4.14 4.14
ROAD DEDICATIONS\Elk Ridge Drive—.Toe Leuci—Foothills Builders—Cash Escrow-8-3-15
RESOLUTION ACCEPTING DEDICATION OF ELK RIDGE DRIVE
IN ELK RIDGE SUBDIVISION
RESOLUTION NO. ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Foothills Builders, LLC (Developer) has offered a deed to the Town of
Queensbury to dedicate Elk Ridge Drive in the Elk Ridge Subdivision to the Town of Queensbury as
more particularly described in a survey map prepared by Bolster and Associates, Professional Land
Surveyors, dated July 14, 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 August 3rd, 2017, and if applicable, all drainage easements being in
place, and
WHEREAS, the Developer has provided the Town with a $21,712 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/Wastewater Director has indicated that an
inspection has been made of the water mains and appurtenances installed in the Elk Ridge Subdivision
and the installation has been made in accordance with the requirements of the Town Water/Wastewater
Department, with the Developer to be responsible for the installation's repair and maintenance for one
year from the date of Town Board approval of the road dedication or through August 3rd, 2016, 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 Elk Ridge Drive and it
was found to be in general compliance with the requirements of their offices except that adequate lot
numbering signage and permanent survey monuments have not yet been installed,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of
Elk Ridge Drive in the Elk Ridge Subdivision contingent upon the Town Highway Superintendent
confirming that street and/or stop signs have been installed and all documentation related to such
dedication being in form acceptable to Town Counsel, 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 the Developer 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:
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Name: Elk Ridge Drive Road Number:
Description: Beginning at Peggy Ann Road and continuing in a southerly direction a
distance of 1,064±' and .0 hundredths of a mile and ending at a cul-de-sac.
Feet: 1,064±' and .0 hundredths of a mile
Duly adopted this 3rd day of August, 2015, by the following vote:
AYES :
ABSENT:
NOES
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WARRANTY DEED WITH LIEN COVENANT
DATE OF DEED: August_, 2015
GRANTOR: FOOTHILLS BUILDERS,LLC
a New York Limited Liability Company
9 Mountainside Drive
Queensbury,New York 12804
GRANTEE: TOWN OF QUEENSBURY
a Municipal Corporation with its principal offices located at:
742 Bay Road
Queensbury,New York 12804
THIS WARRANTY DEED made between Grantor and Grantee on the deed date stated
above WITNESSES THAT GRANTOR in consideration of
One Dollar($1.00)
lawful money of the United States and other good and valuable consideration,paid by Grantee,
DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and his assigns
forever all that property located at:
Elk Ridge Drive
Town of Queensbury
County of Warren
State of New York
TAX MAP #: Portion Of 301.15-1-19
(THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE "A" ATTACHED)
THIS GRANT IS MADE:
TOGETHER with the appurtenances and all the estate and rights of the Grantor in and
to said premises.
To HAVE AND TO HOLD the premises granted by this Warranty Deed unto the
Grantee and his assigns forever.
AND THE GRANTOR COVENANTS as follows:
FIRST: That Grantee shall QUIETLY ENJOY said premises;
SECOND: That Grantor will forever WARRANT the title to said premises;
THIRD: That this conveyance is made subject to the trust fund provisions of section
thirteen of the lien law.
If there are more than one Grantor or Grantee,the words "Grantor" and "Grantee"used in
this deed includes them.
IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRANTY
DEED on the deed date stated above.
IN PRESENCE OF
FOO 'Il,LS BUILDERS,LLC
By: 1'L.i •.��� (L.S.)
J -.r Guido Leuci, Member
STATE OF NEW YORK )
) ss.:
COUNTY OF GJdr— )
On the day of July in the year 2015,before me, the undersigned,personally
appeared JOSEPH GUIDO LEUCI,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.
JEFFREY R. MEYER-
Notary Public, State of New York
Saratoga Co.#02ME6127679
Commission Expires May 31,20..4..._..
