Historic Pelham Blog Archive
January 23, 2008

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In 1901, a notice of a foreclosure sale of the properties of the New York & Westchester Water Company appeared in New York City newspapers on a number of occasions. A number of the properties involved were located in Pelham. I have been researching the incidents that led up to this notice and what transpired thereafter. I will provide a series of posts detailing some of the background. Today's post transcribes the notice.

"SUPREME COURT, COUNTY OF WESTCHESTER. - CENTRAL TRUST COMPANY OF NEW YORK, PLAINTIFF, against NEW YORK & WESTCHESTER WATER COMPANY, and others, Defendants. In pursuance to a judgment of foreclosure and sale herein, bearing date the 29th day of April, 1901, and filed in the office of the Clerk of the County of Westchester, on the 2d day of May, 1901, the undersigned Referee in said judgment named will sell at public auction at White Plains, at the front door of the County Court House of the County of Westchester, and State of New York, on the 17th day of June 1901, at 12 o'clock noon, the premises directed in said judgment to be sold, which said premises are described as follows: All the lands, tenements, buildings, fixtures, machinery, tools, implements, fuel, materials and property both real and personal now owned, connected with or used in the operating of said water works or appurtenances thereto, and also all the mains and structures and all the rights, credits, income, profits and franchises of the New York & Westchester Water Company constructed and operated and all the rights, privileges and appurtenances thereunto belonging. The following property is included in the above general mortgage description, but for greater certainty a more specific description thereof is hereunto annexed: All the right, title and interest of the New York & Westchester Water Company in and to all those two certain lots, pieces or parcels of land, situated,lying and being in the town of Pelham, County of Westchester and State of New York and known on a certain map entitled 'Lands of F. A. R. Marquand, near Pelhamville, N. Y.,' made by R. W. Burrows, C. E., December 28, 1888, and filed in the office of the Register of Westchester County as lots number 9 and 10 and bounded and described as follows: Northeasterly in front by the extension of Third Street as laid down on said map: southeasterly on one side by lot number 8; southwesterly by part of lot number 31 and the centre line of Hutchinson Creek and westerly and northwesterly by the centre line of said Hutchinson Creek as laid down on said map, being the same premises on which the pump house, etc., is now situated. Together with the appurtenances and all the estate and rights of the grantors in and to said premises. All the right, title and interest of the New York & Westchester Water Company in and to all that lot, piece or parcels of land in the town of Pelham, Westchester County, New York, viz: On Sparks Avenue or street and beginning at a point formed by the intersection of said Sparks street or avenue and the centre of Hutchinson's River, thence northerly through the centre of said river 100 feet; thence easterly 50 feet; thence southerly 100 feet; thence westerly 50 feet to the point or place of beginning. Together with the appurtenances and all the estate and rights of the grantors in and to said premises. All the right, title and interest of the New York & Westchester Water Company in and to that certain tract or parcel of land situate, lying and being in the town of East Chester, in the County of Westchester and State of New York, bounded and described as follows, to wit: Beginning at a point in the centre of the Hutchinson Creek adjoining the lands formerly of A. Beebe (now of said Edward F. Brush), thence westerly along the northerly boundary line of said land formerly of A. Bebe to a point nine hundred (900) fee easterly from the easterly side of a road known as the California Road and running from thence through the lands of said Edward F. Brush (formerly Minott Mitchell) the following courses and distances: Norther 22° 40', east 350 feet, north 88° 07', west 470 feet, north 4° 45', west 515 feet, north 41° 35', west 179 feet to a post at the end of a stone wall; thence again through the lands of said Edward F. Brush (formerly Minott Mitchell) the following courses and distances, to wit: South 48° 28', east 700 feet, north 22° 40' east to a point (where a line drawn easterly and at right angles therefrom to the centre of Hutchinson Creek, and thence following the course of said Hutchinson Creek, and thence following the course of said Hutchinson Creek southwesterly as the same winds and runs to the point and place of beginning would comprise in the whole tract hereby intended to be conveyed 16 acres; thence easterly from said last mentioned point at right angles with said last mentioned course to said Hutchinson Creek, and thence southwesterly along the centre of said Creek as the same winds and runs to the point or place of beginning, containing within said boundaries sixteen (16) acres of land. Being a portion of the premises conveyted to said Edward F. Brush by Juliet D. Frost by deed dated January 8, 1889, and recorded February 6, 1889, in Liber 1157 of Deeds, page 89, together with the appurtenances and all the estate and rights of the grantor in and to said premises. Also all the pipe lines of the New York & Westchester Water Company, which generally described are as follows: They start near the intersection of Pelhamville Street and Willow Street, in Pelhamville, close to the New Rochelle line, and run thence through Fifth Avenue, or Wolf's Lane, in a southerly direction to the Pump House on Third Street, with various branches in the Village of Pelhamville, all connecting with the main line; they continue south from the pumping station at Third Street, along Wolf's Lane to the Old Boston Post Road, at which the line branches one branch running in a generally southerly direction to the Boston Road and the other in an easterly direction along the Old Boston Post Road to Pelhamdale Avenue, thence southerly to the