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4.11 4.11 ROAD DEDICATIONS\Alessia Drive—Cerrone Builders—Letter of Credit-9-14-15 RESOLUTION ACCEPTING DEDICATION OF ALESSIA DRIVE IN PHASE I OF CERRONE WEST MOUNTAIN ROAD SUBDIVISION RESOLUTION NO. ,2015 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Cerrone Builders, Inc. (Developer) has offered a deed to the Town of Queensbury to dedicate Alessia Drive in Phase I of the Cerrone West Mountain Road Subdivision to the Town of Queensbury, along with a Water Line/Fire Hydrant Easement, as more particularly described in a survey map prepared by VanDusen & Steves Land Surveyors, LLC dated October 3, 2014, 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 September 14th, 2017 and if applicable, all drainage easements being in place, and WHEREAS, the Developer has provided the Town with a $32,500 Letter of Credit to ensure placement of the top coat on the road by September 14t`, 2017 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 Alessia Drive and the installation has been made in accordance with the requirements of the Town Water 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 September 141`, 2016, and WHEREAS, the Town's Zoning Administrator has confirmed that his office inspected Alessia Drive and it was found to be in general compliance with the requirements of his office except that 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 Alessia Drive in Phase I of the Cerrone West Mountain Road Subdivision to the Town of Queensbury, along with a Water Line/Fire Hydrant Easement, as delineated in the preambles of this Resolution, contingent upon the Town Highway Superintendent confirming that permanent survey monuments 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 Cerrone Builders 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: 2 Name: Alessia Drive Road Number: Description: Beginning at Corinth Road and continuing in a northwesterly direction a distance of 1,270±' and .0±hundredths of a mile and ending at a cul-de-sac. Feet: 1,270±' and .0±hundredths of a mile Duly adopted this 14'h day of September, 2015, by the following vote: AYES : ABSENT: NOES 3 • Town of Queensbury homas R. VanNess "✓ Highway Superintendent Highway Home(518) 745-0929 Department David Duell 742 Bay Road—Queensbury, NY 12804 t —`: Deputy Highway Superintendent Phone: (518) 761-8211 Home(518) 743-0938 Fax: (518) 745-4466 To: Queensbury Town Board From: Thomas Van Ness Date: September 8, 2015 Re: Acceptance of Alessia Drive I have inspected Alessia Drive. At this point and time, it has only binder down. Cerrone Builders has two (2) years from date of acceptance to put topcoat down. The letter of credit for the amount of $32,500.00 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, 6,1„„,, R.a,ga44. 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 Alessia Drive and by number beginning at Corinth Road and continuing in a northwesterly direction, a distance of 1,270+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 0 b). abandoned to rightful property owner. or 0 c). accepted by dedication from Cerrone Builders 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 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 August 12, 2015 Pam Hunsinger,Attorney's Office Queensbury Town Office 742 Bay Road Queensbury,NY 12804 Re: Road Dedication—Alessia Dr. Dear Pam: An inspection has been made of the water mains and appurtenances installed in Alessia Dr. 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. Michael O'Connor,Little and O'Connor Attorneys,P.C. File Copy • 01111111111, trur TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 ma. Memorandum To: Town Board From: Craig Brown, Zoning Administrator Date: September 8, 2015 Re: Cerrone- West Mt. Subdivision Alessia Lane The roadway to be known as Alessia Lane was inspected by this office and found to be in general compliance with the requirements of this office with the following exceptions: Permanent Survey monuments have not yet been installed. I have spoken with Mr. Cerrone and he has stated that the permanent survey monuments will be installed upon completion of utility work by National Grid. TOWN OF QUEENSBURY COMMUNITY DEVELOPMENT DEPARTMENT • ESCROW AGREEMENT AGREEMENT, made as of the 1c 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 CERRONE BUILDERS, INC., a corporation organized under the laws of New York,having its principal office at 1589 Route 9, Moreau,New York 12828 (hereinafter referred to as the "DEVELOPER"). WITNESSETH: WHEREAS, by Town Board Resolution No.: , which is attached hereto as Exhibit A, the Town authorized dedication of Alessia Drive ("road") in Phase I Cerrone West Mountain Road Subdivision to the Town of Queensbury contingent upon the DEVELOPER providing the Town with a Letter of Credit in the amount of$32,500.00 to ensure completion of the top coat of Alessia Drive for the next two (2)years; and WHEREAS, the TOWN and DEVELOPER wish to enter into an Escrow Agreement to provide for the$32,500.00 in escrow funds; and WHEREAS, the DEVELOPER agrees to put down the top coat of Alessia Drive 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 putting down the top coat of Alessia Drive from said Letter of Credit if DEVELOPER does not complete the top coat within the next two (2) years, without further approval of the TOWN BOARD and DEVELOPER. 