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Application
169 Haviland Road Queensbury, NY 12804 Hutchins Engineering Phone: (518)745-0307 Fax: (518)745-0308 July 16, 2018 Town of Queensbury Planning Board and Zoning Board of Appeals 742 Bay Road Queensbury NY 12804 Re: Clear Brook LLC, 15-Lot Residential Subdivision Big Boom Road, Tax Map ID: 316.14-1-6 Dear Planning and Zoning Board Members: Our office represents Clear Brook LLC in preparation of a fifteen-lot residential subdivision plan for the above-referenced parcel. In order for any subdivision of the referenced property, relief is required from Section §179-4-035, Interstate Highway Overlay District. Enclosed please find preliminary subdivision applications, area variance applications, and associated plans and documents describing the proposed project. Due to the proximity of the travel plaza/rest area located off Northbound 1-87, a small portion of the proposed project will be located within 500 feet of the bounds of the right-of-way for the Adirondack Northway. Specifically, we are requesting relief from §179-4-035(C) which states that "within the Interstate Highway Overlay District there shall be no new residential subdivision of land". Additionally, we are seeking relief to allow access to some of the lots which will not be off their direct road frontage. This is to allow utilization of some shared driveways. For the purpose of the preliminary subdivision application, at this time we are requesting waivers from landscaping plan, clearing plan, grading and erosion control plan, and stormwater management/SWPPP plans. We respectfully request to be placed on the August agendas for Planning Board and Zoning Board of Appeals. Please contact me if you have any questions or if you require additional information. Best Regards, G. Thomas Hutchins, P.E. Enclosures Cc Mr. David Lipinski Mr. George Story Mr. Dennis Phillips, Esq. G.Thomas Hutchins, P.E. thutchins@hutchinsengineering.com Area Variance [ZBA approved: September 21 2016] Town of Queensbury Area Variance Application REVIEW PROCESS: 1) Required Pre-Submission meeting with staff to determine general completeness of application materials to be ltr]d tia latc r than I week prior to dcadlirt�. Call(518)761-8238 or(518)761-8265 for an appointment. 2) Determination of application completeness.All necessary information must be provided and appropriate fee(s)paid for consideration for placement on an agenda for that month. 3) Ineamislele RW icalkM Wi ti out beconsicle For lac m nt t:nda inat -alJ missin@ informarion lias bun su iicd: 4) Submittal to the Warren County Planning Board,if applicable. 5) Zoning Board meetings,generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 6) Following the meeting,you will be provided with a copy of the resolution slating the Board's decision on your application. If your application was approved,the next likely step is a Building Permit. Final plans I drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DUCVINF.NTS TO QF,14FEIMIV10F D:(HARD COPY&ELECTRONIC) 1 original and 14 conies of the completed application package to include: Irl Ittctl.Applicatfon: pages 1-9 completed,signed&dated Pre.-Submission.Mcellne]Vatert: signed by staff Denial Letter: from the Zoning Administrator Survey: Current Survey: survey map depicting current conditions—sign,stamped,date by surveyor Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared by Surveyor,Professional Engineer(Civil)or a Registered Architect. Area/Sign Applications: must provide a final as-built survey depicting all site conditions and improvements Survey Waiver: Applicant may request a waiver from the survey pre and post requirements. Copy of Deed Fee: $50 residential;$100 commercial Hutchins Engineering To f 70.VF%C STAFF&CUN I ACT Nt) M4tATJ0X: Vic. Craig Brown,Zoning Administrator cra' b goeensbury,.net Date: r Laura Moore,Land Use Planner bnoor1S&q_ue ubury.n at Sue Hemingway,Office Specialist WAp i C u=nsbusy.net (518)761-8238 Visit our website at tilt'vtv.gurybtMry.net for further information and forms. Page 00 TOWN OF QUEENSBURY 742 Bay Road, Qirvausbiory, NY. 72804-5902 August 9, 018 Clear Brook, LLC 7 Daniels Avenue Adams, MA 01220 RE: 15-Loi Rexident al Subdivision Big Boom Roact Tax Alap Ao: 316.14-1-16 )clear Clear Brook LLC: I am writing to you in response to my review of your recently submitted proposal for a residential subdivision of land on property near the southerly end of Big Boom Road. 1 find that an Area Variance, Freshwater Wetlands and Subdivision approvals will be needed in order for you to proceed with your project. Specifically, a portion of your proposed subdivision is located within 500 feet of the boundary of NYS Interstate 87. This point is of concern as the Town Zoning Ordinance restricts the creation of new residential lots within this 500 foot area, as such,an Area Variance is needed. Additionally,due to the proposed lot configuration, relief from our minimum road frontage requirements is needed as well. A Freshwater Wetland permit is needed as your proposal cal Is for the disturbance of lard within 100 foet of a regulated wetland. Subdivision approval is required for the creation of the new, additional lots. This letter serves as the denial letter for the processing of your variance application. Should you have any questions regarding the above comments, please do not hesitate to contact this office, Sincerely, Town of Quefnsbury Craig Brown Zoning Administrator CBlsh Cc: Torn Hutchins, PE- Hutchins Engineering Excess Land, LLC L-'Craig BrownUlll6 Letters0enial Clear Brook B_6_i&doc " Hopyae of Natur-fil Beatty — A Good Place to Live " Area Variance [ZBA approved: September 21 2016] General Information Tax Parcel ID Number: 316.14-1-16 Zoning District: Waterfront Residential fWRI Detailed Description of Project[include current&proposed use] Current Use: Residential Proposed Use: Residential Location of Project: Big Boom Road,Town of Queensbury,Warren County Applicant Name: Clear Brook LLC Mailing Address 17 Daniels Avenue Home Phone City,State,Zip Adams,MA 01220 Work Phone Cell Phone 518-424-2165 E-Mail: davidland23@gmail.com FAX No. 4 Agent's Name: Hutchins Engineering Mailing Address 169 Haviland Road Home Phone City,State,Zip Queensbury,NY 12804 I Work Phone 518-745-0307 Celll'lmw E-mail tutchins@hutchinsengineering.com i FAX No. 518-745-0308 Owner's Name Excess Land LLC Mailing Address 1 Glen Street Home Phone City,State,Zip Glens Falls,NY 12801 Work Phone Cell Phone E-mail FAX No. Page 1 Area Variance [ZBA approved: September 21 2016] Sitc Level -Multiple Dwellings Area/Type Existing sq.ft. Proposed Total sq.ft. _A. Building Addition s_q.ft.footprint - ' 0 45,000 45,000 B. Detached Garage o C. Accessory Structure(s) 0 0 0 D. Paved,gravel or other hard surfaced area 0 125,000 125,000 E. Porches/Decks F. Other G. Total Non-Permeable [Add A-F] 0 170,000 170,000 H. Parcel Area [43,560 sq.ft./acre] 145.3 Acres/6,329,00 SF k_- Percentage of Impermeable Area of Site [I=G/H] 0 2.7 2.7 Setback Re en[5 -Multiple Dwellings Area� '-+Required Existing Proposed Front Yard[1] 30 >30' Front Yard[2] I Shoreline 50 - >50' Side Yard[1] 25 I >25' Side Yard[2] Rear Yard[1] Rear Yard[2] Travel Corridor Height[maximum] 28' >28' Permeability Number of parking spaces Page 2 Area Variance [ZBA approved: September 2120161 Additional Project lnformxtin 1. Will the proposal require a Septic Variance from the Town Board of Health? No 2. If the parcel has previous approvals,list application number(s): 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? ✓Yes/_No 4. Estimated project duration: Start Date: 2019 End Date: 2021 5. Estimated total cost of project: 6. Total area of land disturbance for project: 145.3 