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Application & DeedSign Variance [ZBA approved November 15, 20i91 General Information Tax Parcel ID Number: 5 —o� " 3112 Zoning District: `,,� LT_ Detailed Description of Project [include current & proposed use]: -T�,* P 1i0 fOSw I s `>C0 ✓ w Sq Ks 0 in _ C4MPvs , ''or eplACe _Sj5XS w,,4L- he� a vve)t 6S ►3 540rrs A-eeo-ecc PDv u ajic, vd,r� poy pates , P1Ccs�e e" "AClreJ Location of Project: (Ir-OV Applicant Name: M&q Y) Mailing Address IF — Home Phone City, State, Zip Work Phone �� Cell Phone E-Mail: 24 FAX No. Agent's Name: Mailing Address Home Phone City, State, Zip Work Phone Cell Phone E-mail FAX No. Owner's Name Mailing Address Home Phone _ City, State, Zip Work Phone E-mail �� 9 �� bd � � Cell 11 Phone FAX No. J Page 1 ►J bbq 161 Carey Rd Sign Type Existing Proposed Length Width Total Sq Ft Height Setback Wall A Kinney Drugs X 6.33' 3' 19 sq Wall B Kinney Drugs X 6.33' 3' 19 sq Wall CD Hudson Headwaters Specialty Care X 8.66' 4.5' 139 sq Wall E Family Health X X 8' 6' 1.5' .83' 12 sq 3.25 sq Wall F Family Health Wall G Family Health X 6' .83' 3.25 sq Freestanding Main Monument MM1 X 10' 6.41' 64 sq Face Only 26.9' Freestanding/Monument BM 1 X 4' 5.5' 22 sq ft 7.08' 240.5' Freestanding/Monument BM 2 X 4' 6' 16 sq 6' 240.1' Freestanding/Monument BM 3 X 4' 6' 16 sq ft 161 191.5' Directional Double -Sided D 4 X 3' 2' 6 sq ft 4' 53' Directional Double -Sided #4 D 6 X 3' 2' 6 sq ft 4' 161.7' Directional Double -Sided #5 D 5 X 3' 2' 12 sq ft 5' 68.9' Directional Double -Sided #6 D 7 X 4' S' 20 s ft 7' 2.5' Directional Double -Sided #7 D 8 X 141 4' S' 20 sq ft 7' 2.0' Directional Double -Sided #8 D 9 X 3' 12 sq ft 5' 106.8' Sign Variance [ZBA approved September 21 2016] Site Development Data Area / Type Existing sq. ft. Proposed Addition sq. ft. Total sq. ft. A. Building footprint 45438 45438 B. Detached Garage 392 392 C. Accessory Structure(s) 667 667 D. Paved, gravel or other hard surfaced area 136155 136155 E. Porches / Decks F. Other G. Total Non -Permeable [Add A-F] 182652 182652 H. Parcel Area [43,560 sq. ft. / acre] 6313.04 6313.04 I. Percentage of Impermeable Area of Site [I=G/H] 28.93 28.93 Setback Requirements Area Required Existing a Proposed Front Yard [ 1 ] 75 89.8 Corinth 75 Corinth Front Yard [2] 75 240.1 Carey 197.6 Carey Shoreline Side Yard [1] 30 Side Yard [2] 30 Rear Yard [1] 30 69.4 78.9 Rear Yard [2] 30 >30' 43.9 Travel Corridor Height [maximum] Permeability Number of parking spaces Page 2 • y. Sign Variance [ZBA approved November 15, 2019] Compliance with Chapter 147 Si ij Ordinance 1. A scaled drawing of the entire sign(s) and site plan drawing showing the location is to be included in the submission packet ie on building and on site. Please note a survey is required unless a waiver is granted. 2. This application is for a change in the (check all that apply): Number oSigns: from (currently): _� to (proposed): Setback for Sign 1✓ Size of Sign Height of Sign Other (specify) at 3. Sign Dimension(s) J. 6. Additional information if applicable Page 3 Sign Variance [ZBA approved September 21 2016] The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this sign variance? The Cigna will not Ornchice a Change in character to the neighhnAnnd Thic is a rnmmarrial area, across from a storage facility and a medical building. The proposed signs will not be out of place within the area. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance? signage will serve to help atients/motorists find the correct location of their doctor/facilitylpharmacy. 3. Whether the requested sign variance is substantial? The, n1imber nf gignq could be viewed as sijhtqntiq1 howeveX the Rignage will provide. mjinh needed directions] advice. tn patients navigating the complex trying to find their doctor's office/facility. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The signs will he unlit nrid will have nn impact on the environmental rnnnitinns of the area or neighhnrbnod 5. Whether the alleged difficulty was self-created? The, niffirnlhr rnnln he seen as self created however should not diminigb the need for w.9y finning and fnr patients to he able to find their doctor easily. Additional Project Information 1. If the parcel has previous approvals, list application nutnber(s): �P 'q 51—C 2. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES) Permit Program? _ Yes / IYNo 3. Estimated project duration: StartDate End Date 4. Estimated total cost of project: Page 4 Sign Variance [ZBA approved November 15, 2019] Section 179-14-030 Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s) — a survey showing existing conditions, a proposed conditions map (see page 00 for specific criteria) and include any other attachments that address A - D as applicable to the proposed project. A. General Shown on Sheet # 1 Title, Name, Address of applicant & person responsible for preparation of drawing f 2 Deed y -. 