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HomeMy WebLinkAboutCorrespondence re Summerhill and East Hill Plaza stripJohn C.Barney PETER G.Grossman DAVID A.Dubow Randall B.Marcus William J.Troy mi Jonathan A.Orkin BARNEY,GROSSMAN,DUBOW &MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST SUITE 400 1 19 EAST SENECA STREET ITHACA,NEW YORK 148S0 Mr.Fred Noteboom Town of Ithaca Highway Superintendent Highway Department 106 Seven Mile Drive Ithaca,New York 14850 Re:Walkway at East Hill Plaza Dear Fred: (607)273-6841 October 22,1999 Facsimile (607)272-8806 (NOT FOR SERVICE OF PAPERS) Following up on our conversation of yesterday, it does appear that the Town of Ithaca acquired a 10 foot by 173 foot strip of land leading from Summerhill Lane westward to the Mall. Enclosed for your information is a copy of a deed from James Lynch,et al.(the developers of the East HillPlaza)to the Town of Ithaca dated May 2, 1980 apparently conveying the strip of land. Also enclosed is a portion of Town of Ithaca Tax Map 62. It appears we own the parcel shown as tax parcel 62-2-13.3.I have circled the parcel on the map. Finally, also enclosed (since it appears I neglected to include you on the copy list of my initial letter on this issue) is a copy of the survey map done by Mike Reagan showing the encroachment of our sidewalk on the Purdy property. I would guess that the sidewalk was installed initially by the developers of the plaza in its present location. In talking with Dan Walker about this matter we concluded, subject to your thoughts, that rather than sign some sort of an indemnity agreement or other encroachment agreement that we would simply remove the portion of the pavement that encroached onto Purdy's property.If this seems feasible,perhaps youandDan could arrange to go ahead anddo the removal.If there is a problem in this regard, we shouldprobablydiscuss it. In either event, I would appreciate you and/or Dan letting me know what the proposed actions are so that I can pass them onto the lawyers (both of whom seem to be in my office) for the Purdys. With best regards. JCB:sls Enclosures xc:Honorable Catherine Valentino Mr.Dan Walker SiMerely-vours, I xn/ay U9:4S FAA 16072724041 PUBLIC ABSTRACT csi 'O I'OIlM iioyi H.T.i«:»a._uuiT ri^iM :^4±3 6!T^ai Ji/ade Slr&mi JAMES J Eighty •^oy of street,Horeeheada,Mew Vork THE TOWN OP XTHACA ,Tovm Hall ,''ithaca °^N|5®T^5?,f One ^e^onrf part. Iuw/hI uioney of the Unitad States,ax^A other good and ^ ^-ecoiM/pan,da /-elceae and qxtUelaim.unto the part y of the aecond part,ite successors and assigns forever,all 0.104-^situate in the Town o£Itha.ca,ounty of Tompkins and State of New Vork,more particularly hounded and aeacrlbed as rollova:Cotnmencing at a point in the eenterline of Ellis iollow Road,-said point being North CS"*55*00"West,767.60 feet from the Southeast corner of lands conveyed by William S.,Barnes by deed dated December 27,1968 and recorded-in Eiher 47 9 of .Totnpkins County Deeds at Page 313;thence running North 24«05'.00"East,25 feet to a point in the northerly limit of Ellis.Hollow Road;thence along the• easterly property line of lands now or formerly of Ridley,in.a Northeasterly .direction on.the arc of a circle vrith-a radius of 2,d2i.2.< feet,a distance of 339.83 feet to the southeasterly comer of premises hereby conveyed;thence running North 63"07'00"West a distance of .173,5.5 feet along the Northerly boundary of lands of Ridley;..thence running North 26®53'00"East,10.00 feet to-the lands how 'or formerly of Purdy;thence running South 63®07'00"East;174.29 feet along land'; of Purdy to a point;t.hence running Southwesterly on the.arc of a circle with a radius of 2,821.24 feet,a distance of 11-.556-feet to the point and place of.beginning.Being 1«739 square feet of land,-more or-less. SUBJECT-;.HOWEVER,to all easements,rights of way and matters of record affecting the same;and RESERVING to the grantors herein, their heirs and assigns,a right-of-way over,through,under .and upon the .above—described premises in conunon with others. Being a portion Of the lands conveyed to the patties of the first -par-t by deed dated September 14,1976 and recorded October 7, 1976 in the Tompkins.Cofunty Clerk's Office,- .Being a portion of.Pared No,62—2—13,as .shoiim on the Town of Ithaca,Tompkins Couhty Tax Map,and also being situate,between Parcel No.2.and Parcel "N/F Ridley",as shown on a survey map prepared by Weiler Associates,dated September 23,1976-,Job -No.RE:122 4,a .-copy of which was filed.in the.Tompkins County Clerk's Office on October 7, 19.76. York. Tax Mailing Address:Town Hall,Town Of Xthaca,Xfhaca,New 002 I I I I  U 19/89 09:45 FAX 16072724941 PLIBLIC ABSTRACT l.lBLk -676 fAW 13. t3lD3rtl}rr n:Uh the.apfuprLc-n^ucaa ami all tha eaLate ami rl^htti of tfeo of thti flr»(parl lit-ami to s€lUl protttiaca,' QId ||our atiZl to Jjolik t/tc protttiaea hcoin-^raatcd tt-ti.(o tho part.y of the aecaiul part,auccessora ami aaai^na forever. .3lu XDUitctlo iniirrrof,the purof ihe/Irtti.part htNo. /lanci s ami aeals.the Uay-aml year Jlr*^ahf'vo written. ^UrcscMcc of —in $-- REAL ESTATE jUL 7 \SOO TRAM?ER TAX COUMii. herennto act bheir frialc oC S™.««rli On tM,./«i,»/• (Cauuui of CBEMUNG :;^J^'ineteen Jlumlred and EighEy ^^ before me,the atrbaerih.er,peraunalfy appeared aAMES J-I.yNCH,STEWART D.KHOWLTOM AND ROBERT A.GROFF to me pcraonafly k'notrii:and hnotcn to me to he the aamc pcraon-a juVtowithininatrnment,and t hey severally aetcnowUd&ed to me that t/iey executed the aame. '/AI NoEary 'Public M^Rir.vN n AKTinus frialt of Sfcui Viirk . (^luiiji of J Mnateen.Hu-ndred and before me.the «££6»crt&er,peraonally appeared  NaUtr fttbll*.«l H**Tvfk SMt* CW**«a«»M C0.*A07B*7d ^, CvBiBtelM ta»oti««klwcb 10.19fl/ day of @ 003 to me personally tcn^own and J^aown to me to be the same person who executed the within InalrumetU,and ite to rma that exeeiUed-the same. deaeribcd iit and 'aolcnowled$ed ^h= C\J S5 ^ I 7(1^ rs? sz J.. S K ceEmC9 ^3 S ^ la §ee M So t4SMca <H Q r?U>c4 9.S Ku O o .. ..a T m'poso .. „w / o li $ I ^a S a t a 9 9IT 5 O - -A1J23\ —u :\ i nu« ^>1- g III 13.2 1.93 AC 'HI \ 12 \\ 4J02 AC 52 / CORH£LL V