4.10 4.10
Property Purchases of Acquisitions\Holly Lane—Quit Claim Deeds to Brian Hogan—6-13-2022
RESOLUTION AUTHORIZING QUIT CLAIM DEEDS TO
AND ACCEPTANCE OF EASEMENTS FROM BRIAN HOGAN
RELATING TO HOLLY LANE
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, Holly Lane is a Town Road by Use located in the Town of Queensbury
extending north from Brayton Lane, and
WHEREAS, despite the lack of any known deed conveying Holly Lane to the Town, the
Warren County Real Property Office has ascribed to the Town ownership over lands appearing on
the tax map as Holly Lane, which lands exceed the area of pavement identified as Holly Lane on the
Town's inventory of highways, and
WHEREAS, a landowner adjacent to Holly Lane, Brian Hogan, approached the Town in an
effort to clarify the records of the Warren County Real Property Office, and
WHEREAS, Mr. Hogan has requested that the Town convey certain lands under and around
Holly Lane to him by Quit Claim Deed, and
WHEREAS, during discussions with Mr. Hogan, it was identified that the Town Highway
Department has experienced less than ideal conditions when plowing Holly Lane due in part to how
narrow the roadway is and the inability to easily turn a Town plow truck around, and
WHEREAS, the lack of any clear snow storage area was also identified as a condition which
is less than ideal, and
WHEREAS, in return for quitclaiming such lands to Mr. Hogan, Mr. Hogan has agreed to
Quitclaim Easements to the Town over his Holly Lane property for snow storage and for use of a
turn-around area, and
WHEREAS, such Easements are to the Town's benefit and will assist in ongoing efforts to
maintain Holly Lane,
NOW, THEREFORE, BE IT
RESOLVED, that the conveyance of the proposed Deeds from the Town of Queensbury to
Brian Hogan referred to in the preambles of this Resolution does not constitute a SEQRA Action or
is a SEQRA Type II Action and, in any event, no SEQRA review is required prior to adoption of this
Resolution, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intention to issue the Quit
Claim Deeds in the form submitted to and reviewed by Town Legal Counsel or in a form
substantially similar thereto conveying any real property ownership rights that the Town may own in
lands under and adjacent to Holly Lane as that road is described on the Town Inventory of Highways
and in so declaring, the Town makes no statement whatsoever that it owns or ever has owned such
lands, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes conveyance of the Quit Claim Deeds at
issue, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby expressly accepts the conveyance of Easements
from Brian Hogan in perpetuity to the Town as set forth in the Quit Claim Deeds, and
BE IT FURTHER,
RESOLVED, that this conveyance is expressly made subject to permissive referendum in
accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs
the Town Clerk to publish and post such notices and take such other actions as may be required by law,
and
BE IT FURTHER,
RESOLVED, that following expiration of the permissive referendum period or, if a petition is
filed mandating referendum, after a referendum in which this conveyance is authorized by the voters,
the Supervisor is authorized to sign and deliver the Quit Claim Deeds to Mr. Hogan and any other
needed documentation for recording with all recording costs to be a cost to Mr. Hogan.
Duly adopted this 13t'day of June, 2022,by the following vote:
AYES
NOES
ABSENT:
Portion of Holly Lane to I
be conveyed to
— Tax 1,d.#:239.12.2•S6 t
Street No.34 Holly lane
r^•' t 4
Lands MRockhursl,LM t lands n6 Rxmaesi,I.I.C.
0five
-••..,,. -..'�' L2
She(isNa.3d1s7)
TaxPiTax Da23saa3 N89TE toaz 23s 1
t
.. ■w��r r�wr+w•r'��w�r r r r r r w�rrrrrr.�w r r wr���■r
N89'30'E, 223,18' sill, N0261, 130,92' ,
Easementforsnow
store a in this area Easement tar taming N
s � , T9wnp19wWcksin � :
Portion of Holly Lane to o ��j\ o
6 be conveyed to .� exdsOng ddveway N► ;
x Taxld,#:239,12.2.37 «; o�
o � \�v• Existing Leads of
Street No;33 Holly Lane �,y $Hogaa
8 g (114006) l iLAKE
W611401 ExistingLandsof p/ �;`� TAX 14.239.12.2•56 .GEORGE
M,O,Chip E.Hogan \q Street N0.34 Holly lane
(951d2361 s (VAUI09) II
AssemayPolNRd t Tax Ld,#;23912.2.37 y..'