acres Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) --The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet,yielding a percentage. Zoning District Symbol Floor Area Ratio[FAR] Waterfront Residential WR 0.22 Commercial Moderate/Commercial CM/Cl 0.3 Intensive ._ - 4 - A. The combined area of all square footage,as measure from exterior walls of all structures on the property,including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See"FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure,and when applicable,the sum total of all floor areas of the principal and accessory buildings or structures on the project site. Lot 1-Smallest Proposed Parcel Parcel Area 125,000 sq.ft. I Existina Floor Area 0 sq. ft. [see above&Anition Proposed Additional Floor Area sq.ft. Proposed Total Floor Area sq.ft. Total Allowable Floor Area 27,500 (Area x see above table Page 3 Area Variance [ZBA approved: September 21 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: 179-4-035 I-87 Corridor,179-4-050 Road Frontage Need relief from the regtiiWt1WI I((s)listed below which can not be met by the project as proposed. [Check all that apply] ❑Setback ❑Buffer Zone ❑Lot Width [QOther 1-07(.orrici,)r The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1, Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? This parcel is unique as a 145+/-acre parcel in the WR zone.15 residential lots over 145 acres will not create a detriment to area residential properties. 2 Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? A variance from 179-4-035.I-87 corridor,is required for anv residential subdivision of this property. 3. Whether the requested area variance is substantial? The requested variance is indeed unique,but not substantial. 4 Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? No,creating 15 residential building lots on a 145 acre parcel will not have an adverse impact on this residential neighborhood. 5. Whether the alleged difficulty was self-created? No,this difficulty is not self created.The difficulty was created in 2011 when the Interstate Overlay District was created. Page 4 Area Variance [ZBA approved: September 21 2016] Section 179-14-030—Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)—a survey showing existing conditions,a proposed conditions map(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General Shown on Sheet# 1 Title,Name,Address of applicant& erson responsible for preparation of drawing Si S2 2 Deed Attached 3 North arrow,Tax Map ID,date prepared and scale[minimum: 1 inch=40 feet I Si S2 4 Boundaries of the roe lotted to scale,zoning boundary Si S2 5 Principal structures,accessory structures with exterior dimensions S2 6 Site improvements incl. outdoor storage areas,driveways,parking areas, etc.: existing& S2 proposed 7 Setbacks for all structures and improvements: existin &proposed _ S2 8 Elevations and floor plans of all 2roposed and affected structures B. Water&Sewer Shown on Sheet# 1 Project sewage disposal facilities,design details,construction details,flow rates,and number of S6 bedrooms proposed 2 Water supply[i.e.well] &septic on adjoining lots with separation distances to existing or S2 proposed on-site water supply and septic 3 Separation distances for proposed sewage disposal system to well and water bodies S2 4 Existing public or private water supply [well,lake,etc.]. Method of securing public or private S2 water,location,design and construction of water supply including daily water usage 5 Percolation test location and results S6 C. Parking/Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing!& proposed 2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing - material [e.g., gravel,paved 3 Provision for pedestrian and handicap access and parking: existing&proposed - 4 Design details of ingress,egress,loading areas and cutting: existing&proposed S2 5 Location and character of green areas [existing and proposed],modification to green area,buffer S2 zone to remain undisturbed 6 Lighting,location and design of all existing and proposed outdoor lighting D. Additional Site Development and Miscellaneous Shown on Sheet# 1 On-site&adjacent watercourses, streams,rivers,lake and wetlands S1 S2 2 Utility/energy distribution system[gas,electric,solar,telephone]: existing&proposed S1 S2 3 Location,design and construction details of all existing and proposed site improvements St including: drains culverts,retaining walls,fences,fire&emergency zones and hydrants,etc. 4 Square footage of bldg. area proposed for office,manufacturing,retail sales or other commercial + activities: existing&proposed 5 Si age: Location size,type,design and setback: existing&proposed 6 Waiver Request: provide letter with application requesting any waivers: please reference Attached Cover Letter specific items 7 Commercial/Industrial Development requires submission of Landscaping, Stormwater _ Management,Grading&Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record SEQR of a lication for all necessary permits Page 5 . Area Variance[ZBA approved: September 21 2016] Pre-Submission Conference Form/Section 179-9-040 1. Applicant Name: Clear Brook LLC 2. Tax Map ID 316.14-1-16 Location: Big Boom Road 3. Zoning Classification WR 4. Reason for Review: Fifteen-lot Residential Subdivision 5. Zoning Section#: 1 �1- - r5 M V- A tl / J'741 6. Pre-Submission Meeting Notes: Prov ed Outstanding; Please provide by Deed General Information complete Site Development Data Complete Setback Requirements Complete Additional Project Information Complete k FAR addressed Compliance with Zoning Ordinance Checklist items addressed Environmental Form completed Signature Page completed _Aop�f cn 1 i _ - 1 p - rLGcp� 1 c "111 r. C.c+-t fzRt Jr Staff Representative: ✓ r'a (\AL Applicant/Agent: Datc. Page 6 Area Variance 1ZBA i September2120161 This page includes the 1.)Authorization to Act as Agent Form: 2.)Engineering Fee Disclosure;3.)Authorization for Site Visits;4.) Other Permit Responsibilities;5.)Official Meeting Disclosure and 6.)Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant: Owner: Excess Land LLC Hutchlni Ba#nearing&HePb011is,Fitzgerald&Cullu m LLC Designates: as Agent regarding the following: Variance ✓ Site Plan ✓ Subdivision ✓ For Tax Map No.:316.14-1-6 Deed Reference: Book 3301 Page 1 Date 6/1/07 OWNER SIGNATURE: :a � DATE: 7/16/18 APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Clear Brook LLC _ Hutchins Engineering&McPhlllips,Fitzgerald&COW m LLC Designates: as Agmis regarding the following: Variance ✓ Site Plan Subdivision V/ For Tax Map No.:316.14-1-6 Deed Reference: Book 3301 Page 1 Date 6/18/07 OWNER SIGNATURE: � DATE: 7/16/18 (;i E:E+.ll1 f; I'l'i M SC 1.0 S I.I R ,: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed$ 1,000 without notification to the applicant. 3.1 &UTHORIZAT[ON FOR SITE VISITS: By signing this page and submitting the application materials attached herein,the Owner,Applicant,and his/her/their agent(s)hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.1 OTHER PERNIIT RE SPCINSIBMIT[ES; Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. Q OFFICIAL MEETING Mllti UTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) ACREEMENT TO FROVID"aUMENTATION KIEO[IIRED: I,the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application,plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed,I or my agents, will obtain a certificate of occupancy as necessary. I also understand that Uwe may be required to provide an as-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above. Al Alexander Rotolo 7/16/18 $igo C[ icant [Applica ] Date sign-ed a n PrintRI&XCill Agent] NAPO J Page 7 TOWN OF QUEENSBU WATER/WASTEWATER DEPARTMENT 823 CORINTH ROAD*QUEENSBURY,NEW YORK 12804*PHONE(518)793-8866*FAX(518)798-3320 Christopher Harrington Alex Benway Water Superintendent Water Treatment Plant Operations Engineer Wastewater Director Thursday, May 31, 2018 Tom Hutchins,PE Hutchins Engineering 169 I Iaviland Rd Queensbury,NY 12804 The Queensbury Water District has sufficient capacity and pressure to serve the proposed 13 lot subdivision the end of Big Boom Road in the Town of Queensbury Si re!v, Christopher Harrington i Queensbury Water Department 823 Corinth Rd Queensbury,NY 12804 WARREN COUNTY PAMELA J.VOGEL COUNTY CLERK UMENT- Lake George, NY 12845PVOLUME- 33010006216 PAGE.