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PROPERTY PURCHASES OR ACQUISITIONS\PROPERTY-Accept From Queensbury Land Conservancy for Ogden Road Cemetery—7-15-19
RESOLUTION AUTHORIZING DEDICATION OF LANDS AND
WARRANTY DEED WITH LIEN COVENANT AND
RIGHT-OF-WAY EASEMENT FROM QUEENSBURY LAND
CONSERVANCY, INC., FOR OGDEN ROAD CEMETERY
RESOLUTION NO.: ,2019
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Land Conservancy, Inc., (QLC) is the owner of certain lands
located off Ogden Road in the Town of Queensbury having a tax map number of 315.-1-8.3 and
wishes to convey title of a cemetery parcel located in the interior of the parcel to the Town of
Queensbury as well as grant a Right-of-Way to the Town in order to access such Ogden Road
Cemetery property,and
WHEREAS, the Town has exempted itself from its subdivision rules in a situation like this,
and
WHEREAS, a Warranty Deed With Lien Covenant and Right-of-Way Easement is
presented at this meeting and is in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby authorizes and accepts the dedication of the
Ogden Road Cemetery and transfer of the .02 acre parcel of land located off Ogden Road in the
Town of Queensbury being a portion of a parcel having a tax map number of 315.-1-8.3 known as
the Ogden Road Cemetery property from the Queensbury Land Conservancy, Inc., and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Warranty Deed With Lien Covenant and Right-of-Way Easement substantially in the
form presented at this meeting and any and all documents necessary to complete this transaction,
including, without limitation, any further agreements in form acceptable to Town Counsel, Real
Property Transfer Report and TP-584 and the Town Supervisor, Cemetery Superintendent, Town
Budget Officer, Director of Planning, Zoning and Code Compliance and/or Town Counsel to take
such other and further action as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 15th day of July,2019,by the following vote:
AYES :
NOES :
ABSENT:
WARRANTY DEED WITH LIEN COVENANT AND RIGHT-OF-WAY EASEMENT
DATE OF DEED: , 2019
GRANTOR: QUEENSBURY LAND CONSERVANCY, INC., a Not-For-Profit Corporation
organized pursuant to the laws of the State of New York
169 Haviland Road
Queensbury, New York 12804
GRANTEE: TOWN OF QUEENSBURY a municipal corporation of the State of New York
742 Bay Road
Queensbury, New York 12804
WITNESSETH
WHEREAS, Grantor is the owner of certain lands which are located off Ogden Road in the
Town of Queensbury, County of Warren and State of New York, having a Tax Map number of 315.-
1-8.3 and being more particularly described in the deed recorded in the Warren County Clerk's
office in Book of Deeds 5261 at Page 54 on November 9, 2015 (the "Grantors' Property"); and
WHEREAS, Grantor desires to convey a cemetery parcel located in the interior of Grantor's
parcel and being more particularly describe in the Schedule A to the Town of Queensbury (the
"Cemetery Property); and
WHEREAS, Grantee requires a right-of-way in order to access Cemetery Property; and
WHEREAS, Grantors previously granted an easement in favor of Open Space Institute
Land Trust, Inc. by Conservation Easement being described in a deed recorded in the Warren
County Clerk's office in Book of Deeds 5261 at Page 59 on November 9, 2015, requiring Open
Space Institute Land Trust, Inc. permission in writing for further conveyance of the Grantor's
Property; and
WHEREAS, Open Space Institute Land Trust, Inc. has approved, in writing, the conveyance
of the Ogden Cemetery, consistent with Sections 3.07(b), (c), and (a) and 3.09; and
WHEREAS, Open Space Institute Land Trust, Inc., assigned and the Town of Queensbury
assumed rights and duties pursuant to the Conservation Easement Assignment and Assumption
Agreement dated November 8, 2018 and recorded in the Warren County Clerk's Office on June 27,
2019 at Book 5948 of Deeds, Page 33; and
WHEREAS, the Town by accepting this Warranty Deed and arranging for it to be recorded,
approves as per the Assignment and Assumption Agreement, the granting of the Cemetery and
Right-of-Way Easement included herein;
THIS WARRANTY DEED made between Grantor and Grantee on the date stated above
WITNESSES THAT GRANTOR in consideration of
One Dollar($1.00)
lawful money of the United States and other good and valuable consideration, paid by Grantee,
DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and his heirs and assigns forever
all that property located at:
Parcel off of Ogden Road
Town of Queensbury
County of Warren
State of New York
Portion of Tax ID No.: 315.-1-8.3
(THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE A ATTACHED)
The Grantors further hereby grant, release, transfer and convey to the Grantee, its successors
and assigns forever, the right, privilege and authority to construct, maintain, operate, repair, replace
and/or any other activity necessary to install and maintain a right-of-way for ingress and egress for
Grantee's access over the Grantor's property, being thirty feet (30') wide, fifteen feet (15') to each side
of the center of the line identified as" R.O.W. to Cemetery" in the Schedule B map attached hereto,
situate in the Town of Queensbury, County of Warren, State of New York.
