DeedN.X. DBEU-WARR"Tl with Lien //Covenant
ThIS INDENfuRE, Made the � fK day of March, Nineteen
W
rn
Hunared and Ninety -Two
rA.
Ob BETWEEN:
c.
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A. ROBERT STEWART and JESSIE W. STEWART,'husband
and wife, residing in the Town of Queensbury,
Qy County of Warren and State of New York,
parties of the first part, and
RICHARD $ELL and IRENE BLUER, residing at 7B
Cypress Point, Town of Clifton Park, County of
Saratoga and State of New York, as Joint Tenants
with the right of survivorship,
parties of the second part,
WITNESSETH that the.parties of the first part, in
consideration of . . . . one Dollar ($1.00) . . . . . .
lawful money of the United States, in hand paid by the
parties of the second part, together with other good and
valuable consideration, do hereby grant and release unto the
parties of the second part, the heirs or successors and
assigns of the parties of the second -part, forever,
ALL that certain parcel of land situate in the Town of
Queensbury,_Warren County, New York, as.more fully described
on the attached Schedule A.
TOGETHER with the appurtenances and all the estate and
rights of the parties of the first part in and to said
premises, TO HAVE AND To HOLD the.premises herein.granted
unto the parties of the second part, their heirs and assigns
forever.
AND said parties of the first part covenant as follows:
FIRST, That the parties of the second part shall quietly
enjoy the said premises;
SECOND, That said parties of the first part will forever
WARRANT the title to said premises.
yt�rpF'rE:S
FSC,;4. rg-1ATE
N 106 —
MAR 2 3 092
TRANSFER TAX
mil-
WAflRLN COUNTY
I THIRD, That in compliance with Section 13 of the Lien Law,
r
the grantors will receive the consideration for this A
conveyance and will hold the right to receive such � I
. Gfl
consideration as a trust fund to be applied first for the.
purpose of paying the cost of the 'improvement and will apply I
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 parties of the first part have
hereunto set their hands and seals the day and year first
above written.
A. ROSERT STEWART
JESSIE W. STEWART
STATE OF NEW YORK )
COUNTY OF WARREN ) ss.:
On this day of March, Nineteen Hundred and
Ninety -Two before me came A. ROSERT STEWART, to me known to
be the individual described in, and who executed, 'the
foregoing instrument, and he acknowledged that he executed
the same.
Notary Public
Comm. Expires
JOHN C. MANNIX
STATE OF NEW YORK ) NotaryPuhuc,Sla!eotNew York
Warren County
COUNTY OF WARREN ) ss.. Commission Expires j , aye "Cq_3
On this day of March, Nineteen Hundred
and Ninety -Two before me came JESSIE W. STEWART, to me known
to be the individual described in, and who executed, the
foregoing instrument, and she acknowledged that she executed
the same.
Notary Public
Comm. Expires
JCN.i C. M.ANNIX
s F late-wd NataryPeoi,c,5!XeotNew York
Warren County
Commission Expires ' � 7� J ,��
-2-
SCHEDULE A
I
is
All that certain parcel of land situate in the Town of Bueenubury,
Marren County, nod'York, located on the northerly aide of New York State
Route 9-L and on the southerly shore of Harris Bay in Lake George, in said -
town, being a portion of Lot No. 34 of the French Mountain Tract. and which ['
parcel is bounded and described as follows IF
co BEGINNING at a point in the northerly line of New York State Route 9-L
Cd
;2 at the southwest corner of lands of the Harris Bay Yacht Club, Inc., run- f
ning thence from the point of beginning South 82 degrees 46 minutes 40
G
seconds West along said northerly line, for a distance of 434.41 feet to a
concrete highway monument; thence continuing along said northerly line j
i
South 85 degrees 43 minutes 40 seconds dent for a distance of 60.00 feet;
thence the following five courses and dietancee through the lands of A.
Robert Stewart, viz.o
1) North 01 degree 49 minutes 30 seconds East, 125.42 feet;
2} North 25 degrees 15 minutes 50 seconds East, 36.03 feet?
3; North 69 degrees 01 minute 50 seconds East, 88.44 feet to a point
at or near the southerly edge of an existing macadam driveway;
4! North 08 degrees 17 minutes 35 seconds fleet, 149.44 feet; and
5; North 03 degrees 40 minutes 25 seconds East, 23.78 feet to a point
on the southerly shore of Harris Bay; thence in an easterly direction along
said bhore line, as it winds and turns, for a distance of 157.00 feet, wore
or less, to a point on said shore line and which said point is situoto of n
distance of 149.69 feet on a course of North 74 degrees 39 minutes 40
seconds East from the previously mentioned point on said shore line; thence
South 39 degrees 53 minutes 50 seconds East and along the westerly line of
Harris Bay Yacht Club, Inc., for a distance cf 443.49 feet to the point of
beginning.