- 1 Instrument Number: 2007-00006216 As Recorded On: June 21,2007 Deed Commercial Parties: FINCH PRUYN &COMPANY INC To EXCESS LAND LLC Billable Pages: 27 Recorded By: MOUNTAIN ABSTRACT Num Of Pages: 28 Comment: **Examined and Charged as Follows: Deed Commercial 106,00 Cover Page 5.00 RP-5217 Commercial 165.00 TP-584 5.00 Recording Charge: 281.00 Consideration Amount Amount RS#/CS# Transfer Tax 24,048.00 6,012,000.00 TT 2758 Basic 0.00 QUEENSBURY Special Additional 000 Additional 0.00 Transfer 24,048.00 Tax Charge: 24,048.00 RECORDED Counter Clerks OfFica Am 72,2G07 12.'D?P Pawl" J. yowl Wa(ree Cj)tMtY Clerk *`THIS PAGE IS PART OF THE INSTRUMENT*" 1 hereby certify that the within and foregoing was recorded in the Clerk's Office For. WARREN COUNTY, NY File Information: Record and Return To: Document Number: 2007-00006216 WILKIE FARR&GALLAGHER LLP Receipt Number: 37895 787 SEVENTH AVENUE Recorded Date/Time: June 21, 200712:07:10P NEW YORK NY 10019 Book-Vol/Pg: Bk-RP VI-3301 Pg-1 Cashier/Station: T Riddell / Cash Station 2 6 DOCUMENT-a- 00006216 VOLUME: 3301 PAGE: 2 DEED NO. 3 BARGAIN AND SALE DEED WITHOUT C0VMV►WS FINCH, PRUYN & COMPANY, INCORPORATED { TO EXCESS LAND LLC THIS INDENTURE, made the 181h day of June, Two Thousand Seven, BETWEEN FINCH, PRUYN & COMPANY, INCORPORATED, a corporation organized under the laws of the State of New York, with its principal place of business at One Glen Street, Glens Falls, New York 12801, (hereinafter "Grantor" ) , and EXCESS LAND LLC, with a place of business at c/o Atlas Holdings LLC, One Sound Shore Drive, Suite 302, Greenwich Connecticut, 06830, (hereinafter "Grantee") . WITNESS that the Grantor, in consideration of TEN DOLLARS ($10.00) and other valuable consideration, lawful money of the United States, paid by Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, the following described premises: 2A3kSxL8 COS ALL THOSE LOTS, PIECES OR PARCELS OF LAND located in the: (1) Town of Indian Lake, County of Hamilton and State of New York; (2) Town of Moreau, County of Saratoga and State of New York; (3) Town of Queensbury, County of Warren and State of New York, as described in scan LE "AO attached hereto and made a part hereof. TOGETHER WITH the appurtenances and all the estate and rights of the Grantor in and to the premises. TO HAVE AND TO HOLD the premises herein granted unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has duly authorized this conveyance and has caused these presents to be signed by its duly authorized officer as set forth hereafter. DJP/MDL-06/13/07 (8pm) 1 Deed N3 MOUNTAIN ABSTRACT A INC. -zvn� - 2c�o DOCUMENTO 00OI06216 VOLUME: 3301 PAGES 3 IN WITNESS WHEREOF, the Grantor has duly authorized this conveyance and has caused these presents to be signed by its duly authorized officer as set forth hereafter. FINCH, PRUYN & COMPANY, INCORPORATED (AKA FINCH, PRUYN AND COMPANY, INCORPORATED, FINCH, PRUYN & COMPANY, INC. , FINCH, PRUYN & CO. , INC.) By ' Name bavid P. "Mann Title: VF, Secretary & Teaser r Date STATE OF NEW YORK ) ) ss. . COUNTY OF WARREN ) On the 13-W day of June, 2007 before me, the undersigned, a notary public in and for said state, personally appeared David P. Manny, of Finch, Pruyn & Company, Incorporated, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) , and that by his/her/their signature (s) on the instrument, the individual (s) , or the person upon behalf of which the individual (s) acted, executed the instrument. Notary P lic Record and return to: OEH PRUIP$ Wilkie Farr & Gallagher LLP Ilo1N+7P �� StskealklIwYork g Ytarr�sr Caunb.Ha.#528��� Attn: Megan Vallerie, Esq. )A Cum mltslan#lpidukv.30,241� Gary Litke, Esq. 787 Seventh Avenue New York, NY 10019 DJP/MDL-06/12/07 2 Deed #3 I DOCUMENT C►QOU6216 VOLUME: 3301 PAGE: 4 PJ1R�KL_ 1 KAKIL '9N COUNTY TOWN Or INDIAN LAXZ IELD' E, TQWNSHIF U S T34'i'ES IY 1 S ( 1) TAX M" PAR.QEL 039 ,000-1-2 ( 2) TAX WW PA1Ar,E L 0 3 L.jq �. ( 3) TAX NU PARCEL 039,000-1-4 ( 4) TAX MAP PARCEL 039.000-1-2 ( 5) TAX PARCEL 039.00Q-1-6 ( 6) TAX bMF .FARCES. 12_.. 0-1-7 ( 7) TAX KU PARCEL QI9 000-1-$ { 8) TAX MW PARCEL -1.. (10) TAX KM PAR CAL 039 .000-1-11 (11) TAX MAP PARCEL 039 . OQ_Q-1-12 (12) TAX MAC PARCEL 039 .GQO-1-13 (13) TAX MAP PARG'£L_ 0 3.3.,000-1-14 (14) TAX MAP PARCEL 03 9.000-1-15 ALL THOSE SEPARATE AND DISTINCT lots of land located in the Town of Indian Lake, County of Hamilton and State of New York as shown on a map filed in the Hamilton County Clerk's Office, the details of which are as follows (hereinafter the "Subdivision Map" ) : Title "South Pond Estates" Dated March 1, 1988 DJP/MDL-06/13/07 (8Pm) 3 Deed k3 TOWN OF QUEENSBURY WATEWWASTEWATE4 R DEPARTMENT 323 0O1M"I`H ROAD * Q EELNkSDURY,NEW YORK 12304 * PI]ONE(?-,13) 793-8866 * VAX(518)798-3320 hristopker Harrington Alex Benway Wafer SuNrimendent Water Treatment Plant Operations Engineer Wasiewater Director Thursday. May31, 2 019 Tom I Iutchins. PC I Iutchins Engineering 169 Haviland Rd E ueensbury. NBC 12S The Queerisbury Water District liar sufficient capacity mid pressure to serve the proposed 13 lot subdivision the end of Big Boom Road in the Towri of Queensbury )�Wti V {Li i' L) I):ii'L-171 i i S23 Corimh Rd ueensbury, NY 13804 WARREN COUNTY PAMFLA J.VOOEL COUNTY CLER}C Lake George, NY 'I284°�O t#1'11EH b�� AGE -- i �Q07EX7406�18 Instrument Number. 007-000062/6 A5 recorded On: June 21,2007 Deed Commercial Parties: FINCH PRUYN & COMPANY INC To EXCESS LAND LLC Billable Pages: 27 Recorded By: MOUNTAIN ABSTRACT Num Of Pages: 28 Comment* ** Examined and Charged as Follows: •` Dead Com neroWl 108.00 Goner Page 5M RP-5217 Gommordal 165.00 TR-56a 5-00 R"ojdIngCharg4; 291.00 considelat*p Amount AmCKInt RSWCS# TrarnsferTax 24,045-0 6.012,000,00 TT2758 easlc 0,00 QUEENSBURY Special Additioml 0,04 AddiOnal 0.00 Transfer 24.048.00 Tax Charge. 2+4,048-00 ICDOM CouatN Clerks Of#ice JM 2112007 12:07P Pafek J. Vo>dl Ikeren CoLmtq Clerk " THIS PAGE IS PART OF THE INSTRUMENT I hereby cerlify that the within and foregoing was recorded in 1he Clerk's Office For: WARREN COUNTY. NY File Information: Record and Return To: Document Number: 007-00006 16 WILKIE FARR&GALLAGHER LLP Receipt Number: 87895 787 SEVENTH AVENUE Recorded DatelTirne. ,tune 21,2007 12;0T:10P NEW FORE( NY 10019 Bo-ok-Vol ft. Bk-RP VI-3301 Pg-1 Cashier!Station. T Riddell 1 Cash Slatlon 2 DOCUMENT- 00006216 VOLUME M 3301 PAGE DEED NO. 3 R RG&IN AND SALE DEED WITH073T WnMUMrS FINCH, PRLTYN & COMPANY, INCORPORATED TO EXCESS LAND LLC THIS Imo, roade the 18" day of June, Two Thousand Seven, BETWEEN FINCH, PRUM fc COMPANY, INCO RPORATFM, a corporation organized 'under the laws of the State of New yaxk, with its principal place of business at One Glen Street, Glens Falls, New York 12801 , (hereinafter "Grantor" } , and EXCESS LAND LLC, with a place of business at c/o Atlas Holdings LLC, One Sound Shore Drive, Suite 30 , Greenwich Ccnnecticut , 06830, (hereinafter "Grantee" ) . FITNESS that the Grantor, in consideration of TEN DOLLARS ( 10 . 