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Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
ITHACA TOWN OF Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: MISC Receipt Number: 16-126779
Party 1 Party 2
AHC PURCHASER INC
Fees
Recording Fee $0.00
Pages Fee $0.00 Instrument #: 2016-05118
State Surcharge $0.00
Total Fees Paid: $0.00
State of New York
County of Tompkins
Filed on May 13th, 2016 at 11:22:11 AM with a total
page count of 15.
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
MR Do Not Detach
2016-05118 05/13/2016 11:22:11 AM
OPERATION,MAINTENANCE,A�,,ND REPORTING AGREEMENT
THIS AGREEMENT is effective this/b-`day of February,2016,by and between the TOWN
OF ITHACA,a municipal corporation with offices at 215 North Tioga Street, Ithaca,New York 14850
(the "Town"), and AHC PURCHASER, INC., a Delaware corporation having an address at c/o
Brookdale Senior Living Inc., I I I Westwood Place, Suite 400, Brentwood, Tennessee 37027 (the
"Owner").
WITNESSETH:
WHEREAS, the Owner received final site plan approval for construction of a 32 unit seniors
housing residence (the "Approval") from the Town's Planning Board by resolution number 2015-033
dated July 21,2015, on tax parcels 27-1-11.4 and 27-1-11.3 located at 101 and 103 Bundy Road in the
Town of Ithaca, Tompkins County, New York; and
WHEREAS, such Approval was granted conditionally upon the construction, maintenance and
implementation of approved stormwater facilities and/or other stormwater management practices,
submission of stormwater inspection reports, and an agreement with the Town regarding the same;
NOW,THEREFORE, in consideration of the granting of the Approval and in furtherance of the
public purposes of providing adequate stormwater retention and maintenance,the parties agree as follows:
1. Construction of Facilities and Implementation of Practices.
(a) The Owner agrees to construct all of the stormwater management facilities,erosion and
sedimentation control facilities and storm drainage facilities(collectively referred to as the"Facilities")
shown on the final plans which are part of the Approval,copies of which are on file in the Town of Ithaca
offices. Without limiting the foregoing, the Owner agrees to construct, at its expense:
(i) The dry detention basin,pretreatment forebay,bio-retention facility,and swales,
which shall be located substantially as shown on the Clare Bridge Crossings of Ithaca Site Plan, Sheet
C 1.0, dated November 2, 2015, and prepared by Dunn& Sgromo Engineers(attached as Exhibit A and
referred to in this Agreement as the "Drawings"); and
(ii) All other Facilities, including pipes, mains, drains, outlet and inlet structures,
manholes, and all other drainage-related facilities and structures, whether above or below grade,which
shall be located substantially as shown on the Drawings; and
(iii) Such future Facilities as may be required to be constructed by applicable laws,
rules, or regulations.
(b) The Owner further agrees to implement, at its expense, all approved stormwater
management practices("Practices"), in addition to the Facilities,that are required as part of the Approval,
and such future Practices as may be required by applicable laws, rules, or regulations.
(c) All of the Facilities and Practices in subparagraphs(a)and(b)above shall be constructed
and implemented as shown on the Drawings,in accordance with good engineering practice and applicable
New York State standards and specifications, and to the reasonable satisfaction of the Town Engineer.
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2. Inspection, Maintenance and Repair of Facilities and Practices. The Owner agrees for
itself,its legal representatives,successors and assigns and any other persons or entities who obtain title to
or an interest in any portion of the properties on which any of the Facilities or Practices are located, such
agreement being expressly intended to run with the land and be binding forever,to operate,maintain and
repair the Facilities and Practices to insure that they continue to function for their intended purpose and as
designed.In furtherance of such obligation,and without limiting the obligations set forth in the preceding
sentence, the Owner agrees to follow the maintenance plan for regular and recurring inspections and
maintenance of the Facilities and Practices which is part of the Approval and is set forth in the approved
Stormwater Pollution Prevention Plan, prepared by Greg Sgromo, PE of Dunn & Sgromo Engineers,
PLLC,dated September 9,2015,and revised November 10,2015. In addition,the Owner shall perform
such other inspections, maintenance and repair as may be reasonably required by the Town Engineer in
order to assure the continued operation of the Facilities and Practices as intended and designed. The
Owner,at its own expense,shall perform all of the foregoing inspections,maintenance and repair and any
other inspections, maintenance and repair reasonably necessary to keep all Facilities and Practices
functioning in a good and workmanlike manner.