Ta,1.0.ft239,12.2.32 Street No.33 Holly Lane
_
9773TW,—wr • .
lardsn48SonsM4LLC ;f
N (6416d237)
28HD4Lane
�
Tax IA,n239J2.2.57
I
o Rfl� �d)O}dets
G� landsnfiat s �I Q tom'/I, I
l;� lrLBS.Weinman '
(0d106)
b VacamLand /
Q Tax IA 9239.12.2.38
S 8'04'W
Lands n79aensd9 lardsM 0.Fane
"� InevxaMeTnut [[6744d276)
Q (6193d210) Rally Lane
► 90Ass Amin pird Rd. Tax W,0239.12.2.40
d TaxIA.8239,12.2a
4
' t t
'Unauthorised alteration oraddition to a survey mp beadoo a licensed land surveyor's seal is a violation of Section 7209 subdivision 2 of the Newhflate Education Law"
TITLE: lcriiacafiva+inJieaadlnnnn
On T S ! a;atihlhalthhrunq+r,+ipnpurcd
MAP OF PORTION OF HOLLY LANE TO BE CONVEYED la arrnrJan r+ii6 +,cosine
33&34 HOLLY LANE LANDS OF BRIAN HOGAN Cod e„
s adapunl8}'theAke1'orksi;ue
orl L 1C k1soddia9nfIlydmianallod
I /f sun'R,msaiJreni0rnt6wahaa
inn„ N t'a"""
VIH.4aE0k UEENSBURY STATEOFNEWYORK ranunf}'a,IheQrrnmbrcuham
t4 n 1 WARREN thrsaarci,uoxiva{f +erect.
05S t r, III�C orvcswu.aoavaxar 1113 001 and asditir Whiff w1hrytiitlr
fl � RAYMOND A.KOCH P,1aS,
a AR angran}te'nrrnanl"Ingrm7 GRAPHIC SCALE
M t1lAa" 1 (` DECEt�B R19202) �NDSVRVEYOR �+ '11,11Jhigin>iinnionli'mil+emna.
y�. osNrxk6wuoata»aaunuum 133MOHAWKAVENUE aaJa+ihra�ipnrr.a(1,niraJine
Rl� laNwluEnNulEtkgwHwu«� SCOTIA,NEWYORK12302 iaslitminn.t'rdi6caiiuncan,a„, 30 2D 10 0 teal 30 W
Py adsu ,r a RUmi 4.XL* (518)393.0989 randaabh�n,udditi�an( SCALE,la=39
k$ G+w{e lmirael,6Nwka a WA0.0A intliaaiun++,r n+huqurnl aunrn.
35.1
1.13A
A
(1
272
124 A, 35.2
1.01 A r
11,41 15pi5} �o
s� po 56
222
33 15is� 5 s1 00 A
s Al37 �� 0
a 1 �
�,j 'jsr o 57
32
35 �
r 31151 38 226i51 10p a 165is3
s u'
1a4is� 49 �s 40 150 64 34
--1
�s
�5(S)
31
35 30 a 41
39 1501a
N �
210iS�" a 100 dp 59
29 168
RO 'a
34
140 0
170.14 55
0 150
214is1 28 60
ro ^ 140
200(S) _ _ 82.26 w.62 0 1A6
Lo 54
245(S) � 43 p t 61
n' ` 151.35 cn
27 CD70 0 0 150
53
177
0 Abe-40 62
182(S) 152.90
26 52 o
30' ROW
0 a
175 --�
ry 7 .
i.L.. 125,0 726 15a.45
o 25 O 1a3.
o cs
Im U) Q
o
o Z o
175(S) 44 � rn � 162ga r m 1e
co
CR
`" 24 50
ul 48
w w O i
182.5 us
rn 123 w
23 w
0
45 0 49
176.84 co
o N /
m
h 22 123 at
185 � 46 0 to co
ti
16S.69 ." 123
42p.00
21 47 to
LANE
m m N 150.00
(33 Holly Lane)
QUITCLAIM DEED
THIS INDENTURE made the—day of , 2022 BETWEEN
TOWN OF QUEENSBURY, a Municipal Corporation with its principal offices located at: 742
Bay Road, Queensbury,New York 12804 (hereinafter referred to as "Grantor")and
BRIAN HOGAN,having an address at 34 Holly Lane,Queensbury,New York 12804(hereinafter
referred to as "Grantee")
WITNESSETH,that the Grantor,in consideration of ONE AND 00/100 DOLLAR($1.00)lawful
money of the United States, and other good and valuable consideration given by the Grantee, does
hereby remise, release and quitclaim unto the Grantee, the successors and assigns of the Grantee
forever,
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND situate in the Town of
Queensbury, County of Warren and State of New York, more particularly described in Schedule
A attached hereto and made a part hereof. The conveyance is further identified as "Portion of
Holly Lane to be conveyed to Tax Ld. #239.12-2-37 Street No. 33 Holly Lane" and depicted in
Schedule B attached hereto and made a part hereof.
