The Jersey City news., 1906-07-06
The JERSEY CITY NEWS. FRIDAY. July s 1905

Board of Street and Water Commis
| sioIers by Thomas Maloney for the va
cation of Larch avenue, between Dye
street and Van Winkle Avenue former
1 II Cherry lane), and fer the vacation OF
| Van Winkle avenue formerly Cherry
lane), from Senate Place formerly Rich
ard street) to the right OF way Of the
Paterson ahd Hudson River Railroad Go.
And whereas the notice of hearing
upon the application to yacate the sala
streets has been duly advertised, and
| the Board of Street and Water Commits
sioners has heard all parties desiring a
hearing there on;
And whereas this Board has considr
cred each and all the objections pre-
Esented and has adjudicated upon the
same, and has determined that neither
| all nor any of them is sufficient;
And whereas the said Thomas Malo-
ney has presented to the Board of
| Street and Water Commissioners
proposition and offer addressed to the
proper city authorities, reading as fol-
| lows
| ITO His Honor. Mark M. Pagan, May
or. and the Honora bic Board Of Street
and Water Commissioners.
Gentlemen:-Concerning my appilea-
| cation for the vacation of Van Wrinkle
avenue, formerly known as Cherry lane.
| between Senate Place and the right OF
| way of the Paterson and Hudson River
4 AedAlAOdA SOnRdAys <tuu DttlSl hlOnh d2
the Erie Railroad Company, and OF
Larch avenue between Dey and Van
| Wrinkle streets, within the boundaries of
the property described in my petition
heretofore filed by me for such vacation,
and in order that my proposition may
be definite, as to what | will DO in con-
| sideraton of such vacation of Van VIM
kle avenue and Larch avenue, as prayed
for by me- / undertake and agree at my
own cost and expense, and without cost
or expense to the city, to
]. Extend. grade, pave flag and curb
| Senate Place from the southwesterly
line of Van Winkle avenue as it now ex-
hundred and seventy-three feet, and to
a width of sixty feer for its entire
| length thus extended, and dedicate the
same to the city.
2. l will pay the increase of cost, If
any, to the city, necessarily incurred by
it in the construction of the proposed
sewer through Van Wrinkle avenue, as
shown on the present city plans for such
sewer, and caused by the change of the
route of the sewer as indicated on the
map presented herewith, and arranged
with the contractor for such change.
The increased cost, if any, caused by
the change of the route of said sewer, to
be ascertainedsby the Chief Engineer of
Jersey City, in conjunction with an en-
gineer to be designated by myself DUR
ing the course of such work, or in such
| other manner as may be mutually agreed
upon between the proper authorities of
the city and myself or my assigns.
l will make no objection to the exten-
| sion of either Seaman avenue southerly
to Dey street or Senate Place norrneriy
to st. Pauls avenue, and will, If such
extension is made, pay such assessment
as may be legally assessed against my
/ property.
All Of which is respectfully submit
| ted.
Yours truly,
| May %, 106.
And whereas the vacation of the
streets applied for and proposed by such
offer will promote the interests of the
city in the Judgment of this Board;
Resolved, That the said proposition
and offer be and they are hereby accept
ed by the Mayor and Aldermen of Jer-
sey City;
Resolved. That the following streets
shall forthwith be vacated,-all the own
ers of all the lands abutting on said
streets ON both sides, so far as the same
are to be vacated, petitioning for such
| vacation, n,-namely: Larch avenue, from
the westerly line or side of Dye street to
Van Winkle avenue formerly Cherry
lane) and Van Winkle avenue formerly
Cherry lane) from the noPtherly side or
lluo Oh IoeHdtc pIdCO \lOlIcLly 1lltAoido
place. to the right of way of the Pater-
son and Hudson River Railroad Com
pany as laid out and defined upon Fow-
ler's official assessment map of Jersey
City and as laid out and defined on the
map OF diagram accompanying the ap-
plication for vacation and on the map or
liagram accompanying the proposition Of
the said Thomas Maloney,> nereinbefore
referred to.
Resolved, That the obligations created
by the foregoing offer and resolution
shall take effect on the acceptance by
the said Thomas Maloney of the follow
ing terms, to be signfied by his filing with
the Clerk of the Board of Street and
Water Commissioners his written accept
4 ance thereof, under his seal:-
A. The said Thomas Maloney shall i'm
mediately proceed to extend, grade, pave,
flag and curb Senate place, from the
southwesterly line of Van Winkle ave
nue. as it now exists and for a distance
of about one hundred and seventy-three
173) feet to the line of Newark avenue,
and to a width of sixty (60) feet for its
entire length thus extended and dedicate
the same to the city.
B. The said Thomas Maloney will pay
the increase of cost, if any, to the, city,
necessarily incurred by it in the construc-
tion of the proposed sewer through Van
Il Winkle avenue as shown on the present
city plans for such sewer and caused by
the change of the route Of the sewer, as
indicated on the map presented by the
said Thomas Maloney with his proposit-
ion hereinbefore referred to, and shall
arrange with the contractor for such
change
The increased cost, if any, caused by
the change of the route of said sewer, to
be ascertained by the Chief Engineer of
jersey City, or in such other manner as
may be mutually agreed upon between
the said Thomas Maloney and the Board
of Street and Water Commissioners.
G. That the said Thomas MaIoney will
Immediately after the completion of the
sewer referred to, cause to be delivered
to the Mayor and Aldermen of Jersey
City, an instrument in writing, in such
form as shall be approved by the Corpor-
alton Counsel of Jersey City, granting
to the Mayor and Aldermen Of Jersey
City an easement in the premises owned
by him and abutting to the westerly
that portion of Van Winkle avenue here
by vacated, for the protection of the sew
er so constructed and granting to the
Mayor and Aldermen of Jersey City
right of access to said sewer for the pur-
pose of cleaning repairing rebuilding. re-
constructing and maintaining the same
and eovenanting not to use said premises
in any way or manner, interfering with
the free use of said sewer, or tending to
the injury or destruction thereof.
D. The said Thomas Maloney. his