3. Town Inspections, Repair and other Activities. The Owner shall grant to the Town the
permanent easement and right-of-way which is attached to this Agreement as Exhibit B. The Owner
agrees the Town may enter upon the property described in Exhibit B or any portion thereof for the
purposes of observing and inspecting the Facilities and Practices at any time and from time to time as may
be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or
employees of the Town, and to make repairs to and undertake other actions regarding the Facilities and
Practices as set forth below. If maintenance deficiencies are found as a result of such inspections, the
Town Engineer will notify the Owner in writing, and the Owner shall cause needed repairs to be made
and/or needed maintenance performed within the number of days set forth in such notice. If the Owner
fails to complete the repairs and/or maintenance to the satisfaction of the Town Engineer within the
required period,the Town reserves the right(but does not have the obligation)to have the repairs made
and/or maintenance performed and will charge the Owner for the cost of such repairs and maintenance.
The Owner agrees to pay for such repairs and maintenance within 10 days after demand for same.
Notwithstanding the foregoing, if an emergency exists requiring immediate action, the Owner hereby
authorizes the Town, its officers,agents,contractors and employees,to enter upon the property and effect
emergency repairs to and perform emergency maintenance on,and/or to alter,remove,replace,or change
the size of, any portion of the Facilities or Practices in the event of a threat to the safety of the Facilities,
Practices or properties adjacent to or downstream of any portion of the Facilities or Practices, with the
cost of such activities to be reimbursed by the Owner to the Town within 10 days of demand for same.
When any portion of any Facility or Practice is located off-site or on the property of a third party, the
Owner, at its sole cost and expense, shall obtain easements and rights-of-way thereto acceptable to the
Town.
4. Contest of Bills. In the event the Town makes repairs or undertakes emergency activities
as described in paragraph 3 above and issues a demand for reimbursement,and the Owner disputes either
the need for the repairs/activities or the cost of the repairs/activities, the Owner, in lieu of paying the
amount demanded shall,within 10 days of receipt of the demand,deliver to the Town Clerk at the Town
offices a Notice of Contest stating that the need for the repairs/activities,or cost,or both, is in dispute and
concisely stating the basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a
waiver of any claim or defense that the amount demanded is not justified. If the Notice of Contest is
timely filed, the Town shall, within forty-five days of the filing, arrange for a hearing before the Town
Board which, based upon any relevant materials presented by the Town Engineer and the Owner, shall
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issue a resolution determining the dispute within 10 days after the hearing. Such resolution shall be filed
with the Town Clerk,who shall arrange for delivery of a copy of the resolution to the Owner,within five
days after such filing, at the address for such Owner set forth at the outset of this Agreement or at such
other address as the Owner may designate in writing to the Town Clerk and Town Engineer. If the Owner
disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil Practice Law
and Rules of the State of New York,provided such proceeding is commenced within 30 days of the filing
with the Town Clerk of the decision of the Town Board. The Owner agrees to the shortened statute of
limitations of 30 days within which it must assert its claims in any Article 78 proceeding. Failure to
timely institute such a proceeding shall be deemed an agreement with the decision of the Board.
5. Addition to Taxes. In the event the Town makes repairs or undertakes emergency
activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost of
said repairs/activities within 10 days after the demand for same, or, if contested by the proceedings set
forth above, fails to so reimburse within 30 days of the filing of the final decision on the contest
determining the amount due to the Town,then such unpaid costs,expenses and interest at the per annum
rate of 9% incurred from the date of repair/activity shall constitute a lien upon the land on which the
Facilities or Practices are located. The Town may bring a legal action or proceeding to collect such costs,
expenses, interest, and recoverable attorney's fees, or to foreclose such lien. As an alternative to the
maintenance of any such action,the Town may file a certificate with the Tompkins County Department of
Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a
statement identifying the property and Owner so that the Tompkins County Department of Assessment
shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon
such property. Such amount shall be included as a special ad valorem levy(administered as a move tax)
against such property, shall constitute a lien, and shall be collected and enforced in the same manner,by
the same proceedings,at the same time,and under the same penalties as are provided by law for collection
and enforcement of real property taxes in the Town of Ithaca. The Owner agrees that the assessment of
such costs,expenses and interest shall be effective even if the property would otherwise be exempt from
real estate taxation. In any action or proceeding brought hereunder,the prevailing party shall be entitled
to recovery from the other party of its reasonable costs in prosecuting or defending any action, including
reasonable attorneys' fees.The prevailing party shall be determined by the court determining the matter.