By this conveyance, the GRANTOR makes no assertions whatsoever that it has ever owned the
lands herein described.
This conveyance is made SUBJECT to all covenants, conditions, easements and restrictions of
record affecting said premises.
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 herein granted unto the Grantee, the successors and
assigns of the Grantee forever.
AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the 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.
WITNESSETH, that the GRANTEE, in consideration of ONE and 0/100 DOLLARS ($1.00)
lawful money of the United States, and other good and valuable consideration given by the
GRANTOR, does hereby remise, release and quitclaim unto the GRANTOR, and its successors
and assigns forever, an easement located over lands identified as tax parcel 239.12-2-37 for the
purpose of snow storage the general location of which is depicted on the attached Schedule B.
THIS GRANT IS MADE TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the GRANTOR, and its heirs and
assigns forever.
AND the GRANTEE, in compliance with Section 13 of the Lien Law, covenants that the
GRANTEE 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.
IN WITNESS WHEREOF, the Grantor has duly executed this deed the day and year first above
written.
TOWN OF QUEENSBURY
By:
Brian Hogan John Strough,-Supervisor
STATE OF NEW YORK
SS.:
COUNTY OF WARREN
On the day of in the year 2022 before me, the undersigned, a notary
public in and for said State, personally appeared JOHN 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 the day of in the year 2022 before me, the undersigned, a notary
public in and for said State, personally appeared BRIAN HOGAN, 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
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE, LYING
AND BEING IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW
YORK, BEING more particularly bounded and described as follows:
BEGINNING at a capped iron rod being at the division line between lands now or formerly
of Rockhurst, LLC. (Book 6427 of Deeds at Page 187) on the North and lands now or formerly of
B. Hogan (Book 1243 of Deeds at Page 109) on the South, said point being in the West line of
Holly Lane, and runs THENCE North 89' 26' East, along the North line of said Holly Lane, a
distance of 8.5 feet to a point in the center of Holly Lane; THENCE South 05'44' East,through
Holly Lane a distance of 100.71 feet to a point in the center of Holly Lane, aforesaid; THENCE
South 89' 15'30" West, through Holly Lane a distance of 9.6 feet to a point in the Westerly line
of B. Hogan, aforesaid: THENCE North 05°08' West along the Westerly line of Holly Lane a
distance of 100.65 feet to the Point and Place of Beginning.
SUBJECT TO the right of public travel over and across that certain paved portion of Holly
Lane and the continued right of the Town of Queensbury, in addition to the traveled portion, to
keep and maintain the shoulders and adjoining property for ordinary repairs and improvements.
Holly Lane is a highway by use, opened to public travel and maintained by the Town of
Queensbury in accordance with section 189 of NYS Highway Law. Holly Lane is defined by the
Town of Queensbury as the paved area as it exists on this date, together with the shoulders used
for intermittent work. The intent of this instrument is to convey to Grantee all right, title and
interest of Grantor, if any, in and to the land described herein, subject to that certain highway by
use known as Holly Lane as described above.
Upon the execution and recording of this instrument, the premises described above shall
merge into one parcel with the lands conveyed to Grantee by deed dated December 3, 2001 and
recorded in the Warren County Clerk's Office on December 13, 2001 in Book 1243 at page 109.
This merger shall be self-executing.
Record & Return to:
Jeffrey Meyer,Esq.