00) and other valuable consideration, lawful money of the United States, paid by Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, the following described premises : PARCELS CONVEYED ALL THOSE LOTS, PIECES OR PARC`$LS OF LAND located in the: (1 ) Town of Indian Lake, County of Hamilton and State of New York; (2 ) Town of Moreau, County of Saratoga and State of New York; (3 ) Town of Queensbui7y, County of Warren and State of New York, as described in SCMDULE "AN attached hereto and made a part hereof . TOGETHRR WITH the appurtenances and all the estate and rights of the Grantor in and to the premises . TO HAVE AND TO HOLD the premises herein granted unto the Grantee, its successors and assigns forever. Its WITMSS WHEREOF, the Grantor has duly authorized this conveyance and has caused these presents to he signed by its duly authorized officer as set forth hereafter . 0.TP}MIL-Qb{13l47 i$�-mk � 4ecc �3 DOCUMENT- 00006 16 VOLUME :: 3302 PAGE : IN WITNESS WHEREOF, the grantor has duly authorized this conveyance and has caused these presents to be signed by its duly authorized officer as set forth hereafter , FINCH, PRUYN & COMPANY, INCORPORATED (AKA FINCH, PRUY N AND COMPANY, I CORPORATED, FINCH, PRUYN & CO ANY, INC. , FINCH, PRUYN & CO. , INC. ) 3y Name Davi d F . 'Me-in Title : Exec. VP, Secre''ary & "treasurer Date .1131A STATE OE NEW YORK COUNTY OF WARREN On the i 7 day of June, 7 before -ne, the undersigned, a notary public in and for said state, personally appeared David P . Fanny, of Finch, Pruyn & Company, Incorporated, personally known: to me or proved to me on the basis of satisfactory evidence to be the nriivicival1s1 whose nacres) is (are) subscribed to he within instrument and acknowledge to me tqa- he/she/they executed the sage in hislheFlthe-r apac-ty ( ies) , and that by his/herfthe_r signature (s) on the instrument, the individual (s) , or the person upon behalf of which the individual (s) acted, executed the instrument . &��e Notary ? iic Record and retk;rn to: DIN 1.PHILLIPS blota"Y nn St'kC 01 KOVI 14fk Wilkie Farr & Gallagher LLP warranCopnt,,no, ;578t82 ! Attn: Megan. Vallerle, Esq, myVopa�ris 19n€x9iaesM Dv-34.2Q—. Gary yitke, Esq. 797 Seventh Avenje New York, MY 10019 . 2 .;r:L'-i e3 r DOCUMENT- 000o6666 VOLUME-- 2301 RAGE; 4 PARCEL RLMLTON C0 —= FIM=AN LAKE TOTTEN_ A= CROSSFI§LD'S _PURCRAS39, 2nWNSKIP 19 SOUTH FQNP z ATZE; SUBDIVI§ ( 1) TAx KAF.PXRCZL 039,000-I-2 ( 2) TAX K&P PAL 039,000-1-3 ( 3) TAX UM PARCEL o 9,000-1- < 4) TAx XAP PARCEL 039,000-1-5 5) TAX X" PARCZL 039,000-1-6 { 6) TAX XM PARCEL 039.000-1-7 7» TAX N" PARCEL 039-000-1-8 ( 8! TAX KNP PARCEL 039,000-1-9 < 9) TAX X&P PARCZL 039.000-1-10 (10) TAX KU PARCEL 039.000-1-11 (11) TAX M" PARCEL 039,000-1-12 (12) TAX XkP PAKML 039.000-1-13 (13� TAX KU PARCEL 039,000-1-14 (14) TAX MAP PARCEL 0}9.000-1-15 ALL Tnosz szPARATz AND DISTINCT lots 0£ land located in the 70wn of Indian take. County of BamilLon and State of New York as shown on a map filed in the Hamilton County Clerk' s Office, the details of which are aA follows (heteina£ter the `Subdivision Map" ) . TiLle : -south Pond Estates Dated : March 1 , 1988 3 Deed © DOCUMENT' 00006216 VOLUME : 3301 PAGE -. 5 Surveyor; Wayne R. Raymond, LLS License No. 48988 Glens Falls and Wevertown Approved: may 11 , 1989, New York State Department of Health May 11, 1986, Town of Indian Lake Planning Board Adirondack Park Agency: April 14, 1988 . written non-jurisdictional determination by the Adirondack Park Agency signed by Lynda Power, Project Administrator Filed : May 23 , 1988, Hamilton County Clerk' s Office Map No. : 1484 AND more particularly described on the Subdivision Map as follows : (1) Lot 1, containing 4 . 52 acres, more or less, and currently identified as "pax reap Parcel 39 .000-1- ( ) Lot 2, containing 1 . 59 acres, more or less, and currently identified as Tax Map Parcel 39 .000-1-3 (3) Lot 3, containing 1 .41 acres , more or less , and currently identifieA as Tax Map Parcel 3 .000-1-4 (4 ) Lot 4, containing 1 . 10 acres, more or less , and currently identified as Tax Map Parcel 39 .000-1-5 (5) Lot 5, containing 0. 84 acres, more or less, and currently identified as Tax Map Parcel 39 .000-1-8 (6) Lit 6, containing 0 .71 acres, more or less, and currently identified as Tax Map Parcel 39 .000-1-7 (7) Lot 7 , containing 0 . 84 acres, more or less, and currently identified as Tax Map Parcel 35.000-1-8 (8) LOt 8, containing 1 .12 acres , more or less, and currently identified as Tax trap Parcel 39 .000-1-9 DJP/KDL-�6113I07 (Bpr 4 cod k3 DGCUKENTT 0000621 VOL LIME- 3 1 PAGE 6 (9) fit 9, containing 0 . 87 acres, more or less, and currently identified as Tax Map Parcel 39 .000-1-10 (10) Lot 10, containing 0. 95 acres , More or less, and currently identified as Tax Map Parcel 39 . 000-1-11 (11) Lot 11, containing 0 . 72 acres, more or less, and currently identified as Tax Map Parcel 39. 000-1--1 (12) Lot 12, containing 0 .82 acres , more or less, and currently identified as Tax Map Parcel 39 . 000-1-13 (13) Lot 1313, containing 0 . 96 acres, more or less, and currently identified as Tax Map Parcel 39 . 000-1-14 (14) Lot 14, containing 1 . 26 acres, more or less, and currently identified as 'fax Map Parcel 39 .000-1-15 TOGET=R WITH a grant of a road easement to Grantee with respect to the South Pond Estates Subdivision, which subdivision and road are shown on a map entitled "South Fond Estates" dated March 1, 1988 and filed in the Hamilton County Clerk's Office on may 23 , 1988 as Map No. 1084 {the "Subdivision Map"} , and which road runs from the New York State Route 30 and 28N to the subdivision lots fronting on South Fond, traversing lands of Grantor known as Lots 14 and 15 cf Township 19, and more particularly described as follows : A non-exclusive road easement 50 ' in width traversing lands of the Grantor to Lots 1-14 as shown on Sheet 2 of 2 of the Subdivision map, for purposes of ingress and egress and for all other lawful purposes including but not limited the construction and maintenance of the road and construction, laying and maintenance of utilities in the air or underground either within the 50 ' easement area or immediately adjacent thereto. SOURCE OF TITLE FOR SOUTH .POND ESTATES SVBDIVISI!M (1 ) BEING A PORTION OF THE PREMISES conveyed to Finch, Pruyn & Company, Incorporated from Jeremiah W. Finch, Augusta E. Finch, Samuel Pruyn and Eliza J. Pruyn by deed dated November 11 , 1904 and recorded in the Hamilton County Clerk's Office on December 26, 1904 in Book 41 of Deeds at page 560 . This deed would include the following conveyances : D,TP/Kav-' ri3ro7 [aplr} 5 Deed 13 DOCUMENT` 00006216 OLUME Z 301 fk#16E s 7 (a) Tax deed to Finch, P�ruyn and Company from Nathan L. miller, Comptroller of the State of New York, dated February 14, 1902 and recorded in the Hamilton County Clerk' s Office on April 5, 1902 in Book 39 of Heeds at page 104 . (b) Tax deed to Finch, Pruyn and Company from Frank Campbell, Comptroller, dated January 5, 1893 and recorded in the Hamilton County Clerk' s Office on September 25, 1896 in Book 28 of Deeds at page 585 . (c) Deed to George R. Finch from John McKnight dated November , 1885 and recorded in the Hamilton County Clerk' s office on November 20, 1895 in Book 27 of Deeds at page 554, following which George R. Finch cruit claimed the same premises to Finch, Pruyn and Company by deed dated February 14, 1893 and recorded in the Hamilton County Clerk' s Office on February 23 , 1893 in Book 25 of Deeds at page 228 . (2) JUDGMENT OF THE SUPPjam COURT, County of Hamilton, dated October 15, 141 and entered in the Hamilton County Clerk 's office on August 7 , 1942 in Book 2 of Judgments at page 318 vesting in Finch, Pruyn and Company, Incorporated the northwest one-quarter of Township 19 . (3 } ADIRONDA K PARK A(3gM� Y NON-JMISDICTIQUAL DETE_RMINATZON By jurisdictional determination dated April 14, 1988, the Adirondack Park Agency issued a non-jurisdictional determination letter wherein it stated that the South Pond Estates Project does not require a permit from the Adirondack Park Agency, This non- jurisdictional determination is based upon the rationale that