"Prevailing party"shall mean a party which is awarded all or substantially all of the relief demanded by
such party.
6. Inspection Reports. The Owner shall submit an annual stormwater inspection report to
the Town Engineer on or before the first day of October of each year,with the first report being submitted
the first October following the issuance of the Building Permit. Notwithstanding the foregoing, Owner
shall submit stormwater inspection reports on a more frequent basis or on a different timetable where
required by the Approval or by law, rule or regulation. Such reports shall, at a minimum, include the
location of the property,Owner's contact information,a summary of completed inspections and results of
such inspections,and a summary of any maintenance activities or corrective actions undertaken. Reports
shall be signed by the Owner or other legally responsible party, and shall attest to the accuracy of the
information provided in the report. Failure to submit the reports,or the submission of inaccurate reports,
shall constitute a condition of non-compliance with the site plan Approval and be subject to enforcement
as outlined below.
7. Alterations and Discontinuation of Facilities and Practices. The Owner shall not
authorize,undertake or permit alteration,abandonment,modification or discontinuation of the Facilities
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or Practices except in accordance with written approval of the Town and pursuant to any applicable
requirements for modification of site plans.
8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater
operation, maintenance or reporting local laws, ordinances and regulations as they now exist or are
hereafter added or amended. The parties agree to amend this Agreement as necessary to incorporate the
requirements of any new or amended laws, ordinances or regulations.
9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk
and when recorded shall be referenced to the deeds for tax parcels 27-1-11.4 and 27-1-11.3, as such tax
parcels may hereafter be consolidated. The costs of recording and referencing to affected deeds and
parcels of land shall be the responsibility of the Owner.
10. Binding Effect and Enforcement.
(a) The Owner, its legal representatives, successors and assigns, and any other persons or
entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or
Practices are located shall be bound by the terms of this Agreement. The Owner shall execute whatever
documents are necessary to make this Agreement binding on any persons or entities who obtain title to,or
an interest in, any portion of the properties on which any of the Facilities or Practices are located.
(b) Failure to comply with any of the requirements of this Agreement shall,without limiting
the remedies otherwise available to the Town,constitute a condition of non-compliance with the site plan
Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to
enforcement as outlined in Section 270-239 of the Town of Ithaca Code and Section 268 of the Town
Law.
11. Representation as to Authority. Each of the persons executing this Agreement on behalf
of the parties represents that he or she has full authority to execute the same on behalf of his or her party,
and that by his or her execution,the party for which he or she is executing this Agreement is fully bound
by its terms.
12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or
responsible for any injury to persons or damage to property due to the Town's actions,or failures to act,
under or pursuant to this Agreement, unless it is proven to a reasonable degree of certainty that such
injury or damage was caused by a reckless or intentional wrongful act of the Town or,where the Owner is
not in breach of this Agreement and no emergency situation exists, by the Town's negligence. The
Owner agrees to indemnify and hold harmless the Town and its elected officials, employees, agents,
subcontractors and consultants for all damages, losses and claims that arise out of the Owner's and/or
Town's actions or failures to act under or pursuant to this Agreement, except this indemnification shall
not extend to the proportion of damages, losses and claims caused by a reckless or intentional wrongful
act of the Town or,where Owner is not in breach of this Agreement and no emergency situation exists,by
the Town's negligence. Such indemnity shall include the costs of defending any action, including
reasonable attorney fees, expert fees, and other litigation costs.
13. Waivers. Where the Town Board finds that, due to the special circumstances of a
particular case,a waiver of certain requirements in this Agreement is justified,a waiver may be granted.
In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: (1)
granting the waiver would be in keeping with the intent and spirit of this Agreement, and is in the best
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2016-05118 05/13/2016 11:22:11 AM
interests of the community;(2)there is no adverse effect upon the character,appearance,or welfare of the
neighborhood and any watercourses, watersheds, or surface waters; (3)there are special circumstances
involved in the particular case;(4)denying the waiver would result in undue hardship,provided that such
hardship has not been self-imposed;and(5)the waiver is the minimum necessary degree of variation from
the requirements of this Agreement.
14. Assignment. The Town may assign this Agreement and any of its rights, duties and
obligations to any successor entity or governmental institution, or to any one or more drainage or other
districts hereafter created by the Town.
