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Quaker_Site Plan Application TOWN OF QUEENSBURY Site Plan Review Application Review Process: 1. Required Pre-submission meeting with staff to determine general completeness to be held no later than 1 week prior to deadline day. Call (518) 761-8265 or(518) 761-8220 for an appointment. 2. Submittal of complete application: 1 original and 14 copies of the application package by monthly deadline. 3. Determination of application completeness. All necessary information must be provided and appropriate fee(s)paid for consideration for placement on an agenda for that month. 4. Incomplete applications will not be considered for placement on any agenda until all missing information has been submitted. 5. Submittal to Warren County Planning, if applicable. 6. Planning Board meeting, generally the third & fourth Tuesday of each month. You will be advised in writing as to which meeting to attend. 7. Following the meeting you will be provided with a copy of the resolution stating the Board's decision on your application. If your application was approved, the next likely step is a Building Permit. Final drawings must be provided for the next phase of review. If your application was denied, your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS (hard copy & electronic): Please submit 1 original& 14 copies of the completed application package to include: • Completed Application pages 2-9, signed & dated • Pre-Submission Meeting Notes: signed by staff • Copy of Deed • Checklist & Plot Plan • Environmental Assessment Form for any non-residential project • Fee: $100 (0 — 10,000 sq. ft.); $250 (10,001 — 30,000 sq. ft.); $500 (30,001 -100,000 sq. ft.); $1,000 (100,000+ sq. ft.) Staff& Contact Information: Craig Brown, Zoning Administrator craigb(&aueensbury.net Laura Moore, Land Use Planner lmoore(&aueensbury.net Sunny Sweet, Office Specialist—Planning sunnys(&queensbury.net (518) 761-8220 Visit our website at www.gueensbury.net for further information and forms PAGE 1 General Information Tax Parcel ID Number: 303.15-1-27 Zoning District: Cl Lot size: 7.23 Acres Detailed Description of Project [includes current&proposed use]: The site is currently commercial/retail-florist with display and greenhouses The proposed pro-ject is for a 5,800 SF convenience store with 8 gasoline fueling dispensers and 3 diesel fueling dispensers. Location of project: 773 Quaker Road(at Dix Road) Applicant Name: Brett Hughes Address: 6500 New Venture Gear Drive Fastrac Markets,LLC p East Syracuse,NY 13057 Q Home Phone Cell: Work Phone 315-552-6800 ext 2124 Fax E-Mail: BHughes@fastracmarkets.com Agent's Name: Matthew R.Napierala,P.E. Address: 110 Fayette Street Napierala Consulting p Manlius,NY 13104 p Home Phone Cell: Work Phone 315-682-5580 Fax E-mail MNap@napcon.com Owner's Name Wallace Hirsch Binley Florist,Inc. Address 773 Quaker Road Queensbury,NY 12804 Home Phone Cell Work Phone Fax E-mail PAGE 2 Site Development Data Area/ Type Existing sq. ft. Proposed Total sq. ft. Additions . ft. A. Building footprint 14,310 5,800 5,800 B. Detached Garage 0 0 0 C. Accessory Structure(s) 48,880 8,070 8,070 D. Paved, gravel or other hard surfaced area 139,364 107,520 107,520 E. Porches/Decks 0 0 0 F. Other 0 0 0 G. Total Non-Permeable [Add A-F] 202,554 121,390 121,390 H. Parcel Area [43,560 sq. ft. /acre] 314,922 314,922 314,922 I. Percentage of Impermeable Area of Site [I=G/H] 64% 39% 39% Setback Requirements Area Required Existing Proposed Front[1] 75 FT 51 FT 68 FT Front[2] Shoreline Side Yard [1] 20 FT MIN SUM 50 FT 15 FT 44 FT I SUM 215 FT Side Yard [2] Rear Yard [1] 25 FT 260 FT 709 FT Rear Yard [2] Travel Corridor ROUTE 254 ROUTE 254 ROUTE 254 Height [max] 40 FT UNKNOWN 27 FT Permeability 30% 36% 61% No. of parking spaces 39 SPACES UNKNOWN 39 SPACES PAGE 3 Additional Proiect Information 1. Will the proposal require a Septic Variance from the Town Board of Health? YES 2. If the parcel has previous approvals, list application number(s): 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System (SPDES)Permit Program? YES 4. Estimated project duration: Start Date 06/01/17 End Date 10/01/17 5. Estimated total cost of project: 6. Total area of land disturbance for project: 6.00 ACRES Floor Area Ratio Worksheet FLOOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District Symbol Floor Area Ratio [FAR] Waterfront Residential WR 0.22 Commercial Moderate/Intensive CM/ Cl 0.3 A. The combined area of all square footage, as measure from exterior walls of all structures on the property, including all floors of the structures, garages, basements and attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not include: Open deck, docks and that portion of covered docks extending over water and one storage shed of one hundred twenty (120) square feet or less. Any additional sheds will be included. (See "FLOOR AREA RATIO"). B. Commercial or industrial: the total area in square feet as measured from the exterior of the outside walls of a building or structure, and when applicable, the sum total of all floor areas of the principal and accessory buildings or structures on the project site. A. Parcel Area 314,922 sq. ft. B. Existing Floor Area 0 sq. ft. [see above definition] C. Proposed Additional Floor Area 13,870 sq. ft. D. Proposed Total Floor Area 13,870 sq. ft. E. Total Allowable Floor Area 94,477 (Area x 0.3 ) [see above table] *If D is larger than E. a variance or revisions to your plan may be needed. Consult with Staff. PAGE 4 § 179-9-080 Requirements for Site Plan Approval. The Planning Board shall not approve a Site Plan unless it first determines that such site plan meets the following Standards. Please prepare responses to each of the following topics: STANDARDS A The proposed project furthers or is consistent with the policies of the Town's