SCHEDULE "A"
All that certain tract or parcel of land situate in the Town of Queensbury, County of
Warren, State of New York being more fully described as follows:
Commencing at a point in the southerly boundary of Peggy Ann Road, said point being
the northeasterly corner of the lands now or formerly of Kathleen Hudson, as recorded in the
Office of the Warren County Clerk in book 758 at page 195,running thence from the point of
Commencement easterly along the southerly boundary of Peggy Ann Road South 66°04'35"East
a distance of 283.03' to the point and place of Beginning of the herein described parcel of land,
running thence from the point of Beginning easterly along the southerly boundary of Peggy Ann
Road South 66°04'35"East a distance of 104.72'to a point,running thence through the lands
now or formerly of Foothills Builders, LLC, as recorded in the office of the Warren County
Clerk in book 4947 at page 267,the following seven(7)courses and distances:
1. along a curve to the left having a radius of 25.00' for an arc length of 46.80'to a
point;
2. South 06°39'25"West a distance of 684.74'to a point;
3. along a curve to the left having a radius of 25.00' for an arc length of 25.41' to a
point;
4. along a curve to the right having a radius of 70.00' for an arc length of 362.23' to a
point;
5. along a curve to the left having a radius of 25.00' for an arc length of 25.41' to a
point;
6. North 06°39'25" East a distance of 715.83'to a point;
7. along a curve to the left having a radius of 25.00' for an arc length of 31.74' to the
P oint and place of Beginning.
Containing 1.21 acres of land, being the same, plus or minus.
Subject to rights, covenants, easements or restrictions of record.
Being a portion of the same premises conveyed by deed to Foothills Builders, LLC from
the City of Glens Falls dated February 28, 2014 and recorded in the Warren County Clerk's
Office on February 28,2014 in Book 4947 at Page 267.
R&R:
• Town of Queensbury Thomas R. VanNess
Highway Superintendent
y
Hi hwa Home(518) 745-0929
Highway
Department
David Duell
742 Bay Road—Queensbury, NY 12804 Deputy Highway Superintendent
Phone: (518)761-8211 Home(518)743-09:18
Fax: (518) 745-4466
To: Queensbury Town Board
From: Thomas Van Ness
Date: July 20, 2015
Re: Acceptance of Elk Ridge Drive
I have inspected Elk Ridge Drive. At this point and time, it has only binder down. Joseph Leuci
has two (2) years from date of acceptance to put topcoat down. A letter of credit for the
amount of$21,712.00 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
p David Duell
74.2 Bay Road—Queensbury,NY 1280+ C: Deputy Highway Superintendent
Phone: (518) 761-8211 (518) 761-8210
Fax: (518) 745-441.66
Town of Q rY ueensbu . 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 Elk Ridge Drive and by number
beginning at Peggy Ann Road
and continuing in a southemly direction, a distance of i.osa+1-feet
and o 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
n a). the Highway System of the
or Er b). abandoned to rightful property owner.
or 0 c). accepted by dedication from Joseph Leuci
of a R. 0. W. of 50 feet width in accordance with Section 171 of the Highway Law.
or n 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
AN111%4 TOWN OF QUEENSBURY
� �
742 Bay Road, Queensbury, NY. 12804-5902
Memorandum
To: Town Board
From: Craig Brown, Zoning Administrator
Date: July 23, 2015
Re: Elk Ridge Drive- Road Dedication
The roadway to be known as Elk Ridge Drive was inspected by this office and found to be in
general compliance with the requirements of this office with the following exceptions:
Adequate lot numbering signage and permanent survey monuments have not yet been
installed. See attached July 17, 2015 letter from Joe Leuci (Foothills Builders) - Project
developer and property owner of record.
TOWN OF QUEENSBURY COMMUNITY DEVELOPMENT DEPARTMENT
TOWN OF QUEENSBURY WATER/WASTEWATER DEPARTMENT
823 CORINTH ROAD* QUEENSBURY,NEW YORK 12804 *PHONE(518)793-8866*FAX(518)798-3320
Christopher Harrington Alex Benway
Water Superintendent Water Treatment Plant Operations Engineer
Acting Wastewater Director
July 29, 2015
Pam Hunsinger,Attorney's Office
Queensbury Town Office
742 Bay Road
Queensbury,NY 12804
Re: Road Dedication -Elk Ridge Drive in Elk Ridge Subdivision
Dear Pam:
An inspection has been made of the water mains and appurtenances installed in the Elk
Ridge Subdivision in the Town of Queensbury.
