Loading...
HomeMy WebLinkAbout523633-007No of Pages: 20 Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 (607)274-5431 Fax- (607) 274-5445 Instrument Number *523633-007* Delivered By: CROSSMORE LAW OFFICE Receipt No. 523633 Return To: CROSSMORE LAW OFFICE 115 WEST GREEN STREET DATE: 03/27/2008 ITHACA, NY 14850 Time: 01:33 PM Document Type: MISC RECORDS Parties To Transaction: Deed Information Consideration: Transfer Tax: Mortgage Information Mortgage Amount Basic Mtge. Tax: RETT No: Special Mtge. Tax County Transfer Tax- Additional Mtge. Tax: State of New York Tompkins County Clerk Mortgage Serial No.: This sheet constitutes the Clerk endorsement required by Section 316-A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH ins CounV Clerk I IIIIII IIIII IIIII 11111111111111111111111111111111111 IN 1111 STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS EDWARD Y. CROSSMORE, DEENA CROSSMORE, NANCY GHANDHI, BUD GHANDHI and TREVOR DONOVAN, Index No. 04-0752 Plaintiffs RE No. 04-0494-M J. Mulvey vs. TOWN OF ITHACA, TOWN OF LANSING, STIPULATION AND TOWN OF DRYDEN, VILLAGE OF LANSING, SETTLEMENT VILLAGE OF CAYUGA HEIGHTS and SOUTHERN AGREEMENT CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION, Defendants WHEREAS, the above entitled action is presently pending in the Supreme Court, Tompkins County; and WHEREAS, the above entitled action was formerly entitled "ETHEL S. WILKINSON VS. TOWN OF ITHACA, TOWN OF LANSING, TOWN OF DRYDEN, VILLAGE OF LANSING, VILLAGE OF CAYUGA HEIGHTS AND SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION", and WHEREAS, the parties to the above entitled action desire to enter into a comprehensive agreement fmally resolving all issues of the above entitled action; NOW, THEREFORE, the parties to the above entitled action, for themselves, their heirs, successors and assigns, STIPULATE AND AGREE as follows: l . Defendant Southern Cayuga Lake Intermunicipal Water Commission (the "Commission"), at its sole cost and expense, shall construct to standards approved by the Village of Lansing (as the same may be amended up to the date construction is commenced) the loop road depicted upon the sketch plat entitled "Bolton Estate Subdivision Edward Y. Crossmore Village of Lansing, Tompkins County, New York" prepared by T.G. Miller, P.C. dated January 20, 2006 as the "Proposed Loop Road" running westerly from NYS Route 34, then curving to run northerly parallel with Route 34, then curving to run generally easterly back to Route 34, and having a total length of approximately 4583.64 feet (hereinafter "the Loop Road"), a copy of which sketch plat is annexed hereto as Exhibit A and incorporated herein by reference (the "Sketch Plat"). The road to be constructed by the Commission does not include the cul-de-sac and turnaround depicted upon the Sketch Plat (collectively the "Cul-de-Sac"). 2. Defendant Commission shall, at its sole cost and expense, construct an intersection between the Loop Road and the "Lake Access Road" depicted upon the Sketch Plat as "Existing Lake Access Road to Remain" so that, as is depicted on said plat, such intersection shall be configured as a "T" intersection (hereinafter "the T-intersection"), provided, however, that the portion of said T-intersection outside the proposed right-of-way shall be constructed only to the same condition as currently exists on the Lake Access Road at the present intersection. 3. Plaintiffs shall convey to the Commission or to such other party as is designated by the Commission such lands as may be necessary to construct and convey the Loop Road in accordance with Village of Lansing requirements (it being understood that the existing roadway on the subject property is constructed on a strip of land owned by the Town of Ithaca that is 50 feet in width (the "50 Foot Strip"), and the Village of Lansing may require land for a roadway to be 60 feet in width). Such conveyance by the plaintiffs shall reserve all necessary easements for sewers and underground utilities as hereinafter provided. 4. Plaintiffs shall convey to the defendant Commission or its designee such additional lands as may be necessary to construct the T-intersection. Such conveyance by the plaintiffs shall reserve to the plaintiffs all necessary easements for placement of sewers and underground utilities as hereinafter provided, but shall be subject to existing easement rights including existing rights of the Commission and the Towns of Ithaca and Lansing for the installation and maintenance of underground water lines and transmission mains and all appurtenances thereto including particularly the right to maintain and replace the water main presently in the ground. 