2.8 2.8
ROAD DEDICATIONS\John Clendon Road—Joe Leuci—Cash Escrow-2-26-18
RESOLUTION ACCEPTING DEDICATION OF JOHN CLENDON ROAD IN
JOHN CLENDON HIDDEN ESTATES SUBDIVISION
RESOLUTION NO. ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, John Clendon Hidden Estates, LLC (Developer) has offered a deed to the Town
of Queensbury to dedicate John Clendon Road in the John Clendon Hidden Estates Subdivision to the
Town of Queensbury as more particularly described in a survey map prepared by VanDusen& Steves,
Land Surveyors, dated January 03, 2018, and
WHEREAS, the Town Highway Superintendent has inspected the road and recommended its
acceptance contingent upon the Developer: 1) completing the top soil and hydroseed by April 30th,
2018; and 2) entering into an Escrow Account with the Town in the amount of$25,000 to ensure the
Developer's completion of the top coat of the black-top within two (2)years of the date of acceptance
or by February 26th, 2018; and if applicable, all drainage easements being in place, and
WHEREAS, the Developer has informed the Town that he has no objection to providing the
Town with a $25,000 cash escrow and entering into an Escrow Agreement to ensure placement of the
top coat on the road consistent with the Town Highway Superintendent's requirements, and
WHEREAS, the Town Water Superintendent has indicated that an inspection has been made
of the water mains and appurtenances installed in the John Clendon Hidden Estates Subdivision and the
installation has been made in accordance with the requirements of the Town Water/Wastewater
Department, with the Developer to be responsible for the installation's repair and maintenance for one
year from the date of Town Board approval of the road dedication or through February 26t'', 2018, and
WHEREAS, the Town's Director of Planning, Zoning and Code Compliance has confirmed
that he has inspected John Clendon Road and it was found to be in general compliance with the
requirements of his office,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of
John Clendon Drive in the John Clendon Hidden Estates Subdivision contingent upon:
1. The Town Highway Superintendent confirming that street and/or stop signs have been
installed;
2. The Developer completing the top soil and hydroseed by April 30", 2018;
3. The Developer providing the Town with a $25,000 cash escrow and entering into an
Escrow Agreement to ensure placement of the top coat on the road consistent with the
Town Highway Superintendent's requirements; and
4. All documentation related to such dedication being in form acceptable to Town
Counsel; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any
and all documents necessary to complete the transaction including all real property forms and the
Escrow Agreement substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Developer to record the
2
deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and
maintained in the Queensbury Town Clerk's Office, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the
roads to the official inventory of Town Highways as follows:
Name: John Clendon Road Road Number:
Description: Beginning at the existent John Clendon Road and continuing in an easterly
direction a distance of 1,485±' and .0 hundredths of a mile and ending at a cul-
de-sac.
Feet: 1,485±' and .0 hundredths of a mile
Duly adopted this 26ffi day of February, 2018,by the following vote:
AYES :
ABSENT:
NOES
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To: Queensbury Town Board
From: Thomas Van Ness
Date: February 13, 2018
Re: Acceptance of John Clendon Road
I have inspected John Clendon road. At this point and time, the Top soil and Hydroseed need to be
completed by April 30, 2018.
To the best of my knowledge it meets the specifications set forth by the Town of Queensbury Highway
Department. I hereby recommend its acceptance.
Respectfully,
Thomas Van Ness
Highway Superintendent
Queen sbury Highway Department
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To: Bob Hafner, Pam Hunsinger&John Strough
From: Thomas Van Ness
Date: February 13,2018
Re: Top Coat for John Clendon Road
I have measured John Clendon road and recommend an escrow account in the amount of$25,000.00
thousand dollars is needed to be set up for the Top Coat to be completed.
Respectfully,
/441_
Thomas Van Ness
,-~ ^_—
ThonoasVanNess
Highway Superintendent
Queensbury Highway Department
AGREEMENTS\ESCROW AGREEMENT—John Clendon Road—2-26-18
ESCROW AGREEMENT
AGREEMENT, made as of the 26th day of February, 2018, between the TOWN OF
QUEENSBURY, County of Warren, State of New York (hereinafter referred to as the
"TOWN,") a municipal corporation having its principal place of business at 742 Bay Road,
Queensbury, New York 12804 and JOHN CLENDON HIDDEN ESTATES, LLC, Federal
EIN No.: and located at 9 Mountainside Drive, Queensbury, New York 12804
(hereinafter referred to as the "DEVELOPER").
