HomeMy WebLinkAboutHicks - Deed 13 Waterwagon Rd. Il���l �l���llllll����lill� lllIII�IIII
Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
J SCOTT HICKS Tompkins County Clerk
ENV 320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: DEED Receipt Number: 15-111402
Grantor(Party 1) Grantee(Party 2)
KASHDIN, ROBERT HICKS, I SCOTT
Fees Transfer Amt: $110,000.00
Recording Fee $20.00 Instrument #: 2015-14797
Pages Fee $45.00 Transfer Tax #: 000809
State Surcharge $20.00
TP-584 Form Fee $5.00
RP-5217 Form Fee $125.00 Property located in Lansing
State Transfer Tax $440.00
County Transfer Tax $220.00
Total Fees Paid: $875.00
State of New York
County of Tompkins
Recorded on December 10th, 2015 at 3:41:48 PM
with a total page count of 9.
4Y�Q-f"
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Real Property Law of the State of New York
Do Not Detach
c 12/10/2015 03:41 48 PM
MMC iVR IS and TRV$1Ji.S' MM
THIS CONVEYANCE, made the Of day of December, Two Thousand and
Fifteen, between
ROBERT KASHDIN, of 4853 Carey Drive, Manlius, New . York 13104, as
Executor of the Estate of John W. Hicks and as Co-Trustee FBO The Lansing
Property Trust under Article Fourth of the Will of John W. Hicks and DOLORES
E. HICKS, of 1693 East Shore Drive, Ithaca, New York 14850, as Co-Trustee
FBO The Lansing Property Trust under Article Fourth of the Will of John W.
Hicks, and individually,
the Grantors, and
J. SCOTT HICKS of 13 Waterwagon Road, Ithaca, New York 14850,
the Grantee,
WITNESSETH that the Grantors, by virtue of the power and authority to
given in and by said Last Will and Testament, and in consideration of ONE
HUNDRED TEN THOUSAND and no/100 DOLLARS ($110,000.00) lawful money of the
United States, paid by the Grantee, do hereby grant and release unto the
Grantee, his successors and assigns forever, as follows:
ALL THAT TRACT OR PARCEL OF LAND described on SCHEDULE A annexed hereto
and made a part hereof.
TOGETHER with the appurtenances and all the estate and rights of the
Grantors in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the Grantee, his
successors and assigns forever.
The Grantors, in compliance with Section 13 of the Lien Law, covenant
that the Grantors will receive the consideration for this conveyance and
will hold the right to receive such consideration as a trust fund to be
applied first for the purpose of paying the cost of the improvement and the
Grantors will apply the same first to the payment of the cost of the
improvement before using any part of the total of the same for any other
purpose.
AND said Grantors covenant that the Grantors have not done or suffered
anything whereby the said premises have been encumbered in any way
whatsoever, except as aforesaid.
IN WITNESS WHEREOF, the Grantors have executed this deed the day and
year first above written.
ROBERT KASHDIN, Executor of the Estate of
John W. Hicks and as Co-Trustee FBO
The Lansing Property Trust under -Article
Fourth of the Will of John W. Hicks
DOLORES E. HICKS, Co-Trustee FBO The
Lansing Property Trust under Article
Fourth of the Will of John W. Hicks a
and Individually
STATE OF NEW YORK )
COUNTY OF C1)1HA- f ) ss. :
On the _!I_ day of Qe4m LO , 2015, before me, the undersigned, a Notary
Public in and for said State, personally appeared ROBERT KASHDIN, personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual or the person upon behalf of
which the individual acted, x ted the instruint
MICHAEL�. O�
NotAry PubliC State of New York n
No 4829694 ,
al�
Qualified ii,Tompkins Coun,4 p�� NOTARY PUB C
Commission Expires July 31, Y
STATE OF NEW YORK )
COUNTY OF )ss. :
On the day of ,w.,{w 2015, before me, the undersigned, a Notary
Public in and for said State, personally appeared DOLORES E. HICKS,
personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by
her signature on the instrument, the individual or the person upon behalf of
which the individual acted, executed the instrument.