2. For the purpose of such reimbursement, DEVELOPER shall deliver a satisfactory Letter of Credit in the amount of$32,500.00 to the Town Budget Officer as Escrow Agent to be held in escrow. The Escrow Agent hold the Letter of Credit. 3. The Escrow Agent shall release the Letter of Credit in accordance with the 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 release the Letter of Credit. In such case, this Agreement shall be deemed terminated. Page 1 of 3 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 the Letter of Credit 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. The terms and conditions of the Letter of Credit, if contradicted herein, shall supersede the terms of this Escrow Agreement. 5. 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. 6. This Agreement contains the full understandings of the parties, except as provided in Paragraph 4 above. If any clause or paragraph in this Agreement is declared illegal or unenforceable by a Court of Law then the remainder of the Agreement shall be read as if such illegal or unenforceable clause or paragraph has been omitted. TOWN OF QUEENSBURY By: John Strough, Supervisor CERRONE BUILDERS, INC. By: 7. Elio Cerrone, Presiden STATE OF NEW YORK ) ) ss.: COUNTY OF WARREN ) On this day of August, 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 Page 2 of 3 STATE OF NEW YORK ) ) ss.. COUNTY OF WARREN ) On this \'c' day of August, in the year 2015 before me, the undersigned, a notary public in and for said state, personally appeared ELIO CERRONE, 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 MICHAEL J. OCONNOR Notary Public, State of New York Warren Co. #020C2937400 My Commission Expires Sept.9,2025/ Page 3 of 3 WARRANTY DEED with Lien Covenant(From A Corporation) THIS INDENTURE,made this 18/ day of August,Two Thousand Fifteen, BETWEEN CERRONE BUILDERS, INC., a corporation organized under the laws of New York,having its principal office at 1589 Route 9,Moreau,New York 12828,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 and the State of New York, more particularly bounded and described as follows: BEGINNING at a point in the northwesterly bounds of Corinth Road, the southeasterly corner of Lot 1 as shown on a map of Phase I of Cerrone West Mountain Road Subdivision, dated May 7, 2007 by Van Dusen & Steves, last revised September 26, 2008; running thence northerly along a curve to the left having a radius of 25.00 feet, a distance of 42.70 feet; thence running North 43 degrees, 55 minutes and 10 seconds West, a distance of 58.81 feet; thence running along a curve to the right having a radius of 275.00 feet, a distance of 236.51 feet; thence running North 05 degrees, 21 minutes and 24 seconds East, along the easterly bounds of Lot 1,2,3 and 4, a distance of 641.33 feet to the southeast corner of Lot 5 at the southerly end of a cul-de-sac; thence running westerly along a curve to the left having a radius of 25.00 feet, a distance of 25.41 feet; thence running along the cul-de-sac, along a curve to the right having a radius of 70.00 feet, a distance of 362.22 feet to a point in the westerly bounds of Lot 9; thence running along the same, along a curve to the left having a radius of 25.00 feet, a distance of 25.41 feet to a point therein for a corner; thence running South 05 degrees, 21 minutes and 24 seconds West, along the westerly bounds of said Lots 9,10, 11,12 and 13, a distance of 641.33 feet; thence running along a curve to the left, having a radius of 225.00 feet, a distance of 193.51 feet; thence running South 43 degrees, 55 minutes and 10 seconds East, a distance of 62.11 feet; thence running along a curve to the left having a radius of 25.00 feet, a distance of 39.40 feet to the northwesterly bounds of said Corinth Road; thence running along said road the following two courses and distances: (1) South 45 degrees, 47 minutes and 13 seconds West, a distance of 75.13 feet; (2) South 53 degrees, 56 minutes and 13 seconds West, a distance of 28.69 feet to the point and place of beginning, containing 1.46 acres of land to be the same more or less. Bearings given in the above description refer to magnetic North. SUBJECT to easements and restrictions of record. BEING a portion of the premises conveyed by Kathryn Kennah, William S. Joslyn and Cynthia Bishop to Cerrone Builders, Inc. by deed, dated October 25, 2006, which deed was recorded in the Warren County Clerk's Office on December 3, 2007 in Volume 3435 at Page 173, as Instrument #: 2007-00012015. LITTLE&O'CONNOR ATTORNEYS,P.C. 19 WEST NOTRE DAME STREET-P.O.BOX 898 GLENS FALLS,NY 12801 TEL.