5. The conveyances set forth above shall be by good and sufficient warranty deed, shall convey marketable title free and clear of liens and encumbrances and shall occur before any construction shall commence. Plaintiffs shall provide a final survey or final plat of the road and other parcels to be conveyed as approved by the Village of Lansing Planning Board, adequate for preparation of a deed or deeds for such conveyance. Such survey or plat shall be delivered to defendant Commission concurrently with and as part of the Notice to Commence Construction referred to below. 6. Upon completion of construction of the T-intersection, the Commission and/or the Town of Ithaca shall convey to plaintiffs that portion of the 50 Foot Strip owned by them immediately to the south of the T-intersection and outside the Lake Road Access and Loop Road rights -of -way lines, and no longer needed for the Loop Road or the Lake Access Road, reserving to the Commission and its designees all necessary easements for water pipes, underground utilities and overhead electric lines, the strip to be so conveyed being approximately 150 feet in length. 7. The Commission shall first construct the bed of the Loop Road to subgrade elevations only. Plaintiffs shall then promptly install underground utilities and any other utilities (including dry sewers) desired by plaintiffs within the perimeters of the Loop Road to be constructed (provided that the location and construction are in accordance with all applicable Health Department, Sanitary Code, Village of Lansing, and other applicable laws, rules and regulations), and the Commission shall thereafter cause the balance of the roadway to be constructed in conformity with accepted construction practices and the requirements of the Village of Lansing. In the event the Commission elects to contract out the construction of said road, the Commission shall give plaintiffs notice of the name of any contractor or contractors so hired by the Commission within fifteen (15) days of signing a contract and permit plaintiffs to separately contract with such contractor or contractors for the performance of plaintiffs' work, as provided hereinabove in this paragraph, so as to coordinate and facilitate the performance of all of the work. If such work is performed by any of the defendants' work forces, the Commission shall not be required to provide such notice. In any event, plaintiffs shall complete their work within ninety (90) days after the Commission has completed the road bed and notified plaintiffs that they may commence their work, provided said notice is given no later than September 1 in any year. Otherwise, the time for plaintiffs to complete their work shall be extended until June 30 of the next building season. To the extent necessary to comply with any warranty requirements of the Village of Lansing related to road construction, each of the parties will warrant the portions of the road constructed by them as required by the Village. The parties shall not be required to warrant the work of the other party, but shall cooperate in together providing such warranties that may be required to reasonably satisfy such Village so that the Village will accept title to the road. 8. In the event that the exact location of the Loop Road described hereinabove shall vary from that depicted upon the Sketch Plat such that the overall length of such Loop Road shall be increased by any amount, plaintiffs shall reimburse the Commission an amount determined by dividing the Commission's total construction costs (including construction, inspection, engineering, labor, materials, equipment and all other costs incurred in connection with such construction) by the actual length of the road constructed and multiplying the result by the length of the road constructed in excess of 4,583.64 feet. Such amount shall be paid within ten (10) days of presentation of a bill for such amount supported by documentation of such construction cost and the additional length of the road. Such submission may be made to plaintiffs in the manner set forth below for notices to plaintiffs. In the event that the exact location of the Loop Road described hereinabove shall vary from that depicted upon the Sketch Plat such that the construction costs of the Loop Road are increased for reasons other