the subdivision of land in a rural use area into fewer that 20 lots does not constitute a Class A Regional Project pursuant to Section 810 (1) (d) of the APA Act provides no wetland o)c other critical environmental area is involved. The non-jurisdictional letter also recited that Dan Spada, Agency Wetlands expert, visited the site and determined that the road and the subdivision do not involve wetlands . The permit also recited that the 'town of Indian Lake has an approved local land use program and has juriodiction over all Class B projects, and as recited on the Subdivision Map information, the Town of Indian Lake approved the project . DJP/MDL-0411�/07 i9PW 6 Deed r3 DDCfl"ENTw 00006I 6 VOLUME: 3301 PR E P PARCEL._ SARATOGA COSY TOWN OF MO4AXJ PARCnS DERIVING FROM JANUARY 1959 CONVZYANCE TO FINCH, PRDYN MM COMPANY, I RPORA'TED FRAmd J. CLINTON $KXTH KKYAMKROSSRRAS P - " AND 257R AL FART OF LOTS 10 AND 11 IN 23`2 ALA PART OF LOTS 10 AND 11 IN 25" ]1I,I,0'i'b SMITZ FARM TRILCT TAX MAP PARCEL 4 8.00- - 1 ar.r. THAT CERTAIN PIECE OR PARCEL OF LAND located in the Town of moreau, County of Saratoga and State of New York, bounded and described as follows : BH,IDIl9ING at the southeasterly corner of a parcel of land conveyed by Epenetus H. wood to Augustus Sherman and Zenas Van Dusen by deem dated March 17, 1866 and recorded in the office of the Clerk of the County of Saratoga in Book 103 of Deeds at page 503 , and then running the following thirteen { 13 ) courses and/or distances: (1) westerly along the southerly line of said lands conveyed by Epenetus H. woad to Augustus Sherman and Zenas Van Dusen, 1 , 800 feet, more or less, to the southwest corner of said lands; then (2 ) Northerly along the westerly line of said lands so conveyed by Epenetus H. wood to a point in the center of a highway, said point being the southeasterly corner of lands conveyed by Henry L. Sherman and wife to Hudson River Electric Company by deed dated November 26, 1901 and recorded in the Office of the Clerk of the County of Saratoga on December 12 , 1901; they DJPI?JDL-0611310.2 48PM) 7 oeec 03 00006216 OLE7m 3 1 PAGE : 9 (3) Westerly along said highway and along the southerly boundary of said lands conveyed by Henry L. Sherman and wife to Hudson liver Electric Company by said deed dated November 26, 1901, and along the southerly boundary of lands conveyed by lzichard Denton and wife to Hudson River Electric Power Company by deed dated November 11 , 1905 and recorded in the Office of the Clerk of the County of Saratoga in Book 255 of Deeds at page 395 , 3, 900 feet, more or less, to a point distant 10 . 5 feet northerly from and at right angles to the center luxe of the existing electric transmission line now or formerly of Niagara Mohawk Power Corporation extending from Sprier Falls to reenbushr then (4) Westerly along the line 12 0 . 5 feet distant northerly from and parallel to the center line of said existing electric transmission line to the westerly boundary of said lands so conveyed by Henry L. Sherman and wife to Hudson River Electric Company by said deed dated November 26, 1901 ; then (5) Northerly along the westerly boundary of said lands so conveyed by Henry L. Sherman 1 , 900 feet, more or less, to the center of a highway and the southerly boundary of Parcel No . 13 as described in a deed from William A. Sherman and others to Hudson River Electric Company dated November 26. 1901 and recorded in the Office of the Clerk of the County of Saratoga on December 13 , 1901; (6) westerly along the center of said highway and along the southerly boundary of said lands so conveyed by William A. Sherman and others to Hudson Rimer Electric Company to the southwesterly corner of said lands so conveyed b William A. Sherman and others to Hudson River Electric Company; them (7) Northerly along the westerly boundary of said land5 to a point 79 . 5 feet distant southeasterly from and at right angles to the existing electric transmission line now or formerly of Niagara Mohawk Power Corporation extending from Spier lulls to Sherman Island; then (8) Northeasterly parallel to the center line of said transmission line and at all points 79 . 5 feet distant therefrom to a point in the southerly boundary of lands c� 1M �-4b113107 IS�rnk $ Dead 43 conveyed by Hudson River Electric Company and others to international Paper Company by deed dated October 17 , 1907; them ( ) Northeasterly along said southerly boundary of said lands so conveyed to International Paper Company, 4 , 730 feet, More or less, to an angle point in said boundary line; then {10) Southeasterly in line with the northeasterly boundary of said lands so conveyed to International Paper Company to a point 50 feet southerly from the southerly high water mark of the Hudson River{ then (11) in a general northeasterly, southerly and westerly direction on a line 50 feet from and parallel to said high water mark of the Hudson River to the southerly line of lands conveyed by DiLincan McGregor to A. Sherman and others by deed dated Janua-ry 17, 1868 and recorded in the Off ice of the Clerk of the County of Saratoga in Book 109 of Deeds at page 426; then (1 ) westerly along said boundary line to the easterly boundary of said lands conveyed by Epenetus H. wood to Augustus Sherman and zenas Van Dusen by said deed dated March 17 , 1866 ; them (13) Southerly along said easterly boundary to the point or place of beginning. EXCEPTING therefrom any lands lying within 50 feet of the high water mark of Whipple Creek when said high water mark is determined by high water in the Hudson river. EXCEpTTLONS TO SHITU PAPA TRACT (1 ) ALL OF TAX F 62.1 - EXCEPTING Aim RESERVING 35 . 08 acres of lard, more or less, conveyed by Finch, Pruyn and Company, Inc. to Finch, Pnuyn Sales, Inc . by dead dated December 22, 197 and recorded in Che Saratoga County Clerk' s Office on January 3 , 1973 in Book 921 of Deeds at page 252, which exceptions is at the intersection of the easterly line of Redmond Road with the southerly line of Butler Road, as shown on Tax Map 62 . 1 , which exception became the " outhwoods" subdivision. 0.7P/MDL-0£{13107 48MPI 9 Qeed 03 VOLUIJE z 3301 PAGE -z � Z (2) TAx MAP PARCEL 40,00-1-2. EXCEPTING AND RESERVING those premises conveyed by Finch, Pruyn & Company, Inc. to Niagara Mohawk Power Corporation by deed dated October 16, 1973 and recorded in the Saratoga County Clerk's Office on September 13, 1976 in Book 963 of Deeds at page 76 . [1gQTE: nNCH, PRVM & EXC'EP ZZ) AND RE80M FROM THIS COD]VE'Y� THE RIGHT TO CROSS Tl� A.80vE-DE80iB8D_ 230 POOT WIDE STRZP OF LAND AT 7 . _M LOCATIONS TO HE X)ZTEg=NZD By M ITUAL ] GMpMU '_ 29'1WEEM T= PARTIES.. T=RET*, SAID CROSSINGS TO BE 90 FEET IN WIDTH M TRE__PURPOSE OF T= LAYING OUT Or ANY SUppjvISION ROAIN YS THAT FINCH, PRUYN_rm CONPANY, INC. MAY H TO C0mVFY To THE 'TOWN OF MORNAV,I (3 } TAX MAP PARCEL .62 ,00-1-1. EXCEPTING AND RESERVING those premises conveyed by Finch, Pruyn & Company, Incorporated to John A. Shaffer by deed dated June 25, 1992 and recorded in the Saratoga County C lerk F s of f ice on July 7 , 19 92 in Book 13 37 of Deeds at page 289. SUBJECT TO EASENEWS AND LEASES { 1) SUBJECT TO an easement granted by Finch Pruyn Company to New York 'telephone Company by grant dated October 4 , 1968 and recorded in the Saratoga County Clerk's Office on December 20 , 1968 in Book 644 of needs at page 253 . (2 ) SUBJECT TO a lease agreement with respect to five (5) acres of lard by lease agreement between Finch, Pruyn and Company, Incorporated and The Dunn Brook Mountain Recreationists, Inc . dated Larch 31 , 1999 and recorded in the Saratoga County Clerk' s Office on June 30, 1999 in Book 1522 of Deeds at gage 202 . (3) SUBJECT TO a boundary l ine agreement between Finch, Pru n & Co. , Inc. and Faul S. Bonneau and Mary T . Bonneau dated September 30, 1978 and recorded in the Saratoga County Clerk' s Office on November 15 , 1978 in Book 989 of Deeds at page 311, reference being made therein to a survey map of lands of Paul B. & Mary T. Bonneau dated October 12 , 1973 , revised December 27, 1973 , and preparers by John B. Van Dusen, which map was filed in the Saratoga County Clerk' s Office on November 15, 1978 as map S-73 . SOURCE F TITLE FOR SMITH FARM TRACT (1) BEING A PORTION OF THE PREMrSES described in the FI B PARCEL conveyed Finch,Fi �h, Pruyn and Company. Incorporated by J. JP/HDL-95l131;,3 ;Sp;o 10 Deed PF3 DOCU ENT 00006 16 VOLUME :: 3301 PAGE a 1 Clinton Smith by deed dated January 16, 1959 and recorded in the Saratoga County Clerk' s office on February 4, 1959 in Book 670 of Deeds at page 159 . (2) 8c1NG AM INCLUDING a 250-foot wide strip conveyed to Finch, Pruyn & Company, Inc. by Niagara Mohawk Power Corporation b deed dated October 16, 1973 and recorded in the Saratoga Counter Clerk's Office on October 18, 1976 in Book 964 of Deeds at page 35 . DJPIHDL-06113/07 (8pm� 93 DOCUMENT$ ODoo6216 VOLunE= 3301 RAZE■ 13 FAIRcE14..