MICHAEL R. MAY
Notary Public,State of New York /G ,
No.4829694
Qualified in Tompkins County .� NOTARY PUB C
Commission Expires July 31, ']0 t
This deed is also executed by J. Scott Hicks for the purpose of accepting
the terms hereof.
—J�
SCOTT HICKS
STATE OF NEW YORK )
COUNTY OF ) ss. :
On the �' day of L., 2015, before me, the undersigned, a Notary
Public in and for said State, personally appeared J. SCOTT HICKS, personally
known to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual or the person upon behalf of
which the individual acted, executed the instru ent.
NOTARY PUBLI
MICHAEL R. MAY
Notary Public,State of New York
No.4829694
Qualified in Tompkins County
Commission Expires July 31,
SC®ULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of
Lansing, County of Tompkins, and State of New York, bounded and
described as follows:
BEGINNING at a point in the center line of Waterwagon Road,
which point is located South 83° 42' 42" East measured along said
center line a distance of 140.84 feet from the center line
intersection of Waterwagon Road and New York State Route 34, a/k/a
East Shore Drive, and which point of beginning is also located
North 060 49' 13" East a distance of 30.22 feet from a point marked
by a set iron pin and cap;
Thence South 06° 49' 13" West a distance of 30.22 feet to a
point marked by said set iron pin and cap;
Thence South 830 42' 42" East a distance of 38.50 feet to a
point marked by a set iron pin and cap;
Thence South 060 49' 13" West a distance of 101.58 feet to a
point marked by a set iron pin and cap;
Thence North 87' 33' 03" East a distance of 13. 35 feet to a
point marked by a set iron pin and cap;
Thence South 060 01' 22" West a distance of 10.00 feet to a
point marked by a set iron pin and cap;
Thence South 86° 39' 45" West a distance of 10.00 feet to a
point marked by a set iron pin and cap;
Thence South 110 00' 13" West a distance of 116. 17 feet to a
point marked by a set iron pin and cap;
Thence South 15° 27' 21" West a distance of 367.79 feet to a
point marked by a set iron pin and cap;
Thence South 83° 21' 55" East (passing through a point marked
by a set iron pin and cap at 165.00 feet) a total distance of 185
feet, more or less, to a point in the center line of a stream;
Thence Northeasterly along the center line of said stream a
distance of 643 feet, more or less, to a point in the center line
of said stream that is on a chord tie of North 590 29' 24" East,
637.84 feet from the last described point;
Thence North 19° 40' 47" East a distance of 25 feet to a point
marked by a set iron pin and cap at the southeasterly corner of
premises reputedly owned by J. Scott Hicks (L. 744/P. 77) ;
Thence North 790 20' 10" West along a southerly boundary of
said J. Scott Hicks premises a distance of 205.20 feet to a point
marked by a set iron pin and cap;
Thence North 100 39' 50" East along a westerly boundary of J.
Scott Hicks premises a distance of 63.64 feet to a point marked by
a set iron pin and cap;
Thence North 79° 20' 10" West along a southerly boundary of J.
Scott Hicks premises a distance of 325.00 feet to a point marked by
a set iron pin and cap at a southwesterly corner of said J. Scott
Hicks premises;
Thence North 060 17' 18" East along the westerly boundary of
said J. Scott Hicks premises (passing through a point marked by a
set iron pin and cap at 86.14 feet) a total distance of 111.14 feet
to a point in the center line of Waterwagon Road;
Thence North 830 42' 42" West along said center line of
Waterwagon Road a distance of 150.24 feet to the point and place of
beginning, containing 5.4 acres (to center line of road) .