WITNESSETH:
WHEREAS, by Town Board Resolution No.: ,2018 (attached hereto as Exhibit A),
the Town authorized dedication of John Clendon Road ("Road") in the John Clendon Hidden
Estates Subdivision, to the Town of Queensbury contingent upon the DEVELOPER providing
the Town with cash escrow in the amount of$25,000 to ensure completion of the top coat of the
Road within the next two (2) years, and
WHEREAS, the TOWN and DEVELOPER wish to enter into an Escrow Agreement to
provide for the $25,000 in escrow funds, and
WHEREAS, the DEVELOPER agrees to pay for the top coat in the manner set forth in
this Agreement,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS HEREIN CONTAINED, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. DEVELOPER agrees to reimburse the TOWN for the cost of the top coat of the Road if
DEVELOPER does not complete such top coat within the next two (2) years or by February 26th
2020, without further approval of the TOWN BOARD and DEVELOPER.
2.
A. For the purpose of such reimbursement, DEVELOPER shall deliver an initial
amount of $25,000 to the Town Budget Officer as Escrow Agent to be held in
escrow in a separate interest-bearing account ("Escrow Account") opened in the
name of the TOWN with the Town of Queensbury having sole signatory authority
on the account.
B. The Escrow Agent shall establish the interest bearing account as described above
and deposit the funds in the account.
3. The Escrow Agent shall release monies in the escrow account in accordance with the
1
following procedure:
A. DEVELOPER Timely Completes Top Coat. Upon receipt of written
confirmation from the Town Highway Superintendent that DEVELOPER has
completed to the Highway Superintendent's satisfaction the top coat of the Road
within the required time period, the Escrow Agent shall pay all amounts in the
Escrow Account to DEVELOPER. In such case, this Agreement shall be deemed
terminated.
B. DEVELOPER Does Not Timely Complete Top Coat. Upon receipt of written
confirmation from the Town Highway Superintendent that DEVELOPER has not
completed to the Town Highway Superintendent's satisfaction the top coat of the
Road or that such work has not been completed to the Town Highway
Superintendent's satisfaction by February 26th, 2020, the Escrow Agent shall
immediately deliver to the TOWN the entire amount in such Escrow Account.
DEVELOPER acknowledges and agrees that, should it fail to complete such work
to the satisfaction of the Town Highway Superintendent by the date indicated, the
TOWN may use such funds (including interest) as the Town Highway
Superintendent shall determine necessary to complete such work and may
undertake to complete such work either by contract or Town Law or force
account, at such time as the Town shall deem appropriate. DEVELOPER further
agrees that it shall be liable and obligated for any costs for such work incurred by
the TOWN that should exceed the amount on deposit. If such costs are less than
the deposited amount, the TOWN shall return the balance of the Escrow Account
to DEVELOPER.
4. The terms and conditions set forth in paragraph 3 set forth all duties and responsibilities
of the Escrow Agent in connection with the release of funds from the Escrow Account and in the
event that the Escrow Agent complies with the terms of paragraph 3, the Escrow Agent's duties
and responsibilities under this Agreement shall be deemed complete.
5. Any funds together with interest remaining in the escrow account upon termination of this
Agreement shall be returned within thirty (30) days of such termination by the Escrow Agent to
the DEVELOPER.
6. The terms of this Agreement shall not create any right in any person, firm, corporation, or
entity other than the parties of this Agreement and their respective successors and permitted
assigns and no third party shall have the right to enforce or benefit from these terms.
7. It is agreed by the parties to this Agreement that no representations are made by the
TOWN that completion of the top coat will be equal to or cost less than $21,712. In the event
that the cost of the top coat is over $25,000 or the top coat is unacceptable to the TOWN, the
TOWN and Escrow Agent shall bear no responsibility or liability.
8. This Agreement contains the full "understandings of the parties. If any clause or paragraph
in this Agreement is declared illegal or unenforceable by a Court of Law then the remainder of
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the Agreement shall be read as if such illegal or unenforceable clause or paragraph has been
omitted.