3 North arrow, Tax Map ID, date prepared and scale [minimum: 1 inch = 40 feet ] 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing & proposed aC� 7 Setbacks for all structures and improvements: existing & proposed 8 Elevations and floor plans of all proposed and affected structures B. Water & Sewer S own on Sheet # 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed p 1 N \j �j � V A" 2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or _proposed on -site water supply and septic 3 Separation distances for proposed sewage disposal system to well and water bodies 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location, design and construction of water supply includingdailywater usage 5 Percolation test location and results C. Parking / Permeable Areas Shown on Sheet # 1 Number of spaces required for project including calculations and justification: existing & proposed i I 2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing material re. ., gravel, awed] 3 Provision for pedestrian and handicap access and parking: existing & proposed 4 Design details of ingress, egress, loading areas and cutting: existing & ro osed 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed 6 Li tin , location and design of all existing and proposed outdoor lighting D. Additional Site Development and Miscellaneous Shown on Sheet # 1 On -site & adjacent watercourses, streams, rivers, lake and wetlands IV A 2 Utility / energy distributions stem [gas, electric, solar, telephone]: existing & proposed '�- 3 Location, design and construction details of all existing and proposed site improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants, etc. 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existin = & proposed Signa _e: Location, size, type, design and setback: existin & proposed C / Z� 5 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items �y 7 Commercial / Industrial Development requires submission of Landscaping, Stormwater Mana ement, Grading & Lighting Plans 1 8 Identification of Federal, State or County permits required for the project together with a record of a lication for all necessa ermits NO Page 5 2 Sign Variance [ZBA approved September 21 2016] Pre -Submission Conference Form / Section 179-9-040 1. Applicant Name: AJ Signs/ HHHN 161 Carey Road 2. Tax Map ID 3U9.13-2-31.2 . Location: 161 Carey Road 3. Zoning Classification CLI 6.82ac 4. Reason for Review: Applicant proposes 16 signs for one site on a corner lot 5. Zoning Section #: 140 6. Pre -Submission Meeting Notes: Provided Outstanding; Please provide by Deed X General Information complete Site Development Data Complete Setback Requirements Complete Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance ?� Checklist items addressed �— Environmental Form completed �— Signature Page completed The applicant proposes to update several signs for the Hudson Headwaters complex at 161 Carey Road. The project includes six new wall signs and 10 free standing signs. Free standing MM1 64.2 sf relief for greater than 60 sf. Free standing BM I, BM2, BM3 more than 1 free standing sign. Directional signage D4, D6, D5, D9 directional signage greater than 4 sf. D7 & D8 more than 1 free standing sign and less than 15 ft setback D7-2.5 ft setback, D8-2.0 ft setback. Family Health signs 3.25 sf quantity two wall signs variance for more than two walls signs on a corner lot (G & F). Allowed signs Wall signs Kinney on east(B) and north(A) separate business and a corner lot (will need building permits). Allowed wall sign Specialty Care with logo (will need size to include logo (C&D)), one Family Health.sign (E). Relief requested for more than two wall signs, more than one free standing sign, oversized directional signage, and free standing sign setbacks. Items reviewed: sign variance application, survey with sign notations, sign details Items to be updated 1) Page 1 detailed description of project will need to be completed �) Page 2 required setbacks are 75 ft for two front yards and 30 ft for two rears - please enter the following setbacks per the survey on the site data sheet Buildingl Front 89.8 ft Corinth Road, Front240.1 ft Carey Road, Rear 169.4 ft Rear 2 greater than 30 ft Building 2 Front greater than 75 ft Corinth Road, Front 197.6 ft Carey Road, Rear 178.9 ft, Rear 2 43.9 ft 9) Page 4 other applications SP257-2016 4) Survey will need to be stamped and full size 24X36 8�) EAF question 2 change to yes and it should say Queensbury Zoning Board. 