TOGETHER WITH the following:
1. An easement 15 feet in width for the use, repair,
maintenance and replacement of the existing water service line and
associated pumps and electric lines from an existing water meter
pit located within the bounds of New York State Route 34 and
extending generally northeasterly across premises labeled proposed
parcel "A" on the survey map hereinafter referred to to the
westerly boundary line of the above described premises labeled
proposed parcel "B" on the survey map hereinafter referred to, said
location of the water service line being as shown on said survey
map. This easement shall be 15' in width, the center line of which
is the existing water service line. If the surface over such water
service line is disturbed in the exercise of any of the easement
rights granted, the party responsible shall reasonably restore the
surface and shall not unreasonably interfere with the use of the
real estate over which this easement extends.
2. An easement for use, repair, maintenance and replacement
of utility lines and gas lines extending from public utility
services across the premises labeled proposed parcel "A" as shown
on the survey map hereinafter referred to, the location of such
public utility lines being as shown on said survey map.
3. For so long as Dolores E. Hicks remains a resident of the
premises at 1693 East Shore Drive in the Town of Lansing (being the
premises labeled proposed parcel "A" on the survey map hereinafter
referred to) , the existing sign for East Shore Storage located
northerly of the house on said proposed parcel "A" shall be
maintained in its current condition comparable to the existing sign
but with the telephone number being changed on said sign as
instructed by the Grantee and with the name of the business being
changed if the Grantee so desires (subject to the reasonable
approval of Dolores E. Hicks) , with the Grantee having the
authority to enter from New York State Route 34 for maintenance of
such sign (but with Dolores E. Hicks having the right to maintain
any landscaping/flower beds in the vicinity of such sign as she
reasonably arranges) . If in the exercise of these rights any
surface area is disturbed the party responsible shall reasonable
restore the surface and shall not unreasonably interfere with the
use of the real estate over which the sign is located. The rights
under this paragraph shall terminate upon the discontinuance of
Dolores E. Hicks residing in the premises at 1693 East Shore Drive
in the Town of Lansing.
4. A 30' wide right-of-way extending from New York State
Route 34 to the parcel conveyed herein, the southerly boundary of
such right-of-way being the southerly boundary of the parcel
labeled Proposed Parcel "A" on the survey map hereinafter referred
to, said right-of-way being labeled on such survey map as "Proposed
30' wide R-O-W.
SUBJECT TO the following:
1. An easement for the use, repair, maintenance and
replacement of the water service lines and associated pumps and
electric lines currently existing on the conveyed premises, that
serve the premises labeled proposed parcel "A" on the survey map
hereinafter referred to (1693 East Shore Drive, Town of Lansing) ,
with the location of such water service lines being as shown on the
survey map hereinafter referred to. Said easement shall be 15 feet
in width with the center line being the existing water service
lines. If the surface over such water service line is disturbed
when these easement rights are exercised then the party responsible
shall reasonably restore the surface and shall not unreasonably
interfere with the use of the real estate over which this easement
extends.
2. An easement for the use, repair, maintenance and
replacement of public utility lines and gas lines which extend from
Waterwagon Road over the above conveyed premises to provide public
utility services to the premises labeled proposed parcel "A" on the
survey map hereinafter referred to, the location of such public
utility lines being as shown on the survey map hereinafter referred
to.
3. Rights of the public in and to that portion of the above
conveyed premises located within the public highway of Waterwagon
Road.
4. Pole line easements granted to New York State Electric &
Gas Corporation as shown by easement recorded in Liber 455 of Deeds
at Page 477 and as shown on the survey map hereinafter referred to
and a pole line easement granted to New York Telephone Company as
shown by easement recorded in Liber 651 of Deeds at Page 1029.
5. Rights of ingress and egress for those premises located
westerly of and adjacent to the above conveyed premises over the
existing gravel drive extending from and to Waterwagon Road from
and to the easterly boundary line of the premises labeled proposed
parcel "A" on the survey map hereinafter referred to, all as shown
on the survey map hereinafter referred to.
