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HomeMy WebLinkAbout032646-0011 0 BUYOUCOSS BARNEY ATtORNM At LAW &"NW MNK /IAICNq R.O. WK M N11ACA NEW rO1Nf 14M 1 ow 574 PAGE 35 A( %W THIS AGREEMENT made this 'O day of ,•1979 between EASTWOOD COMMONS DEVELOPMENT COMPANY (the "Company") and the TOWN OF ITHACA (the "Town"). WITNESSETH: a WHEREAS, the Company has requested the Town to accept a for Town highway purposes, by which the Company will ev to the Town the road described on Schedule A annexed eretor and WHEREAS, such road has not yet been completed to the 'own's specifications; and WHEREAS, the Town is willing to accept a conveyance of ;aid roads although they have not'as yet been completed provided, iowever, that the Company complies with certain conditio nsr and WHEREAS, the Town and the Company have previously entered Into an agreement dated August 28, 1974, recorded in the Tompkins County Clerk's office in Book 531 of Deeds at page L99 relating to prior road conveyances. NOW, THEREFORE, in order to induce the said Town to accept the titles to said lands for highway purposes and in consideration of the premises and the mdtual agreements hereinaftq forth, it is agreed as follows: 1. The Town hereby accepts a conveyance of said roads. 2. The Company agrees to complete said roads in the same er as required by the roads governed by the aforesaid im 574 ?Act 36 -2- agreement of August 28, 1974. Such roads must be completed 'T"nt 1, 0g0� not later than Nevembew-i, 14", 3. All of the other covenants and agreements contained in said agreement of August 28, 1974 are incorporated herein and made applicable to the road being conveyed by this agreement as if fully set forth therein except that the Company will post as partial security the sum of $1,000.00 in a form satis- factory to the Town instoad of $6,000.00 as not forth in paragraph 8 of said agreement, and except that the abstract of title delivered to the Town shall be the same abstract previously delivered under said August 28th agreement updated to show the conveyance of the road governed by this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties as of the day and year first above written, EASTWOOD COMMONS DEVELOPMENT COMPANY By TOWN GOOF ITHACA / By: /0�1_e Supervisor suvoucos s sARNP ATTORNm AT uW MV1N" BANK �U11W11i P.O. Box M ffMACA NOW YORK INN 1 1 I] 1 0 1 0 1 FORM 553X N. Y. DUD—WARRANTY 111 wllade the AYneteert Hundred and 1 "1101-e dap of Seventy-nine TUTHtAM7( wa6�atatl0 u f Mip..�t• 10IN! &W Ain, PUbk3Mrt AW&1dN i.w 574 PACE 32 Between EASTWOOD COMMONS DEVELOPMENT COMPANY of 100 Fairview Square, Ithaca, New York, part y of the first part, and TOWN OF ITHACA, a municipal corporation, with its principal office at 126 East Seneca Street, Ithaca, New York, 14850, part y of the second part, Witnesseth that the party of the first part, in consideration of Dne and 00/100------------------------------------- Dollar ($1.00----) lawful money of the United States, and other good and valuable consideration paid by the part y of the second part, do es hereby *rant and release. pato the part y of the second part, and assions forever, all THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being more particularly described as follows: COMMENCING at the southeasterly or most easterly corner of the premises conveyed by the grantor to the grantee by deed dated April 11, 1979 and recorded April 12 , 1979 in the Tompkins County Clerk's Dffice in Liber 570 of Deeds at page 163 which point.of beginning is located north 67 degrees 9 minutes 45 seconds east 200.35 feet from the intersection of the most southerly line of Strawberry Hill Road and the easterly line of Wildflower Drive; running thence north 33 degrees 15 minutes 47 seconds east 51.51 feet to a point; running thence north 18 degrees 0 minutes 6 seconds west 23.99 feet to a point; thence south 71 degrees 59 minutes 54 seconds west 50 feet to a point; thence south 33 degrees 15 minutes 47 seconds west 12.29 feet to a point in the north line of the premises conveyed by the above mentioned deed from the grantor to the grantee; thence north 67 degrees 9 minutes 45 seconds east along the north line of the premises so con- veyed 19.47 feet to the most northerly corner of said premises; thence south 18 degrees 0 minutes 6 seconds east along the easterly or north- easterly line of said premises a distance of 50 feet to the point or place of beginning. Said premises are further shown on a map entitled "Building cation Survey, Development Plan, Phase I, Eastwood Commons" revised many occasions and most recently revised May 7, 1979, a copy of ich revised map has been filed i-led-oatacurreMly eewlth..+ X", 11 141 1 'Y' 'F -V, o CIV,Ci .r (,ab-vr.A, E,+w�.t►. I j, t This deed is for highway purposes and in the event the property ases to be used for highway purposes title shall revert to the joining landowners to the center of the road. Being a portion of the premises conveyed to Eastwood Commons lopment Company by deed of Enos A. Pyle dated.September 11, 1973 recorded the same date in the Tompkins County Clerk's Office in 510 of Deeds at page 676. Wyoucoe a BARNEY ATTOPAM AT LAW GAVIN" I" BURAM P.O. bolt N RNACA. NEW YORK 144" 1AU 574 fAcE 38 -3- STATE OF NEW YORK COUNTY OF TOMPKINS ) On this o1 H'" day of ©f fa N , 1979, before me came NORBERT H. SCHICKEL, JR. to me known, who, being by me duly sworn, did depose and say that he resides at 85 Ferguson Road Extension, Dryden, New Yorks that he is a general partner of Eastwood Commons Development Company, the partnership described in and which executed the foregoing instrument; that he was fully authorized by said partnership to execute said instrument, that he executed said instrument and such execution. was on behalf of said partnership. n n STATE OF NEW YORK ) as.: COUNTY OF TOMPKINS ) On this 10' day of C("h'.. , 1979, before me came NOEL DESCH, to me known, who being by me duly sworn, did depose and say that he resides at 132 Updike Road, Ithaca, New York, and that he is a member of the Town Board of the TOWN OF ITHACA, the municipality described in and which executed the within instrument; that he knows the seal of said municipality; that the seal affixed to said instrument is such municipal seal; that it was so affixed by order of the Town Board of the TOWN OF ITHACA, and that he signed his name thereto by like order. 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