« k3AMTOGA COUNTY TOWN OF sOREA7 mmungszRAS rAMN - 23" AigQPAM PART 0 LOT 11 - 8CUTHWOODS SMMIVISION ALL THOSZ LOTS located in the Town of Moreau. Saratoga county. New York shown on a map, the details of which are as follows ; Title = "Nap of Section No. l SoQthwoods" Dated ; April 4, 1972 Surveyor: coulter a McCormack Glens Falls, New York Approved: April 25 , 1972 . Town of Moreau 21arming Board Filed : May ll . 1972 Nap No. : GG-163 AND more particiilarly described as follows : (1) Lot 15 (Tax Map Parcel 62 . 12-1-15) (2) Sot 16 (Tax Map Parcel 62 , 12-1-16) (3) Lot 27 (Tax Map Parcel 62 . 12-1-25) (4 � Lot 30 (Tax Map Parcel 62 . 12-1-37 ) (5) tot 31 (fax Nap parcel 62 . 12-1-36) (6) Lot 32 (Tax map Parcel 62 . 12-1-35) (7) Lot 35 (Tax Ka@ Parcel 62 . 12-1.29) (8) Lot 36 (Tax Map Parcel 62 . 12-1-30) (9 � Lot 37 (Tau Map Parcel 62 . 12-1-31) Dje2w3ZQ a, a�1 12 _ed 0 OL, HE : 3301 PAGE : 1 (10) Lot 38 (Tax Map Parcel 62 . 12-1-3 ) � 11) Lot 39 (Tax Map Parcel 62 . 1 -1-33) (12) Lot 40 (Tax Map Parcel 2 . 12-1-34} (13) Lot 41 (Tax Map Parcel 62 .12-1-43 ) (14) Lot 42 ('Tax Map Parcel 62 . 1 -1-44) (15} Lot 44 (Tax Map Parcel 62 . 12-1-46) ( 16) Dot 45 (Tax Map Parcel 6 . 1 -1-47) (17) Lot 46 (Tax Map Parcel 62 . 12-1-48} (18) Lot 47 (Tax Map Parcel 62 . 12-1-39) (19) Lot 48 (Tax Map Parcel 62 . 1 -1-40) (20) Lot 49 (Tax Map Parcel 62 . 12-1-41) ( 1) Let 50 (Tax Map Parcel 62 . 1 -1-42 } SUBJECT TO EAS 1`S (1) SUBJECT TO an easement granted by Finch Pruyn Company to New York Telephone Company by grant dated October 4, 1968 and recorded in the Saratoga County Clerk' s of f ice on December 20, 1968 in Book 844 of Deeds at page 293 . (2) SUBJECT TO a grant from Finch, Pruyn & Company, Inc . to New York Telephone Company within the bounds of all lands known as Southwoods as contained in a grant dated May 1 , 1980 and recorded in the Saratoga County Clerk' s office on may 16, 1980 in Book 1006 of Deeds at page 1159 . (3) SUBJECT To a Declaration of Restrictions of Finch Pruyn Sales, Inc . dated May 5, 1972 and recorded in the Saratoga County Clerk' s office on May 11, 1972 in Hook 912 of Deeds at page 189 . (4) SUBJECT TO are amended Declaration by Finch Pruyn Sales, Inc . dated Parch 1979 and recorded in the Saratoga County Clerk's Office on March 29. 1979 in Book 993 of Deeds at page 144 . DjP/HEIL-06113147 (GPM5 13 treed 10 DOCUMENT$ 0000626 VOLUME; 3301 PAGE : is ■(XMCE OF TXTLE FOR §0MH�WOD DIVISION BEING A PORTION OF THE RISES conveyed to Finc§. PrUyn and Company. Incorporated by Finch Fr=yn Sales, Inc , by deed dated September 30, 1980 and recorded in the Saratoga county Clerk's Office on October 1. 1980 in Book loll of Deeds at page 577 . W»a&-#G p@ 4p) 14 24�d .2 DOCUMENT-W 00006 16 VOLUME : 3301 PA<iE s I PARCEL $ AAR&TCKa-& CoMqTy TOWN r ND FrAYA=Q9.9AW - "° ALLDTMENT PART QT LOT 12 - DYXZ RQAP ("VAPIM [._LOT*) TAX MAP PARCZL 63 ,00-1-8 ALL TR1 T CERTAIN PIECE OF PARCEL Or LAND located in the Towns of Moreau, Counter of Saratoga and State of New York, bounded and described as follows : BEGINMbn at a point in the westerly hounda�ry of lands now owned by the Grantor and known as the "Varney Lot" distant 50 feet southerly from the high water mark on the southerly side of the Hudson River, and then running the following four (4) courses and/or distances : (1) Northeasterly, parallel and 50 feet distant from said southerly high water mark, 1 , 800 feet, more or less, to the easterly boundary of said lands of the Grantor known as the Varney Lot; them (2) Southerly along the easterly boundary of said Varney Lot, 3 , 100 feet, more or less, to a point distant 100 feet northerly from and measured at right angle8 to the centerline of the existing electric transmission line now or formerly of Niagara Mohawk Power Corporation extending from Spier Falls to Glens Falls; them (3) Westerly parallel with and 140 feet distant from the centerline of said transmission lime, 1 , 624 feet, more or less, to the westerly boundary of said Varner Lot; then (4) Northerly along the westerly boundary of said Varney Lot to the point or glace of beginning, containing 115 acres, be the same more or less . p,.7o{K6L-Q61131Q7 {8W�1 15 Deed 03 DOCUMENT$ 00006216 VOLUME: 3301 RAGE: 17 F=XPTIO■ TOWN OF X0RFAV LANDFILL 7Ax mAp PARCEL 63 ,00-1-22 3&XCEpTING AnD RESERV-ING those premises conveyed by Finch. PfQyn & company. Incorporated to the Town of Moreau by deed dated December 15. 1966 and recorded in the Saratoga Couaty Clerk' s office o5 January 17 , 1967 in Book 802 of Deeds at page 436 . SURJECT TO SUB,7ECT TO an easement granted by Finch Pruyn company to New York Telephone company by grant dated October &. 1968 and recorded in the Saratoga County clerk' s Office on Decker 20 , 196E in Book 844 of Deeds at page 293 . SOUPCE OF TITLE FOR PARCEL A BZING A PORTION OF TXZ PRMISES described in the SECOND PARCH Conveyed to Finch. P£uyn and company. Incorporated by J. Clinton Smith by deed dated January 16. 1959 and recorded in the Saratoga County Clerk' s Office on February 4. 1959 in Book 670 of Deeds at page 159 . em1 l6 Dead 43 DOCUMENT- 00006216 VDL4 MEi a301 PAGE : 1E PARCEL � MR&TQM COMqTY TOM OF KgREAU KhX&pjMSSzjtAS P]r►= - 23RD ALLOTMENT PART QZ WT 12 - AgM 9 VARNEY LOT -rAx bmp PxgczL 63-04-1-14k ALL THAT CERTAIN PIKCE OR PARCIEL OF LAM located in the Town of Moreau, County of Saratoga, State of New York, bounded and described as follows : SE 17ING at a point in the westerly boundary of the lands of the Grantor known as the "Varney Lot" at the southwesterly corner of a parcel of land formerly owned by Hudson Valley Railway Company and then running the following five (5) courses and/or distances : (1) Northeasterly along the southeasterly boundary of said lands formerly owned by Hudson Valley Railway Company 1, 440 feet, more or less, to a point distant 10 southerly from and measured at right angles to the centerline of the existing electric transmission line now or formerly of Niagara Mohawk Power Corporation extending from Spier Falls to reenbush, then (2) Easterly{ parallel to and 130 feet distant from the centerline of said electric transmission line and continuing in a straight line beyond the angle point in said transmission line 400 feet, more or less, to the easterly boundary of said Varney Lot , then M Southerly along the easterly boundary of said Varner Lot, 550 feet, more or less, to the southeasterly corder of said Varney Lot; then (4) Southwesterly along the southeasterly boundary of said Varney hot, 1, 687 feet to the southwesterly corner of Said Varney Lot; then (5) Nortberly along the westerly boundary of said Varney Lot, 400 feet, more or less to the point or place of beginning. WPIMM-46/13107 48VO) 17 �:$ DOCUMENT- 00006216 COMAINIM 22 acres of land, More or less . AND RIGHTS {� TOGETHER WITH a right-of-way granted to Finch, Pruyn & Company, incorporated from Niagara Mohawk Power Corporation by grant dated February 1, 1968 and recorded in the Saratoga County Clerk's O€fice on October 18, 1976 ire Book 964 of Deeds at page 304 and therein described as follows EIIG at Station 358 + 14# of the traverse for the existing right of way for the existing transmission lire of Niagara Mohawk Power Corporation extending from Sprier Falls to Fenimore- Whitehall and running the following six(5) courses and distances : (1) North 31 degrees 32 minutes West a distance of 80 feet, more or less, to a point in the southeast side of a macadam road commonly known as Route 9 ; then (2) North 53 degrees 55 minutes East along the southeast side of Route 9 a distance of 50 feet, more or less, to a point distant 50 . 