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HomeMy WebLinkAbout035160-0011 1 BUYOUCOs 8 BARNE ATTORNEYS AT LAW GOMM BANK BUILDING P.O. BOX 4B RMADA NEW YORK 14M 1 I let w 580 FACE 31, AGREEMENT THIS AGREEMENT made this 13 day Of October, 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 1 said roads 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 governed by the aforesaid Uf:th 580 FACE 32 -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 areincorporated 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 $6,000.00 as set forth in paragraph 8 of said agreement, and except that the abstract of title delivered to the Town shall be the same abstract previously delivered under said August 28th agreement updated to show the conveyance of the road governed by this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties as of the day and year first above written. WYOUCOS & BARNEY l ATUAHM AT LAW ° ahMos MMK WIIaM� PA box M MWA Mew YORK 14M EASTWOOD COMMONS DEVELOPMENT COMPANY � By: a P � I L TOWN OF ITHACA By:/ Supervisor 1 11 n 1 1 L� 1 0 1 ,Mo 00,nWWnw, .11ade the dad of .47poeteen dMPedred and Eighty TUTFALANIt 1•lU���.►�f�Ui•�Te••�C• rutile lrwAntAsMshwiAb &r4.* I 11t1 SW WE 3 Between EASTWOOD COMONS DEVELOPMENT COMPANY of 100 Fairview Square, Ithaca, New York, party of the first part, and TOWN, or ITHACA, a municipal corporation with its principal office at 126 East Seneca Street, Ithaca, New York, 14850, part y of tyre second part, Witnesseth that the party of the first part, in consideration of One and 00/100 -----------------------------Dollar ($ 1.00-- ) latufu.l rn.oraeyof the Lr►ited States, and other good and valuable consideration paid by the part y of the second part, does herel)y grant egad release unto the part y of the second part, its successors and ussins filler, cr, ald THAT TP -ACT OR PARCEL OF LAND situate in the Town c)E 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 Co,nmons Development Company to the Town of Ithaca dated July 29, 1980, and recorded August 4, 1980 in the Tompkins County Clerk's Office in Book 578 of De6ds at pag3 642, and which point of beginning is a southwesterly corner of Lot 18 as shown on the map hereinafter referred to; running thence south 71 degrees 59 minutes 54 seconds west along a northerly line of the premises above mentioned previously conveyed to the Town of Ithaca to a point in the westerly line of Strawberry Hill Road as shown on said map; running thence north 18 degrees 0 minutes G seconds west along the westerly line of Strawberry Hill Road a distance of 167 feet to a point; running thence north 71'd--grees 59 minutes 54 seconds east a distance of 50 feet to the east line of Strawberry Hill Road at the northwesterly corner of Lot 18 as shown on said map; running thence south 13 degrees 0 minutes 6 seconds east 167 feet to the point or place of beginning. It is the intention of this deed to convey a strip 167 feet by 50 feet of Strawberry Hill Road as shown on a map entitled "Development Plan - Phase I - Eastwood Coinmons - Building Location Survey", revised many times and last revised May 19, 1980, to show Unit 1.1, Unit 18, lot and road extension dimensions, a copy of which map was filed in the Tompkins County Clerk's Office on July 11, 1980 in Vault Box VII. SUBJECT to 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 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. ,,14J� a, BUYOU=& BARNEY ATTORNEYS AT LAW SAVINGS MNK BUILDING r,G. Sox to RNACA, NEW YORK I4840 Ifth 580 FACE 341 -3- STATE OF NEW YORK COUNTY OF TOMPKINS ) �ti On the A3 day of October, 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. , NotaX Public STATE OF NEW YORK ) ss.; COUNTY OF TOMPKINS ) On this /3 day of October, 1980, before me came NOEL DESCH, to me known, who being by me duly sworn, did depose and say that he resides at Updyke Road, Ithaca, New York, and that he is the Supervisor 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 ITHACA, and that he signed his na�AeAthereto by like order. 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