6) Convert all measurements from inches to square feet Staff Representative: Laura Moore via email 07/16/2024 Applicant / Agent: Kristen AJ signs 05/1 s/2024 Date: 07/16/2024 Page 6 Sign Variance IZBA approved November 15. 20191 This page includes the 1.) Authorization to Act as Agent Form: 2.) Engineering Fee Disclosure; 3.) Authorization for Site Visits; 4.) Other Permit Responsibilities; 5.) Official Meeting Disclosure and 6.) Agreement to provide documentation required. OwNERrs AGENT FORM; Complete the following if the OWNER of the property is not the same as the applicant: Owner: Designates: �Sl h S _ _ _ as Agent regarding the following: Variance Site Plan — Subdivision For Tax Map No.: _ Deed Reference: Book_ Page , Date :_ OWNER SIGNATU +!•(, DATE: 1 APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Designates: _ _ as Agent regarding the following: VarianceSite Plan Subdivision For Tax Map No.: Deed Reference: Book Page _ Date OWNER SIGNATURE: DATE: 2.j ENGINEERING FEE DISCLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Depar(ment. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3. AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/theit agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4. OTHER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. 5.1 OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION RE0UIRED: 1, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that Uwe may be required to provide an as -built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read agree to the above. lure [ plicant] Print Name [Applicant] ,4)4 y Date signed Signature [Agent] Print Name [Agent] Date signed Page 7 Short Environmental Assessment Form Part 1- Project Information Instructions for Completing Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information Name of Action or Project: HHHN Signage Project Location (describe, and attach a location map): 161 Carey Rd Brief Description of Proposed Action: Installation of wall signs panels in existing freestanding signs, new directionals and directory signs. Name of Applicant or Sponsor: Telephone: 518-399-9291 AJ Signs E-Mail: Kristen@ajsigns.com Address: 842 Saratoga Rd City/PO: State: Zip Code: Burnt Hills NY 112027 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? ❑ If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: [� 3. a. Total acreage of the site of the proposed action? 6.90 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 6.9 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: W LJ Urban LJ Rural (non -agriculture) LJ Industrial m Commercial ❑ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 of 3 eK 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑✓ ❑ ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO ❑ YES ❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO _ ❑✓ YES ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO ❑ ❑ 121 YES ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: _ NO ✓❑ YES ❑ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO ❑✓ YES ❑ 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO ✓ ❑ ❑ YES ❑ ❑✓ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO ❑✓ ❑ YES ❑ ❑ Page 2 of 3 1 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES ✓❑ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑✓ ❑ ❑ ❑✓ ✓❑ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ ❑ -19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _ _ NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE APplicant/s onsor/nam -Date: - Signature: Title: &4V V PRINT FORM Pau[. I of 3 EAF Mapper Summary Report Friday, May 10, 2024 3:43 PM Disclaimer: The EAF Mapper is a screening tool intended to assist s... Aga- project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to YVestcsleos DEC, you may also need to contact local or other data sources in order Falls to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. ile E ta31 :�.