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DeedIle WARRANTY DEED with Lien Covenant Coua;% ile,ks- L?(efr Nov 19F2012 37P Pamela 1. osel Warren Ccunes ier: 401_1 THIS INDENTURE, made this (S'day of November, Two Thousand Twelve, BETWEEN CHRISTINE A. MOZAL, residing at 99 Fitzgerald Road, Queensbury, New York 12804, .party of the first part, and ROBERT G. HOGAN and ELIZABETH L. HOGAN, husband and wife, as tenants by the entirety, residing at 14 Coolidge Avenue, Glens Falls, New York 12801, parties of the second part, WITNESSETH that the party of the first part, in consideration of ONE DOLLAR ($1.00) lawful money of the United States, and other good and valuable consideration paid by the parties of the second part, does hereby grant and release unto the parties of the second part, their heirs and assigns forever, 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, being revised Lot 2 as shown on a map made for Christine Mozal by Van Dusen & Steves Land Surveyors, dated October 3, 2008, last revised December 8, 2011, which map was filed in the Warren. County Clerk's Office on April 24, 2012 in Plat C 284, more particularly bounded and described as follows: BEGINNING at a point in the southerly shore of Glen Lake at the most northerly comer of lands of Marshall; running thence northeasterly along the shore as it winds and turns a distance of 101.00 feet more or less to the northwest comer of lands now or formerly of Nolan; thence running along said lands, South 44 degrees, 00 minutes and 17 seconds East, a distance of 12.00 feet more or less to a capped iron rod found in the ground for a corner; thence continuing along said lands of Nolan, South 44 degrees, 00 minutes and 17 seconds East, a distance of 375.16 feet to a capped iron rod found in the ground for a corner; thence running -along the lands of the Surrey Field Homeowners Association the following two courses and distances: (1) South 75 degrees, 21 minutes and 13 seconds West, a distance of 320.00 feet; (2) South 61 degrees, 21 minutes and 13 seconds West, a distance of 239,00 feet to the northeast corner of lands now or formerly of Rowley; thence running along said lands, North 56 degrees, 55 minutes and 47 seconds West, a distance of 220.65 feet to the most southerly corner of lands of Charles Carder; thence running along said lands the following two courses and distances: (1) North 49 degree , 12 minutes and 13 seconds East, a distance of 50.00 feet; (2) North 57 degrees, 30 minutes and 13 seconds East, a distance of 50.00 feet to the most southerly corner of lands of Clay and Jane Ashworth; thence running along said lands, North 57 degrees, 30 minutes and 13 seconds East, a distance of 126.36 feet to the most easterly corner thereof and the most southerly corner of lands of Thomas Onderdonk, being also the northwesterly comer of revised Lot 1; thence running along the division line between revised Lot 1 and revised Lot 2, the following five courses and distances: (1) South 12 degrees, 31 minutes and 42 seconds West, a distance of 85.41 feet; (2) South 80 degrees, 01 minutes and 18 seconds East, a distance of 70.92 feet; (3) North 68 degrees, 29 minutes and 59 seconds East, a distance of 228.33 feet; (4) North 23 degrees, 35 minutes and 16 seconds West, a distance of 110.00 feet; (5) South 80 degrees, 15 minutes and 13 seconds West, a distance of 20.34 feet to the southeast comer of lands of Marshall; thence running along said lands of Marshall, North 27 degrees, 09 minutes and 18 seconds West, a distance of 105.43 feet; thence continuing along said lands of Marshall, North 27 degrees, 09 minutes and 18 seconds West, a distance of 2.00 feet to the point and place of beginning, containing 2.42 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. TOGETHER with an easement for ingress and egress for vehicle or pedestrian use, 12 feet wide, from the parcel of land being conveyed to the terminus of Fitzgerald Road, a town road. SUBJECT to an easement for ingress and egress for pedestrian use through the parcel of land being conveyed ;for access that serves the 5.2 acre parcel to the east of the parcel being conveyed and allows the connection of that parcel to the terminus of Fitzgerald Road, a town road. The location of which is to be mutually agreed upon by the grantees and the owners of the 5.2 acre parcel to the east. In 1995, the party of the first part built a structure blocking the potential right of way. The party of the first part assigns the rights she acquired as to termination of the right of way by said construction, which has been continuous, open, under claim of right and a hostile occupancy of the area occupied by the structure. LITTLE & O'CONNOR ATTORNEYS, P.C. 19 WEST NOTRE DAME STREET-P.O. BOX 898 GLENS FALLS, NY 12801 TEL (818) 792-2113 SUBJECT to all easements and restrictions of record. BEING a portion of the premises conveyed to Christine A. Mozal, by deed from Richard J. Mozal, dated October 31, 2008, which deed was recorded in the Warren County Clerk's Office on November 3, 2008 in Volume 3661 at Page 105, as Instrument No.: 2008-00009112, with premises conveyed to Christine A. Mozal by Boundary Line Agreement, dated August 6, 2012, which was recorded in the Warren County Clerk's Office on November 2012 in Volume at Page as Instrument No.: SUBJEC' TO an easement for purposes of construction and maintenance of a septic system to serve Lot 1. Said easement shall include access through Lot 2, as said Lot is shown on the above referred to map. THE area where said septic system may be located is described as follows: ALL THAT PARCEL OR PIECE OF LAND situate in the Town of Queensbury, County of Warren and State of New York, more particularly described as follows: BEGINNING at a point which marks the southeasterly corner of Lot 1; running thence on a course N 68°29'59" E, a distance of 17.44 feet to a point; running thence on a course S 44° 09' 00" E, a distance of 48.53 feet to a point; running thence on a course S 68° 29' 59" W, a distance of 63.99 feet to a point; running thence on a course N 44°09'00" W, a distance of 48.53 feet to a point in the southerly boundary of Lot 1; running thence on a course N 68°29'59" E, along said southerly boundary, a distance of 46.55 feet to the point or place of beginning. SUBJECT to conditions made a part of the subdivision approvals and maps, made by the Queensbury Planning Board on July 7, 2009 (Sheets S-1, S-2 and S-3), filed in the Warren County Clerk's Office on September 1, 2009, as Plat C 135, as modified by the Queensbury Planning Board on March 27, 2012 (Sheet S-1), filed in the Warren County Clerk's Office on April 24, 2012, as Plat C 284. TOGETHER with the appurtenances and all the estate and rights of the parry 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 party of the first part covenants as follows: FIRST, That the parties of the second part shall quietly enjoy the said premises; SECOND, That said party of the first part will forever warrant the title to said premises. THIRD, That, in compliance with Section 13 of the Lien Law, 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. IN WITNESS WHEREOF, the party of the first part has hereunto set her hand and seal the day and year first above written. IN PRESENCE OF \ a 92 Pl CHRISTINE A. MOZAL STATE OF NEW YORK ) COUNTY OF WARREN ) SS.: 9 On the LS day A +J+� � in the year 2012, before me, the undersigned, personally appeared CMUSTINE A. MOZAL, 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 she executed the same in her cpKity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, ecu d the instrume 1 OCONb10R Notary Public M1C1-lAs o State of id3j400rk p otaN P .402OC29 ot. 9, 201- C... r G';"�,+_1aT.TLE'' 'CONNOR ATTORNEYS, P.C. 1,q 19 WEST NOTRE DAME STREET-P.O. BOX 898 GLENS FALLS, NY 12801 TEL. (518) 792-2113