(5181 792-2113 TOGETHER with a permanent right-of-way and water line/fire hydrant easement for the benefit of the Town of Queensbury, its successors, assigns and agents, for the operation, maintenance, repair, reconstruction, replacement and/or removal of a water line/fire hydrant, with the right of ingress and egress for any and all purposes related thereto, including the right to bring upon said easement area such equipment as may be necessary to do any and all acts related thereto, over and under all that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and State of New York, more particularly described as follows: BEGINNING at a point in the westerly boundary of Corinth Road, which point is found 108.57 feet from the southeast corner for Lot 13 by running on a course N45°47'13"E from said corner to the point of beginning; running thence on a course N44°12'47"W, a distance of 20.00 feet to a point; running thence on a course N45°47'13"E, a distance of 84.55 feet to a point; running thence on a course S44°12'47"E, a distance of 20.00 feet to a point in the westerly boundary of Corinth Road; running thence along the westerly boundary of Corinth Road on a course S45°47'13"W to the point or place of beginning. SAID Lot 13 is the Lot 13, as shown and designated on a map entitled "Phase 1 Cerrone West Mt. Road Subdivision", filed in the Warren County Clerk's Office on May 8, 2009, as Document No. 2009-3000051, in Plat C 122 and Plat C 123, consisting of the following: Sheet 1 of 11/S-1 (Plat C 122 (1 of 5)), dated May 7, 2007, last revised September 26, 2008; Sheet 2 of 11/S-2 (Plat C 122 (2 of 5)), dated May 7, 2007, last revised September 26, 2008; Sheet 3 of 11/S-2B (Plat C 122 (3 of 5)), dated November 2008; Sheet 4 of 11/S-3 (Plat C 122 (4 of 5)), dated May 7, 2007, last revised September 26, 2008; and Sheet 5 of 11/S-4 (Plat C 122 (5 of 5)), dated May 7, 2007, last revised September 26, 2008; Sheet 6 of 11/S-5 (Plat C 123 (1 of 6)), dated May 7, 2007, last revised September 26, 2008; Sheet 7 of 11/S-6 (Plat C 123 (2 of 6)), dated May 7, 2007, last revised September 26, 2008; Sheet 8 of 11/S-7 (Plat C 123 (3 of 6)), dated May 7, 2007, last revised September 26, 2008; Sheet 9 of 11/S-8 (Plat C 123 (4 of 6)), dated May 7, 2007, last revised September 26, 2008; Sheet 10 of 11/S-9 (Plat C 123 (5 of 6)), dated May 7, 2007, last revised September 26, 2008; and Sheet 11 of 11/S-10 (Plat C 123 (6 of 6)), dated May 7, 2007, last revised September 26, 2008; with said Lot being best shown on Sheet 2 of 11/S-2 (Plat C 122 (2 of 5))and Sheet 3 of 11/S-2B (Plat C 122 (3 of 5)). ALL areas disturbed by the maintenance, repair, reconstruction, replacement and/or removal of the sewer pipes by the party of the second part, its successors and assigns, shall be properly backfilled and the surface thereof restored to its former condition to the extent reasonably possible by the party of the second part, its successors and assigns, at its sole cost and expense, except the party of the second part, its successors and assigns, shall have the right to remove vegetation therefrom. THE party of the first part covenants, on behalf of itself, its successors and assigns, that no structures or signs shall be placed in the easement area described above and that it will not interfere with or prevent the exercise by the party of the second part of the rights conferred by this easement. THE rights granted herein to the party of the second part, its successors and assigns shall not be construed to be obligations of the party of the second part, its successors and assigns. THIS easement shall run with the land and shall be binding upon the parties hereto, their successors and/or assigns. THIS conveyance does not constitute all nor substantially all the assets of the grantor corporation and the disposition of the above parcel was made in the usual and regular course of business of the corporation. LITTLE&O'CONNOR ATTORNEYS,P.C. 19 WEST NOTRE DAME STREET-P.O.BOX 898 GLENS FALLS,NY 12801 TEL.(5181 792-2113 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. 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 caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. IN PRESENCE OF CERRO BUILDERS,INC. By: Elio Cerrone,President STATE OF NEW YORK ) )SS.: COUNTY OF WARREN ) On the (S day of August, in the year 2015,before me,the undersigned,personally appeared ELIO CERRONE, 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 Notary MICHAEL, J.OCONNOR Public State of New ork Warren Co. #020C29S74Y 00 My Commission Expires SeP t 9,20jg RECORD AND RETURN TO: Robert Hafner,Esq. Town of Queensbury 742 Bay Road Queensbury,New York 12804 LITTLE&O'CONNOR ATTORNEYS,P.C. 19 WEST NOTRE DAME STREET-P.O.BOX 898 GLENS FALLS,NY 12801 TEL.(5181792-2113