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Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 8-20-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 255.
Zoning — See Ch. 300.
This Chapter 105 shall be known as "Annexation of Territory."
Upon the effective date of this chapter, the Village of Delhi shall contain, in addition to the territory already contained within its borders, each of the following described territories:
A. 
Beginning at a point on the southerly bounds of the Delhi-Andes State Highway, said point being marked with a concrete right-of-way marker and being the last mentioned point in a description of Parcel No. 142 of lands acquired from Delaware Academy by New York State and placed on file in the Delaware County Clerk's Office in 1947, and running thence north 36 degrees 47 minutes east 95.3 feet along the bounds of the highway to an iron pin; thence north 27 degrees 30 minutes east 30.7 feet along the bounds of said highway to an iron pin; thence south 51 degrees 32 minutes east 197.8 feet to an iron pin; thence south 27 degrees 30 minutes west 30.7 feet to an iron pin; thence south 36 degrees 47 minutes west 95.3 feet to an iron pin; thence north 51 degrees 32 minutes west 197.8 feet to the point of beginning. The above-described piece of land containing about 1/2 acre, more or less.
B. 
Beginning at an iron pin with cap marked T.F. Leo, P.L.S. set along or near the westerly highway bounds of New York State Route No. 28-SH No. 982. Said iron pin being the northeasterly corner of lands of formerly of Metz (Ref: liber 566 of deeds at page 1097) and the southeasterly corner of lands herein being described. Said point of beginning also being on a course of north 17 degrees 53 minutes 08 seconds east, 44.0 feet measured along the aforementioned highway bounds from a four-inch-by-four-inch concrete monument found.
(1) 
Commencing thence and following along the northerly bounds of said land of Metz north 64 degrees 37 minutes 06 seconds west, 604.50 feet to a point along or near the center line of the West Branch of the Delaware River. Said last mentioned course passes over two three-quarter-inch iron pipes found. One at 525.42 feet from the point of beginning, and another at 41.51 feet from the center line of the West Branch of the Delaware River.
(2) 
Thence following along or near the said center line of the West Branch of the Delaware River the following courses:
(a) 
North 25 degrees 29 minutes 10 seconds east, 55.18 feet to a point;
(b) 
North 18 degrees 32 minutes 53 seconds east, 123. 94 feet to a point;
(c) 
North 03 degrees 16 minutes 59 seconds west, 438.39 feet to a point;
(d) 
North 18 degrees 38 minutes 14 seconds east, 191.30 feet to a point;
(e) 
North 24 degrees 04 minutes 19 seconds east, 253.96 feet to a point;
(f) 
North 26 degrees 42 minutes 17 seconds east, 222.21 feet to a point along the southerly bounds of lands now or formerly of Delaware Academy Central School District (Ref: liber 239 of deeds at page 685).
(3) 
Thence following along the said southerly bounds of said lands of Delaware Academy Central School District the following courses:
(a) 
South 60 degrees 51 minutes 51 seconds east, 35.89 feet to point;
(b) 
South 17 degrees 33 minutes 07 seconds west, 28.33 feet to point;
(c) 
South 44 degrees 55 minutes 36 seconds east, 156.31 feet to point. Said course passes over a one-half-inch iron pin with cap marked "T.F. Leo, P.L.S." at 25.00 feet from its origin;
(d) 
South 31 degrees 56 minutes 37 seconds east, 131.3 7 feet to point;
(e) 
South 18 degrees 49 minutes 15 seconds east, 98.93 feet to point;
(f) 
South 37 degrees 08 minutes 39 seconds east, 160.97 feet to point;
(g) 
South 35 degrees 05 minutes 09 seconds west, 98.76 feet to point;
(h) 
South 54 degrees 41 minutes 31 seconds west, 152.40 feet to point;
(i) 
South 35 degrees 40 minutes 58 seconds west, 116.96 feet to point;
(j) 
South 62 degrees 14 minutes 09 seconds east, 86.64 feet to point marked by a three-quarter-inch iron pipe found at or near the end of a stone wall at the northwesterly corner of other remaining lands now or formerly of Metz (Ref: liber 555 of deeds at page 950);
(4) 
Thence along the said bounds of last mentioned lands of Metz the following two courses:
(a) 
South 23 degrees 06 minutes 13 seconds west, 172.33 feet to a one-half-inch iron pin with cap marked "T.F. Leos, P.L.S.";
(b) 
South 62 degrees 14 minutes 09 seconds east, 310.31 feet to a one-half-inch iron pin with cap marked "T.F. Leo, P.L.S." found along the aforementioned westerly bounds of New York State Route No. 28-S.H. No. 982. Said iron pin of a course of South 17 degrees 53 minutes 08 seconds west, 65.06 feet measured along the aforementioned highway bounds from a one-half-inch iron pin marked, "T.F. Leo, P.L.S." found.
