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HomeMy WebLinkAbout034553-0011 • 11 1 , WY00003 6 BARNEY. AVOW" LAW SAVWU DANK KKOKIO ►A. Bolt N NNAQA NTMI VM 14M 0 V th %ly FAfc 6V vc7�a� AGREEMENT THIS AGREEMENT made this 25th day of July, 1980, 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 roadt 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 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 govenred by the aforesaid 578 638 1 II BUYOU= A URNEY ATTORNEYS AT LAW BAVINOB BANK BUILOM P.G. Bolt as ITNAG, NEW YORK 148{0 1 1® I -2- agreement of August 28, 1974. Such roads must be.completed not later than June 1, 1981. 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 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 DEVELOPMW T COMPANY f By: \11.111111 J1 1/!•i ............... 09'o TOWN OF ITHACA LC BY: Supervisor 1 • J • lu CJ 7 .11ade the clay of June .ltneteen Hundred and Eighty t 578 FACE 639 Between EASTWOOD COMMONS DEVELOPMENT COMPANY of .100 Fairview Square, Ithaca, New York, part y of the first part, and TOWN OF ITHACA, a municipal corporation with its principal office at 126 East Seneca Street. Ithaca. -New York, 14850 partyy of the second part, Witnesseth that the part y of tete first part, in.consir7eration of One and GO/100--------------------------------- nollrtr (51.00----). lawful money of the United States, and other good and valuable consideration paid by the part Y of the second port, do es hereby grand and release unto the part y - of the second part, its successors and assigros forever, all THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca. Tompkins county, 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 premises described in the deed from Eastwood Commons Development Company to the Town of Ithaca dated October 30, 1979. recorded October 31, 1979 in the Tompkins County Clerk's Office in Book 574 of Deeds at page 33 and which.point of beginning is located the following three courses from the intersection of the south line of Strawberry Hill Road and the east line of wildflower Drive adjacent to the paved parking area.as shown on the hereinafter mentioned map: north 67 degrees 9 minutes 45 seconds east 200.35 feet to a point; north 33 degrees 15 minutes 47 seconds east 51.51 ,feet to a point; north 18 degrees 6 minutes west 23.99 feet to the point of beginning; From said point of beginning running north 18 degrees 0 minutes'6 seconds west along the easterly line of Strawberry Hill Road as shown on said map a distance of 170 feet; running thence south 71 degrees 59 minutes 54 seconds west 50 feet to a point in the west line of Strawberry Hill Road as shown on said map; running thence south 18 degrees 0 minutes 6 seconds east 170 feet to a point, which .point is a northwesterly corner of the premises described in the aforesaid deed from Eastwood Commons Development.Company to the Town of Ithaca; running thence north 71 degrees 59 minutes 54 seconds east along the northerly line of said Town of Ithaca parcel a,distance of 50 feet to the point or place of beginning. It is the intention of this deed to convey a strip .170 feet by 50 feet of Strawberry Hill Road as shown on a map entitled "Development Plan - Phase I Eastwood Commons - Building Location Survey" revised many times and last revised November 16. 1979 to show Unit 17 lot and .road extension dimensions. a copy of which map was filed in the Tompkins County Clerk's Office on November 26, 1979 in map Cabinet 2. Envelope 55. Subject io 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. Being a portion of the prcm ises 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 ook 510 of Deeds at page 676. Y Together milk tit® appurtenances and all the estate and riehis (if the part y 18�,/j,�st Dart fend iosaid preinises, L�NL Jl�CaS FAGS To have and to hold the premises herein granted unto the part yI of the second part, itis successors and assigns forever. And said pkrty of the first part covenant s as follows: First, I'ltat the party of the second part shall quietly enjoy the said premises; Second, That said party of the first part will forever Warrant the title to said premises. In Witness Whereof, the party of the first part has hand and seal the day and year first above written. 3npresenmr of EASTWOOD COMMONS. ' DEVELOPMENT COMPANY BY: s hereunto set its State of New York ss. 'On this day of county of 4 Mneteen Hundred and before me, the subscriber, personally appeared to me personally known and known to me to be the sante person described in and who executed the within Instrument, and he acknowledged tome that he executed the same. Xotary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss On this day'of June, 1980, before me came NORBERT H. SCHICKEL, JR. to de 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 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 partn exship. Tax Parcel #p: Town of Ithaca, Grantee Mailing Address: Notary Public 1 0 1 0 1 • WYOUC08 • BARNEY ATTOW" AT LAW OMM9ANK StPLOM ra WX" 0 1ALS 578 TACE 64r -3- STATE OF NEW YORK ) ss.: COUNTY OF TOMPKINS ) On this 45-! day of July, 1980,.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.,/ ,, .Jolxrp 1'u'G i;a: u' ';car York ualifi -1 in 'Ponyr'.ins Cl part Terve Fxpirrs Tletcu 34. D9 �� STATE OF NEW YORK ) ss.; COUNTY OF TOMPKINS ) On this 25th day of July, 1980, before me came GEORGE KUGLER, to me known, who being by me duly sworn, did depose and say that he resides at 101 Pineview Terrace, 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; 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 ITH---- thereto by like order. Notar lulfh C- GA17-1• Y St�f . of NcN York ,Q�alific8 in 55-06-,35�fL1 Pires 1Alsrehu � 19 4 8'� npkins COW", IS: Q,,I,tS�.(,t ....... , C.',. 0 k :1�:.'/�' ' Lib9�.�..Q....... o......j.... .••........ AA —IV rsp� ................`Y.3. %...... •1►d a................... (344