoever since you must gc from, a specific point to another specific point. This neither starts nor ends at either. Parallel is a descriptive term, defining an infinite number of points all the same distance from: a given line. The description makes that term one of generality, creating a thirteenth point of discontinuity. On page 17, line 29, the same generality is used and meets no descriptive criteria for an unique polygon, cr“2 f ir.g a fourteenth pc: nt of discontinuity. The actual area of this fijure cannot be computed until there is ar. accurate (closed) figure to work from. In a separate instance the text quotes "the following 34 courses and distances" and proceeds tc only - 6- 129 sup ply 13, on pa g e 18. C e r t a i n l y the m i s s i n g link could represent acres in area not to mention conflict with all the physical field locations of roads, rails, walls and rivers. This creates at least a fifteenth point of discontinuity. The last two pages of the description turn into a litany of towns, owners, and filed maps which cannot equate into a mathematical translation necessary to constitute a metes and bounds description. Though it might be possible to extrapolate a metes and bounds description from these filed maps, depending on their content, the preparer for some reason chose to lump these sides together merely by telling us where to look. However none of these maps were filed with the Town of Greenburgh nor did I have copies cm-- r.g my 2uOC map s in -ur 'hies. In general the description has 15 voids alcig its course and a last series of unknown number of sides which was not even described rendering it unusable for a metes ar.d bounds description, or any kind of description with "common certainty". As a description it bounces from one system to another and finally to mere references as to where the information can be found without any specifics. This last case makes this totally defective for any type of description. Eased on my 27 years of experience u is my opinion that the property description does not in fact 130 describe an area of land with common certainty due to the omissions and inaccuracies as defined herein. Respectfully submitted, Ardsley, New York 10502 (Town of Greenburgh) - 8- 13J 132 EXHIBIT A D e s c r i p t i o n of the t e r r i t o r y proposed to be incorporated as t h e Village of Mayfair Knollwood with a description sufficient identify and describing the location a n d e x t e n t c. sucm territc with common certainty and which description includes a me hour.: terr: oe; :ry pr .ption Dpcsed to of same fonr.. no the entire boundaries c. the income rated as the tillage Kncllwooc 13? ^ 'O i J {^Beginning at the intersection of the easterly side of Knclxwcoa Rea a -ana the southerly border of the town of M&unt Pleasant locatec at c , - ©A*' about the center of said Grasslands Road.CU 0 Running thence South 676 40' East a distance of 49.25 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 68° 27' 40" East a distance of 344.15 feet along the said southerly border of the Town or Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 67° 23' 20" East a distance of 165.CO feet along the said southerly border of the Town or Mount PXea.cant, being also the northerly border of the Town or Gree- '• urgh Running thence Soatn 68° 55' 30" East a distance c: - •.t9 feet along the said southerly border of the Town cr Mount Pleasant, being also the northerly border of the Town cr Greenburgh. Running thence South 71° 53’ 40" East a distance of 98.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 74° 32' 00" East a distance of 373. S2 feet along the said southerly border of the Town of Mount. Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 61e 38' 20" East a distance of 78.57 feet along the said southerly border of the "cv" of Mount Pleasant, being aiso the n o r t h e r l y border of the Town cr Greenburgh. Running thence South 56° 32' 30" East a distance of 232.29 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. . 134 - 1- Running thence South 60° 25' 10" East a distance of 484.02 feet alrng the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 61° 45' 20" East a distance of 313.5“ feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 57° 39' 50" East a distance of 375.77 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 60° 14' 50" East a distance of 320.11 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh. Running thence South 63° 35' 50" East a distance of 139.