(5) 
Thence along the said westerly bounds of New York State Route No. 28-S.H. No. 982 south 17 degrees 53 minutes 08 seconds west, 399.17 feet to the place of beginning.
(6) 
Containing 12.936 acres of land as shown on a survey map entitled, "Map of Survey showing lands described in liber 719 of deeds at page 74 prepared for Gunther & Marlis Hartung & Buena Vista Motel" dated June 19, 1997, and prepared by Thomas F. Leo L.S., P.C. Said survey map being duly filed in the Delaware County Clerk's office on August 25, 1997, as file map No. 6449.
C. 
Beginning at a one-half-inch iron pin with cap marked "T. F. Leo, P.L.S." along the westerly bounds of New York State Route 28 (S.H. No. 982) at the most northeasterly corner of lands now or formerly of Metz (Ref: liber 555 page 950) and the southeasterly corner of lands now or formerly of the Board of Education of Central School District No. 1 (Delaware Academy, Ref: liber 239 page 685).
(1) 
Commencing thence from said point of beginning and following along or near the aforementioned highway bounds south 26 degrees 15 minutes 09 seconds west 107.70 feet;
(2) 
Thence south 17 degrees 53 minutes 09 seconds west 65.06 feet to a one-half-inch iron pin with cap marked "T.F. Leo P.L.S.";
(3) 
Thence passing through the lands of the aforementioned Metz north 62 degrees 14 minutes 09 seconds west, 310.31 feet to a one-half-inch iron pin and cap marked "T.F. Leo, P.L.S.";
(4) 
Thence north 23 degrees 06 minutes 13 seconds east, 172.33 feet to a three-quarter-inch pipe found at the end of a stone wall along the southwesterly bounds of lands of the aforementioned Board of Central School District No. 1 (Delaware Academy, Ref: liber 239 page 685);
(5) 
Thence following along said southwesterly bounds and following along or near the center line of said stone wall, south 62 degrees 14 minutes 09 seconds east, 310.31 feet to the point of beginning.
(6) 
Containing 0.842 acres of land within the Town of Delhi and 0.370 acres of land within the Village of Delhi totaling 1.212 acres of land as shown on a Final Map of Survey prepared for Hermann and Roswitha Metz by Thomas F. Leo, L.S., P.C. and dated August 21 1989. Filed in the Delaware County Clerk's office as Map No. 4997.
D. 
All that certain plot, place or parcel of land lying and being in the Town of Delhi, County of Delaware and State of New York, and bounded and described as follows, viz: Northerly by lands formerly owned by Edwin B. Sheldon, easterly by the center of the Kingston Turnpike, and lands formerly of said Edwin B. Sheldon, southerly by lands described in a deed from James L. Meeker and wife to Mary Meeker, dated January 23, 1877, and recorded in Delaware County Clerk's Office in Book No. 86 of Deeds, at page 640, and westerly by lands of Samuel Sherwood formerly and the center of the Delaware River, containing 50 acres of land, more or less. There is excepted and reserved the lands conveyed to the County of Delaware by Charles E. Shaw and wife on August 3, 1912, by deed recorded in Liber 167 of Deeds, at page 176, on November 16, 1912.