0 feet northeasterly ifteasured at right angles from the first mentioned course, last mentioned point also being 100 . 0 feet northerly measured at right angles from the travers; then (3 ) South 31 degrees 32 minutes Fast in part parallel to the first mentioned course and passing through Station 357 + 48t of the traverse 315 feet, more or less, to a point distant 150. 5 feet southerly measured at right angles from the traverse; then (4) North 93 degrees 32 minutes West parallel to the traverse and at all points 150 . 5 feet distant therefrom 60 feet, more or less, to a point in the southeasterly bounds of the former Hudson Valley Railroad right of way; then (5) South 47 degrees 00 Minutes West along the southeasterly bounds of the former Hudson Valley Railroad right of war 2 feet more or less to a point distant 50 feet southwesterly measured at right angles from the northeasterly hounds of the parcel herein described; then (6} North 31 degrees 32 minutes west parallel to the northea-sterly bounds of the parcel herein described and UJPit7DL-48i13l07 415�1 18 Deed 93 DOOElNE€ Tt 00006216 VOLUME: 3301 PAGE : 20 at all points 50 . 0 feat distant therefrom and passing through a point where the northwesterly bounds of the former Hudson valley right of way intersects the southwesterly bounds of the existing right of way of Niagara Mohawk Power Corporation 195 feet , more or less to the point or place of beginning. COWAINING 0 . 339 of an acre, be the same more or less . All bearings refer to magnetic worth as of the year 1926 . SDH,TMC!' T4 the terms and conditions contained therein. SOIRCE OF TITLE FOR PARCEL 5 BEING THE THIRD PARCFL conveyed to Finch, Pruyn & Company, Incorporated by J. Clinton Smith by deed dated January 16, 1959 and recorded in the Saratoga County Clerk' s Office on February 4 , 1959 in Book 670 of Deeds at gage 159 . MgMI& gT:EONS AND RESERVATIONS OOp I13 195 YA!1C`E To 'FINCH, PRUYS AND CQXPAW. INCORPOR�IT&� PROS J. CLINT= SMITH (1) All lands and rights conveyed to International Paler Company by Hudson Riven Electric Company and others by deed dated October 17, 1907 . ( ) All lands conveyed to the Town of Moreau by New York Power and Light Corporation by deed dated May 31, 1949 . (3 ) Such rights as New York Telephone Company may have to maintain its telephone lines over and across said premises . (4) All lands lying within fifty (50) feet of the high water nark of the Hudson River. (5) The }permanent right, privilege and easement to flood, flow and submerge any of said lands which may be flooded, flawed or submerged by any dam or dams now or formerly of Niagara Mohawk Power Corporation, its successors and assigns, now or hereafter constructed on the Hudson River and the maintenance thereon of flashboards . DjP/)d5L-06/13f1D7 jspm] 19 oeea 63 DOCUMENT- 0000 216 DLLIfIE : 3301 PAGE-- .21 (6) A strip of land two hundred ( 00) feet in width extending over and across the parcel described first above, the said strip being bounded northerly by a line 10 . 5 feet northerly from and parallel to the center line of the existing electric transmission line now or formerly of Niagara Mohawk Power Corporation extending from Spier Falls to East Greenbush and bounded southerly by a line 79 . 5 feet southerly from and parallel to the center line of said existing transmission line. (7) A right-of-way for the passage of men and vehicles over a strip of land four (4) rotes in width described in the deed from Orville Cronkhite to William H. Bloomingdale dated January 28 , 1861, together with a continuation of said right-of-way northerly to a point fifty (50) feet southerly from the high water line of Hudson River. (6) Such rights as may be necessary for access to and from the remaining sands now or formerly of Niagara Mohawk Power Corporation. (9) The right to construct and maintain electric distribution lines and gas mains along any highway upon or adjacent to the lands to be conveyed, together with the right to out and trim brush, trees and other obstructions necessary to keep the wires of said electric distribution lines cleaLrod at least 48 inches . { 10) The right to cut any trees upon the land to be conveyed which may in the opinion of Niagara Mohawk Power Corporation interfere with or be likely to interfere with any electric transmission lute now constructed or hereafter constructed upon the lands adjacent to the lands to be conveyed. BTECT, HOWEVER, TO all easements, restriction or conditions of record affecting said premises . WP/M'D:.-p6/13J07 (Spir.1 0 Deed 13 DOCUMENT$ 00006216 VOLUME= 3301 PAGE: 22 PARCEL 9WTOGA C01n= TOWN of Mg-REA7 ]ROL" ROD TRACT TAX X" PARCEL 49,19-3-24 ALL THAT CIMTAIK pIECim 0R pARcI&L OF LAW, situate in the Town of Noleau. Saratoga county, New York, consisting of the parcel identified on the Lax cps of the ?own 0£ Moreau as Section 49, Block 1. hob 40, such property having been formerly owned by Finch, pIQyn & corny which Was described as Finch 2rUyn CO. Sec. 49 Blk I Lot 40 Tan Map. Subject to all covenants , restrictions and easements of record. SOURCE OF TITLE LAN ROAD TR&CT BEING THE §AXE PRMISEB conveyed to Finch, EIQyn & company. Inc. from County of Saratoga by deed dated December 20, 19_ and recorded in the Saratoga County clerk's Office on January 2. 1991 in Book 1302 of Deeds at gage 714 . Subsequently the Lax map number was changed to 49 . 19-3-24 . DJFIYm3-�63,101 a�i 21 Dead G DOCU"ENT'- 00006216 VOLUME : 3301 PAGE : 2Z3 PARCEL 7 Cow TQWK of OURM sMy BIG soon TRACT TAX MAP PARCEL 316.14-1-6 ALL THAT PARCEL OF LAM located in the Town of Queerisbury, County of Warren and State of New York, on what is called CaMon' s Negk (emphasis added) and is bounded as follows, to wit: MCG:1MING on the Hudson River at a maple sapling on the east line of lands formerly belonging to the heirs of Governor Morris, and they running the following three (3 ) courses and distances : (1) North 17 degrees Wiest 63 chains and 54 links on the east line of lands forrmerly belonging to the heirs of Governor Morris to the middle line; then ( ) North 77 degrees and 30 minutes East 20 chains and 6 links along the middle line to the Hudson River; them (3 ) Up the Hudson liver to the place of beginning. CONTAINING 100 acres of land, be the same more or less . EXCZPTING therefrom 20 acres of land heretofore conveyed by Uldrick Reynolds to Hiram Potter off from the north end of the premises above described. PARCEL B - GREAT BEND LOT ALL THAT PARCEL OF LAND located in the Town of Oueensbury, County of Warren, State of New York and is a part of the peninsula formed by the bong or curve in the Hudson River, called the Great Bend and is part of the farm formerly owned by George S. Tillitson, and is bounded as follows : W PIMDL-0G113?07 aEPM) 22 deed 03 00CUMENTO 00006216 VOLUMEz 3301 PAGE. 24 (nM=NG in the center of the highway at the northeast corner of the