The Jersey City news., 1906-07-05

| street and Van WinkIe avenue Gormer.
/ " Cherry Iane), and for the vacation Of
1 Van Wrinkle avenue (fofinelly Cherry
lane), from Senate Place formerly Rich
/ ard street, to fhe rightaof WAY Of the
| Paterson and Hudson River Railroad 90.
And whereas tie notice Of d hearing
upon the application to yacate the salu
streets has been duly advertiseds and
the Board of Street aud Water Cominis-
/ sioners has heard all parties desiring
/ hearing there on;
And whereas this Board has consid-
cred each and all the objections pre-
sented 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-
| iOws:--
ITO His Honor, Mark NJ Fagan, May
or. and the Honorable Board OF Street
and Water Commissioners.
Gentlemen:-Concerning my applica-
avenue. formerly known as Cherry lane.
| between Senate Place and the right of
way of the Paterson and Hudson River
! Railroad Company, and better known as
the Erie Railroad Company, and OF
Larch avenue between Dey and Van
]
the property described in my petition
heretofore filed by me6for such vacation,
and in order that my proposition may
be definite, as to what / will do i'll con-
sideration of such vacation of Van VIM
kle avenue and Ialch 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 Wrinkle avenue as it now ex-
lists, and for a distance of about one
a width of sixty feer for its entire
length thus extended, and dedicate the
same to the city.
/ 2. / will pay the increase of cost, il
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 aseertained by the Chief Engineer OF
Jersey City, in conjunction with an en-
gineers 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. IL
/ will make no objection do athe e1ten-
| sion of either Seaman avenue southerly
] to Dey street or Senate Place northerly
/ to st. Paul's avenue and Will III ssach
extension is made, pay such assessment
as may be legally assessed against my
property. s 3.f..1d s.
ted. .vls9 srsL nl s1Sus.
! TH0MAS. IaiMAIONEY.
And And W Whereas eUe the i vacation of the
streets applied for and proposed by such
offer will promote the interests af THE.
city in the Judgment of this Roard;s1 I
Resolved, That the said proposition
and offer be and they are. hereby Accept
| ed by the Mayor and Aldermen of Jer-
Resolved, That the following streets
shall forthwith besyacat ted,-all the own
ers of all the lands abutting on said
| streets ON both sides, SO far as the same
vacation,-namely Larch avenue, from
the westerly line or side of Dye street to
| Van Wrinkle avenue formerly Cherry
lane) and Van Winkle avenue formerly
| Cherry lane) from the northerly side or
| line of Senate place formerly Richards
place. to the right Of way OF the Peter
| son and Hudson River Railroad Conn
pany, as laid out and defined upon Fow-
lers official assessment map of Jersey
! City and as laid out and defined on the
map or diagram accompanying the ap-
| plication for vacation and on the map or
liagram accompanying the proposition of
the said Thomas Matoney, nerelnbefore
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 signifed by his filing with
the Clerk of the, Board Of aStpeet aand
| Water Commissioners bis written, accept
| ance thereof under his .seal;7T
A. The said Thomas MaleneH shall i'm
mediately proceed to extend grade, pave,
| flag and curb Senate place, from the
southwesterly line of VaHd,Winlzle ave
nue. as it now exists and for a. distance
| of about one hundred and seventy three
! (l13) feet to the line of Newark avenue,
and to a width of sixty (60l 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, il any, to the city,
necessarily incurred by it in the construc-
tion 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 by the
said Thomas Maloney with his proposit-
/ ION hefelnDefore 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 Maloney 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 aud 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 covenanting not to use said premises
in any way or manner, interfering with
the free use of said sewer, or tending to
the injnry or destruction thereof.
ID. The said Thomas Maloney, his
heirs, executors, administrators and as
signs, shall make no objection to the ex-
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