(1) 
Also excepting and reserving all that tract of land described in corrective deed from Leland Tuttle and Edna E. Tuttle, his wife to Frank Schabloski, dated August 15, 1956, and recorded on September 6, 1956, in the Delaware County Clerk's office in Liber 376 of Deeds at page 235 as follows:
(a) 
All that tract or parcel of land situate in the Town of Delhi, County of Delaware and State of New York, and more particularly described as follows: beginning at a point in the southwesterly boundary of the New York State Highway No. 28 on the line between the lands of Delaware Academy and Central School and the lands hereby conveyed and which point is marked by a New York State concrete right-of-way marker and running thence along the southwesterly boundary of said highway south 36 degrees 55 minutes west 106.7 feet to a New York State right-of-way marker, thence south 29 degrees 19 minutes west 192.4 feet to an iron pin, thence north 49 degrees 51 minutes west 175 feet to an iron pin, thence north 32 degrees 05 minutes east 298.45 feet to an iron pin set 0.6 feet off line adjacent to the stone fence which marks the boundary between the lands hereby conveyed and the lands of Delaware Academy and Central School, thence same along said stone fence south 49 degrees 51 minutes east 175 feet to the place of beginning.
(2) 
Also excepting and reserving all that tract of land described in a corrective deed from Leland Tuttle and Edna E. Tuttle, his wife to Burton F. Clark and Velma J. Clark, his wife, dated August 16, 1956, and recorded the same day in the Delaware County Clerk's office in Liber 375 of Deeds at page 440 as follows:
(a) 
All that tract or parcel of land situate in the Town of Delhi, County of Delaware and State of New York, and more particularly described as follows: Beginning at a point marked by an iron pin set on the Southerly property line of Frank Schabloski and the edge of the New York State right-of-way for New York State Highway No. 28 and running thence along the southerly line of Frank Schabloski north 49 degrees 51 minutes west 175 feet to an iron pin; thence running north 32 degrees 05 minutes east along the westerly bounds of Frank Schabloski 298.45 feet to an iron pin set 0.6 feet off line on the line between the lands of Delaware Academy and Central School and the lands hereby conveyed; thence running north 49 degrees 51 minutes west 130 feet to an iron pin set on the top of the bank overlooking the binnacle; thence running from said iron pin along the same course to the center of the binnacle; thence running in a southwesterly direction down the center line of the binnacle to the center line of the West Branch of the Delaware River; thence down the center line of the West Branch of the Delaware River to a point, said point being north 52 degrees 42 minutes west from an iron pin set on the bank of the river; thence running south 52 degrees 42 minutes east to the said iron pin; thence running south 52 degrees 42 minutes east 37.6 feet to an iron pin; thence south 52 degrees 42 minutes east 526.2 feet to an iron pin set in the edge of the New York State Highway No. 28 right-of-way which iron pin is 44 feet north 29 degrees 19 minutes east of a New York State right-of-way marker; thence running north 29 degrees 19 east along the New York State right-of-way 271.75 feet to the place of beginning.