Comprehensive Plan. B The proposed project complies with all other requirements of this Chapter,including the site plan review standards as set forth in Paragraph F of this section,the dimensional,bulk and density regulations of the zoning district in which it is proposed to be located(Article 3 and Table 1),the applicable requirements of all other Articles that apply. C The site plan encourages pedestrian activity internally and,if practicable,to and from the site with pedestrian paths or sidewalks connected to adjacent areas. D The site plan must conform to Chapter 136 Sewage and Sewage Disposal,Chapter 147 Stormwater Management Local Law,and other applicable local laws. E The proposed use shall be in harmony with the general purpose or intent of this Chapter,specifically taking into account the location, character and size of the proposed use and the description and purpose of the district in which such use is proposed,the nature and intensity of the activities to be involved in or conducted in connection with the proposed use and the nature and rate of any increase in the burden on supporting public services and facilities which will follow the approval of the proposed use. F The establishment,maintenance and operation of the proposed use will not create public hazards from traffic,traffic congestion or the parking of vehicles and/or equipment or be otherwise detrimental to the health,safety or general welfare of persons residing or working in the neighborhood or to the general welfare of the town. Traffic access and circulation,road intersections,road and driveway widths and traffic controls will be adequate. G Off-street parking and 19oading facilities will be appropriately located and arranged and sufficient to meet traffic anticipated to be generated by the new use. The establishment of vehicle links between parking areas of adjacent properties are provided where feasible. This furthers the Town's goal of reducing curb cuts and reducing congestion. A twenty-foot wide connection is required. If adjacent properties are either undeveloped or previously developed without having made provision for future linkage,then a future connection must be identified and provided for in the site plan under review for such future linkage when the time arises. The Planning Board may require proof that the applicant has made contact with adjacent property owners for purposes of coordinating linkages with adjacent properties. H The project shall not have an undue adverse impact upon the natural,scenic,aesthetic,ecological,wildlife,historic,recreational or open space resources of the town or the Adirondack Park or upon the adequate provision of supporting facilities and services made necessary by the project,taking into account the commercial,industrial,residential,recreational or other benefits that might be derived from the project. In making the determination hereunder,the Planning Board shall consider those factors pertinent to the project contained in the development considerations set forth herein under§ 179-9-080 of this Chapter,and in so doing,the Planning Board shall make a net overall evaluation of the project in relation to the development objectives and general guidelines set forth in§ 179-9-080 of this Article. j The provision for and arrangement of pedestrian traffic access and circulation,walkway structures,control of intersections with vehicular traffic and overall pedestrian convenience shall be safe and adequate for pedestrian movement. Pedestrian connections between adjacent sites shall be provided to encourage pedestrian use. J. Stormwater drainage facilities will prevent an increase of post development drainage flows as compared to pre-development drainage flows. Drainage of the site shall recharge ground water to the extent practical. Surface waters flowing off-site shall not degrade any streams or adversely affect drainage on adjacent properties or public roads. Facilities shall be in conformance with the drainage standards of Chapter 147 of the Town Code and the Town of Queensbury Subdivision Regulations where applicable. K The water supply and sewage disposal facilities will be adequate and will meet all applicable and current requirements set forth by Department of Health regulations and Chapter 136 of the Town Code. L The adequacy,type and arrangement of trees,shrubs and other suitable plantings,landscaping and screening shall effectively provide a visual and/or noise buffer between the applicants and adjoining lands,including the maximum retention of existing vegetation and maintenance,including replacement of dead or deceased plants. M Fire lanes,emergency zones and fire hydrants will be adequate and meet the needs and requirements of emergency service providers. N The design of structures,roadways and landscaping in areas susceptible to ponding,flooding and/or erosion will minimize or avoid such impacts to the maximum extent practicable. 0. The site plan conforms to the design standards,landscaping standards and performance standards of this chapter. PAGE 5 NAPIERALA CONSULTING 110 FAYETTE STREET MANLIUS, NHw YORK 13104 ►' SHT • DESIGN „ EN"luINEEHNG Requirements for Site Plan Approval-Standards 773 Quaker Road,Queensbury, NY 12804 Below are the required responses for the standards listed under Town of Queensbury code §179-9-080, Requirements for Site Plan Approval. A. The proposed project is consistent with the Town's Comprehensive Plan. B. The project complies with all dimensional, bulk, and density requirements aside from the requirement of landscaped area within parking area. C. The building is surrounded by concrete sidewalk to encourage and protect pedestrian activity. There are no paths or sidewalks surrounding the site and therefore no connections off-site. D. The subject site will have both a sewage disposal system and a stormwater