farm now or formerly owned and occupied by William Davis, and then running the following four (4) courses and/or distances : (1) Forth 80 degrees East 20 chains and 44 links along the south line of the " allotment of the Kayaderosseras Patent to the bank of the Hudson River at low water mark; then (2) South 33 degrees East 10 chains and 14 links up the Hudson River at low water mark to a point for a corner,- then (3 ) South 80 degrees West 23 chains and 55 links on a course parallel with the first course herein described to the center of the aforesaid highway; then (4) North 15 degrees west 9 chains and 37 links along the highway in the center thereof to the palace of beginning. ONIAID]ING 20 acres of land. All mineral substances presently owned by Grantor on or under Parcels 1 and 2 are hereby co�iveed to Grantee herein, together with the full and exclusive executory rights to lease such substances; ACT, ZYKE ER, and there is expressly reserved to Grantor, its successors and assigns, and excepted from this conveyance, the following: are undivided one-eighth (1/8) non- participating royalty interest in oil , gas and associated hydrocarbons . This conveyance is subject to all outstanding oil , gas and other mineral and/or royalty rights and interest show�i of record on any of said lands. AND RIGHTS CONVEYED TOGETEMR WITH the appurtenances and all the estate and rights of the Grantor in and to the premises . SOURCE OF TITLE FOR BIG BOOM TRACT (1) BEING AN UMIVIDED ONE- ALF J%) INMZRSST conveyed to Finch, Pru n and Company, Inc . by International Paper Company by EN7P/MD1_-e6/!3/0? 48pm) 23 Daud 03 DOCUMENT' 00006216 deed dated October 3 , 1984 and recorded in the Warren County Clerk's Office on October 18 , 1984 in Book 665 of Deeds at page 577 . International Pager Company obtained this interest from the Glens Falls Paper mill Company by deed dated January 31 , 1898 and recorded in the warren County Clerk's Office on February 5, 1899 in Book 80 of Deeds at page 26 . (2) BEZNG AN uND1 I D ONE-uar_F ( ) INCEST originally purchased by Finch, Pruyn & Company Ea partnership) and Glens Falls Paper Mill Company {subsequently International Paper Company} from the Darwin W. Sherman estate by deed dated April 29, 1896 and recorded in the Warren County Clerk's Office in Book 75 of Deeds at page 448 and a portion of the premises conveyed to Finch, Pruyn & Company, Incorporated from Jeremiah W. Finch and Augusta E. Finch, his wife, and Samuel Pruyn and Eliza J. Pruyn, his wife, by deed dated November 11, 1904 and recorded in the warren County Clerk' s Office on December 5, 1904 in Book 102 of Deeds at Page 582 . EUF/%E?U-a51:3107 {8pn) 4 Deed 03 ff3iJMENT5k301 VOLUtIE-0 3301 PAGE : PARCEL 8, WARRM CQU= TOWN OF QUEEKSBURY CRDOD TRACT TAX MAP PARCEL 2 5.15-1- ALL THAT PI]CCE OR PARCEL OF LAM situate, lying or being in the Town of Queensbury, County of warren and the State of New York and being more fully described as follows BEGINNING at an iron pipe set in concrete in a wire fence, said iron pipe bearing S 830 15 , E a distance of 1110 .26 feet from the East edge of the Mountain View Lane Road; thence along lands of Kosinski and landz herein described S 820 49 , E a distance of 1365 , 56 feet to an iron pipe set in concrete and iit an old chestnut stump, for a Corner; thence still along lands of Kosinski N 70 46 ' E a distance of 962 . 90 feet to an iron pipe set in concrete at an intersection of wire fences, said iron pipe being the common corner of lands of Kosinski and Bonner and parcel herein described; thence S 800 9 ' E a distance of 1126 . 91 feet along lands of Bonner and Lukaris to an old stake and stones for the northeast corner of Parcel herein described; thence S 70 05 , w a distance of 1328 .35 feet along lands of Lukaris to a square concrete monument set in fence intersection; thence S 70 05 ' W a distance of 269 . 83 feet to an iron pipe set in concrete; thence N 820 33 ' W a distance of 442 .32 feet to an iron pipe set in fence intersection; thence N 830 33 ' W a distance of 1197 . 70 feet to aui iron pipe set in remains of an old wire fence; thence N 820 04 ' W a distance of 816 , 12 feet to an iron pipe set in a wire fence, said iron pipe being the Southeast corner of lands of Curtis South; thence N 80 06 ' S a distance of 165 . 68 feet to are iron pipe on the Southerly edge of the ►lobn Clendon Road; thence N 30 29 ' W a distance of 52 .96 feet to an iron pipe on the Northerly side of the John Clendon Road; thence N 60 24 ' L a distance of 296. 42 feet to an iron pipe on the Southerly edge of a dirt road; thence N 00 ' W a distance of 271 , 94 feet to the place of beginning . Containing 66 . 4 acres of land to be the same more or less . All bearings are as the magnetic needle pointed may 14 , 1965 , A Pli"oL-G6}=31C7 [9pml 25 Deed b3 DOCUMENT'5j OL UME : 3301 r�!'y AGE�- 7 RIGHTS GRA=D (1 ) GRANTING AND CONVEYING a Right of Way from tyke westerly boundary of parcel herein described along and across the Kenmore Drive to the Easterly side of Mountain view Lane, the Right of Way more fully described as follows : Beginning at a point in the Southerly bounds of Kenmore Drive, the point being the intersection of John Glendon Road and the Kenmore Drive, thence 1 . North 65 degrees 57 minutes East a distance of 198 . 56 feet to a point; thence . North 64 degrees 27 minutes East a distance of 184 .79 feet to a point; thence 3 . South 83 degrees 13 minutes East a distance of 250. 72 feet to a point in the Westerly boundary of lands to be conveyed to Eoecher; thence 4 . North 0 degrees 22 minutes Kest a distance of 50 feet to a point; thence 5 . North 83 degrees 13 minutes West a distance of 254 .97 feet to a point; thence 6 . South 65 degrees 20 minutes West a distance of 202 . 19 feet to a point; thence 7 . South 61 degrees 52 minutes west a distance of 153 . 10 feet to an iron pipe; thence S . South 77 degrees 36 minutes West a distance of 99 . 12 feet to an iron pipe; thence 9. South 65 degrees 02 minutes East along the Westerly end of Kenmore Drive a distance of 78 . 53 feet to the place of beginning. TOGETZER with any right , title and interest of Walter Boecher, Jr . , if any, in and to any land lying in the bed of the any street in front of or adjoining the premises . D,iPimm-DGM/07 cBpn� 26 :Peed R3 DDCU {ENTi "- 0000 216 VOLUME : 3301 PA L Z 28 BEING a Right of Way conveyed to Finch, Pruyn Sales, Inc. by Walter Boecher, Jr. by deed dated November 9 , 1970 and recorded in the Warren County Clerk 's Office on November 12, 1970 in Book 58 of Deeds at page 438. { ) TOGMTKER WITH the appurtenances and all the estate and rights of the Grantor in and to the premises . APPRCrVED SUBDIVISION A portion of the above description is the subject of are approved subdivision as shown on a map filed in the Warren County Clerk's Office, the details of which are as follows (the "Map") : Title : '"Map of Section One of Crownwood Hills" Dated : April 7 , 1971 Revised : May 5, 1971 Surveyor: Coulter & McCormack, Licensed Land Surveyors, N .Y . S . License No. 31739, Glens Falls, New York Approves: April 16, 1971, New York State Department of Health Approved: may 5, 1971 , Town of Queensbvry Planning Board Filed August 17 , 1971 , Warren County Clerk' s Office SOUPj= OF TITLE FOR CRO QD1) TRACT (1) BEING the third parcel described in a deed to Finch, Pruyn & Company, Incorporated from Finch PTuyn Sales, Inc . dated September 30, 1980 and recorded in the Warren County Clerk' s office on October 1, 1960 in Book 634 of Deeds at page 994 . (2) BEING a portion of the premises conveyed to Finch, Pruyn Sales, Inc . by Walter Boecher, Jr. by deed dated November 9, 1970 and recorded in the warren County Clerk's Office on November 12, 1970 in Book 528 of Deeds at page 438 . D.713ImnL-06/13107 Ispmo 27 oeed 43