HomeMy WebLinkAboutHicks - Easement 13 Waterwagon Rd. �Ns CO
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Tompkins County Clerk Recording Page
Return To Maureen Reynolds, County Clerk
BOUSQUET HOLSTEIN PLLC Tompkins County Clerk
320 North Tioga Street
Ithaca, NY 14850
(607) 274-5431
Document Type: EASEMENT Receipt Number: 23-386595
Grantor(Party 1) Grantee (Party 2)
HICKS, J SCOTT YOUNG, JOHN F
Fees Transfer Amt: $0.00
Recording Fee $20.00 Instrument #: 2023-09984
TP-584 Form Fee $5.00 Transfer Tax #: 000572
Pages Fee $35.00
State Surcharge $20.00
Notation Fee $1.00
Total Fees Paid: $81.00
Refers To
2015-14797
2021-11465
State of New York
County of Tompkins
Recorded on November 8th, 2023 at
3:47:45 PM with a total page count of 7.
_On�
Tompkins County Clerk
This sheet constitutes the Clerk's endorsement required by section 319 of the Rea/Property Law of the State of New York
Do Not Detach
PM 11/08/2023 03:47:45 PM
2023-09984 11/08/2023 03:47:45 PM
TEMPORARY CONSTRUCTION
RIGHT-OF-WAY AND EASEMENT
FOR SEWER/WASTEWATER LINES AND FACILITIES
THIS INDENTURE is made the 2M day of A.,.jVi+ 2023, by and between
J. SCOTT HICKS, of 13 WATERWAGON, LANSING, NEW YORK 14882 ("Hicks"), the
"party of the first part"and
JOHN F. YOUNG of 106 EAST SHORE CIRCLE, ITHACA, NEW YORK 14850, SUSAN M.
BARNETT of 410 TRIPHAMMER ROAD, ITHACA, NEW YORK 14850, and JAMES R.
YOUNG and JULIE R. YOUNG of 294 SKINNER CREEK ROAD, PORT ALLEGANY,
PENNSYLVANIA 16743,together, the"party of the second part"(collectively, "Young/Bamett"),
WITNESSETH: that the party of the first part, in consideration of $1.00 and other good and
valuable consideration paid by the parry of the second part, does hereby grant and release unto the
party of the second, their respective heirs, executors, distributees, successors and assigns, the
following described rights in and to the following described parcels:
TEMPORARY CONSTRUCTION RIGHTS-OF-WAY AND EASEMENTS to lay, construct,
operate, maintain, alter, repair, remove, replace or change the size of sewer mains, collectors, and
pipes, together with any and all necessary or desirable related facilities, appurtenances and devices,
all of which shall be below the surface, with the exception of manholes, which will be located above
the surface to the least extent practicable (all herein and together, the "Sewer Facilities"), together
with the rights of free ingress and egress, for such purposes only, in, over, upon and under the
easement area located on the parcel of land situate in the Town of Lansing, County of Tompkins
and State of New York, said parcel being located at and known by the address of 13 Waterwagon
Road, Town of Lansing Tax Parcel 42.-1-1.130, said easement area described in more particular
detail on the Schedule A annexed hereto, made a part hereof and incorporated into this
instrument by reference (the "easement area"), such land being described in accordance with the
map referenced in said Schedule A,
BEING the purpose of said right-of way and easement to convey rights from party of the first
part to party of the second part for the purposes of constructing the Sewer Facilities, including
rights of free ingress and egress in, over and through the easement area as necessary or
appropriate to do so;
SAID TEMPORARY RIGHT-OF-WAY AND EASEMENT to be extinguished and to
terminate automatically and without any further instrument, writing or recording upon the
dedication of a permanent right-of-way and easement over the easement area to the Town of
Lansing, or to any successor or assign of the Town of Lansing, or to any sewer, wastewater,
improvement or special benefit district now existing or hereafter formed or created for the purposes
of constructing, maintaining, protecting, and improving such Sewer Facilities.
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2023-09984 11/08/2023 03:47:45 PM
TEMPORARY CONSTRUCTION
RIGHT-OF-WAY AND EASEMENT
FOR SEWER/WASTEWATER LINES AND FACILITIES
THIS INDENTURE is made the 23-+day of Acquit ,2023.by and between
J. SCOTT HICKS, of 13 WATERWAGON, LANSING. NEW YORK 14882 ("Hicks"), the
"party of the first part'and
JOHN F. YOUNG of 106 EAST SHORE CIRCLE, ITHACA, NEW YORK 14850, SUSAN M.
BARNETT of 410 TRIPHAMMER ROAD, ITHACA, NEW YORK 14850, and JAMES R.
