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ROAD DEDICATIONS\RidgeNvood Court—Robert Wall—Cash Escrow-5-4-15
RESOLUTION ACCEPTING DEDICATION OF RIDGEWOOD COURT IN
RIDGE ROAD SUBDIVISION, RIDGEWOOD HOMES
RESOLUTION NO. ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Robert Wall (Developer) has offered a deed to the Town of Queensbury to
dedicate Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes to the Town of
Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land
Surveyors, LLC dated March 30, 2015, and
WHEREAS, the Town Highway Superintendent has inspected the road and recommended its
acceptance contingent upon the Developer completing the top coat of the black-top within two years
of the date of acceptance or by May 4t`, 2017, and if applicable, all drainage easements being in place,
and
WHEREAS, the Developer has provided the Town with a $12,444 cash escrow to ensure
placement of the top coat on the road consistent with the Town Highway Superintendent's
requirements, and
WHEREAS, the Town Water Superintendent and Wastewater Director has indicated that
there is no water/wastewater service for this road dedication, and
WHEREAS, the Town's Director of Planning, Zoning and Code Compliance and/or Director
of Building and Codes Enforcement have confirmed that they have inspected Ridgewood Court and it
was found to be in general compliance with the requirements of their offices except as detailed below,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of
Ridgewood Court in the Ridge Road Subdivision, Ridgewood Homes contingent upon the Town
Highway Superintendent confirming that street and/or stop signs have been installed, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute,
sign and affix the Town seal to any and all documents necessary to complete the transaction including
the Escrow Agreement substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Robert Wall to record the
deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and
maintained in the Queensbury Town Clerk's Office, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the
roads to the official inventory of Town Highways as follows:
Name: Ridgewood Court Road Number:
Description: Beginning at NYS Route 9L and continuing in a westerly direction a
distance of 589' and .11±hundredths of a mile and ending at a cul-de-sac.
Feet: 589' and .11±hundredths of a mile
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Duly adopted this 4h day of May, 2015, by the following vote:
AYES :
ABSENT:
NOES
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AGREEMENTS\ESCROW AGREEMENT—Ridgewood Court—Robert Wall—May 2015
ESCROW AGREEMENT
AGREEMENT, made as of the 4th day of May, 2015, between the TOWN OF
QUEENSBURY, County of Warren, State of New York (hereinafter referred to as the
"TOWN,") a municipal corporation having its principal place of business at 742 Bay Road,
Queensbury, New York 12804 and ROBERT WALL, Social Sec. No.:03'0:1(77 4 land
residing at 1548 Ridge Road, Queensbury, New York 12804 (hereinafter referred to as the
"DEVELOPER").
WITNESSETH:
WHEREAS, by Town Board Resolution No.: , 2015 (attached hereto as Exhibit A),
the Town authorized dedication of Ridgewood Court ("road") in the Ridge Road Subdivision,
Ridgewood Homes to the Town of Queensbury contingent upon the DEVELOPER providing the
Town with cash escrow in the amount of$12,444 to ensure completion of the top coat of the road
within the next two(2)years, and
WHEREAS, the TOWN and DEVELOPER wish to enter into an Escrow Agreement to
provide for the$12,444 in escrow funds, and
WHEREAS, the DEVELOPER agrees to pay for the top coat in the manner set forth in
this Agreement,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS HEREIN CONTAINED, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. DEVELOPER agrees to reimburse the TOWN for the cost of the top coat of the road if
DEVELOPER does not complete such top coat within the next two (2)years or by May 4th, 2017,
without further approval of the TOWN BOARD and DEVELOPER.
2.
A. For the purpose of such reimbursement, DEVELOPER shall deliver an initial
amount of $12,444 to the Town Budget Officer as Escrow Agent to be held in
escrow in a separate interest-bearing account ("Escrow Account") opened in the
name of the TOWN with the Town of Queensbury having sole signatory authority
on the account.
B. The Escrow Agent shall establish the interest bearing account as described above
and deposit the funds in the account.
3. The Escrow Agent shall release monies in the escrow account in accordance with the
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following procedure:
A. DEVELOPER Timely Completes Top Coat. Upon receipt of written
confirmation from the Town Highway Superintendent that DEVELOPER has
completed to the Highway Superintendent's satisfaction the top coat of the road
within the required time period, the Escrow Agent shall pay all amounts in the
Escrow Account to DEVELOPER. In such case, this Agreement shall be deemed
terminated.