than additional length (e.g., movement of the road off of the existing road base, or to a location of steeper grades, or to a location requiring more rock excavation) and such increase exceeds 5% of the costs of construction plaintiffs shall reimburse the Commission for such additional construction costs in excess of said 5% within thirty (30) days of presentation of a bill for such amount supported by reasonable documentation of such construction costs. If, upon reviewing the final subdivision plat, the Commission reasonably anticipates the additional costs resulting from relocation of the Loop Road will exceed the reasonable costs of the road as shown on the Sketch Plat by 15% or more, either because of increased length and/or more difficult physical conditions or otherwise, plaintiffs shall deposit with the Commission an amount reasonably estimated by the Commission to cover those additional costs for which plaintiffs are responsible, prior to the Commission being required to commence construction. The Commission shall notify the plaintiffs within thirty (30) days of receipt of the Notice to Commence Construction referred to in the next paragraph, of the need for a deposit and the amount thereof. The plaintiffs shall make such deposit within thirty (30) days after being notified of the amount. If no deposit is timely made, the Notice to Commence Construction referred to in the next paragraph shall not be deemed delivered until the deposit is made. 9. The Commission shall commence construction of the Loop Road and T- intersection within ninety (90) days following receipt of (a) written notice from plaintiffs to the Commission that plaintiffs desire the Commission to commence construction, (b) a certified copy of a final subdivision plat approved by the Village of Lansing Planning Board showing the location by metes and bounds of the Loop Road, the T-intersection and the strip to be conveyed to the plaintiffs south of the T-intersection, and (c) proposed deeds conveying the strips to the Town of Ithaca as nominee for the Commission member municipalities collectively or to such other party as the Commission may designate accompanied by customary title abstracts, tax searches, and other reasonably required documentation showing plaintiffs are conveying marketable title to such property subject only to the encumbrances permitted by this Agreement. Items (a), (b), and © above are hereinafter collectively referred to as the "Notice to Commence Construction". The Commission shall proceed diligently to construct the Loop Road and T- intersection and shall complete same in a timely fashion. Notwithstanding the foregoing, if the Notice to Commence Construction is delivered after March 31 in any year, the time for commencement of construction may be extended by the Commission for up to one (1) year so as to permit time for bidding the project and to allow construction (including plaintiffs' work) to occur during the normal building season. 10. The Village of Lansing shall accept the Loop Road for dedication as a Village roadway within sixty (60) days following (a) the completion of construction in accordance with this Stipulation and Settlement Agreement (hereinafter this "Agreement") and the Village's then current generally applied road construction specifications and standards, and (b) a formal offer of dedication to such Village by the then owner as required by law. 11. Plaintiffs shall, in any event, deliver the Notice to Commence Construction no later than two (2) years from the date hereof. Should plaintiffs fail to deliver such Notice to Commence Construction within said two (2) year period the Commission shall pay to plaintiffs the sum of $600,000.00, without interest, in full satisfaction of all obligations of the defendants pursuant to the terms of this Agreement and any prior agreements related to the construction of all or any portion of the road including, without limitation, the 1967 agreement that is the subject of this lawsuit. Plaintiffs concurrently with the payment of such sum shall deliver executed general releases to defendants, which shall expressly acknowledge, without limiting the 7 generality of the releases, the satisfaction and release of all obligations undertaken by the defendants under this Agreement and any prior agreements. 