YOUNG and JULIE R. YOUNG of 294 SKINNER CREEK ROAD, PORT ALLEGANY,
PENNSYLVANIA 16743,together, the"party of the second part'(collectively,"Young/Bamett"),
WITNESSETH: that the party of the first part, in consideration of $1.00 and other good and
valuable consideration paid by the party of the second part, does hereby grant and release unto the
party of the second, their respective heirs, executors, distributees, successors and assigns, the
following described rights in and to the following described parcels:
TEMPORARY CONSTRUCTION RIGHTS-OF-WAY AND EASEMENTS to lay, construct,
operate, maintain, alter, repair, remove, replace or change the size of sewer mains, collectors, and
pipes, together with any and all necessary or desirable related facilities, appurtenances and devices,
all of which shall be below the surface,with the exception of manholes, which will be located above
the surface to the least extent practicable (all herein and together, the "Sewer Facilities"), together
with the rights of free ingress and egress, for such purposes only, in, over, upon and under the
easement area located on the parcel of land situate in the Town of Lansing, County of Tompkins
and State of New York, said parcel being located at and known by the address of 13 Waterwagon
Road, Town of Lansing Tax Parcel 42.-1-1.130. said easement area described in more particular
detail on the Schedule A annexed hereto, made a part hereof and incorporated into this
instrument by reference (the "easement area"), such land being described in accordance with the
map referenced in said Schedule A,
BEING the purpose of said right-of way and easement to convey rights from party of the first
part to party of the second part for the purposes of constructing the Sewer Facilities, including
rights of free ingress and egress in, over and through the easement area as necessary or
appropriate to do so;
SAID TEMPORARY RIGHT-OF-WAY AND EASEMENT to be extinguished and to
terminate automatically and without any further instrument, writing or recording upon the
dedication of a permanent right-of-way and easement over the easement area to the Town of
Lansing, or to any successor or assign of the Town of Lansing, or to any sewer, wastewater,
improvement or special benefit district now existing or hereafter formed or created for the purposes
of constructing, maintaining, protecting, and improving such Sewer Facilities.
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2023-09984 11/08/2023 03:47:45 PM
AND AS TO THE ABOVE GRANT AND EASEMENT AREA, the parry of the first part does
hereby further covenant and agree:
l. The party of the first part, for himself and all of his successors and assigns, with respect
to the easement area located within his premises, covenants and agrees that no building or
structures shall be constructed or placed within the aforesaid easement area.
2. The party of the first part, for himself and all of his successors and assigns, with respect
to the easement area located within his premises, covenants and agrees that no trees or other
plants will be planted or cultivated that may interfere with the said easement area.
3. The party of the first part, for himself and all of his successors and assigns, with respect
to the easement area located within his premises, covenants and agrees that he will not authorize
or conduct any mining, excavation, construction or blasting within said casement area, other than
a right reserved by party of the first part to connect sewer line(s) serving his parcel to the
municipal sewer facilities.
4. The party of the first part, for himself and all of his successors and assigns, with respect
to the easement area located within his premises, covenants and agrees that he will not allow,
authorize, encourage, or engage in any conduct, directly or indirectly, that blocks, obstructs, or
interferes with the said ingress and egress rights of party of the second part, and their respective
successors, assigns, employees and agents.
5. The party of the first part, for himself and all of his successors and assigns, with respect
to the easement area located within his premises, covenants and agrees that this right of way and
easement shall be noted to the deed recorded as Instrument No. 2015-14797, and the following
provision shall be deemed to be recited in all conveyances of any land in the easement area
described above:
"Being the purpose of the said easement and right-of way to ultimately convey
rights to the Town of Lansing for sewer system purposes, including the
maintenance, management and improvement of facilities and appurtenances
installed and including the conveyance of rights both to the party of the second
part identified therein and to the Town to lay, construct, operate, maintain, alter,
repair, remove, replace or change the size of a mains, lines and any necessary or
desirable appurtenances and devices, together with the rights of free ingress and
egress for such purposes in, over, upon and under the described area of the said
permanent easement and right-of-way: all of which rights are (1) set forth in a
permanent easement and right-of-way granted both to the Town of Lansing, the
terms,obligations and conditions of which are expressly incorporated herein,and (2)
assignable by the said Town to any successor or assign, or to any district, or other
special benefit or improvement district or area, now existing or hereafter formed or
created."
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2023-09984 11/08/2023 03:47:45 PM
TO HAVE AND TO HOLD said right-of-way and casement unto the parry of the second part, its
successors and assigns, for so long as said right-of-way and easement shall remain in effect; it being
the intent of the party of the first part and the party of the second part, its successors and assigns,
that this easement and right-of-way shall now and hereafter run with the land until such time as this
easement and right-of-way is extinguished and terminated upon the dedication of permanent right-
of-way and easement over the easement area to the Town of Lansing, or to any successor or
assign of the Town of Lansing.
IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day
and year first above written.
IN PRESENCE OF:
J. t. Hicks
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss:
On the
.Z.3 day of t-c.S-t' , in the year 2023 before me, the undersigned, 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
instrument.
Notary PuBlic
ANGELA P.ZHE
Notary Pubk State of New York
No.01ZH6168176
Qualified in 7ompi ine County
My Commission Expires June 11,20.1:�
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2023-09984 11/08/2023 03:47:45 PM
TO HAVE AND TO HOLD said right-of-way and easement unto the party of the second part, its
successors and assigns,for so long as said right-of-way and easement shall remain in effect; it being
the intent of the party of the first part and the parry of the second part, its successors and assigns,
that this easement and right-of-way shall now and hereafter run with the land until such time as this
easement and right-of-way is extinguished and terminated upon the dedication of permanent right-
of-way and easement over the easement area to the Town of Lansing, or to any successor or
assign of the Town of Lansing.
IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day
and year first above written. '
IN PRESENCE OF:
t
J. (. Hicks
STATE OF NEW YORK )
COUNTY OF TOMPKINS) ss:
On the 13`a day of AM tt.S4- in the year 2023 before me, the undersigned, personally
appeared J. Scott Hicks, personalty 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
instrument.
Notary Public
AA OB A P.ZHE
Notary Pubk State of New Yodc
No.01210188178
oudGed In Tompkmi County
My CommWon ExpWs June 11,2Q,9
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SCHEDULE A
The easement area shall consist of a parcel of land situate in the Town of Lansing,County of Tompkins
and State of New York,being a portion of the property located on Waterwagon Road described in the
Deeds recorded in the Tompkins County Clerk's Office at Instrument Numbers 2015-14797 and 2021-
11465,identified as Town of Lansing Tax Map No.42:1-1.130(the"S.Hicks Property"),which easement
area is more particularly bounded and described as follows:
BEGINNING AT A POINT located at the southwesterly corner of the S. Hicks Property,said
point also being the southeasterly corner of premises of Dolores E.Hicks(2016-1073,Town of
Lansing Tax Map No. 42.-1-1.122; the"D.Hicks Property"),and said point being located
on the municipal boundary line between the Town of Lansing(to the north) and the Village of
Lansing(to the south);
Thence running northerly along the westerly line of the S. Hicks Property (which line is the
easterly line of said D.Hicks Property)a distance of 207'+/-to a point(this course being referred
to hereinafter as the"westerly line of the easement area");
Thence running southeasterly a distance of 312'+/-(this course being referred to hereinafter as
the "northerly line of the easement area") to a point in the centerline of a small stream,which
point lies 155' +/- northeasterly from the intersection of the centerline of said stream with the
municipal boundary line between the Town of Lansing and the Village of Lansing;
Thence running northeasterly along the centerline of said stream,a chord tie of 601'+/-to the
point where said centerline of stream intersects the easterly line of the S.Hicks Property;
Thence running southeasterly along the easterly line of the S.Hicks Property,which line is also
the westerly line of premises of Young/Barnett(568595-001,Town of Lansing Tax Map No.42:
1-1.129),a distance of 43'+/-;
Thence running southwesterly, parallel to, and at a distance of 40' from, the centerline of said
stream,a chord tie of 593'+/-to a point;
Thence running northwesterly, parallel to, and at a distance of 30' from, the northerly line of
the easement area,a distance of 305'+/-to a point;
Thence running southerly, parallel to, and at a distance of 30' from, the westerly line of the
easement area,a distance of 168' +/-to a point in the southerly line of the S.Hicks Property;
Thence running westerly along said southerly line of the S.Hicks Property 30' +/-to the point
or place of the beginning,containing.92 acres of land more or less.
Said easement area is intended to be a strip of land 30' in width to the extent such easement area lies
northwesterly of the aforementioned stream and a strip of land 40' in width to the extent such
easement area lies southeasterly of said stream,and said easement area is depicted on and described in
accordance with a map entitled,"Proposed Sanitary Sewer Plan,Lansing Sewer District#1,Lansing,
2023-09984 11/08/2023 03:47:45 PM
New York,"as drawn by Timothy C.Buhl,P.E.and dated September 27,2023,a copy of which map is
annexed hereto,incorporated herein by reference and made a part of this instrument.
2023-09984 11/08/2023 03:47:45 PM
New York,"as drawn by Timothy C.Buhl,P.E.and dated September 27,2023,a copy of which map is
annexed hereto,incorporated herein by reference and made a part of this instrument.
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