We find that this installation has been made in accordance with the requirements of the
Town of Queensbury Water Department.
The subdivider or his contractor will be responsible for the repair and maintenance of the
installation for a period of one year from the date of the Town Board approval of the offer of
Dedication of the Roads associated with the above project.
Cc: Scott Burnard, QWD Engineering Dept.
Tom Center,P.E.,Nace Engineering
File Copy
AGREEMENPS\ESCROW AGREEMENT—Elk Ridge 2015
ESCROW AGREEMENT
AGREEMENT, made as of the 3r1 day of August, 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 FOOTHILLS BUILDERS, LLC Social Sec./EIN No.:
and residing/located at 9 Mountainside Drive, 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 Elk Ridge Drive ("road") in the Elk Ridge Subdivision,to
the Town of Queensbury contingent upon the DEVELOPER providing the Town with cash
escrow in the amount of$21,712 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 $21,712 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$21,712 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
1
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 August 3rd, 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 $21,712. In the event
that the cost of the top coat is over $21,712 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
2
the Agreement shall be read as if such illegal or unenforceable clause or paragraph has been
omitted.
TOWN OF QUEENSBURY Ferri hi CIS 6Ui ld.ers LU
By:
BY: /0-d-i-fr
JOHN STROUGH, /3osEN LE u c
SUPERVISOR
STATE OF NEW YORK)
ss.:
COUNTY OF WARREN)
On this day of J , 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 Zi- day of J u 14 , in the year 2015 before me, the undersigned, a notary
public in and for said state,personally appeared 34SEPir LEUC 1 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.
i2.te_Lea 6.ThauLuir
Notary Public
PAMELA A. HUNSINGER
Notary Public,State of New York
Warren County No.01 HU4946222
Commission Expires Jan.27,2012,
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EXHIBIT A
RESOLUTION ACCEPTING DEDICATION OF ELK RIDGE DRIVE
IN ELK RIDGE SUBDIVISION
RESOLUTION NO. ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Foothills Builders, LLC (Developer) has offered a deed to the Town of
Queensbury to dedicate Elk Ridge Drive in the Elk Ridge Subdivision to the Town of Queensbury
as more particularly described in a survey map prepared by Bolster and Associates, Professional
Land Surveyors, dated July 14,2015,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 August 31d, 2017, and if applicable, all drainage easements
being in place,and
WHEREAS, the Developer has provided the Town with a $21,712 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/Wastewater Director has indicated that an
inspection has been made of the water mains and appurtenances installed in the Elk Ridge
Subdivision and the installation has been made in accordance with the requirements of the Town
Water/Wastewater Department, with the Developer to be responsible for the installation's repair
and maintenance for one year from the date of Town Board approval of the road dedication or
through August 3rd,2016, 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 Elk Ridge
Drive and it was found to be in general compliance with the requirements of their offices except
that adequate lot numbering signage and permanent survey monuments have not yet been
installed,
NOW,THEREFORE,BE IT
RESOLVED,that the Queensbury Town Board hereby accepts and approves the dedication
of Elk Ridge Drive in the Elk Ridge Subdivision contingent upon the Town Highway
4
Superintendent confirming that street and/or stop signs have been installed and all documentation
related to such dedication being in form acceptable to Town Counsel, 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 the Developer 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: Elk Ridge Drive Road Number:
Description: Beginning at Peggy Ann Road and continuing in a southerly direction a
distance of 1,064±' and .0 hundredths of a mile and ending at a cul-de-sac.
Feet: 1,064±' and .0 hundredths of a mile
Duly adopted this 3rd day of August,2015,by the following vote:
AYES :
ABSENT:
NOES :
5