^5 .eet along the said southerly ' order of the Town vf Mount Pleasant, being also the northerly border cf the Town cf Greenburgh. Running thence South 63° 58' 50" East a distance cf 286.62 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border cf the Town cf Greenburgh. Running thence South 64° 20' 00" East a distance cf 79.65 feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border of the Town cf Greenburgh. Running thence South 66° 38' 20" East a distance of 74.66 feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border of the Town cf Greenburgh. Runnina _;.«r.ce South 70® 34' 40" East a d_star.cc cf — . C. i ? feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border of the Town cf Greenburgh. Running thence South 71° 19' 50" East a distance of 45. 9v feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border cf the Town cf Greenburgh. - 2 - 135 Running thence South 73° 56' 40" East a distance of 196.32 feet along the said southerly border of the Town or Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 79° 43' 50" East a distance of 66.08 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 78° 52' 10" East a distance of 56.67 feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Running thence South 74° 04' 10" East a distance of 39.04 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 68° 27’ 00" /ast a distance of 38.86 feet along the said s i ■’“ly border of tr.e Tow., of Mv-r.t Pleasant, being also the northerly border of the Town or Greenburgh Running thence South 68° 37' 40" East a distance of 261.65 feet along the said southerly border of the Town or Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 60° 23' 40" East a distance of 61.09 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 57° 13' 04" East a distance of 38.60 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town or Greenburgh to a point at or about the center of Stevens Lane Running thence South 47e 49' 47" East a distance vf 4C.39 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh -3- 13P Running thence South 48° 40' 36" East a distance of 16.25 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 45° 31' 31" East a distance of 18.51 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 43° 30' 22" East a distance of 17.36 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 38® 31' 27" East a distance of 23.76 feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Running t.hence South 3 0c 13' 50" East a distance c f 6 4.79 fe-’t aio.., the said so\ therly border of the Town c Pleasant, being Greenburgh sJ.sc the northerly border of the . r a ■' ** Running thence South 28® 00' 40" East a distance c f 2 4.68 v feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Running thence South 25s 46' 40" East a distance of 5.02 feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Running thence South 28® 52' 50" East a distance of 10.60 feet along the said southerly border of the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Penning thence South 19° 26' 40" East a cxstarce of 2.. 6 3 feet along the said southerly border jf the Town of Mount Pleasant,"being also the northerly border of the Town of Greenburgh Runninc thence South 15® 06’ 50" East a distance of 24.35 feet along the .-aid southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh -4- 137 Running thence South 14° 27' 50" East a distance cf 36.C2 feet along the said southerly border cf the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14s 19' 20" East a distance of 69.00 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 14° 19' 20" East a distance of 59.90 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 12° 35' 58" East a distance of 79.66 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 13° 58' 00" East a distance cf 150.0 i eet- r - - ~ g the said southerly border of the ~ of "c .* n ? 