B. DEVELOPER Does Not Timely Complete Top Coat. Upon receipt of written
confirmation from the Town Highway Superintendent that DEVELOPER has not
completed to the Town Highway Superintendent's satisfaction the top coat of the
road or that such work has not been completed to the Town Highway
Superintendent's satisfaction by May 4th, 2017, the Escrow Agent shall
immediately deliver to the TOWN the entire amount in such Escrow Account.
DEVELOPER acknowledges and agrees that, should it fail to complete such work
to the satisfaction of the Town Highway Superintendent by the date indicated, the
TOWN may use such funds (including interest) as the Town Highway
Superintendent shall determine necessary to complete such work and may
undertake to complete such work either by contract or Town Law or force
account, at such time as the Town shall deem appropriate. DEVELOPER further
agrees that it shall be liable and obligated for any costs for such work incurred by
the TOWN that should exceed the amount on deposit. If such costs are less than
the deposited amount, the TOWN shall return the balance of the Escrow Account
to DEVELOPER.
4. The terms and conditions set forth in paragraph 3 set forth all duties and responsibilities
of the Escrow Agent in connection with the release of funds from the Escrow Account and in the
event that the Escrow Agent complies with the terms of paragraph 3, the Escrow Agent's duties
and responsibilities under this Agreement shall be deemed complete.
5. Any funds together with interest remaining in the escrow account upon termination of this
Agreement shall be returned within thirty (30) days of such termination by the Escrow Agent to
the DEVELOPER.
6. The terms of this Agreement shall not create any right in any person, firm, corporation, or
entity other than the parties of this Agreement and their respective successors and permitted
assigns and no third party shall have the right to enforce or benefit from these terms.
7. It is agreed by the parties to this Agreement that no representations are made by the
TOWN that completion of the top coat will be equal to or cost less than $12,444. In the event
that the cost of the top coat is over $1 2,444 or the top coat is unacceptable to the TOWN, the
TOWN and Escrow Agent shall bear no responsibility or liability.
8. This Agreement contains the full understandings of the parties. If any clause or paragraph
in this Agreement is declared illegal or unenforceable by a Court of Law then the remainder of
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the Agreement shall be read as if such illegal or unenforceable clause or paragraph has been
omitted.
TOWN OF QUEENSBURY ROBERT WALL
By: /��-cam✓
BY:
JOHN STROUGH,
SUPERVISOR
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of May, in the year 2015 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 this -`7'day of 'A' c-i 1 , in the year 2015 before me, the undersigned, a notary
public in and for said state, personally appeared ROBERT WALL 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.
otary Public
JONATHAN C.LAPPER
Notary Public,State of New York
No.02LA4948141
Qualified in Warren County
Commission Expires March 6,201„-,L
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TXHIBIT A
RESOLUTION ACCEPTING DEDICATION OF RIDGEWOOD COURT IN
RIDGE ROAD SUBDIVISION, RIDGEWOOD HOMES
RESOLUTION NO. ,2uY�
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
Duly adopted this 4th day of May,2015,by the following vote:
Arc •
NOES :
ABSENT:
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Town of Queensbury Thomas R. VanNess
Highway Superintendent
Highway Home(518) 745-0929
Department David Duell
742 Bay Road—Queensbury, NY 12804 Deputy Highway Superintendent
Phone: (518)761-8211 Home(518)743-0938
Fax: (518)745-4466
To: Queensbury Town Board
From: Thomas Van Ness
Date: April 20, 2015
Re: Acceptance of Ridgewood Court
I have inspected Ridgewood Court. At this time, the road surface is binder. Robert Wall has
two (2) years from date of acceptance to put the topcoat down. The letter of credit for the
amount of$12,444.00 is acceptable for the topcoat.
If applicable,all drainage easements need to be in place.
To the best of my knowledge it meets the specifications set forth by the Town of Queensbury
Highway Department. I hereby recommend its acceptance.
Respectfully,
Thomas Van Ness.