6. A protective covenant that the surface of the portion of
the above conveyed premises described as a rectangular shaped
parcel at the extreme northwest corner of the above conveyed
premises shall not be disturbed nor shall the surface be changed in
any way that currently exists, including the right but not the
obligation, of the owner of premises labeled proposed parcel "A" on
the survey map hereinafter referred to mow the lawn or otherwise
maintain the surface of such rectangular area. Such rectangular
area is described as follows:
BEGINNING at a point in the center line of Waterwagon Road,
which point is located South 830 42' 42" East measured along said
center line a distance of 140.84 feet from the center line
intersection of Waterwagon Road and New York State Route 34, a/k/a
East Shore Drive;
Thence South 060 49' 13" West a distance of 30.22 feet to a
point marked by a set iron pin and cap;
Thence South 830 42' 42" East a distance of 38.50 feet to a
point marked by an iron pin and cap;
Thence North 060 49' 13" East a distance of 30.22 feet, more
or less, to a point in the center line of Waterwagon Road;
Thence North 83° 42' 42" West along the center line of Water
Wagon Road a distance of 38.50 feet, more or less, to the point and
place of beginning.
THE TERMS of paragraph 7 through and including 11, hereinafter
set forth, shall be subject and subordinate to the mortgage granted
on the same date as the date of this deed by J. Scott Flicks to
First National Bank of Groton:
7. The right of Dolores E. Hicks to store rent free one boat
in the East Shore Storage premises in a reasonably safe location as
would be used for the storage of any other customer's boat and the
right to store property in Unit #8 as it currently exists and the
right to store tractors, machinery, and a motor vehicle as
currently exists in the East Shore Storage premises rent free, with
such rights to exist for the remaining life of Dolores E. Hicks.
8. For so long as Dolores E. Hicks is alive, the Grantee
shall not cause or allow any mortgage, refinance, judgment, lien or
other obligation that encumbers or could encumber the title to the
real property conveyed above or any business assets located
thereon, or any replacement of such assets or improvements on such
real property, in an amount greater than One Hundred Ten Thousand
Dollars ($110,000.00) and Grantee further covenants and agrees that
so long as Dolores E. Hicks is alive, Grantee shall not sell or
otherwise convey any part of the above conveyed premises or any
other business assets located thereon to any other individual or
party without the express written consent of Dolores E. Hicks. The
parties agree that monetary damages will not be sufficient for any
breach of this provision and that in the event of a potential sale
or conveyance of the premises in violation of this provision,
Dolores E. Hicks shall have the right to seek specific performance
and shall also be entitled to all other legal rights to enforce or
otherwise compensate her for any violation of this provision. In
the event that the Grantee contemplates selling or conveying any
portion of the real property conveyed above or otherwise sell any
convey any business assets located thereon, Dolores E. Hicks shall
have an option to purchase back such premises for the sum of One
Hundred Ten Thousand Dollars ($110,000.00) . All rights under this
paragraph shall end upon the death of Dolores E. Hicks or upon her
execution of a release of any such rights, in her discretion.
9. In the event J. Scott Hicks dies before Dolores E. Hicks,
in such event Dolores E. Hicks shall have the option to buy back
the real property and business assets conveyed herein and any
replacement assets or other improvements on such real property
(hereinafter referred to as the "property") , for the sum of One
Hundred Ten Thousand Dollars ($110, 000.00) or the mortgage balance
on such property at the time of the death of J. Scott Hicks,
whichever is less. In the event that Dolores E. Hicks chooses to
buy back such property and three (3) or more years have passed
since the closing on the sale of the property to the Grantee and
Dolores E. Hicks has not, prior to the death of J. Scott Hicks,
provided written notice to the Grantee by certified mail, return
receipt requested, that the operation of the storage business or
any other activities on such real property have been a nuisance or
otherwise interfered with the quiet enjoyment of Dolores E. Hicks
in her residence located adjacent to the business real property,
then in such event if the option to buy back such property is
exercised by Dolores E. Hicks she shall pay an additional $15, 00000
(but again subject to a maximum payment by her of $110, 000.00) to
the Estate of J. Scott Hicks as the consideration for receiving
back such property as described herein. Dolores E. Hicks or her
agent shall provide notice of her execution of this option in
writing mailed by first class mail or hand delivered to the
Executor or other fiduciary of the J. Scott Hicks Estate within
ninety (90) days of her receipt of written notice of the name and
address of such Executor or other fiduciary and the name and
address of the Court that appointed such Executor or other
fiduciary. If such option is exercised, the closing shall occur
within ninety (90) days after the notice of exercise provided by
Dolores E. Hicks unless the failure to timely close is through no
fault of Dolores E. Hicks who shall have the authority to use all
legal means to compel completion of the closing. The price to be
paid by her shall be applied to pay any mortgage or any other lien
or encumbrance on the property such that good title is conveyed to
her on such purchase. If Dolores E. Hicks or her agent fails to
provide notice of exercise of this option within the aforementioned
ninety (90) day time period of her receipt of written notice of the
name and address of such Executor or other fiduciary then this
option shall end.