1 e a s a i. , beir.c also the northerly border cf tV_ T own Greenburgh Running thence South 27° 31' 40" East a distance of 115.C feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 47° 32' 20" East a distance cf 82.49 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 14® 42' 50" East a distance of 83.19 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town cf Greenburgh Running thence South 5° 17' 20" East a distance of 21.26 feet a’ong the said southerly border of the Town cf MC'.r.t Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 2° 18' 28" East a distance of 121.68 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly berd r cf the Town of Greenburgh 5- • 138 Running thence South 5® 07' 15" East a distance of 73.85 feet along the said southe-ly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 35° 29' 55" East a distance of 23.50 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Running thence South 7° 49' 10" East a distance of 106.94 feet alonq the said southerly border of the Town of Mount Pleasant/being also the northerly border of the Town of Greenburgh Running thence South 23° 31' 20" East a distance of 35.05 feet along the said southerly border of the Town of Mount Pleasant, being also the northerly border of the Town of Greenburgh Punning thence South 42° 08' 10" East a distance of 72.11 ceet alone the sate, southerly borae. of the •. c. wr. r; .•.tun _ Pleasant, being also the northerly border cf .he r‘c •• c_ Giter.b argh Running thence South 41° 48' 10" East a distance of 50.62 feet along the said southerly border of the Town cf Mount Pleasant/being also the northerly border cf the Town of Greenburgh Running thence South 17° 13' 00" West a distance cf 121.29 feet along the said southerly border of the Town cf Mount Pleasant, being also the northerly border of the Town cf Greenburgh to a point at or about the center line or Hillside"Avenue (also known as Route 100) Running thence South 28° 35' 40" West a distance cf 131.18 feet at or about the center line of Hillside Avenue (alsc known as Route 100) Running thence South feet at or about the known as Route lOQj 23° 20' 40" West a diatar.ee c: center line of Hillside Avenue Running thence South feet at or about the known as Route 100) 21® 37' 00" West a distance of 54.29 center line of Hillside Avenue (alsc v «* - 6- 13P Running thence South 27® 30' 20" West a distance of approximately 510.00 feet at or about t'"e center line of Hillside Avenue (also known as Route 100) Running thence South feet at or about the known as Route 100) 35° 02' center 00" line West a distance of of Hillside Avenue 311.18 (also Running thence South feet at or about the known as Route 100) 37° 44' center 00" line West a distance of of Hillside Avenue 113.0 (also Running thence South feet at or about the known as Route 100) 43° 19' center 00" line West a distance of of Hillside Avenue 117.50 (also Running thence South feet at or about the known as Route 100) 41° 22' center 00" line West a distance of of Hillside Avenue 85.25 (also Running thence South feet at or about the known as Route 100) 51° 11' cente ■■ 00" West a distance of r Hillside A nnue 321 .03 (also Running thence South feet at or about the known as Route 100) 50° 38' center 35" line West a distance of of Hillside Avenue 203.45 (also Running thence South feet at or about the known as Route 100) 51° 39' center 50" line West a distance of of Hillside Avenue 137.44 (also Running thence South feet at or about the known as Route 100) 54® 58’ center 20" line West a distance of of Hillside Avenue €5.41 (also Running thence South feet at or about the known as Route 100) 60° 16' center 55" line West a distance of of Hillside Avenue 173.25 (also Running thence South feet at or about the known as Route 100) 5 9® 51' center 30" 3 ine West a distance of Hillside Avenue - - c false Running thence South feet at or about the known as Route 100) 66° 56' center 50" line West a distance of of Hillside Avenue 585.14 (also -7- H P C ) M l Running thence South 62° 42 feet at or about the center known as Route 100) Running thence\South feet at or abouV-t^re- known as Route 100) 50" West a distance of line of Hillside Avenue ? 80° 42' 20" West a distance of -center—tine of Hillside Avenue 326.15 (also 270.06 (also Running thence South feet at or about the known as Route 100) 52° 25' 1C" center line West a distance of of Hillside Avenue 337.83 (also Running thence South feet at or about the known as Route 100) 4 96 23' 10" center line West a distance of of Hillside Avenue 158.38 (also Running thence South feet at or about the known as Route 100) 43° 10' 00" center line West a distance of of Hillside Avenue 121.53 (else Running thence South feet at or about the known as Route 100, 36° 40’ 30" cent-u line West a distance r.f of Hill sice V.'erue 102.92 f a I sc Running thence South feet at or about the known as Route 100) 25s 06' 30" center line West a distance of of Hillside Avenue 9 3.36 (also Running thence North feet at or about the known as Route 100) 86° 33' 40" center line West a distance of of Hillside Avenue 12.48 (also ft Running thence South feet at or about the known as Route 100) 176 53' 00" center line West a distance of of Hillside Avenue 215.86 (also Running thence South feet at or about the known as Route 100) 15® 34' 30" center line West a distance of of Hillside Avenue 223 . (aisc /Tj| cm x> Running thence South feet at or about the known as Route 100) 16° 54’ 10" renter line West a distance of of Hillside ' venue / rv! c ' f c*. 