3.09 3.9
PROPERTY PURCI-IASES OR ACQUISITIONS\Easement-Accept From Richard Straub-Jenkinsville Rd for Highway Drainage
Purposes-7-1-19
RESOLUTION AUTHORIZING ACCEPTANCE OF EASEMENT
FROM RICHARD B. STRAUB
RESOLUTION NO.: ,2019
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Town Highway Superintendent has advised the Town Board of certain
drainage issues in the vicinity of 27 Jenkinsville Road in the Town of Queensbury designated as
Tax Map No.: 279.19-1-7, and
WHEREAS, the Highway Superintendent has evaluated the parcel and has recommended
acquisition of a drainage easement from the property owner for the purposes of installation of a
culvert, diywell and pipe to help improve drainage on Jenkinsville Road, and
WHEREAS, the property owner, Richard B. Straub, has generously offered to convey such
easement to the Town of Queensbury on a portion of this parcel of land, and
WHEREAS, the Town Board agrees that acquisition of such easement will benefit Town
residents and therefore the Board wishes to authorize acceptance of the easement,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves and accepts for Town highway
drainage purposes, an easement on a portion of a parcel owned by Richard B. Straub located at 27
Jenkinsville Road, Queensbury designated as Tax Map No.: 279.19-1-7 and expresses its thanks to
Mr. Straub for his generosity in conveying such easement to the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any and all documents necessary to complete this transaction including the Easement and
TP-584 form in form acceptable to Town Counsel and the Town Supervisor, Town Highway
Superintendent, Town Budget Officer and/or Town Counsel to take such other and further action as
may be necessary, including recording of the Easement, to effectuate the terms of this Resolution.
Duly adopted this 1st day of July, 2019,by the following vote:
AYES :
NOES :
AB SENT:
REAL ESTATE\Easement—Drainage—Straub to Town—Jenkinsville Rd—June 2019
EASEMENT
DATE: , 2019
GRANTOR: RICHARD B. STRAUB
27 Jenkinsville Road
Queensbury,New York 12804
GRANTEE: TOWN OF QUEENSBURY,
a municipal corporation organized under the laws of the
State of New York, having its principal place of business at
742 Bay Road, Queensbury, New York 12804
IN CONSIDERATION of ONE DOLLAR ($1.00) and other good and valuable consideration,
Grantor hereby grants a permanent and perpetual easement to Grantee to, on, over, under, through and
across the Encumbered Property according to the following terms and conditions.
1. ENCUMBERED PROPERTY: Grantor owns a certain parcel of property located at 27
Jenkinsville Road, Queensbury, New York, and identified as Tax Map No. 279.19-1-7. The
Encumbered Property, a portion of the above described parcel, is depicted on the map attached hereto
as Schedule "A" and shows the area of the Easement.
2. USE: This non-exclusive Easement shall be for the purposes of establishing,
developing, constructing, reconstructing, installing, repairing, maintaining, removing, inspecting,
deepening, cleaning and performing any associated construction activities and grading in connection
with any type of culverts, drainage pipes or drainage facilities as necessary upon, under and through
the Encumbered Property for the benefit of Grantee. The Grantee expects to originally install an 18"
culvert and drywell and pipe where the area includes an area approximately 103' by 15' wide.
Grantee, its employees, agents, successors or assigns may carry out all activities necessary for such
use, including but not limited to entering upon, clearing and excavating the Encumbered Property by
necessary personnel and equipment at any time for such purposes.
Grantor also grants a temporary easement during periods of construction, maintenance, and
repair of such drainage system over so much of Grantor's property as may be reasonably necessary in
connection with the construction, installation, maintenance and repair of such drainage system and the
appurtenances thereto.
The drainage pipes, system and the appurtenances thereto constructed upon the Encumbered
Property shall remain the property of the Town, its successors and assigns, under its or their
supervision and control, but Grantor reserves the underlying fee title to the property on which the
easement is hereby conveyed, subject to the rights and privileges granted by this Easement.
Upon completion of any work, Grantee shall restore the Encumbered Property to its former
condition as nearly as is reasonably possible.
3. NO IMPROVEMENTS BY GRANTOR: Grantor, or their successors or assigns in title,
shall not construct any structure, fixtures, fences or improvements on the Encumbered Property that
would in any way interfere with complete access to the drainage system by the Town, its employees,
agents, successors or assigns for the purposes set forth in this Easement.
4. DURATION: This Easement shall run with the land in perpetuity and be binding upon
the heirs, successors and assigns of the parties.
5. TITLE: Grantor warrants that it owns fee simple title to the property and has full lawful
authority to grant the Easement conveyed herein.
IN WITNESS of Grantor's grant and conveyance of this Easement, and Grantee's acceptance
of the conditions it imposes on Grantee, the Grantor and Grantee have signed their names below as of
the Easement date noted above.
By: e57
RI ARD B. STRAUB, GRANTOR
TOWN OF QUEENSBURY:
By:
JOHN F. STROUGH, TOWN SUPERVISOR
GRANTEE
STATE OF NEW YORK )
)
COUNTY OF )
On the Z1-e day of Ji.Lne in the year 2019, before me, the undersigned, personally appeared
RICHARD B. STRAUB, 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/she executed
the same ill his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the insttrrumentt.l,
auf_ -2 CN-ci. L L.Q,en
Notar)PNOTtEA A. HUNSINGER
STATE OF NEW YORK ) Notary Public,State of New York
) Warren County No.01 HU4946222
COUNTY OF WARREN ) Commission Expires Jan.27,20
On the day of in the year 2019, before me, the undersigned, 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
SCHEDULE "A"
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