15. Severability. In the event that any portion of this Agreement is declared invalid by a court
of competent jurisdiction,the validity of the remaining portions shall not be affected by such declaration
of invalidity.
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year
first above written.
TOWN OF ITHACA
By:Date "@Fb@14 SRgM Supervisor
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
YA 111L
On the day of in the year 2016 before me,the undersigned,personally
appeared ** r .�.n personal y known to me or proved to me on the basis of satisfactory
e nce to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
VK his/her/their signature(s) on the instrument, the individual(s), the person upon behalf of which the
� individual(s) acted, executed the instrument.
otary Public
[NOTARY SEAL]
PAULETTE TERWILLIGER
Notary Public,State of New York
No.01 TE6156809
Oualiified in Tompkins County
Commission Expires December 4,20
Page 5 of 6
2016-05118 05/13/2016 11:22:11 AM
AHC PURCHASER, INC.
Date Eric W. Hoaglund, Vice President
STATE OF WISCONSIN
COUNTY OF MILWAUKEE : ss.:
On the 150kh day of Fr-btu 21( in the year 2016 before me,the undersigned,personally
appeared Eric W. Hoaglund personally krt4 n to me or proved to me on the basis of satisfactory evidence
to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)
on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed
the instrument.
Notary Public
[NOTARY SEAL]
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Page 6 of 6
2016-05118 05/13/2016 11:22:11 AM
EXHIBIT A
Clare Bridge Crossings of Ithaca Site Plan, Sheet C 1.0
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2016-05118 05/13/2016 11:22:11 AM
EXHIBIT B
RIGHTS-OF-WAY AND EASEMENTS
THIS INDENTURE is made this day of February, 2016, by and between AHC
PURCHASER, INC., a Delaware corporation having an address at c/o Brookdale Senior
Living Inc., 111 Westwood Place,Suite 400,Brentwood,Tennessee 37027("Grantor") and
the TOWN OF ITHACA, an incorporated municipality of the state of New York, with
offices at 215 North Tioga Street, Ithaca, New York 14850 (the "Town").
WITNESSETH: That the Grantor, in consideration of One and 00/100 Dollar ($1.00) and
other good and valuable consideration paid by the Town,the receipt and sufficiency of which
are hereby acknowledged by the Grantor and the Town,does hereby grant and release unto
the Town, its successors and assigns forever, a RIGHT-OF-WAY and EASEMENT to lay,
construct,operate,make observations of,inspect,maintain,alter,repair,remove,replace or
change the size of drainage,stormwater and/or sediment control facilities,including ditches,
ponds, and other and related appurtenances and devices, together with the rights of free
ingress and egress in, over, upon and under the below-described parcels of land, such
parcels being the areas of the permanent easements and rights-of-way, and including the
right to trim and/or remove obstructing trees,shrubs and other obstructions on said parcels
of land situate in the Town of Ithaca, County of Tompkins and State of New York,
all as more particularly bounded and described as follows:
ALL THAT TRACT AND PARCEL OF LAND situate in the Town of Ithaca,
Tompkins County,New York, and described as follows:
Beginning at an iron pin found in concrete at the intersection of the south right-
of-way of Bundy Road with the west highway line of Trumansburg Road
(New York State Route 96)said pin being located the following(2)courses and
distances from the intersection of the south line of Bundy Road with the west
line of Trumansburg Road:S34°44'06"E 169.41 feet and S40°29'44"E 230.09 feet
to the point and place of beginning:
Thence S 499017' W a Distance of 97.96';Thence S 02°46'11" W a Distance of
82.25'; Thence S 10°42'12" W a Distance of 61.40'; Thence S 21°15'10" W a
Distance of 46.32';Thence S 39°02'31"E a Distance of 20.44';Thence N 50°32'53"
E a Distance of 185.91'; Thence N 08°23'57" E a Distance of 42.15'; Thence N
87°06'33" E a Distance of 11.54'; Thence S 84°47'43" E a Distance of 23.94';
Thence N 40°2944" W a Distance of 140.58'; which is the point and place of
beginning.
Said easement having an area of 23909.01 Square Feet, 0.549 Acres.