1 SC Running thence South feet to a point 88° 10’ 20" West a distance of 170.4: Running thence South feet tc a point 89® 00' 20" West a distance of 171.00 > l* -8- u : Running thence South 89° 35' 20" West a distance of 49.00 feet to a point Running thence North 80° 37' 40" West a distance of 2 8 . 1C feet to a point Running thence South 8 70 41’ 2 0" West a distance of 418.8 feet to a point Running thence South 88® 26' 10" West a distance of 269 . 5 feet to a point Running thence South 81° 34' 10" West a distance o f 120.4 feet to a point Running thence South 86° 11' 00" West a distance of 4 8.11 feet to a point Running thence South 84® 57' 30" West a distance of 58.42 feet to a point FuV: ~ 1 n c t.h f t ~ S o u t h S 4 0 0 4' 50” West a distance r e e ̂ tc d pu x 11 C Running thence North 86° 04' 20" West a distance o f 111.5 feet to a point Running thence South 8® 18' 00" East a. distance i 254.62 feet to a point Running thence South 9® 04' 00" East a. distance <of 104.9' feet to a point Running thence South 17® 49' 00" East a distance of 110.2 feet to a point Running thence South 18® 06' 00" East a distance of 5 6 . 7 £ feet to a point Running thence South 16° 48' 00" East a distance c f 19 1.: feet to a point Running thence North 89® 44' 00" East a distance of 19.32 feet to a point Running thence North 88® 00' 0U" East a distance of 19 2.: feet to a point -9- ( 14? Running thence North 89° 00’ Oo East a distance of 94.52 feet to a point Running thence North 88° 43' 00" East a distance of 216.34 feet to a point Running thence North 87° 28' 00" East a distance of 95.16 feet to a point Running thence North 86° 06' 00" East a distance of 100.31 feet to a point Running thence South 89s 20' 00" East a distance of 135."2 feet to a point Running thence North 88° 30' 00" East a distance of 188.13 feet to a point at or■ about the center line of Hillside Avenue I[also known as, Route 100) Running thence South 15® 11' 00" West a distance c f 7 4 2.3 1 feet at or about the center line of Hillside Ave:lue (alsc cwr a?: Route 100) Running thence South 89® 321 0 0” West a diST.ar.ce c f 11 6 . ~3 feet to a point Running thence North 87° 21' 00" West a distance of 57.22 feet to a point Running thence South 88® 30' 00" West a distance c i 2 C 0.0 2 feet to a point Running thence South 87® 25' 00" West a distance of 126.01 feet to a point Running thence South 88® 40’ 00" West a distance of 157.02 feet to a point✓— —, Running thencev North,. ̂8 5 ® 45'1 00" West a distance of 15.13 feet to a point'*-— P"-'ning thence South 87° 16'1 00" West i . distance c f <36.11 feet to a point Running thenceforth >8® 09 ' 00" West a distance of 34.C9 feet to a point- --- Running thence South 86® 01 ' 00" West a distance of 10' .04 feet to a point -10' li? o*4 o o \ c \ Running thence North 5° 59' 20" West a distance of 435.99 feet to a point Running thence South 88° 07' 50" West a distance of 806.CS feet to a point Running thence South 11° 54' 00" East a distance of 458.87 feet to a point at or about the center line of Old Tarryto. Road Running thence North 72® 43' 00" West a distance cf 14.60 feet at or about the center line of Old Tarrytown Road Running thence South 89° 14' 00" West a distance of 254.50 feet at or about the center line of Old Tarrytcwr. Road Running thence North 88° 45’ 00" West a distance of 40.50 feet at or about the center line of Old Tarrytown Road Running thence South 87° 55' 00” West a distance cf 22.03 feet to a point ,.