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Home My WebLink About030981-001• 1 i BUYOUCOS & BARNEY ATTORNEYS AT UW SAVINGS SANK SUIIDIND ITHACA, NEW VORA 14&90 Ltit x'70 FACE 16.3 n % '� it AGREEMENT THIS AGREEMENT made this !I day of April, 1979, 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 conditions; 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 consideratic of the premises and the mutual agreements hereinafter set 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 manner as required by the roads governed by the aforesaid 570 � ! 164 -2- agreement of August 28, 1974, Such roads must be completed not later than November 1, 1979. 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 herein 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 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 COMPA. By: TOWN yO�F ITHACA/� Supervisor BUYOUCOS & BARNEY A"oRN[Y■ At UW SAVINGS IIANR •VILDING IYNACA, NCW YORK ISt.. LI 0 1 i 1 1 0 1 • 1 TOWN OF ITHACA party of the first part, and 570 PAS_ 165 P"""SefEt that the part y of the first part, in consideration off the second part, One and 00/100---------------------- __________ latuful money of the United States,and other good and valua��lea consideration paid by the arty of the second part, do es hereby grant and release unto the part y of the second part, and assigns foreuer, all THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, New York, being more particularly des- cribed as follows: COMMENCING at a point at the intersection of the south line of a road denominated "Proposed Road " on a mip entitled "Subdivision Plat - Development Plan — Phase I, Eastwood Commons" originally made by Donald McKee and revised, redrawn and recertified by John s. McNeill on several occasions entitled "Building Location Survey", a copy of which map was filed in the Tompkins County Clerk's Office on December 4, 1974, which road is now known as Strawberry Hill Road, with the east line of Phase I as shown on said map, which point of beginning is just to the east of the paved parking area lying south of said proposed road within Phase I; and which point of beginning is located north 67 degrees 9 minutes 45 seconds east 95.35 feet from the intersection of the south line of said proposed road and the east line of Wildflower Drive; running thence north 67 degrees 9 minutes 45 seconds east a distance of 105 feet to a point; running thence north 18 degree 0 minutes 6 seconds west 50.18 feet to a point; running thence south 67 degrees 9 minutes 45 seconds west 105 feet to the northeast corner of the proposed road "A"as shown on said map; running thence south 18 degrees 0 minutes 6 seconds east 50.18 feet to the point or place of beginning. Said premises are further shown on a map entitled "Building Location Survey, Development Plan, Phase I, Eastwood Commons" revised on many occasions and most recently re wised Januar 15, 1979, a copy of which map is intended to be recorded concurrent herewith. 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 rI,- ,-„tea 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. Subject to an easement given to New York State Electric & Gas Corporation and New York Telephone Company by deed dated November 15, 1978,,recorded in the Tompkins County Clerk's Office in Book 568 of Deeds at page 358, insofar as the same may affect the above described premises. �Aeco- 14 BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS DANK SVIIDING ITHACA. NEW YORK 146DO UtEh 570 ! - 1$6 -3- STATE OF NEW YORK ) ) ss., COUNTY OF TOMPKINS ) On thist' // day of April, 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 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 said instrument, that he executed said instrument and such execution was on behalf of said partnership. - -Ca,� JOHN C. BARNEY 'ot, Public Nohry Publiq State of Ncw Yo No. 5; �?lialificd in 1olu�auls laluuty Tam Expires March 30, / STATE OF NEW YORK ) ) SS.: J COUNTY OF TOMPKINS ) On this/// T!/ day of April, 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; t1m t 0 1 0 1 1 1 • BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS SANK SUILDING ITHACA, NEW YORK IASSO • 1 ,l.l"L� 570 %! A7 MIM the seal affixed to said instrument is such municipal seal; - that it was so affixed by order of the Town 13oard of the TOWN OF ITHAC.A, and that he signod his name thereto by like order, Notary Public Tompkins County, ss: Raorded on the. b....' '��ol`s��>a"....... ...19C1...a1 o'clock .:�. 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