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Home My WebLink About083103-001tiscR �y Pill zoo R�A�ESTATE AGREEMENT 02401 Y APR 1 7 1996 TRAM:;F,tR TAX CDUt.ir This Agreement, made this 10f day of Feb. , 198C- by and between Coddington Road Community Center, Inc., 918 - 920 Coddington Road, Ithaca, New York, a private, non-profit community organization, hereinafter called the Center, and the Town of Ithaca, a municipal corporation, having its principal office at 126 East Seneca Street, Ithaca, New York, hereinafter called the Town. WHEREAS, the Town recognizes the need for a Town park on South Hill to serve Town residents, and WHEREAS, the Town is desirous of upgrading and maintaining a playfield which is currently owned by the Center for use as a Town park, NOW, THEREFORE, in consideration of the mutual promises contained herein and of the sum of One Dollar and other good and valuable consideration paid by,the Town to the Center, receipt of which is acknowledged, the Center hereby grants an irrevocable easement subject to the terms of this agreement as hereinafter provided, and the Town hereby takes an easement to use and occupy for purposes of a public playfield only, the premises at the Center described on Schedule A annexed. This easement is granted upon the following terms and conditions: 1. Prior to the use of any portion of the above -described premises, the Town shall upgrade the field and adjoining parking • • • 0 • • • testa 769 ►dst 241 area in such manner and to such condition as the Town shall, in its sole discretion, determine. The Town shall also install a sign identifying the playfield as a Town park, and citing the park use rules as established in Town of Ithaca Local Law No. 1, 1982. 2. The playfield may be used by any residents of the Town Of Ithaca at any time in accordance with applicable laws and the rules relating to the use of Town parks as the same may be promulgated from time to time. The Town agrees to indemnify the Center against and hold it harmless from any claim, demand, action, suit, liability or judgement, including cost of defense thereof, that may result from or arise out of the use or occupancy of the playfield and parking area by the general public or by the Town, its employees, agents, guests, or invitees arising out of any negligence by the Town in the upgrading of the playfield or parking area. The Town shall provide the Center with a Certificate of Insurance evidencing such coverage in an amount not less than $500,000 per person including property damage and $10,000,000 per incident for bodily injury including death. 3. Subject to the rights of the public at large the Center may also use said playfield. The Center agrees to indemnify the Town against and hold it harmless from any claim, demand, action, suit, liability or judgement, including cost of defense thereof, that may result from or arise out of the use or occupancy of the playfield and areas adjacent thereto by the Center, its employees, members, agents, guests, or invitees while engaged in • U6E� 769 nit 242 any business or activity for which the Center normally would legally be responsible. The Center shall provide the Town with a Certificate of Insurance evidencing such coverage in an amount not less than $500,000 per person including property damage. 4. The Town agrees to maintain the playfield in a reasonable state of condition to the extent the Town deems, in its sole discretion, necessary or advisable. S. This easement is subject to, insofar as it may affect the described premises, (a) a poleline easement to the New York State Electric and Gas Corporation dated November 11, 1930 and .recorded November 29, 1930 in Liber 223 of Deeds at page 372; (b) any state of facts which inspection or an accurate survey would show; (c) the rights.of the public in and to any roadway or other thoroughfare, the Center representing and warranting that it has good and marketable title to the described premises and that except as above mentioned, there are no easements, liens or encumbrances of any nature applicable to or appurtenant to such premises. 