TOWN OF QUEENSBURY JOHN CLENDON HIDDEN
ESTATES, LLC
By: BY:
JOHN F. STROUGH, JOSEPH LEUCI
SUPERVISOR
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of , in the year 2018 before me, the undersigned, a notary
public in and for said state, personally appeared JOHN F. STROUGH, 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
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of , in the year 2018 before me, the undersigned, a notary
public in and for said state, personally appeared JOSEPH LEUCI 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
3
EXHIBIT A
RESOLUTION ACCEPTING DEDICATION OF JOHN CLENDON ROAD
IN JOHN CLENDON HIDDEN ESTATES SUBDIVISION
RESOLUTION NO.: ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, John Clendon Hidden Estates, LLC (Developer) has offered a deed to the
Town of Queensbury to dedicate John Clendon Road in the John Clendon Hidden Estates
Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by
VanDusen& Steves, Land Surveyors, dated January 03, 2018,and
WHEREAS, the Town Highway Superintendent has inspected the road and recommended
its acceptance contingent upon the Developer: 1) completing the top soil and hydroseed by April
30th, 2018; and 2) entering into an Escrow Account with the Town in the amount of$25,000 to
ensure the Developer's completion of the top coat of the black-top within two (2) years of the date
of acceptance or by February 26th, 2018; and if applicable, all drainage easements being in place,
and
WHEREAS, the Developer has informed the Town that he has no objection to providing
the Town with a $25,000 cash escrow and entering into an Escrow Agreement to ensure placement
of the top coat on the road consistent with the Town Highway Superintendent's requirements, and
WHEREAS, the Town Water Superintendent has indicated that an inspection has been
made of the water mains and appurtenances installed in the John Clendon Hidden Estates
Subdivision and the installation has been made in accordance with the requirements of the Town
Water/Wastewater Department, with the Developer to be responsible for the installation's repair
and maintenance for one year from the date of Town Board approval of the road dedication or
through February 26th, 2018, and
WHEREAS,the Town's Director of Planning, Zoning and Code Compliance has confirmed
that he has inspected John Clendon Road and it was found to be in general compliance with the
requirements of his office,
NOW, THEREFORE, BE IT
RESOLVED, that-the Queensbury Town Board hereby accepts and approves the dedication
of John Clendon Drive in the John Clendon Hidden Estates Subdivision contingent upon:
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• f
1. The Town Highway Superintendent confirming that street and/or stop signs have
been installed;
2. The Developer completing the top soil and hydroseed by April 30th, 2018;
3. The Developer providing the Town with a $25,000 cash escrow and entering into
an Escrow Agreement to ensure placement of the top coat on the road consistent
with the Town Highway Superintendent's requirements; and
4. All documentation related to such dedication being in form acceptable to Town
Counsel; and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute
any and all documents necessary to complete the transaction including all real property forms and
the Escrow Agreement substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Developer to record
the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and
maintained in the Queensbury Town Clerk's Office, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the
roads to the official inventory of Town Highways as follows:
Name: John Clendon Road Road Number:
Description: Beginning at the existent John Clendon Road and continuing in an easterly
direction a distance of 1,485±' and .0 hundredths of a mile and ending at a
cul-de-sac.
Feet: 1,485±' and .0 hundredths of a mile
Duly adopted this 26th day of February, 2018, by the following vote:
AYES :
NOES :
ABSENT:
5
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LOT 6
LOT 7
LOT 8
LOT 9
LOT 20
MAP REFERENCE:
1. "LEUCI - JOHN CLENDON ROAD SUBDIVISION"
BY: VAN DUSEN & STEVES LAND SURVEYORS AND
NACE ENGINNERING, P.C.
DATE: MARCH 15, 2016
LAST REVISED: JUNE 12, 2017
FILED: JULY 12, 2017
PLAT D-13
INSTRUMENT NO. 2017-3000063
LEGEND:
UTILITY POLE
= FIRE HYDRANT
L 164.a�
LOT 19
LOT 12
LOT 11
LOT 10
I HEREBY CERTIFY THAT THIS MAP WAS PREPARED
FROM AN ACTUAL FIELD SURVEY.
THIS CERTIFICATION SHALL RUN ONLY TO THE PERSONS
FOR WHOM THE SURVEY WAS PREPARED, AND ON THEIR
BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY
AND LENDING INSTITUTION LISTED HEREON.
CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL
INSTITUTIONS OR SUBSEQUENT OWNERS.
CERTIFIED TO: THE TOWN OF QUEENSBURY
CHICAGO TITLE INSURANCE COMPANY
-5A 8 s3.
CERTIFIED B
.dYS 50135
DATED: JANUARY 0j �T
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Date-
January 03, 2018
Scale
1'-50'
S-1
SHEET 1 OF 1
DWG.
NO.
09-094