12. Defendants shall have no obligation to perform any further construction in respect to the Lake Access Road with the exception of the T-intersection as provided hereinabove. In the event that at some future date within five (5) years from the date a functioning public sewer line crosses, or is located within 100 feet of, any of the lands owned by plaintiff (being Lansing tax parcel number 42.1-1-37.2) and in the event at that time it becomes necessary for plaintiffs to provide access to residences constructed on subdivision lots 4, 5 and 6 as depicted on the Sketch Plat by means of the Lake Access Road, the Commission or then owner of said road (hereinafter the "Lake Access Road Owner") shall permit plaintiffs to use the Lake Access Road on a nonexclusive basis to provide such access and further permit plaintiffs to pave or improve all or a portion of the Lake Access Road as may be permitted and/or required by the Village of Lansing, at plaintiffs' sole cost and expense, and shall further permit plaintiffs to install underground utilities within the bounds of the Lake Access Road at plaintiffs' sole cost and expense, provided that (a) the location and construction of such utilities are in accordance with all applicable Health Department, Sanitary Code, Village of Lansing, and other applicable laws, rules, and regulations, (b) plaintiffs shall not unreasonably interfere with the Commission's and other authorized parties' use of the Lake Access Road, (c) plaintiffs shall diligently and promptly prosecute such work to completion, and shall restore the Lake Access Road to its original condition following the installation of any such utilities, and (d) plaintiffs enter into an agreement reasonably satisfactory to the Lake Access Road Owner and Commission regarding indemnification, insurance, and other matters as referred to in the next paragraph. 13. Defendants shall have no obligation to plaintiffs to plow or maintain the Lake Access Road. In the event that plaintiffs, at some future date (within five (5) years from the date functioning sewers are available), shall convey any of the three subdivision lots designated on the Sketch Plat as 4, 5 and 6 and access to the residential dwellings to be constructed thereon shall be necessary by use of the Lake Access Road and shall have been approved by all required governmental entities including the Village of Lansing, the Lake Access Road Owner at that time shall grant non-exclusive easements to such lot owners across the Lake Access Road to their lots solely for purpose of ingress and egress. Any maintenance, snow and ice removal, or other actions necessary to provide such access, above and beyond that performed by the Commission and the Lake Access Road Owner (if different from the Commission) for its or their own use including but not limited to that required to provide access to the Water Intake Lot and other lake front properties, shall be undertaken and paid for by the owners of said lots pursuant to a written agreement in form and substance reasonably acceptable to the Commission and the Lake Access Road Owner (if different from the Commission). Such agreement will include, among other provisions, (a) provisions for insurance for and indemnity of, the Lake Access Road Owner, (b) provisions for any claims or losses (including claims for property damage, bodily injury, or death) arising out of the maintenance or use of the Lake Access Road by anybody other than the Lake Access Road Owner or its employees, agents, or invitees, (c) provisions for the Lot Owners or plaintiffs to undertake and complete any repairs or maintenance of the Lake Access Road (including snow and ice removal) in excess of those reasonably and normally required as a result of the use of the Lake Access Road by the Commission (and Lake Access Road Owner if different than the Commission) only, and (d) provisions prohibiting parking or otherwise obstructing the Lake Access Road. 14. Lots 5 and 6 as depicted on the Sketch Plat are crossed twice by the Lake Access Road. If the finally approved plat submitted as part of the Notice to Commence Construction continues that or a substantially similar configuration, the Lake Access Road Owner agrees to grant to the plaintiffs an easement to cross the Lake Access Road for the purposes of going from any one portion of each such lot to any other portion conditional on plaintiffs providing the Lake Access Road Owner with indemnification for any claims arising out of such use and insurance in the amount reasonably required by the Lake Access Road Owner to insure against any such losses, and an agreement of the Lot Owners not to park in or otherwise obstruct the Lake Access Road. If this Agreement is not earlier terminated by the payment of $600,000 as set forth earlier in this Agreement, (a) the provisions of this paragraph and the preceding two paragraphs shall terminate if and when the Lake Access Road is conveyed to and accepted by the Village of Lansing as a public road, and (b) the obligations of this paragraph and the preceding two paragraphs shall also terminate with respect to any of Lots 4, 5 or 6 that have not been conveyed by plaintiffs to potential residents and for which no building permits have been issued within five (5) years of the availability of functional sewer lines. 