6. This easement may be terminated by the Town at any time upon 30 days prior notice to the Center. Upon such termination, the Town shall have no further obligation whatsoever, including any obligation for maintenance, and the title shall thereupon revert to the Center, its successors or assigns. Termination of this easement shall be by a writing signed and acknowledged in the manner required to permit the recordation of a deed. IN WITNESS WHEREOF the parties hereto have signed and exe- cuted the foregoing instrument the day and year first above written. �J • • • • • m(a 769 Past 243 SCHEDULE A: Description of Coddinqton Road Community Center PI yinc Field Arei ALL THAT TRACT OR PARCEI, OF LAND, situate in the Town of Ithaca, Tompkins County, New York, being more particularly described as a 1.64 acre portion of the 3.76 acre parcel shown on a survey map entitled "MAP OF SURVEY, PARCEL OF LAND TO BE CONVEYED BY H. WILMOT S HELEN 14. CARTER TO CODDINGTON ROAD COMMUNITY CENTER, INC." dated January 8, 1972 by R.L. MacDowell, Jr., Registered Land Surveyor, N.Y.S. license no. 35421, a copy of which has been filed in the Tompkins County Clerk's Office to accompany a deed for such conveyance (500 Deeds, p. 50)0 bounded and described as follows: BEGINNING at a point in a center line of Coddington Road approximately 662.5 feet southeasterly along said center line from its intersection with the center line of Updi);e Road, said point of beginning being the easternmost corner of a parcel presently owned by Coddington Road Community Center, Inc., (414 Deeds, p. 399); THENCE south 39 degrees 26 minutes west (all courses herein being true north) along the southeast line of said Coddington Road Community Center parcel, passing through a steel corner post set at 25 feet distant in or near the southerly line of Coddington Road, a total distance of 159.1 feet to a corner fence post m,:rking the southernmost corner of said Coddington Road Community Center parcel; THENCE following an old fence and hedgerow southwesterly for a distance of 170.9 feet more or less for a total distance of 330 feet more or less from the point of beginning; THENCE running southeasterly along an old hedgerow 265 feet more or less; THENCE running north 27 degrees 44 minutes, 30 seconds east along an old fence and hedgerow and passing through an iron pipe set at 58.68 feet distant along said course from the center line of Coddington Road for a total distance of 310 feet more or less to said center line at a point approximately 9 feet northwesterly along said center line from its intersection with the center line of a culvert as shown on the attached map; }' THENCE north 43 degrees 40 minutes west along said center line 206.5 feet to the place of BEGINNING. BEING a portion of the premises conveyed to Coddington Road. Community Center, Inc., by deed of H. Wilmot Carter and Helen W. f Carter, dated January 11, 1972 and recorded May 12, 1972 in the Tompkins County Clerk's Office in Book 500 of Deeds at page 50. SUBJECT TO the following insofar as they may affect the above described premises: 1. Any state of facts which inspection or an accurate survey would show. 2. Existing and public rights within the adjacent portion of Coddington Road. 3. A poleline easement to the New York. State Electric and Gas Corporation dated November 11, 1930 and recorded November 29, 1930 in said Clerk's Office in Book 223 of Deeds at page 372. 0 769ma 244 Tu vi r\) AYA e.oj—d~ NIP It IV 0 J. 114A L Ig '01 `� �b ' Ia, TT 1-1 TOW to �-evm r root c oil W C"ACAP. ni com m4l*vrry ob. C� A 0 • 1� u r� L "Map Base Map Source: of Survey, Parcel of Land to be Conveyed by H. Wilmot 6 Helen W. Carter to Coddington road Road Community Center, Inc.". Jan. 8, 1972, R.L. MacDowell.•'Jr. Filed Tompkins Co. Clerk's Office \\ May 12. 1972 _ j �I rj rG� 1-1 JI Qo1��C �� ,.:gin• ,• f� �,.3:-Te` Pa►► _. t�':i. � f .li�'A(.rv,�'~/ :m, v� -� nJ • ��n� : � � � CuDU�rJ�TJ1J ir.'0(iU Cal•4i1t." JJ1'iLj (R�1 •. � 0 s r E o IL LO I i t + _�• P, ,•y jt j� �o�, a � _ 0 14y. •. �. Sic s: 1, %l ` ��r �'r`�`g�,�` •'- �+`�fFrt •r ��1 `rr•�a• �Y�J} ' `�( 9 ��✓ J� fir f �!✓ �•.. � N C fl �. Lb-.•�� fir,, (�' .t ! yy Cy� TtA ets v ►� LW re,: Qj iq �� ` .. �•� _f P-OPu�,(-D. _ Ir if'kovt�lLM7� . `V .:• `r j r• ° wJ Couv+rJsfUr.) ,2a ,�J.> 111,1 rJl114 i� _ , 4 T • • • is • • • 14" 769 PAGI 247 Town of Ithaca By Coddington Road Community Center, Inc, STATE OF NEW YORK ) COUNTY OF TOMPKINS) ss.: On this ? / `1f day of ,6u-<.� , 198X, before me, came Noel Desch, to me personally 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 the Supervisor of the Town of Ithaca, who. executed the within instrument, and he acknowledged to me that he executed the same, and that such execution was on behalf of the Town of Ithaca and that.thr, Town Board of such Town duly authorized such executio ary u is STATE OF NE;-.' YORK ) Yoi COUNTY OF TOMPKINS) ss.: O this 14 day of Fc6, 1985, before me personally came ,,. H',ILC , to me personally known, who, being by me duly sworn, did depose and say that he resides in 2 SS g A d. 1+�..<. hl.Y. that he is the ,.1 * - of t cozporatioTscribed in, and whic execute t e within instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal= that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Tompkins County Rec9rded on the nay Notary P is ,.� Ig -1', c at4 o' J M., in fiber of It gPr v and��erk v ps