(3) 
Also excepting and reserving all that tract of land described in a warranty deed from Leland Tuttle and Edna E. Tuttle, his wife, to Leland Tuttle, lnc., dated July 17, 1956, and recorded on July 24, 1956, in the Delaware County Clerk's office in Liber 374 of Deeds at page 496, as follows:
(a) 
All that tract, piece or parcel of land, situate in the Town of Delhi, County of Delaware and State of New York, described as follows, viz:
(b) 
Beginning at a point on the northwesterly bounds of Delhi-Andes State Road, said point being marked by an iron pin driven in the ground 33 feet northwesterly from the center line of the pavement and running thence south 69 degrees 54 minutes west 43.15 feet to an iron pin; thence north 51 degrees 38 minutes west 20.65 feet to an iron pin; thence north 20 degrees 21 minutes east 54.75 feet to an iron pin; thence north 54 degrees 22 minutes west 70.85 feet to an iron pin; thence north 87 degrees 51 minutes west 111.80 feet to an iron pin; thence south 53 degrees 21 minutes west 63.85 feet to an iron pin set in the line of an old stone wall; thence along said stone wall north 49 degrees 05 minutes west 228.64 feet to a point located south 49 degrees 05 minutes east 21 links from an iron pin driven in the ground at the point where the stone wall meets the top of the bank of the southerly side of the West Branch of the Delaware River; thence southerly at a distance of 21 links from the top of the bank that runs along the "Binnekill" running southerly from the river; to a point in a stone wall, said point being south 38 degrees 56 minutes east 21 links from an iron pin driven in the ground at the top of the bank; thence south 38 degrees 56 minutes east 79.34 feet to an iron pin set at the intersection of the line of the stone wall with the northerly bounds of the New York State right-of-way of the road leading from the State Road to Sherwoods Bridge, said pin being north 53 degrees 16 minutes east 20.2 feet from a concrete post marking the bounds of the right of way; thence north 53 degrees 16 minutes east 148.2 feet to a concrete right-of-way marker; thence south 89 degrees 04 minutes east 154.75 feet to a concrete right-of-way marker; thence easterly and northeasterly along the northwesterly bounds of the State Highway to the point of beginning.
(c) 
Being the remaining portion of lands conveyed by Hentry E. Little to Leland Tuttle and Edna E. Tuttle, his wife, as tenants by the entirety, by warranty deed dated April 5, 1949, and recorded the same day in the Delaware County Clerk's office in Liber 286 of Deeds at page 402.
(d) 
Leland Tuttle died on November 10, 1972.
(e) 
Edna E. Tuttle, grantor herein, is surviving tenant by the entirety.
(f) 
The premises conveyed by this deed are identified on the Tax Map of the Town of Delhi as being an 8.7-acre parcel of land.
(4) 
Being a portion of the same premises by Edna E. Tuttle to Hermann K. Metz and Roswitha Metz by deed dated October 1, 1976, and recorded October 1, 1976, in Liber 566 of Deeds at Page 1097.
(5) 
Excepting and reserving the following described parcel conveyed by Hermann K. Metz and Roswitha Metz to John Lande and Elaine V. Lande by deed dated July 28, 1977, and recorded July 28, 1977, in Liber 574 of Deeds at Page 116:
(a) 
All that tract or parcel of land situate in Lot 7 of the Morgan Lewis Tract, Great Lot 39, Hardenburgh Patent, in the Town of Delhi, Delaware County, New York State and being more particularly described as follows:
(b) 
Beginning at a one-half-inch rebar tagged Bartschi, LS. 45867, said rebar being on the northwesterly side of New York State Route 28, south 33 degrees 41 minutes 20 seconds west 145.93 feet from a concrete monument No. 22 per Mapping of the Village Limits by Leon Kalmus, LS. 36695; then south 29 degrees 27 minutes 21 seconds west along the west side of said New York State Route 28, 77.80 feet to a one-half-inch rebar tagged as above and being the point of beginning in a Deed to Area Industries Incorporated recorded in the Delaware County Clerk's office in Liber 557 at Page 1035; then south 58 degrees 16 minutes 13 seconds west 43.15 feet to a one-inch iron pipe; then north 63 degrees 18 minutes 50 seconds west 20.49 feet to a three-quarter-inch iron pipe; then north 09 degrees 00 minutes 54 seconds east 55.13 feet to a three-quarter-inch iron pipe; then north 66 degrees 13 minutes 22 seconds west 71.47 feet to a three-quarter-inch iron pipe; then south 80 degrees 20 minutes 46 seconds west 111.26 feet to a three-quarter-inch iron pipe; then south 41 38 minutes 47 seconds west 63.80 feet to a three-quarter-inch iron pipe; then north 60 degrees 42 minutes 14 seconds west partly along the remains of a stone wall 241.90 feet to a three-quarter-inch iron pipe; then north 60 degrees 42 minutes 14 seconds west 41± feet to the West Branch of the Delaware River; then northerly along the West Branch of the Delaware River 565± feet to a point; then south 64 degrees 32 minutes 30 seconds east 69± feet to a one-half-inch rebar tagged as above, said rebar being north 20 degrees 00 minutes 39 seconds east 555.56 feet from the last mentioned three-quarter-inch iron pipe; then south 64 degrees 32 minutes 30 seconds east 508.51 feet to a one-half-inch rebar tagged as above; then south 20 degrees 51 minutes 09 seconds west along the west bounds of Parcel 144 of the People of the State of New York 382.56 feet to the place of beginning.