15. The terms and provisions of this Agreement represent the entire understanding of the parties hereto with respect to the subject matter hereof, and the provisions of this Agreement 10 may not be changed except by subsequent written agreement executed by all parties, and supercedes all prior agreements, understanding, and arrangements both written and oral between the parties hereto with respect to such subject matter. 16. The Towns of Ithaca, Lansing, and Dryden, and the Villages of Cayuga Heights and Lansing each agree, represent and warrant by the execution of this agreement that: (a) Each such municipality by such signing hereby authorizes and agrees that the Commission take all actions required of it by the terms of this Stipulation and Settlement Agreement, and further agrees and acknowledges that the costs of such performance may be incurred by the Commission, paid for out of the Commission's budget and assessed to, and collected from the water revenues of, each of said municipalities in the same manner as any other expense of the Commission as provided in the Agreement of Municipal Cooperation between the municipalities as the same has been amended from time to time; (b) Each of the defendant municipalities hereby guarantees the full and complete performance by the Commission of the obligations imposed upon the Commission by this agreement to the extent of the proportionate liability of each municipality for liabilities generally of the Commission under the agreement of intermunicipal cooperation establishing the Commission (the "Intermunicipal Agreement") (i.e., the share of any member municipality of the cost of this guarantee shall be in proportion to the debt allocation for Project I under the 11 Intermunicipal Agreement which is based upon the proportion of water generated by the Bolton Point Plant used by such municipality); (c) Each defendant municipality consents to the Commission setting aside the sum of $600,000 from the surplus of the Commission into a separate account to be dedicated to the construction of the road under this agreement or, if the Notice of Commencement is not timely received, to be used to fund the $600,000 payment to plaintiffs as provided for under this agreement; and (d) This Stipulation and Settlement Agreement has been submitted to, and duly approved by, the governing board (town board or village board, as the case may be) of each such municipality and that all actions required to make this Stipulation and Settlement Agreement binding upon each such municipality have been duly taken and completed. 17. The waiver by any party hereto of a breach or violation of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach or violation. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties hereto agree to execute and deliver such other documents and to perform such other acts as may, from time to time, be reasonably required to give full force and effect to the intent and purpose of this Agreement. 12 18. Upon the execution of this Agreement by all parties and the filing of same with the Clerk of the Supreme Court of the County of Tompkins the within action shall be discontinued on the merits without costs to any party and any party may, without notice to any other party, apply for an order of the Court to discontinue the action, and the 1967 agreement that is the subject of this lawsuit shall be deemed terminated and shall have no further force and effect. 19. Any notices required hereunder shall be given by personal delivery, by certified mail, return receipt requested, or by recognized overnight courier, if to the plaintiffs: to Edward Y. Crossmore as representative for all plaintiffs, with a copy to Dirk Galbraith of Holmberg, Galbraith, VanHouten & Miller, 200 East Buffalo Street, Suite 502, Ithaca, New York 14850, and if to defendants to: General Manager, Southern Cayuga Lake Intermunicipal Water Commission, as representative for all defendants, 1406 East Shore Drive, Ithaca, New York 14850, with copy to John C. Barney of Barney, Grossman, Dubow & Marcus,119 East Seneca Street, Suite 400, Ithaca, New York 14850; or to such other address or party as may be designated by notice delivered in accordance with this paragraph. 20. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be deemed an original, but such counterparts together shall constitute but one and the same instrument. [Balance of page intentionally left blank. Signatures begin on next page.] 13 Mi M OWWRI Wo pn WIN Y.CROSSMORE ENA CROSSMORE NANCY G l 8t UD GEA&DHI THE OR DONOVAN TOWN OF ITHACA BY: V,"Ivt_ r 1 TOWN OF LANS BY: TOWN OF DRYDEN BY: -451� VILLAGE OF LANSING BY: VILLA OF CAYUG E HTS BY: 14 SOUTHERN CAYUGA LAKE INTERMUNICIPAL WATER COMMISSION STATE OF NEW YORK . ss.. COUNTY OF TOMPKINS : `*" On the /6L day of in the year 2006 before me, the undersigned, personally appeared EDWARD Y ROSSMORE personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ss.. COUNTY OF TOMPKINS : Notary Public I RUTH BABBITT Notary Public, State of New York No. 4937585 Qualified in Tompkins County Commission Expires July 11, 20 On the L day of in the year 2006 before me, the undersigned, personally appeared DEENA CROSIKAOIRE personally known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NotaryiPublic RUTH BABBITT Notary Public, State of New York No. 4937585 Qualified in Tompkins County n-� Commission Expires July 11, 20 _yam 15 w lscohLst l-j STATE OF NEW Y6M�K . ss.. COUNTY OF W .WALK c.� : On the � day of in the year 2006 before me, the undersigned, personally appeared NANCY G t11111 personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (A-ASGrJ1 I .,i STATE OF NEWYOR—K- aA Z:: !:� - A l L-- Notary Public . ss.. COUNTY OF Kkt tc AUUZ : On the � _� ���day ofin the year 2006 before me, the undersigned, personally appeared BUD GHANDI Personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 6,5ak&t ti STATE OF t-rEw v0--R 55.: COUNTY OF(IZ Notary Public On the ( Say of , /� A n in the year 2006 before me, the undersigned, personally PP appeared TREVOR D�VAN personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NE = rn N • •�` co 0 •.mk LIC t C? �;y9 •,Gq � 7, Zoo .•�pQ�: .• Notary Public 16 STATE OF NEW YORK . ss.. COUNTY OF'-rQ�we__ On they day of :Tv,-� in the year 2006 before me, the undersigned, personally appeared V &�,e r%+j" personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CONNIE F. CLARK Notary Public, State of New York STATE OF NEW YORK No. 01 CL6052878 Qualified in Tompkins County ss.: Commission Expires December 26, 20 0 6 COUNTY OF On the d gence in the year 2006 before me, the undersigned, personally appeared C personally known to me or proved to me on the basis of satisfactory evi to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public BONITA BOLES STATE OF NEW YORK Notary Public, State of New York : ss.: Qualified in Tompkins Co No. 4882505 COUNTY OF�PIc, h s Commission Expires April 27, 20-a On the �5* day of v. e in the year 2006 before me, the undersigned, personally appeared Sie,ie h —I r, , 4, i personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public IQ WIN M. STRICKLANp MOTARYM tc, SW Of N.wrork a.ftaInr C" 17 1110OonKWM EVM Ova 5. 20_0 STATE OF NEW YORK . ss.. .r•t On the o2 day of u -e in the year 2006 before me, the undersigned, personally appeared / personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ss.. COUNTY OF Notary 046DI L RAKE Notary Public State of New York No. 1DA6049150 Qualified in Tompkins County Commission Expires 10/10/OL On the2eday of �r;uYt e in the year 2006 before me, the undersigned, personally appeared L.JaJh8.v- K, t lot, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK . ss.. COUNTY OF -T-om Qle, Notary P *JANE S. NEFF Notary Public, State of New Yak 2ummis in Tompkins t1 y Commission Expires On the o19 day of q'E� V1 r° in the year 2006 before me, the undersigned, personally appeared M'aAR e / A)-ewno &a personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notar"ublic JODI L DAKE Notary Public State of New York 18 No. IDA6049150 'qualified in Tompkins County C-,ramission Expires 10/10/o(, -Irti� O O D_ D N D D Cal np m m z c -0 m D In z m - T D CA Z (7 C) rn m y zo A INS O W(ONE D ➢ D D X n l7 �7 m mm m (n Sm O ON XMR f g all � # $ 41 9 ig TN$6BOLTON ESTATE SUBDIVISION€Y gga� SI^ �i�'€ 11 € a EDWARD Y. CROSSMORE v. a wmaia immm ommw mw