10. For so long as Dolores E. Hicks is alive no chain-link
face or other barrier shall be placed or erected around or on any
real estate being conveyed under this agreement herein without the
express written consent of Dolores E. Hicks. During the life of
Dolores E. Hicks there shall be no substantial change in the day-
to-day activities carried out or allowed on the premises as
compared to the business activities that have occurred there since
the death of John W. Hicks, so as to preserve the residential use
and quiet enjoyment of the neighboring property of Dolores E.
Hicks. If the parties hereto disagree as to whether any portion of
the restriction is violated, Robert Kashdin shall be enlisted to
examine the facts and make a binding determination, but if he is
then deceased or unavailable then a panel of three disinterested
parties as described above shall have the authority to examine the
facts and make such determination which shall be binding.
11. If the Grantee above defaults on any mortgage, note or
other debt instrument associated with the financing of the purchase
of the above conveyed premises, or associated with any refinancing
of the premises (defined as any financing transaction resulting in
a lien, mortgage, or other security interest in any of the real
estate conveyed herein or business assets located thereon) in such
event Dolores E. Hicks shall have authority to seek to assume any
such mortgage or other debt instrument and to compel the Grantee to
re-convey such real estate or business assets to Dolores E. Hicks
upon her assumption of such financial obligations. In such event,
if the creditor involved does not agree to the assumption of the
debt by Dolores E. Hicks then the Grantee shall fully cooperate in
arranging for Dolores E. Hicks to obtain her own financing or
otherwise to pay off or work out the debt involved that is secured
by the premises as part of her receiving conveyance of the premises
or business assets from the Grantee.
The above described premises are shown on a survey map labeled
"SURVEY MAP SHOWING PROPOSED 2 LOT SUBDIVISION LANDS OF THE ESTATE
OF JOHN W. HICKS MILITARY LOT 91; TOWN OF LANSING; COUNTY OF
TOMPKINS; STATE OF NEW YORK" by Reagan Land Surveying, the
certification of which is bated 07/06/2015, and which survey map is
incorporated herein by reference and is being filed concurrently
herewith in the Tompkins County Clerk's Office.
BEING A PORTION of the premises conveyed by deed of John
William Hicks and Sylvia J. Dorschel to John William Hicks dated
November 2, 1994 and recorded in the Tompkins County Clerk' s Office
on November 22, 1994 in Liber 740 of Deeds at Page 41. John William
Hicks, a/k/a John W. Hicks, died testate on November 1, 2013 and
Letters Testamentary on his estate were issued to Robert Kashdin by
the Tompkins County Surrogate's Court on April 11, 2014. Letters
of Trusteeship FBO the Lansing Property Trust (under Article Fourth
of the Will of John W. Hicks) were issued to Robert Kashdin and
Dolores Hicks (a/k/a Dolores E. Hicks) by the Tompkins County
Surrogate's Court on April 11, 2014. Such Letters Testamentary and
Letters of Trusteeship remain in full force and effect.
0