Said easement is shown as"Parcel'C'Proposed'New'Storm Water Management Easement"
Exhibit B to Operation, Maintenance and Reporting Agreement Page 1 of 6
2016-05118 05/13/2016 11:22:11 AM
on a map entitled "PROPOSED EASEMENT MAPPING FOR AHC PURCHASER,
INC./TRUMANSBURG ROAD AND BUNDY ROAD/TOWN OF ITHACA, TOMPKINS
COUNTY,NEW YORK",Sheet Title"STORM AND WATER EASEMENT MAP",made by
Lee Dresser, L.S. of T.G. Miller P.C., dated September 10, 2015 and last revised October 14,
2015, a copy of which map is intended to be filed concurrently herewith.
FURTHER WITNESSETH: That the Grantor further hereby grants and releases unto the
Town, its successors and assigns forever, an easement and right-of-way for access by
vehicles,persons and equipment over the land of Grantor more particularly described on
Exhibit A attached hereto, for the purpose of accessing the aforementioned stormwater
easement.
FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or
structures (except for roads, buildings and other structures to be constructed, used and
maintained on or beneath the surface of the premises in accordance with permits and
approvals issued by Grantee) shall be constructed within the aforesaid rights-of-way and
permanent easements which will in any way interfere with complete access by the Town,its
successors, assigns, employees and agents to lay, construct, operate, make observations of,
inspect, maintain, alter, repair, remove, replace or change the size of any drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other and
related appurtenances.
AND,Grantor further covenants and agrees:
1. Grantor,for himself and all of his successors and assigns,covenants and agrees that
no buildings or structures(except for roads,buildings and other structures to be constructed,
used and maintained on or beneath the surface of the premises in accordance with permits
and approvals issued by Grantee)shall be constructed within the aforesaid rights-of-way and
permanent easements which will in any way interfere with complete access by the Town,its
successors, assigns, employees and agents to lay, construct, operate, make observations of,
inspect, maintain, alter, repair, remove, replace or change the size of any drainage,
stormwater and/or sediment control facilities, including ditches, ponds, and other and
related appurtenances.
2. Grantor,for himself and all of his successors and assigns,covenants and agrees that,
except for trees or other plants to be installed and maintained on or beneath the surface of the
premises in accordance with permits and approvals issued by Grantee, no trees or other
plants will be planted or cultivated that may interfere with the said easements and rights-
of-way.
3. Grantor,for himself and all of his successors and assigns,covenants and agrees that he
will not permit or conduct any mining, excavation, construction or blasting within said
easements and rights-of-way.
4. Grantor,for himself and all of his successors and assigns,covenants and agrees that he
Exhibit B to Operation, Maintenance and Reporting Agreement Page 2 of 6
2016-05118 05/13/2016 11:22:11 AM
will not engage in any conduct,directly or indirectly,that blocks,obstructs,or interferes with
the ingress and egress rights of the Town, its successors, assigns, employees and agents.
5. Grantor,for himself and all of his successors and assigns,covenants and agrees that
he will place the following provision in all conveyances of the property or portions thereof
covered by these easements, or any rights therein:
"Being the purpose of the said drainage easement and right-of way to convey
rights to the Town of Ithaca for drainage,storm sewer,sediment control and
stormwater management purposes, including the conveyance of rights to
said Town to lay,construct,operate,make observations of,inspect,maintain,
alter, repair, remove, replace or change the size of drainage, stormwater
and/or sediment control facilities, including ditches, ponds, and other and
related appurtenances and devices, together with the rights of free ingress
and egress in, over, upon and under the below- described permanent
easements and rights-of-way,and including the right to trim and/or remove
trees, shrubs and other obstructions: all of which rights are (1) set forth in
permanent easements and rights-of-way granted to the Town, the terms,
obligations and conditions of which are expressly incorporated herein,and(2)
assignable by the said Town to any successor or assign, or to any Drainage
District now existing or hereafter to be formed."
AND FURTHER, Grantor and the Town acknowledge that the easements and rights-of-
way hereby granted are fully assignable by the Town, without prejudice or recourse.
TO HAVE AND TO HOLD said rights-of-way and easements unto the Town,its successors
and assigns forever,it being the intent of the Grantor to have these easements and all related
rights-of-way herein expressed run with the land forever,and be permanent and perpetual.
IN WITNESS WHEREOF,the Grantor has hereunto set his hand and seal the day and year
first above written.
IN PRESENCE OF
AHC PURCHASER, INC.
Name:Eric W. Hoaglund
Title: Vice President
Exhibit B to Operation, Maintenance and Reporting Agreement Page 3 of 6
2016-05118 05/13/2016 11:22:11 AM
STATE OF WISCONSIN }
COUNTY OF MILWAUKEE } ss:
On the 15111day of WV aN in the year 2016, before me, the undersigned, personally
appeared Eric W. Hoaglund, 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.