Boston Road, together with various branches in the Village of Pelham Manor thence in a southwesterly direction on the Boston Road to its intersection with the pipe line of the Upper New York City Water Company. A line commences at the intersection of Highland Avenue and the Old Post Road and runs southerly along Highland Avenue; thence westerly through Jackson or Hudson Avenue, to the Pelham Road, and thence in a generally southerly direction through or near the Pelham Road to the Throgg's Neck Road. A line branching from that above described commences at Bartow and runs generally in a southeasterly direction through Rodman's Neck, to City Island and thence to Hart's Island. Various branches connect with this line on Hart's Island, City Island, Rodman's Neck, and in and about Bartow. A line commences at the intersection of Pelham Road and Eastern Boulevard, runs in a generally southerly and then southwesterly direction on Eastern Boulevard through Schuylerville to Unionport. A branch commences at the intersection of Pelham Road with Middletown Road, runs along said last mentioned road in a generally easterly direction and supplies numerous private residences and the Westchester Country Club. A line commences at the intersection of the Pelham Road with the Throgg's Neck Road, runs in a generally southeasterly direction to Fort Schuyler and supplies various private properties and contains numerous branches supplying certain adjacent settlements. A line branches from the Eastern Boulevard southerly on Ferris Avenue and certain branches therefrom supplying adjacent residences. A line commences at the intersection of Pelham Road and Throgg's Neck Road and runs generally in a westerly direction under Westchester Creek into the Village of West Chester, together with the various branches connecting therewith in the streets, avenues of said village. A line runs from West Chester northwesterly along the Williamsburg Road to the Village of Williamsbridge, with the branches connecting therewith in the various streets and avenues of Williamsbridge, and continues along the White Plains Road through the villages of Wakefield and South Mount Vernon, with branches through the various streets and avenues of said villages. A branch runs through 19th Avenue to the intersection of said avenue with the Kingsbridge Road, where it intersects pipe of the Upper New York City Company. The line continues along the White Plains Road and crosses the tracks of the New York, New Haven and Hartford and the New York Central railroads to the Glen Park Pump House. Returning along Williamsbridge Avenue there are three lines into the Morris Park Race Track and the adjacent property, and a large number of lines situated within the park enclosure. A line commences in the Village of West Chester, runs in a generally southwesterly direction along the Westchester Road through Unionsport and the McGraw and Mapes estates, with lines branching therefrom and connecting with the villages of Van Nest and Park Versailles, with various branches in the streets and avenues of said villages of Unionport, Van Nest and Park Versailles. A line commences at the intersection of the Unionport Road with the Westchester Road, runs along said last mentioned road northwesterly to the Catholic Protectory and thence over the track of the New York, New Haven and Hartford R. R. Co. at Van Nest Station along the Unionport Road to a fire hydrant distant about 500 feet from Morris Park Avenue. The Water Company also owns all pipe situated in Van Nest Park. There are numerous fire hydrants, gates and gateboxes connected with the lines of pipe above described, all of which are also owned by the Company. No bid will be accepted by the Referee herein at said sale from any bidder who shall not deposit at or prior to the time of the sale the sum of $10,000 in cash or certified check upon a National bank of the City of New York to the order of the Referee; such deposit of cash or check shall be returned to the bidder if his bid be not accepted. In addition to the payment at the time of making the bid such further portions of the purchase price shall be paid in cash as the court may by its orders direct. Any further amounts to be paid on the purchase price of the property may be paid in cash or in bonds and coupons belonging thereto and secured by the mortgage set forth in the complaint; such bonds and coupons will be received at such price or value as shall be equivalent to the distributive amount that the holders thereof would be entitled to receive thereon in case the entire amount of the bid shall be paid in cash. The property will be sold subject to all taxes and assessments which are at the time of said sale liens upon the same, except and only as far as the court may hereafter direct the payment of such liens out of the proceeds of sale. The purchaser or purchasers at such sale shall not be required to assume or adopt any contracts or agreements of the defendant Water Company, but shall have the right to elect whether or not to assume or adopt the same or any thereof within six months after the completion of the sale. The amount of the lien or charge to satisfy which the above described property is to be sold is $690,785, with interest thereon from April 22, 1901, together with the costs and allowances of this action and the expenses of the sale. For a further and more particular description of the premises so to be sold and conditions of said sale, reference is hereby made to said decree of foreclosure and sale on file in the office of the County Clerk of Westchester County, at White Plains, New York, and to the original mortgage foreclosed.

Dated May 25, 1901.

ALBERT H. F. SEEGER. Referee.
BUTLER, NOTMAN, JOLINE & MYNDERSE, Attorneys for Plaintiff, 54 Wall Street, New York City."

Source: Foreclosure Sales. Supreme Court, County of Westchester. - Central Trust Compnay of New York, Plaintiff, against New York & Westchester Water Company, and Others, Defendants, New-York Tribune, Jun. 14, 1901, p. 8, col. 6.

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posted by Blake A. Bell @ 4:28 AM Comment

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