(c) 
Containing 6.4 ± acres of land.
E. 
Beginning at a point on the east side of New York State Highway Route 28, which said point is distant 30.70 feet on a course north 27 degrees 30 minutes east from New York State right-of-way marker on the eastside of said highway; thence 51 degrees 32 minutes east along the division line between the lands herein conveyed and Burton F. and Velma Clark on the southwest 197.8 feet ± to a point, which point is distant 30.70 feet on a course north 27 degrees 30 minutes east from an iron pin; thence north 27 degrees 30 minutes east through two iron pins 148.15 feet to a point, which said point is distant 124 feet on a course south 27 degrees 30 minutes west from an iron pin; thence northwesterly along the division line between the lands of McDowell on the north east and the lands herein conveyed on the southwest approximately 197 feet, ± to a point on the easterly bounds of said highway, which point is distant 140 feet on a course south 27 degrees 30 minutes west from an iron pin on the easterly side of said highway; thence south 27 degrees 30 minutes west 132.15 feet to the point or place of beginning and containing within said bounds approximately 6/10 of an acre of land, be the same more or less. The courses set forth herein are as the needle pointed October 1955.
F. 
Beginning at a one-half-inch rebar tagged Bartschi. LS. 45867, said rebar being on the northwesterly side of New York State Route 28, south 33 degrees 41 minutes 20 seconds west 145.93 feet from a concrete monument No. 22 per Mapping of the Village Limits by Leon Kalmus, LS. 36695; then south 29 degrees 27 minutes 21 seconds west along the west side of said New York State Route 28, 77.80 feet to a one-half-inch rebar tagged as above and being the point of beginning in a Deed to Area Industries Incorporated recorded in the Delaware County Clerk's Office in Liber 557 at Page 1035; then south 58 degrees 16 minutes 13 seconds west 43.15 feet to a one-inch iron pipe; then north 63 degrees 18 minutes 50 seconds west 20.49 feet to a three-quarter-inch iron pipe; then north 09 degrees 00 minutes 54 seconds east 55.13 feet to a three-quarter-inch iron pipe; then north 66 degrees 13 seconds 22 seconds west 71.47 feet to a three-quarter-inch iron pipe; then south 80 degrees 20 minutes 46 seconds west 111.26 feet to a three-quarter-inch iron pipe; then south 41 degrees 38 minutes 47 seconds west 63.80 feet to a three-quarter-inch iron pipe; then north 60 degrees 42 seconds 14 seconds west partly along the remains of a stone wall 241.90 feet to a three-quarter-inch iron pipe; then north 60 degrees 42 minutes 14 seconds west 41 ± feet to the West Branch of the Delaware River; then northerly along the West Branch of the Delaware River 565 ± feet to a point; then south 64 degrees 32 minutes 30 seconds east 69 ± feet to a one-half-inch rebar tagged as above, said rebar being north 20 degrees 00 minutes 39 seconds east 555.56 feet from the last mentioned three-quarter-inch iron pipe; then south 64 degrees 32 minutes 30 seconds east 508.51 feet to a one-half-inch rebar tagged as above; then south 20 degrees 51 minutes 09 seconds west along the west bounds of Parcel 144 of the People of the State of New York 382.56 feet to the place of beginning.
(1) 
Containing 6.4 ± acres of land.
G. 