*g thence South 59° 34' 00" West a at or about the center line cf Old Tarry - O _ G . . _ C wr ^ ^ \ n t f ^ V * L ' ^ X . t ' J Running thence South 81° 26' 00" West a distance cf 56.83 feet at or about the center line of Old Tarrytcwr. Road Running thence South 87° 22' 00" West a distance of 284.92 feet at or about the center line of Old Tarrytcwr. Road Running thence South 74° 11' 00" West a distance of 59.78 feet at or about the center line of Old Tarrytcwr* Road Running thence North 88® 22' 00" West a distance of 89.15 feet at or about the center line of Old Tarrytown Road Running thence southerly a distance of (approximately 2 to the northeasterly corner of lands now or formerly o Mount Vernon Trap Rock Corporation being at the inters of the wester1 y boundary of Manhattan Park as shown or. Map #1015 on a course South 3° 56' 20" West a distance 248.20 feet Running thence South 3° 25’ 20" West a distance of approximately 316.4 feet to a point Running thence South 86® 20' 05" West a distance cf 72 feet to a point - 11- ir» h# 0) c \ Running thence North 62® 12' 49" West a distance of 257.59 feet to a point Running thence North 55° 30' 30" West a distance of 348.34 feet to a point at or about the center line of Knollwood Road t u Running thence North 28® 41' 30" East a distance of 142.82 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 3® 4' 23" West a distance of 93. B4 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 39® 25' 10" East a distance cf 233.07 feet at or about the center line of Knollwood Road (also known as Route 100A) Running thence North 28® 23' 30" East a distance of 7.9 fee- at or about the center line of Knollwood Read (also known a: Route 100A) Running thence North 35° 20' 10" East a distance cf approximately 198.44 feet at or about the center line of Knollwood Road (also known as Route 10GA) Running thence North 35® 18' 00" East a distance or feet at or about the center line of Knollwood Road (also known as Route 100A) 142.1" \ o T \ . ' ...\ o' 1 Running thence westerTy across Knollwood Read to a pc where the Village of Elmsford border proceeds in a northwesterly direction from the westerly side of Kr. fSBaad-- ------------— --- - ‘ ' " " “ Running thence North 10® 25' 50" West a distance cf approximately 4115 feet to a point said line being i to be immediately adjacent to the present border of Village of Elmsford it \ nten.ee; the Punning thence North 80® 15’ 30" West a distance cf -CC.C* feet said line being intended to be immediately ac;a cent tc the present border of the Village of Elmsford Running thence North 8® 31' 20" East a distance of 512.26 feet along the easterly border of the Sprain Rrook Parkway to the southerly side of Payne Street - 12- f 5 Running thence easterly along the southerly side of Payne ' ’’ ' street a distance of approximately 100 feet to the •^''intersection formed by the southerly side of Payne Street . , , and the westerly side of Montgomery Avenue " Runnina thence northerly across Payne Street a distance ci "I ,r ■ approximately 50 feet to the intersection formed by the clr/A- northerly side of Payne Street and the westerly side of _3 Montgomery Avenue ^0 If' Running thence along the westerly side of Montgomery Avenu a distance of 285 feet to a point on the westerly side of Montgomery Avenue Running thence easterly and at right angles to the westerl side of Montgomery Avenue a distance of 150 feet to a pcin distant 100 feet from the westerly side of Lawrence Avenue - Running thence northerly and parallel with the westerly si f Lawrence Avenue (distant 100 feet westerly from the terly side of Lawrence Avenue) a distance of 400 feet F v'n: r.g thence -iterly across the Sprair. Erock ?ark,c’ • " pc m u on the east ..rly side of Executive Ecuxevarc distant 393.20 feet on a course South 34° 37’ 00" West from Mc.vu.me No. 16 as shown on Map No. 15544 filed in the Westchester County Clerk’s Office Division of Land Records on August 2 1967 Running feet to thence North a point 55° 23 ’ 00" West a distance of 3C0.CC Running feet to thence North a point 43s 07 ’ 00" West a distance of 365.9" Running feet to thence South a point 83° 02’ 00" West a distance of 2 3 5 . SC Running feet to thence South a point 77° 27' 00" West a distance of 35. 20 Running feet to thence South a point 83 0 39' 00" West a distance of / 0 4.9 Running feet to thence North a point 10° 49' 00" West a distance of 4 7 3 .5 Running feet to thence Sou- h a point 64° 05' 30" West a distance of 4 1 .'3 6 146 -13- Running feet to thence South a point 42° 23 ' 20" West a distance of 5 3.08 Running feet to thence South a point 12° 58' 20” West a distance of 72.54 Running feet to thence South a point 81° 57 ' 40" West a distance of 3 6.23 Running feet to thence South a point 69° 09 ’ 30" West a distance of 54.13 Running feet to thence South a point 40° 26' 30" West a distance cf 75.29 Running feet to thence South a point 71 e 11' 40" West a distance of 100.90 Running feet to thence South a point 57° 15' 20" West a distance of 100.39 f< nnni nc i cf *' \ l. 0 thence South a point 79° 22 ' • Ml~ U West a cist- c c v.