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easement 2I) EC "E1! 11c, OR PLACEMENT OF ON- TER TREATMENT SYSTEM AUG 0 9 2019 OWN of QUEENS BUILDING&CODPS. WHEREAS certain rea prope pre in the Town of Queensbury, Warren County,New York as more particularly described in a deed from Frank M. Brenneisen Sr.to Karl A. Brenneisen, as Trustee of the Frank M. Brenneisen, Sr. Irrevocable Trust dated March 11,2014,a copy of which was recorded in the Warren County Clerk's Office on March 31,2014 in Book 4959 at Page 152(hereinafter PREMISES OF BRENNEISEN)requires the placement of a portion of its on-site waste water treatment system upon adjacent lands,and WHEREAS GLEN LAKE PARK, INC. is a duly organized New York State Corporation having an address at 32 Sullivan Drive,Lake George,New York 12845 (hereinafter PREMISES OF GLEN LAKE PARK, INC.)and it is the owner of those adjacent lands aforementioned and as mentioned as the "Recreation Field"and is more particularly described in a deed recorded at the Warren County Clerk's Office dated September 7, 1954 and recorded on September 15, 1954 in Book 335 at Page 578 WHEREAS the parties are desirous in entering into a written agreement establishing the easement described herein for the benefit of the PREMISES OF BRENNEISEN and creating a burden on the part of the PREMISES OF GLEN LAKE PARK,INC. NOW and THEREFORE in exchange of ONE DOLLAR and other good and valuable consideration and upon the exchange of mutual promises herein contained,the parties hereto hereby establish and provide a septic easement upon the following terms and conditions: 1. The PREMISES OF BRENNEISEN shall be permitted to install and maintain portions of its on- site waste water treatment system upon the PREMISES OF GLEN LAKE PARK, INC. in that area more particularly described on the attached Schedule A. 2. The PREMISES OF GLEN LAKE PARK, INC. shall be servient to the installation and maintenance of the on-site waste water treatment system components that are installed,utilized and maintained by the PREMISES OF BRENNEISEN. 3. The PREMISES OF BRENNEISEN shall upon reasonable requirements and under circumstances where maintenance shall require shall have access to those areas within the described Schedule A for the purposes of upkeep,repair or replacement of the septic system. 4. The PREMISES OF GLEN LAKE PARK,INC. that are encompassed within the area described in the attached Schedule A shall be maintained"at grade"so as to assure that the Recreation Field shows no apparent installation of an underground septic system. Should at any time in the future the septic system repair or maintenance require digging,excavation or similar disturbance of the ground or grass on the PREMISES OF GLEN LAKE PARK,INC. it shall be the sole responsibility of the PREMISES OF BRENNEISEN to assure that such maintenance, upkeep, care and ground disturbance is kept to a minimum, completed promptly and in a workmanlike manner so as to avoid any unsafe conditions or attractive nuisances where the public, guests or invitees could be injured. The PREMISES OF BRENNEISEN and its present owners and all successors in interest hereby specifically indemnify the PREMISES OF GLEN LAKE PARK, INC. and its owners from any and all claims for personal injury or death that may arise or could be claimed to have been proximately caused by the privileges of the PREMISES OF BRENNEISEN as herein provided. 5. This septic easement is given in furtherance of a resolution of the GLEN LAKE PARK, INC. Corporation which was duly considered,acted upon and approved by its corporate officers and/or board of directors. 6. This septic easement shall be considered permanent and "run with the land". 7. This septic easement as granted herein shall be binding upon the original parties and all successors in interest to those properties herein specified. • IN WITNESS HEREOF the parties hereto have executed their signatures the date indicated on each acknowledgement. GLEN LAKE PARK, INC. FRANK M. BRENNEISEN, SR. IRREVOCABLE TRUST dated 3/11/2014 By: By; SEAN QUILLINAN, President KA A. BRENNEISEN, Trustee STATE OF NEW YORK) COUNTY OF WARREN)ss.: On this 1 day of U in the year 2019, before me. the undersigned. a Notary Public in and for said state. per o ally appeared SEAN QUILLINAN. personally known to me or provided 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 �V, NOTAq�1j�PA ():NO.01HA835067r 1 QUALIFIED IN t WARREN COUNTY STATE OF NEW YORK) COMM.EXP. 14.N.• 11-14-202o ,•,� COUNTY OF WARREN)ss.: `4�TF o�NE��o,.�` On this day of in the year 2019, before me, the undersigned, a Notary Public in and for said state, personally appeared KARL A. BRENNEISEN, personally known to me or provided to me on the basis of satisfactory evidenc to be the individual whose name is subscribed to the within instrument and acknowledge o rye that he executed the same in his capacity, and that by his signature on the instrument, e individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public `` 0 n co, .. p NOTARYy �• o PUB���� •••.9 U465N c~QV �:��'j '•.,, �C 30.'L;y0 "'gTF•OF'N .' a,,,,,,,,,i,„„0• 12-017 August 5, 2019 Suggested description of a septic easement within the lands of Glen Lake Park Inc. by deed book 335 at page 578. 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 a point in the division line between the lands of Glen Lake Park Inc. on the east, and Frank M. Brenneisen Sr. on the west, said point of beginning being located South 07 degrees, 34 minutes and 03 seconds East,a distance of 3.66 feet from the northeasterly corner of lands as conveyed to Frank M. Brenneisen Sr. by deed book 4359 at page 278;thence running through the lands of Glen Lake Park Inc. by deed book 335 at page 578,the following seven courses and distances: (1) North 87 degrees, 25 minutes and 10 seconds East, a distance of 45.52 feet; (2)South 47 degrees, 02 minutes and 47 seconds East, a distance of 29.39 feet; (3)South 02 degrees, 38 minutes and 56 seconds East, a distance of 63.52 feet; (4)South 87 degrees, 22 minutes and 03 seconds West, a distance of 36.77 feet; (5) North 02 degrees, 39 minutes and 01 seconds West, a distance of 58.20 feet; (6) North 47 degrees, 02 minutes and 47 seconds West, a distance of 8.88 feet; (7)South 87 degrees, 25 minutes and 10 seconds West, a distance of 21.38 feet to a point in the easterly boundary of lands as conveyed to Frank M. Brenneisen Sr. by deed book 4359 at page 278;thence running in a northerly direction along the easterly bounds of lands of Brenneisen, North 07 degrees, 34 minutes and 03 seconds West, a distance of 20.08 feet to the place and point of beginning, containing 3480.7 square feet of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements of record. Van Dusen &Steves Land Surveyors NYS Lic. #50135