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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. rn 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.