Highway Superintendent
Town of Queensbury Thomas R. VanNess
Highway Superintendent
Highway (518) 761-8212
Department David Duell
742 Bay Road—Queensbury,NY 12804 , � Deputy Highway Superintendent
Phone: (518) 761-8211 ' (518) 761-8210
Fax: (518) 745-4466
Town of Queensbury County of Warren
Resolution Number Date
Whereas recommendation has been presented by Thomas Van Ness
to the Town Board
of the Town of Queensbury that certain changes be
authorized in the Town Highway System, and
Whereas due consideration has been given to such recommendation by said Board, therefore be it hereby
Resolved that the Highway System of the Town of Queensbury be and hereby is amended as follows:
That highway known as Ridgewood Court and by number
beginning at New York State Route 9L
and continuing in a westerly direction, a distance of 589+1-feet
and .11+/- hundredths of a mile and ending at cul-de-sac
as indicated on attached map, is hereby added to the Highway System of the
Town of Queensbury , being also
❑ a). the Highway System of the
or 0 b). abandoned to rightful property owner.
or 0 c). accepted by dedication from Robert Wall
of a R. 0. W. of 50 feet width in accordance with Section 171 of the Highway Law.
or ❑ d). lawfully accepted as a highway by use in accordance with Section 189 of the Highway Law.
And be it further
Resolved,that copies of this resolution be forwarded to the New York State Department of Public Works, (two
copies)and proper local officials,together with maps showing the exact location and limits of such highway.
CLERK
WARRANTY DEED WITH LIEN COVENANT
THIS INDENTURE made the day of , 2015 between ROBERT WALL, with an
address of 1548 Ridge Road, Queensbury, New York 12804, party of the first part, and TOWN OF
QUEENSBURY,a municipal corporation,with an address of 742 Bay Road,Queensbury,New York
12804, 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 and other good and valuable consideration paid by the party of the
second part, does hereby grant and release unto the party of the second part, its successors and
assigns forever,
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the
Town of Queensbury, County of Warren, State of New York, that certain road more
particularly shown as Ridgewood Court on that certain subdivision map entitled Ridge
Road Subdivision, Ridgewood Homes, prepared by Nace Engineering, P.C. and Van
Dusen & Steves, Land Surveyors dated May 5, 2005 and recorded in the Warren
County Clerk's Office on April 5, 2007 in Plat Cabinet C Drawer 5.
Along with that certain drainage area easement as shown on a copy of that certain
subdivision map entitled Ridge Road Subdivision, Ridgewood Homes, prepared by Nace
Engineering, P.C. and Van Dusen & Steves, Land Surveyors dated May 5, 2005 and recorded in
the Warren County Clerk's Office on April 5, 2007 in Plat Cabinet C Drawer 5, with respect to the
drainage area easement the party of the second part is hereby granted the following rights:
Perpetual Stormwater Drainaqe Easement
A permanent right-of-way and easement for the benefit of the Grantee, its
successors, assigns and agents to construct, lay and maintain thereafter a
stormwater drainage facility and all necessary appurtenances with the right of ingress
and egress for any and all purposes connected with the construction of a pipeline and
appurtenances, the maintenance, use, operation, repair, reconstruction and
inspection thereof, including the removal of growing crops, trees and shrubs
therefrom, and the right to bring upon each said easement area such equipment as
may be necessary to do any and all acts deemed necessary to dig a trench, install
such pipeline and/or other facilities in and over each said easement area.
The drainage area easement serve as drain areas for the highway hereby conveyed.
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Being a portion of the premises conveyed by Margaret M. Meyer and Freda M. Meyer
to Robert Wall in a Warranty Deed dated September 26, 2006 and recorded in the
Warren County Clerk's Office on October 3, 2006 in Book 2070 at Page 296.
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 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.
Subject to the trust fund provisions of Section Thirteen of the Lien Law.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed.
Robert Wall
STATE OF NEW YORK )
) ss:
COUNTY OF )
On the day of in the year 2015 before me,the undersigned, personally appeared
Robert Wall, 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
Record and Return to:
Robert Hefner, Esq.
Town of Queensbury Attorney's Office
742 Bay Road
Queensbury, NY 12804
380171.3
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April 13, 2015
Queensbury Highway Department
742 Bay Road
Queensbury, NY 12804
Attn: Thomas Van Ness, Highway Superintendent
Dear Tom:
In regards to Ridgewood Court, proposed conveyance to the Town of Queensbury for the road
dedication, located off of NYS Route 9L.
Van Dusen & Steves has set all the property corners as shown on attached map. The two
corners that are set and to be replaced by concrete monuments and are also shown on the
attached map. These monuments will be placed as soon as the frost allows us the ability to dig
the monuments in.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Thank you.
Sincerely,
Matthew C. Steves, PLS
none. (5|N} 7v2'0474 Fax: (5|8) 792'851 | Web: */wn/.|-survcy.corn