- — •* C . 8 Running feet to thence South a point 55° 41 ' 30" W 0 S t a distance 0 z ” 7 . E 8 Running feet to thence South a point 55° 57 ' 50" West a distance cf 91.22 Running feet to thence South a point 42° 00 ' 00" West a distance of 100.60 Running feet to thence South a point 59° 08 ' 50" West a distance of 48.26 Running feet to thence South a point 79° 19 ' 00" West a distance of 18.60 Running feet to thence South a point 89° 03 ' 10" West a distance of ^.25 ^ Running thence northwesterly a distance cf 55 feet r.c-re cr less to the westerly side of Saw Mill River Road (Route 9A at a point formed by the westerly side of Sav, Mill River . t w L v j Hoad (Route 9A) and the southerly side of Fairview Park Drive where same intersect at the southerly end of a curve '' •* ? to the south having a radius cf 30 feet -14- Running thence along the westerly side of Saw Mill River Road (Route 9A) a distance of 149.83 feet to a point Running thence along the westerly Road (Route 9A) South 17® 50' 16" feet to a point side of Saw Mill River East a distance of 36.86 Running thence along the westerly Road (Route 9A) South 18° 37’ 50" feet to a point side of Saw Mill River East a distance of 832 . Cf Running thence along the westerly side of Saw Mill River Road (Route 9A) South 13® 28' 30" East a distance of 272.4 feet to a point Running thence along a curve to the right with a radiu 731.0 feet, a central angle of 4® 21' 09" a distance o 55.53 feet to a point Running thence South 81® 00' 20" West a distance of 768.04 feet to a point Pit*, ing thence South 5° 29' 10" Wes* : u j. - . - ■ >c <. cr "4 feet to a point Running thence North 56° 31' 40" West a distance of 576..* feet to a point on the easterly line of lands or one New York and Northern Railroad Company now, or formerly, New York Central Railroad Company (Putnuro Division) (hereinaft* "N.Y.C.RR.P.D.") Running thence along the easterly line of said N.Y.C.RR.P.D. North 5® 50' 50" East a distance of 124.67 feet to a point Running thence along the easterly line of said N.Y.C.RR.P.; on a curve to the left tangent to the previous course and having a radius of 1194.06 feet a distance of 697.31 feet a point Funning thence northerly along one easterly line of sarn N.Y.C.RR.P.D. on a curve to the left having a radius of 1177.56 feet, a central angle of 25® 01' 00" a distance cr 514.15 feet to a point / Running thence North 52® 46' 20" West a distance of 722.CC feet to a point -15- 148 th m Running thence northerly on a curve to the right having a radius of 1399.39 feet, a central angle of 10° 39' 23" a distance of 260.28 feet to a point Running thence North 73s 09' 00" East a distance of 16.44 feet to a point Running thence North 73° 39' 00" East a distance of 1.82 feet to a point Running thence northerly on a curve to the right having a radius'of 1382.89 feet, a central angle of 17° 39' 58" a distance of 426.39 feet Running thence North 24° 46' 20" West a distance of 250.00 feet to a point Running thence northerly on a curve to the left having a radius of 1004.41 feet, a central angle of 22c 33' 15" a distance of 395.38 feet to a point Running thence North 47° 19' ?r West a distance c: _-0. C feet to a point Running thence North 57c 46' 20" West a distance c: ou4.2 feet to a point Running thence continuing along the northerly and easterly lines of "N.Y.C.RR.P.D." as it winds along the southerly line of lands now or formerly of the County of Westchester to a point located at the southeasterly corner of lands shown on a certain map entitled "Westchester Lighting Co. County of Westchester," said map filed in the Office of th Clerk"of Westchester County, Division of Land Records, on 1-5-1943 as Map No. 5673; being approximately a distance c 197 feet Running thence still along said northerly and easterly lin of said "N.Y.C.RR.P.D.," North 75e 32' 55" West 763.94 fee to a point Running thence in a northwesterly direction, along a cvr\ to the right having a radius of 621.78 feet, an ir.tencr angle of 62° 24' 40", a distance of 677.29 feet to a point Running thence still along said "N.Y.C.RR.P.D.," North lrc 08’ 15" West 933.97 feet to a