Containing 2.68 acres, more or les®.
Being the easterly portion of those premises conveyed by Harris Bay
Development Corp. to A. Robert Stewart by dead dated January 3, 1978 and
recorded in the Marren County Glerk'n Office in Bouk 623 at Deeds €;t page
65, and which premises were subsequently conveyed by A. Robert Stewart to
A. Robert Stewart and Jessaie W. Stewart by deed dated November 24, 1982 and
recorded in amid clerk's office in Book 650 of Deeds at page 354.
Being also a portion of parcel °B° am shown on a 'Clap of Lando of
Harris Bay Development Corporation," dated July 22, 1977, field in the
Warren County Clerk's Office on August 8, 1977, and wade by Coulter,
FcCormack 8 Dickinson, Professional Surveyors and Engineers, Glens Falin,
... coast Id
New York.
As said premises are depicted upon a map entitled "Map w
of a Subdivision of lands of A. Robert and Jessie W. A
Stewart Being Part of Lot 34 French Mt. Tract Situate on
Harris Bay - Lake George, Town of Queensbury - Warren Co. 00
New York", dated January 31, 1992, which map was made by CA
Coulter s McCormack, Licensed Land Surveyors, Glens Falls,
New York, an original copy of which map is intended to be ^•
filed simultaneously with the recording of the within
Instrument.
LU
EXCEPTING AND RESERVING unto the said A. Robert Stewart
and Jessie W. Stewart a right-of-way for ingress and egress
for pedestrians and vehicles to and from the premises hereby
retained by the said Stewarts over and across that portion
of the driveway leading in a general northwesterly direction
from New York State Route 9-L over and across the premises
hereinabove conveyed to the said premises reserved by the
said Stewarts.
AL50 GRANTING AND CONVEYING unto the said Richard Bell
and Irene Bluhm, a right-of-way for ingress and egress for
pedestrians and vehicles to and from the premises hereby
retained by the said Stewarts unto that portion of the said
driveway as shown on said map as runs in a general westerly
direction from the common boundary line of the parties to
that point on the common boundary line of the parties where
it meets with the driveway leading from the frame house on
the premises hereby conveyed and as shown on said map. The
easement' hereby granted shall not include the right to use
L more than that portion of the drive on the premises hereby
retained by the Stewarts than is reasonably necessary to
effect ordinary ingress and egress for pedestrians and
automobiles.
The parties hereto shall share equally in the costs of
the repair, maintenance, including, without limitation, snow
removal and plowing, provided, however, that the parties
shall be responsible for the maintenance of the balance of
any driveway or parking area which now or hereafter shall
exist upon their respective premises, it being the intent of
the parties that the aforesaid costs sharing shall only
relate to those portions of the said driveway as are
excepted, reserved or granted herein.
The parties hereby agree that no structure such as a
sun deck, boathouse or out -building, whether temporary,
seasonal or permanent, shall be erected or maintained by
either party at or near the shoreline of Lake George in such
manner that the same shall interfere with the free and
unobstructed view of Lake George from the location, of the
existing frame houses. This restriction shall not prevent
the said Richard Bell and Irene Bluhm from constructing and
maintaining a dock of the customary wooden stake variety or
equivalent, provided, however, that the same shall be
constructed and maintained in accordance with all Federal,
State, County and municipal and governmental laws, rules and
regulations.
In addition, the parties agree that no natural or
artificial trees, vegetation, fences or barriers of any kind
shall be erected or maintained, whether seasonal or
permanent, in any location which would likewise interfere
with the free and unobstructed view of Lake George by the
other party.
C',.,,
s ; iste-scha + �::, C3 ; : 12r,
J.c. v�
BOUNAARY LINE AGREEMENT
Tr��
This is an Agreement made this 1 day of April, 2006 by and between THOMAS C.
DITTUS and CHRiSME M. DITTUS. both residing at P.O. Box 94, Cleverdale, New York
12820, hereinafter called parties of the first part, and G. CHARLES MUNZENMAIFR and .LTSA
C. MUNZENMAMR, both residing at 2760 State Route 9L, Lake George, New York 12845,
hereivafie.r called the parties of the second part, and provides as follows:
WHEREAS, the parties to this Agreement are the present owners in fee of adjoining
parcels of real property located off of State Route 9L in the Town of Queensbury, County of
Warren, State of New York; and
WHEREAS, the parties of'the first part hold title by virtue of a deed from Robert D.