{P, �� j� h,l�;i"1 Monde eensbL '" Twanto iia.,l�nnr, H�,cll elf el c an BvrWlu Albany Sources Br, HERE G:armin, USES Irterin3c; INCE.fvt�f I" I;I It Ill ' Say nits: Esn, HERE, >; <r*tu U5Gs. Ir'e-r lap, INC.REVENT F NRCsll, ESI hpar t,iETI, Es-i RCar,- Eso tsj,'r; ME-1 Esri OAr�ail-3r Kcri Bti Korey Esri China Norg Kong, Esn Korea, Esri :Thailand; NGCC. ';t`r CperStreethtap contritbtvrs and 1Fhai and;. NGC1 lC; OperSlreetMap crrtra rt ter; ar tP 5 'Er�t'Y 'he C_IS Use�Comm int, User E irk fffl}, Es HERE Garrna (lI'rt ,ASS Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Yes Part 1 / Question 13a [Wetlands or Other No Regulated Waterbodies] Part 1 / Question 15 [Threatened or No Endangered Animal] Part 1 / Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 11 Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report I IIIIIIIJ�I�Illllil WARREN COUNTY DOCUMENTO 00006530 PAMELA J. V 'LUME 2 4092 PAGE : 105 COUNTY CLERK Lake George, NY 12845 Instrument Number: 2010- 00006530 As Recorded On: September 24, 2010 Deed Commercial or Vacant Parties: CAREY REAL ESTATE DEVELOPMENT CORP To HUDSON HEADWATERS HEALTH 14TWORK Recorded By: COMMUNITY TITLE AGENCY INC Comment: Deed Commercial or Vacant TP-584 Recording Charge: Transfer Tax QUEENSBURY Tax Charge: 50.00 5.00 310.00 ** Examined and Charged as Follows: ** Cover Page 5.00 Consideration Amount Amount RS#/CS# 2,100.00 525,000.00 TT 308 Basic Local Additional 2,100.00 Volm-4092 Pg-105 Billable Pages: 2 Num Of Pages: 3 RP-5217 Commercial 250.00 0.00 0.00 Special Additional 0.00 0.00 Transfer 2,100.00 RECORDED County Clerks Orrice go 24,2010 02a37P Pamela J. Vogel Varren County Clerk ** THIS PAGE IS PART OF THE INSTRUMENT ** I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY Fite Information: Record and Return To: Document Number: 2010- 00006530 BARTLETT PONTIFF STEWART & RHODES PC Receipt Number: 180298 PO BOX 2168 Recorded Date/Time: September 24, 2010 02:37:31 P ONE WASHINGTON ST Book-Vol/Pg: Bk-RP V14092 Pg-105 GLENS FALLS NY 12801 Cashier / Station: C Latham / Cash Station 3 2—q DOOUMENTO >oon6530 VOLUME: 4092 PAGE : 106 Warranty Deed with Lien Covenant This Indenture Record and Return to. Jonathan C. Lapper, Esq. Bartlett, Pontiff, Stewart & Rhodes, P.C. PO Box 2168 One Washington Street Glens Falls, New York 12801-2168 Made the 23`d day of September, Two Thousand Ten Between CAREY REAL ESTATE DEVELOPMENT CORPORATION, a New York corporation with an address at 3342 Lake Point Boulevard, Sarasota, Florida 34231, party of the first part, and HUDSON HEADWATERS HEALTH NETWORK, a New York not -for -profit corporation with an address at PO Box 3253, Glens Falls, New York 12801, party 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 aid b the art of the second art, does hereby Y P Y party p y grant _ �ot and release unto the party of the second part, its successors and assigns forever, Z ;3 ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, situate in the Town of u- yr Queensbury, County of Warren and State of New York, shown on a map entitled Northern � LO Distributing Subdivision, Town of Queensbury, Phase 2, made by Rist-Frost Associates, E C P.C., dated February, 1989, filed in the Office of the County Clerk of the County of Warren U on October 3, 1989 in the Oversize Map Cabinet as Map E-3, as Lots Numbers 17 and 19. Being a portion of the premises conveyed to the party of the first part by deed from William F. Carey and Carole J. Carey, as Trustees of an intervivos trust created by John J. Carey by Agreement dated October 14, 1967, known as The Carey Real Estate Trust, dated January 30, 1990 and recorded in the Warren County Clerk's Office on February 7, 1990 in Liber 783 at page 158. Subject to all covenants, easements and restrictions of record. This conveyance is made by the unanimous consent of all of the shareholders of the party of the first part, and does not constitute a transfer of all or substantially all of the assets of the party of the first part pursuant to Section 909 of the Business Corporation Law of the State of New York. Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises, :K, DOCUMENTO 00006530 VOLUME: 4092 PAGE : 107 Warranty Deed with Lien Covenant To have and to hold the premises herein granted unto the party of the second part, its successors and assigns forever. And said party of the first part covenants as follows: First, That the party 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; and Third, That, in compliance with Sec. 13 of the Lien Law, the party of the first part will receive the consideration for the 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 its hand and seal the day and year first above written. In Presence of STATE OF NEW YORK ) ) ss.: COUNTY OF WARREN ) CAREY REAL ESTATE DEVELOPMENT CORPORATION By:�La-. Barbara A. Britton, Vice President On the 23rd day of September in the year 2010, before me, the undersigned, personally appeared BARBARA A. BRITTON, 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 capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. RMCLTAREYABLots 17 & Mdeed.doc E iir�: Notary Public W" pow side commwo1 % York N0.W"M � In Aft" FWL11' aorl ;R