Beginning at a one-inch iron rod found, said iron rod being on the southeasterly bounds of New York State Route No. 28 (reference New York State Taking Map for S.H. 982. Map 56, Parcel 142) and said iron rod is also a corner of Lands of Delaware Academy and Central School, District No. 1 (reference Liber 239 at Page 685) and said iron rod is also south 29 degrees43 minutes 54 seconds west 49.58 feet along the bounds of New York State Route No. 28 from a concrete highway right-of-way monument and runs thence from said point of beginning and along the bounds of the said Delaware Academy and Central School, District No. 1 South 49 degrees24 minutes 28 seconds east 197.47 feet to a one-half-inch pipe found, said pipe being the easterly corner of the lands herein described, and said pipe is also a corner of lands of the aforementioned Delaware Academy and Central School, District No. 1; thence continuing along the bounds of said Delaware Academy and Central School, District No. 1 south 29 degrees 32 minutes 23 seconds west 124.00 feet to a point, said point being the southerly corner of lands herein described and said point is also a corner of lands of J. Kelsey (reference Liber 708 at Page 824); thence along the northeasterly bounds of said Kelsey north 54 degrees 01 minutes 01 seconds west 195.51 feet to a five-eighths-inch iron rod found, said iron rod being the northerly corner of lands of said Kelsey and said iron rod being on the southeasterly bounds of the aforesaid New York State Route No. 28; thence along the bounds of said New York State Route No. 28 north 29 degrees 43 minutes 54 seconds east 139.92 feet to the point and place of beginning.
(1) 
Containing 0.59 acres of land.
H. 
Such portions of following described territory as were not situated in the Village prior to the enactment of this chapter:
(1) 
Beginning at a point along Delaware County Route 18 at a concrete monument marking the Delhi Village limits on the northwesterly side of said Route 18 and on the line of Burton Clark, and the lands of first parties hereto; thence in a straight line in a westerly direction a distance of 725 feet more or less to the easterly bank of the Delaware River; thence along the easterly bank of the Delaware River as it winds and turns a distance of 1,123 feet, more or less to an iron pin driven in the ground; thence in an easterly direction and in a straight line along the lands of Aikens a distance of 394 feet more or less to the said Delaware County Route 18; thence along said highway in a southerly direction a distance of 590 feet, more or less, to the point of beginning, containing approximately 13.8 acres of land more or less.
I. 
Such portions of following described territory as were not situated in the Village prior to the enactment of this chapter:
(1) 
Beginning in the center line of Delaware County Route 18 at the intersection of the division line between the lands now or formerly of Patricia A. Gumo (ref. Liber 1126 page 225), reputed owner on the north and the lands being described on the South; said point being south 66 degrees 14 minutes 15 seconds east 34.72 feet measured along said division line from a point marked by a one-half-inch rebar found in place.
(2) 
Thence southerly along said center line along the arc of a curve to the left having a radius of 781.67 feet for a length of 172.33 feet to a point of tangency; said curve's chord is south 03 degrees 48 minutes 40 seconds west. 293.31 feet to a point of curvature marked by a five-eighths-inch rebar with cap marked "Wakin" set this survey; said course passes over a five-eighths-inch rebar with cap marked "Wakin" set this survey 266.28 feet from the last mentioned point; thence (2) along the arc of a tangent curve to the right having a radius of 200.00 feet for a length of 442.03 feet to a point of tangency marked by a five-eighths-inch rebar cap marked "Wakin" set this survey; said curve's chord is north 49 degrees 05 minutes 42 seconds west, 357.40 feet; thence (3) north 14 degrees 13 minutes 16 seconds east, 271.69 feet to its intersection with the division line between the lands now or formerly of said Patricia A. Gumo, reputed owner on the north and the lands being described on the south: said point being marked by a five-eighths-inch rebar with cap marked "Wakin" set this survey; thence easterly along said division line south 66 degrees 14 minutes 15 seconds east 530.98 feet to the point of beginning; said course passes over a one-half-inch rebar found in place 484.80 feet from the last mentioned point; said course also passes over a one-half-inch rebar found in place 34.72 feet from the point of beginning: being 4.42 acres of land more or less.
The territory described in § 105-2 above is hereby annexed to the Village of Delhi pursuant to Article 17 of the General Municipal Law.
The annexation of the territory described in this chapter shall become effective upon filing with the Secretary of State.