Clickner and Mary A. Clickner, his wife, and Jessie W. Stewart dated September 28, 1998 and
recorded with the Clerk of the County of Warren on October:14, 1.998 in Books 1.086 of Deeds at
Page 35; and
WHEREAS, the parties of the second part hold title by virtue`of a deed from Richard Bell
and ITene Bluhm dated April 2411998 and recorded with the Clerk of the County of Warren on
April 24, 1998, iu Book 1062 of Deeds at Page 224; and
NOW, THEREFORE, WITNESSETH:
That, in consideration of the mutual promises and conveyances herein contained, and
other good and valuable consideration receipt of which is hereby mutually acknowledged, the
parties agree as follows'
The cor m.on boundary line of the parties' respective properties shall hereafter be
del'Ined and described. as set forth in Schedule A {the "New BouDdary Line"} as
depicted. and identified on a survey map dated May 3, 2003 prepared by John F_
Grady, Liceyksed Land Surveyor, and last revised on August 25, 2005 a copy of
which is annexed hereto and rnade a part hereof as Schedule B (hereinaf1cr
-survey map").
2. The parties of the first part liexeby release, grant and quit claim to the parties of
the second part, their heirs and assigns, all right, title and interest to the lands
lying to the south east of the New Boundary Li -lie as depicted on the Survey Map.
3 The parties of the second part hereby release, grant and quit claim to the parties of
the first part, their heirs and assigns, all right, title and interest to the lands lying to
the nortb west of the New Boundary Line as depicted ot), the SulVey Map_
above.
4. This Agreement shall run with the land and shall be binding upon the Parties
hereto and inure to the benefit of their respective successors and assigns.
iN WITNESS WHEREOF, we have hereunto set our hands and scats On the date first
_ C ,
Thomas C. Dittus
Ch - ine . Dittus
opw7. Charlcs 9 Murzgunaier ` T
Lisa munzernaier
STATE OF NEW YORK )
,, r )ss.
COUNTY OF �vovw )
c.�.IL.
Orr this thu day of March. in the year 2006 before me, the undersigned a Notary
Public in and for said State, personally appeased Thomas C. Dittus and Christine M. Dittu.s
personally known tome or proved. tome oil the basis of satisfactory evidence to be the
individuals whose names are subscribed to the within instrunrxent acid acknowledged to inc that
they execrated the same in their capacity, and that by their signature on the instrument, the
individuals, or the persons upon behalf of which the individuals acted, executed the instrument,
Notary Pu1£�� 8 . MAHONEY
1ltatary 1'ub to 0# New Yorlr
35
STATE Olu NEW YORK ) de. in Saar to a G
t3ualitied trr Saratoga County {�
W va )SS.: MY Commission Ewes MarC$1. 0 c
COUNTY OF WY 4 )
Qn this the day of npril in the year ZOOti before me, the undersigned a Notary
PtrUlic i..tt. and :For said State, personally appeared Charles G. Mtmzemnaier and Lisa
Mtmzenmai.er personally known to nee or proved to me o3). the basis of sa.ti.sfactory evideuce to be
the individuals whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their capacity, and that by their signature on the instrument, the
individuals, or the persons upon behalf of which the individua]s acted executed the instrument.
NoWPhbRe
#209949 ELISASFFH S. MAHONEY
Notary Putalic, State of New YOA
No. 02MA61W55
Qualified in Saratoga couniy
My Commimion Expires area 1. 0
SCHEDULE "A"
Commencing at a point in the north bounds of-N.Y.S. Route 9-L, said point being in the
southwest corner of the lands.of G. Charles Munzenmaier as.dcscribed in Liber 1062 of
Deeds at Page 226- said point also being in the southeast corner of the lands Cif Thnmas
C. Dittus and Christine M. Dittus, as described in Liber 1086 of Deeds at Page 36; thence.
North 16a-06'-00" .East, 30.0U' to an iron rod set; thence North 00"-50'-20" West, 35.63, to
an iron rod set; thence North 46 58'-44" East, 21.93' to an iron rod set; thence continuing
North 46°-58'-44" East, 17.64' to an iron rod set; thence North. 340-48'-40" East, 73.90'-to
an iron rod set; thence North 480-20'-52" East, 21.56' to an iron rocs set; thence North 73°-
05'-44" East, 15.69' to an iron rocs set; thence North 87°-02'-41" East, 37.43' to an iron rod
scat in the presently existing boundary line between the lands of Dittus on t.lre west and
Munzenmaier on the east_
SCHEDULE 3
THE RESTRICTIVE COVENANT
The parties hereby agree that no s&ucture such as a sun deck or boathouse, whether
temporary, seasonal or permanent, shall be erected or maintained by either party at or near the
shoreline of Lake George in such manner that the same shall interfere with the free and
unobstructed view of Lake George from the location of the existing frame houses.