point , >- J ■ > c r ■ y C - Running thence still along said railroadmen a curve to tr.e riaht in a generally northeasterly direction, ^said curve having an interior angle of 69° 57' 15", a .radius o_ 7d ..oi feet and a distance of 920.97 feet to a point Running thence still along said railroad North 56s 49' East 351.24 feet to a point Running thence still along said railraod, in a generally_ northerly direction, on a curve to the left, haying a racit of 811.78 feet, an interior angle of 2* 3 d 46 , a dis.a..c of 305.98 feet to a point Running thence still along said railroad, North 35° 13’ j.4 £a«t 752.69 feet to a point on the southwesterly line o^ 0. Saw Mill River Road, as the same is shown on the a.oresaic filed Map No. 5673 C Ru^irna thence continuing on a prolongation of said line tc ' a point in said Old Saw Mill River Road at the^division lu ^ between the Town of Greenbrugh on the South ana the Town c. Mount Pleasant or. the N ■ h ( Running thence along said division line cn_a line 9-cera._ "h parallel with the following 2 courses ana aistances South 48° 26' 56" East 377.83 feet to a point South 48° 56' 36" East 30.22 feet to a point, said^pcir.t being a prolongation of the division line between lanes w- of jlmesButler and/or Emipire City Racing Association, an. !ands N/F Westchester Lighting Co. as shown on tne aforesa Map No. 5673 Thence continuing along said division line between the Tow of Mount Pleasant on th North and the Town of Greenburg.. the South on a line gnerally_parallel to the following jT courses and distances On c curve to the left, in a generally Easterly direction, having a radius of 1946.86 feet, a cent, a . a.cl- n f . 4, 38", a distance of 61.52 feet tc a point Thence continuing along said division in the same manner, South 34° 45' 00" West 45.54 feet to a point South 55° 15' 00" East 102.00 feet to a point North 34° ‘5' 00" East 41.97 feet to a point -17- 150 Thence continuing in an easterly direction, alone a curve ‘ the left, having a radius of 1946.86 feet, a central angle of 2® 23' 15", a distance of 81.125 feet to a point Thence continuing along said Town division line, in the sa: manner, the following 14 courses and distances South 57° 37’ 16” Bast 373.84 feet - South 57° 53’ 10" East 43.33 feet - South 63° 20 • 30" East 64.27 feet : South 68° 16’ 40" East 63.98 feet - South 71® 57’ 20" East 48.14 feet r South 75® 31’ 00" East 167.65 feet . South 75° 03 ’ 30" East 417.19 feet S c uth 71® 5 8 ’ Ol ‘ East 46,04 feet South 70 0 36’ 00 East 53.02 feet ' South 67° 40’ 50" East 36.36 feet South 66° 14 ’ 50" East 71.78 feet South 63° 42 ’ 50" East 155.58 feet > South 63® 47 ’ 50" East 376.04 feet Running thence along a curve to the : a cenerallv southeasterly direction, naviny a wx < central angle of 53° 14’ 00", a distance of 830.73 feet r,: or less, to a point on the aforesaid Town division line, ■ the intersection of Old Saw Mill River Road and Grassland Road (a/k/a Lower Cross Road) Running thence from said point, continuing along the division line between said Towns, in a general..^ direction, all as shown on filed map No. 1879, sheet a point beinc the prolongation of the Westerly line c shown on said map as -Property To b e Acquired By The N*w Y o r k ‘ , ^ s -18- 1 * 1-f W O M l <T > (T» Running thence from said point, continuing along said division line between the Town of Mount Pleasant on the North, and the Town of Greenburgh on the South, in a generally Easterly direction, all as shown on filed Ma No. 1863, sheet 52, to a point and the Easterly bounds lands shown on Map No. 1879, sheet 67, as "Property To Acquired By The City of New York", said easterly line particularly shown on filed Map No. 1863 Continuing along said division line, in a generally southeasterly direction, and generally parallel to the northerly taking lines shown on filed Maps Nos. 19736, 19319, 12821 and 19920, 19993, 19317 and 19484, respectively, to a point where said division line inte the easterly side of Knowllwood Road, at the point or of BEGINNING. -19- 15? ft, U £ ft 89 Civ. 0591 (GLG) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In the Matter of the Application of MYLES GREENBERG and FRANCES M. MULLIGAN, Petitioners, -against- ANTHONY F. VETERAN, et al., Respondents. RULE 3(G) STATEMENT Paul Agresta, Esq. Town of Greenburgh P.O. Box 205 Elmsford, New York 10523 (914) 993-1546 Attorney for Respondents Anthony F. Veteran and Susan Tolchin