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Home My WebLink About036601-001I.IDEK 583 PA;j 732 AGREEMENT Aor, 3'A ' r T` THIS AGREEMENT made this /6 day of June, 1981, between EASTWOOD COMMONS DEVELOPMENT COMPANY (the "Company") and the TOWN OF ITHACA (the "Town"). WITNESSETH: WHEREAS, the Company has requested the Town to accept a deed, for Town highway purposes, by which the Company will convey to the Town the road described on Schedule A annexed hereto and WHEREAS, such road has not yet been completed to the Town°s specifications; and WHEREAS, the Town is willing to accept a conveyance of said roads although they have not as yet been completed provided, however, that the Company complies with certain con- ditions, 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 199 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 mutual agreements herein- after set forth, it is agreed as followsz 1. The Town hereby accepts a conveyance of said roads. 2. The Company agrees to complete said roads in the BUYOUCOS d BARNEY ATTORNEYS AT LAW same manner as required by the roads governed by the aforesaid SAVINGS BANK BUILDING 0.0. BOX se ITHACA. NEW YORK 14850 1 • 1 • 1 1 • BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING P.O. BOX 26 RNACA NEW YORK 14860 • 1 i-&k 583 PACE 733 - 2- agreement of August 28, 1974. Such roads must be completed not later than January 1, 1982. 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 satisfactory to the Town instead of $6,000.00 as set 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 upd acrd to show the conveyance of the road govern ed by this agreement. IN WITNESS WHEREOF, this agreement has been'duly executed by the parties as of the day and year first above written. EASTWOOD COMMONS DEVELOPMENT COMPANY By: IN �« �y 1� r% L " TOWN OF ITHACA II FORM 553X V. Y. DEED—W \RRANTY 11! ►►eEk 583 c��so !�nbmkrjpf lll Xude the day of June Xineteeu J'fnndred and Eighty-one T U7EIL AN%..,t T.—UI—.1.i 7.1!!e I, tw Pt., AiL/rtiAris, 7�//�,in1 Vi 13etween EASTWOOD COMMONS DEVELOPMENT COMPANY of 100 Fairview Square, Ithaca, New York, party of the first part, and TOWN OF ITHACA, a municipal corporation with its principal office at 126 East Seneca Street, Ithaca, New York, 14850, party of the second part, Witnesseth that the party of the f rst part, in eo)i.sideration of One and 00/100------------------------------- Dollar (S 1.00----) lawful money of the United Slates and other good and valuable consideration paid by the party of the second part, does , hereby �runl and rcleuse unto the part y of the second part, its successors and assihns forei.,er, all {I THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being more particularly described as follows; BEGINNING at a point in the easterly line of Strawberry Hill Road as shown on a map hereinafter referred to, which point is the most northerly corner of the parcel described in a deed from East- wood Commons Development Company to the Town of Ithaca dated October 21, 1980, and recorded October 23, 1980 in the Tompkins County Clerk's `Office in Book 580 of Deeds at page 24, and which point of beginning is Ia southwesterly corner of Lot 19 as shown on the map hereinafter re- ferred to; running thence south 71 degrees 59 minutes 54 seconds west50 feet along a northerly line of the parcel above mentioned previously con- veyed to the Town of Ithaca to a point in the westerly line of Strawberry Hill Road as shown on said map; running thence north 18 degrees 0 minutes 6 seconds west along the westerly line of Strawberry Hill Road in part, and along a prolongation of said westerly line a total distance of 169.90 feet; running thence north 81 degrees 34 minutes 2 seconds east along a northerly line of Strawberry Hill Road a distance of 50.71 feet to a point, which point marks a corner of Lot 19; running thence south 18 degrees 0 minutes 6 seconds east along the westerly line of Lot 19, 161.47 feet to the point or place of j beginning. It is the intention of this deed to convey a strip approximately 169.feet by 50 feet of Strawberry Hill Road as shown on a map entitled "Development Plan - Phase I - Eastwood Commons - Buildinc_ Location Survey" revised many times and last revised January 12, 1981, to show Unit 19, revisions of Unit 14 dimensions and the road extension, a copy of which map was filed in the Tompkins County Clerk's Office on May 20, 1981 in Vault Box VII. Subject to utility easements of record. This deed is for highway purposes and in the event the property ceases to be used for highway purposes, title shall revert to the adjoining landowners to the center of the road. t Being a portion of the premises conveyed to Eastwood Commons Development Company by deed of Enos A. Pyle dated September 11, 1973 and recorded the same date in the Tompkins County Clerk's Office in Book 510 of Deeds at page 676. 1 • 1 • 1 0 I.ak 583 PAcf 735 �i Together wi h the appurtenance.v and «ll the eslateand rQ11ids of the party of the first -Dort. in. a(Ito said prentisPs, (� To have and to hold the premises herein, (.;ranted unto the part y of the second part, its successors and assigns forever. And said party of the first part covenant as follows: First, That. the part y of the second part, shall quietly enjoy the said premises; Second, That said party of the first part kill forever Warrant the title to said premises. In Witness Whereof, the part y of the first part ha s hand and seal the day and year first above written. 3npresenre of El1STWOOD COMMONS DEVELOPMENT COMPANY .f. By: hereunto set its State of New York � Ott this day of County of ss° Nineteen, Hundred and before ine, the subscriber, personally appeared to ine personally known and known. to ine to be the saute person described in and who executed the within Instrunien.t, and lie acknoivled�ed to me that he executed the same. STATE OF NEV YORK ) d� of ary public COUNTY OF TOMPKINS )ss On this day of June, 1981, 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, Dryden, New York, that he is a general partner of EASTWOOD COMMONS DEVELOPMENT COMPANY, the partner- ship 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. Tax Parcel #: Town of Ithaca Grantee Mailing Address: Notary Public BUYOUCOS S BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING P.O. BOX 26 ffHACA, NEW YORK 14860 583 PACE .736 -3- STATE OF NEW YORK ) ) ss.. COUNTY OF TOMPKINS ) On this I`1~ day of June, 1981, 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 York; 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 such instrument, that he executed said instrument and such execution was on behalf of said partnership. n 1-1 Not y Public J011'4 C. r.nr.�f:v t<ew Yoh Notary C Ii Ali `.lcd of l ` ', 1�rch 30. W g3 STATE OF NEW YORK , ) ss .: zurm 1.•_t r" COUNTY OF TOMPKINS ) On this 16 Y day of June, 1981, before me came NOEL DESCH, to me known, who being by me duly sworn, did depose and say that he resides at Updyke Road, Ithaca, New York, and that he is the Supervisor 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. N 'alr��- JEAN H. SWARTWOOD Notary Public, State of New yak No.4702044 Qualified in Tompkins County (aomiasion #.Piles Match 30, WIT,3 Reco" cp tM .. ... _ P% Da,. of....... ��E .19.M-as ..9:q3 otkock A M., in Libor .....r��. ......... pj .....P1.901.............�. at Page .........!!.',.2►.............. and exarom� .. ........,, ........ 0 1 •