The Grantee and its heirs, successors and assigns may remove from within the boundaries of
the permanent easement described herein any obstruction which may interfere with the access to or
the installation, repairing, replacing, maintaining or use of said utility easement area.
This Easement shall run with the land and be binding on the parties hereto and their
respective heirs, successors and assigns and benefiting and becoming permanently appurtenant to
the Grantee's Property. Grantor hereby warrants that it has fee simple title in the area of land or
property comprising the easement area and right-of-way described herein, and that it has good and
lawful right to convey the rights conveyed by this instrument to the Grantee.
THIS GRANT IS MADE:
TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said
premises.
TO HAVE AND TO HOLD the premises granted by this Warranty Deed unto the Grantee and
his assigns forever.
AND THE GRANTOR COVENANTS as follows:
FIRST: That Grantee shall QUIETLY ENJOY said premises;
SECOND: That Grantor will forever WARRANT the title to said premises;
THIRD: THAT, IN COMPLIANCE WITH SECTION 13 OF THE LIEN LAW, Grantor will
receive the consideration for this conveyance and will hold the right to receive such consideration as a
trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the
same first to the payment of the cost of the improvement before using any part of the total of the same
for any other purpose.
If there is more than one Grantor or Grantee, the words "Grantor" and "Grantee" used in this
deed includes them.
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IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRANTY DEED on the
deed date stated above.
IN PRESENCE OF
QUEENSBURY LAND CONSERVANCY, INC.
BY: (L.S.)
LEON STEVES, President
STATE OF NEW YORK )
)ss.:
COUNTY OF WARREN )
On this day of , in the year 2019 before me, the undersigned, personally
appeared Leon Steves, 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
REAL ESTATE FORMS\Warranty Deed and ROW Easement Queensbury Land Conservancy to Town of Queensbury-July 2019
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$
SCHEDULE A
ALL that certain piece or parcel of land situate, lying and being in the Town of
Queensbury, County of Warren and the State of New York, more particularly bounded and
described as follows: BEGINNING at an iron rod set in the ground for a corner at the
northeast corner of the parcel being described herein and located South 16 degrees, 55
minutes and 07 seconds West, at a distance of 1536.65 feet from the southeast corner of the
lands conveyed to the Town of Queensbury and by Queensbury Land Conservancy by deed
dated April 25, 2016, recorded in book 5407 of deeds at page 313, being also the northeast
corner of the parcel conveyed to the Queensbury Land Conservancy by deed dated October
29, 2015, recorded in book 5261 of deeds at page 54; running thence from said point of
beginning South 01 degrees, 34 minutes and 47 seconds West, a distance of 28.00 feet to an
iron rod set in the ground for a corner; thence running North 88 degrees, 25 minutes and 13
seconds West, a distance of 42.00 feet to an iron rod set in the ground for a corner; thence
running North 01 degrees, 34 minutes and 47 seconds East, a distance of 28.00 feet to an
iron rod set in the ground for a corner; thence running South 88 degrees, 25 minutes and 13
seconds East, a distance of 42.00 feet to the point and place of beginning, containing
1,176.00 square feet of land to be the same more or less.
Bearings given in the above description refer to magnetic North.
This conveyance is subject to a perpetual conservation easement which runs with the land
and which was granted to Open Space Institute Land Trust, Inc. by the Queensbury Land
Conservancy, Inc. by instrument dated October 29, 2015 and recorded November 9, 2015 in
the Warren County Clerk's Office in Book 5261 of Deeds at Page 59, which was assigned to
the Town of Queensbury pursuant to a Conservation Easement Assignment and Assumption
Agreement dated November 8, 2018 and recorded in the Warren County Clerk's Office at
Book 5948 of Deeds, Page 33.
TOGETHER with and SUBJECT to all enforceable covenants, easements, restrictions and
conditions of record.
Being a portion of the premises described in a deed dated October 29, 2015 from Open
Space Institute Land Trust, Inc. to Queensbury Land Conservancy, Inc. and recorded in the
Warren County Clerk's Office on November 9, 2015 in Book 5261 of Deeds at Page 54.
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