Meyer, Fuller& Stockwell, PLLC
1557 U.S. 9
Lake George,New York 12845
(34 Holly bane)
QUITCLAIM DEED
THIS INDENTURE made the day of , 2022 BETWEEN
TOWN OF QUEENSBURY, a Municipal Corporation with its principal offices located at: 742
Bay Road, Queensbury,New York 12804 (hereinafter referred to as"Grantor")and
BRIAN HOGAN,having an address at 34 Holly Lane,Queensbury,New York 12804(hereinafter
referred to as "Grantee")
WITNESSETH,that the Grantor, in consideration of ONE AND 00I100 DOLLAR($1.00)lawful
money of the United States,and other good and valuable consideration given by the Grantee,does
hereby remise, release and quitclaim unto the Grantee, the successors and assigns of the Grantee
forever,
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND situate in the Town of
Queensbury, County of Warren and State of New York, more particularly described in Schedule
A attached hereto and made a part hereof. The conveyance is further identified as "Portion of
Holly Lane to be conveyed to Tax I.d. # 239.12-2-56 Street No. 34 Holly Lane" and depicted in
Schedule B attached hereto and made a part hereof. .
By this conveyance, the GRANTOR makes no assertions whatsoever that it has ever owned the
lands herein described.
This conveyance is made SUBJECT to all covenants, conditions, easements and restrictions of
record affecting said premises.
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 herein granted unto the Grantee, the successors and
assigns of the Grantee forever.
AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the 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.
WITNESSETH, that the GRANTEE, in consideration of ONE and 0/100 DOLLARS ($1.00)
lawful money of the United States, and other good and valuable consideration given by the
GRANTOR, does hereby remise, release and quitclaim unto the GRANTOR, and its successors
and assigns forever, an easement for the purpose of turning plow trucks around using the driveway
located on lands identified as tax parcel 239.12-2-56.
THESE GRANTS ARE MADE TOGETHER with the appurtenances and all the estate and rights
of the party of the first part in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the GRANTOR, and its heirs and
assigns forever.
AND the GRANTEE, in compliance with Section 13 of the Lien Law, covenants that the
GRANTEE 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.
IN WITNESS WHEREOF, the Grantor and Grantee have duly executed this deed the day and
year first above written.
TOWN OF QUEENSBURY
Brian Hogan
By:
John Strough, Supervisor
STATE OF NEW YORK
SS.:
COUNTY OF WARREN
On the day of in the year 2022 before me, the undersigned, a notary
public in and for said State, personally appeared JOHN 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 the day of in the year 2022 before me, the undersigned, a notary
public in and for said State, personally appeared BRIAN HOGAN, personally known to me or
proved to me on the basis of satisfactory evidence
cc 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
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE, LYING
AND BEING IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW
YORK, BEING more particularly BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING at a point at the division line between lands now or formerly of Rockhurst,
LLC. (Book 6427 of Deeds at Page 191) on the North and lands now or formerly of B. Hogan
(Book 1240 of Deeds at Page 96)on the East, said point being in the East line of Holly Lane, and
runs THENCE South 06' 21' East, along the South line of said Holly Lane, a distance of 100.77
feet to the Northeast corner of lands of 3 Sons & Holly LLC. (Book 6416 of Deeds at Page 237);
THENCE South 89' 15'30" West,through Holly Lane a distance of 9.6' feet to a point; THENCE
North 05' 44' West, through the center of Holly Lane a distance of 100.71 feet to a point in the
Southerly line of Rockhurst,LLC,aforesaid;THENCE North 89°26' East along the Southerly line
of Rockhurst, LLC a distance of 8.5' to the Point and Place of Beginning.
SUBJECT TO the right of public travel over and across that certain paved portion of Holly
Lane and the continued right of the Town of Queensbury, in addition to the traveled portion, to
keep and maintain the shoulders and adjoining property for ordinary repairs and improvements.
Holly Lane is a highway by use, opened to public travel and maintained by the Town of
Queensbury in accordance with section 189 of NYS Highway Law. Holly Lane is defined by the
Town of Queensbury as the paved area as it exists on this date, together with the shoulders used
for intermittent work. The intent of this instrument is to convey to Grantee all right, title and
interest of Grantor, if any, in and to the land described herein, subject to that certain highway by
use known as Holly Lane as described above.
Upon the execution and recording of this instrument, the premises described above shall
merge into one parcel with the lands conveyed to Grantee by deed dated November 19, 2001 and
recorded in the Warren County Clerk's Office on November 26, 2001 in Book 1240 at page 96.
This merger shall be self-executing.
Record & Return to:
Jeffrey Meyer, Esq.
Meyer, Fuller& Stockwell, PLLC
1557 U.S. 9
Lake George,New York 12845