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HomeMy WebLinkAboutAnnexation Document 262258-001` 4©69 troy 30 PAcE 952 DOCUMENT OF ANNEXATION OF LANDS TO LANDS COVERED BY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF EASTWOOD COMMONS DEVELOPMENT COMPANY a This document of annexation made on the date hereinafter set forth by Eastwood Commons Development Company and/or Eastwood Commons Building Corp., hereinafter referred to as "Declarant". t WITNESSETH: WHEREAS, declarant is the owner of certain property in the Town of Ithaca, Tompkins County, New York, hereafter described; and WHEREAS, declarant has previously filed a declaration of a covenants, conditions and restrictions dated September 11, 1973, binding upon certain lands then owned by declarant which document was recorded in the Tompkins County Clerk's Office on September I 12, 1973 in Book 19 of Miscellaneous Records at page 198; and WHEREAS, said declaration was amended by an amendment dated August 29, 1974 and recorded in said Clerk's Office in Book 20 of Miscellaneous Records at page 142 and further amended by an -' amendment dated January 22, 1979, and recorded in said Clerk's Office on April 11, 1979; and ` WHEREAS, no FHA or VA mortgage was placed on one or more of f the lots related to the declaration at the time of the sale of such lot by declarant; and WHEREAS, the annexation effected by this document is occurring within fifteen years from the date of the. original declaration, thereby permitting same to be made without the consent of any of the members of Eastwood Commons Residents Association; and WHEREAS, the lands annexed by this instrument are additional land within the area described in the deed from Enos A. Pyle to f Eastwood Commons Development Company dated September 11, 1973, recorded in the Tompkins County Clerk's Office in Book 510 of Deeds at page 676; NOW THEREFORE, declarant hereby declares as follows: 1. Pursuant to Article X, Section 4, Subdivision (b) of the above -mentioned declaration the property described in Exhibit A annexed hereto, shall be annexed to, and shall be held, sold, and conveyed subject to the easements, restrictions, covenants and. conditions, of said declaration, which are for the purpose of protecting the value and desirability of, and which shall run 1 ,x t�. .:.�+,rz.-.s,..r:.,ca-"9-�,c.:,�v:a.r-.aytva+:•:wr.�r,r�,.,.�,c+Mwnra+,.c+�•-a..r..e.w��•aF,.,,•r ,:,��, ,-.., �. n•,.r...,. ,. ...,....... .,:..:...,.n ,.,.. �o..•...:..•...,,: .e.,w... .. .. ..,... .�... .. -..•, .... tiw�. _.,... .+...n..+w.•..r...�..•<•, _..,n;rnmeer�fe+a«...._«.•,..u++w.+...we�< �.g+...._:..o,„•�:ee.;.�.�,w.,.�, , _ :...,,..�•.«:«..,.v». -; .:. :, :.: .. ....E.........,�.�„ .N .�-,....«,vn. , ..,,r.;.... . • UIER 30 PAGE 953 SCHEDULE A All that tract or parcel of land situate in the Town of Ithaca, Tompkins County, New York, being a part of the Eastwood Commons Subdivision and being more particularly bounded and described as follows: �F BEGINNING at a point in the southerly line of Proposed Road "B" which point is located South 67-09-45 West 135.48 feet from the intersection of the westerly line of Wildflower Drive and the southerly line of Proposed Road "B" and which point is also the northwest corner of Lot fl and northeast corner of Proposed Lot 33 on a map entitled "Development Plan - Phase I, Eastwood Commons" last revised June 15, 1987, a copy of which is being filed concurrently herewith in the Tompkins County Clerk's Office; running thence South 67-09-45 West along the southerly line of Proposed Road "B" a distance of 110.15 feet to a point, which point is the intersection of the southerly line of Proposed Road "B" and the easterly line of Hartwick Road; thence South 06- 18-04 West along the easterly line of Hartwick Road a distance of 80.28 feet to a point; thence South 84-00-29 East a distance of 150.0 feet to a point; thence North 06-18-04 East a distance of 14 feet'to a point; thence North 18-00-06 West a distance of 130.68 feet to the point or place of beginning. Being the same premises conveyed from Eastwood Commons Development Company to Eastwood Commons Building Corp. by deed dated October 24, 1986 and recorded in the Tompkins County Clerk's Office on October 24, 1986 in Liber 621. of Deeds at Page 602 and by deed dated December 19, 1986 and recorded in said Clerk's office December 19, 1986 in Libor 622 of Deeds at Page 112¢. MM s t UDER 30 PAM 954 with the real property and be binding on all parties having any right, title and interest in the described property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. The premises referred to in the annexed Schedule A are known generally as Lot 33 of the Eastwood Commons Subdivision. 2. By agreement of the declarant (sponsor) with the Board of Directors of Eastwood Commons Residents Association the units presently being constructed on the premises hereby annexed shall have the assessments equal to the following percentages of the assessments on Class "I" lots in Phase I: Lot No. Percentage of Class I Lot 33A Assessment 118% 33B 118% 33C 122% 3. The signature on behalf of Eastwood Commons Residents Association, Inc. on this document indicates the consent to the amounts of the foregoing assessments. IN WITNESS WHEREOF, this document of annexation has been executed by Eastwood Commons Development Company and Eastwood Commons Building Corp. this / gt�day of J" Uw,.g. r 1987. EASTWOOD COMMONS DEVELOPMENT COMPANY AGREED: EASTWOOD COMMONS RESIDDEENNTS ASSOCIATION, INC. By: !! C Pres eq�EJ r 2 t By: Genera P1 artner EASTWOOD COMMONS BUILDING CORP. By: President t roi-.a-9.roY:'•..v #.�1°Mrzx,... aa.r ?Tv. stv7�M :tr�.v�..ai.'pr'v/N'N.•..^.e4v .•y�,�. ^.��f: .+.�.n ." .s ^:�.': sf a+i�w#:�••JE:'^'. •., •..i..:,}+vv H!r i..�a.L1.MP-�'ll.8r. d.... ,..,...^r.... .. ��:.vh �NT...••.•a.xe,r.:W..RUIaI.F�.'i.+'�..i. 1 t .r--.'nt: Y'.VA141RMYMN`^!!r.".:..'$. �.-.--"�sl ^N�MM•�•. h-Jr ..... nN.... ..,-.a w. .r.._an..a�aawus ... aa.'.eYiilMM'W-R1011.1Y../w%nri.... ,.•-.,pM1A�y..f•, r... .. F 2 • . Litu 30 PAGE 955 STATE OF NEW YORK COUNTY OF TOMPKINS as On e7WAAL- / 9 1987, before me personally 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, 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. Public Notary NOtAM STATEWN"O STATE OF NEW YORK W '4'—^t4 COUNTY OF TOMPKINS COMMISSSION0'.. On �_ / 9 1987, bore me personally 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, Dryden, New York; that he is the president of Eastwood Commons Building Corp. the corporation described in and who executed the foregoing instrument; that he was fully authorized by said corporation to execute such instrument; that he executed said instrument and such execution was on behalf of said corporation. I jze:::�4 Notary Public NOR6EiR M E1NCK8.= ' IRMW VU6Ur, STATE OF NEW V= TOMFKYIS c01�f f QUAUFIEO 1N COMMISSION EXPIRES 1 4019 4 Tompkins County, as: � .. I , 3(�if/e— R�ryyoryy�'� on the ,. . C,,ay of ..... 9 .....' / o`ck, . M., in LtLer ..�......3YGi...... of ....,(,. �i.,...... at pope ...i...... ..,... and e;:an nj�:���/f""A . ..,.,.. .., ru. i................ Clerk P r