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Notary Public
[NOTARY SEAL]
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Exhibit B to Operation, Maintenance and Reporting Agreement Page 4 of 6
2016-05118 05/13/2016 11:22:11 AM
EXHIBIT A
Legal Description
PARCEL 1 (101 BUNDY ROAD, TOWN OF ITHACA, TOMPKINS COUNTY)
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE TOWN OF ITHACA,
COUNTY OF TOMPKINS, STATE OF NEW YORK BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIN FOUND IN CONCRETE IN THE WEST LINE OF
TRUMANSBURG ROAD, (NEW YORK STATE ROUTE 96) SAID PIN BEING LOCATED
THE FOLLOWING TWO (2) COURSES AND DISTANCES FROM THE INTERSECTION
OF THE SOUTH LINE OF BUNDY ROAD WITH THE WEST LINE OF TRUMANSBURG
ROAD:
1. SOUTH 340 44' 06" EAST 169.41 FEET; AND
2. SOUTH 400 29' 44" EAST 389.86 FEET;
RUNNING THENCE SOUTH 500 32' 53" WEST FOR A DISTANCE OF 315.55 FEET TO A
POINT;
RUNNING THENCE NORTH 820 00' 32" WEST FOR A DISTANCE OF 329.03 FEET TO A
POINT;
RUNNING THENCE NORTH 370 00' 32" WEST FOR A DISTANCE OF 141.85 FEET TO A
POINT;
RUNNING THENCE NORTH 520 10' 37" EAST FOR A DISTANCE OF 525.52 FEET TO A
POINT; AND
RUNNING THENCE SOUTH 400 29' 44" EAST ALONG THE WEST LINE OF
TRUMANSBURG ROAD, PASSING THROUGH AN IRON PIN FOUND IN CONCRETE AT
A DISTANCE OF 233.20 FEET, A TOTAL DISTANCE OF 369.21 FEET TO THE POINT
AND PLACE OF BEGINNING.
TOGETHER WITH THE RIGHTS CREATED FOR THE BENEFIT OF THE ABOVE
DESCRIBED PARCEL BY THAT CERTAIN EASEMENT AGREEMENT DATED
AUGUST 26, 1998 FROM RICHARD A. PERRY AND MARY LOUISE PERRY TO ITHACA
TRUMANSBURG ROAD, LLC RECORDED IN THE TOMPKINS COUNTY CLERK'S
OFFICE IN BOOK 828 OF DEEDS AT PAGE 158.
Exhibit B to Operation, Maintenance and Reporting Agreement Page 5 of 6
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PARCEL 2 (103 BUNDY ROAD, TOWN OF ITHACA, TOMPKINS COUNTY)
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE TOWN OF ITHACA,
COUNTY OF TOMPKINS, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIN FOUND IN CONCRETE AT THE INTERSECTION OF THE
SOUTH RIGHT-OF-WAY OF BUNDY ROAD WITH THE WEST HIGHWAY LINE OF
TRUMANSBURG ROAD (NEW YORK STATE ROUTE 96);
RUNNING THENCE SOUTH 340 44' 06" EAST ALONG THE WEST LINE OF
TRUMANSBURG ROAD A DISTANCE OF 169.41 FEET TO AN IRON PIN FOUND IN
CONCRETE;
RUNNING THENCE SOUTH 400 29' 44" EAST ALONG THE WEST LINE OF
TRUMANSBURG ROAD A DISTANCE OF 20.65 FEET TO A POINT;
RUNNING THENCE SOUTH 520 10' 37" WEST FOR A DISTANCE OF 525.52 FEET TO A
POINT;
RUNNING THENCE NORTH 370 00' 32" WEST FOR A DISTANCE OF 247.49 FEET TO A
POINT;
RUNNING THENCE NORTH 070 59' 28" EAST FOR A DISTANCE OF 337.41 FEET TO A
POINT IN THE SOUTH LINE OF BUNDY ROAD; AND
RUNNING THENCE SOUTH 82° 22' 00" EAST, PASSING THROUGH AN IRON PIN
FOUND IN CONCRETE AT A DISTANCE OF 150.17 FEET, A TOTAL DISTANCE OF
410.88 FEET TO THE POINT AND PLACE OF BEGINNING.
Exhibit B to Operation, Maintenance and Reporting Agreement Page 6 of 6