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