management plan that will abide by all applicable local and state regulations. E. The project is a redevelopment and will maintain a commercial use on the subject site. Being that the property has a commercial zoning and is located on a busy commercial corridor, the size and purpose of the proposed project is not expected to increase burden on public services or facilities. F. Site access and circulation have been taken into account during engineering design of the proposed site layout.A traffic study is underway and will be considered when finalizing driveway locations and size so as to not create public traffic hazards. G. No future connection is proposed between the adjacent site at this time. Off-street parking is appropriate for the desired use based on the needs of the same prototype store in similar commercial areas. H. The subject property has an existing use that is commercial in nature and therefore does not have the capacity to be adversely impacted in an aesthetic or ecological sense. The development of the site is viewed as an improvement upon existing conditions due to the modern, clean-cut nature of the Fastrac building architecture. I. Sidewalk has been provided surrounding the building to provide for pedestrian circulation. There is no pedestrian access off-site and therefore no connections have been provided. Provisions for pedestrian access around the site are viewed as adequate given the intended use. J. Under NYSDEC standards, the site is viewed as a redevelopment with a decrease in impervious area and will not have an increase in peak stormwater runoff. Grading and drainage of the site will be developed in a manner that does not adversely impact surrounding properties or public facilities. K. The water service lateral will be connected to a public supply on Quaker Road and will be adequate for the intended use.The sewage disposal system will meet all local and state regulations. L. Effective and adequate landscaping and screening has been provided and is shown on the landscaping plan,sheet C-10. M. All emergency access and fire requirements have been designed in full compliance of local and state regulatory measures. N. All roadways and landscaping have been graded in such a manner so as to provide adequate drainage of all potential stormwater runoff. O. Site plans have been designed in accordance with all guidelines of Town code§179-9-080. PH 315-682-5580 • FAx 315-682-5544 • EMAIL:NINAP@NAPCON.CON1 PAGE 6 § 179-9-050 Checklist-Application for Site Plan Review. Application materials and site plan shall include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing and all attachments that address items A-V. The applicant may request a waiver from A-V and is to provide reasons for waiver(s) requested. Please label information to be submitted. REQUIREMENTS Sheet# A A vicinity map drawn at the scale that shows the relationship of the proposal to existing community facilities which affect C-3 or serve it,such as roads,shopping areas,schools,etc. The map shall also show all properties,identify owners, subdivisions,streets and easements within 500 feet of the property. Such a sketch may be superimposed on a United States Geological Survey map of the area. B The site plan shall be drawn at a scale of forty feet to the inch(1"=40 feet)or such other scale as the Planning Board may deem appropriate,on standard 24"x 36"sheets,with continuation on S 1/2"x I I"sheets as necessary for written C-5 information. The information listed below shall be shown on the site plan and continuation sheets. C Name of the project,boundaries,date,north arrow,and scale of the plan. C-5 D. Name and address of the owner of record,developer,and seal of the engineer,architect or landscape architect. If the SEE APP applicant is not the record owner,a letter of authorization shall be required from the owner. E The location and use of all existing and proposed structures within the property,including all dimensions of height and C-3 C-6 floor area,all exterior entrances,and all anticipated future additions and alterations. F The location of all present and proposed public and private ways,off-street parking areas,driveways,outdoor storage areas, sidewalks,ramps,curbs,paths,landscaping,walls and fences. Location,type and screening details for all waste disposal C-3 C-6 containers shall also be shown. G The location,height,intensity and bulb type(sodium,incandescent,etc.)of all external lighting fixtures. The direction of C-11 illumination and methods to eliminate glare onto adjoining properties must also be shown in compliance with§ 179-6-020. H The location,height,size,materials and design of all proposed signs. C-12 j The location of all present and proposed utility systems including: 1. Sewage or septic system; C--9.9. 1 2. Water supply system; C-9.2 3. Telephone,cable and electrical systems;and 4. Storm drainage system including existing and proposed drain lines,culverts,catch basins,headwalls,endwalls, hydrants,manholes and drainage swales. J Plans to prevent the pollution of surface or groundwater,erosion of soil both during and after construction,excessive runoff C-8 and flooding of other properties,as applicable. A Stormwater Pollution Prevention Plan(SWPPP)for all land development activities(excluding agricultural activities)on the site that results in land disturbance of one acre or more. A SWPPP shall comply with the requirements of the DEC SPDES MS-4 General Permit and Chapter 147 of the Town of Queensbury Code. It shall be at the discretion of the Planning Board as to whether a SWPPP or an erosion and control plan shall be required for a site plan review project land disturbance of less than one acre. K Existing and proposed topography at two-foot contour intervals,or such other contour interval as the Planning Board shall C-3 allow. All elevations shall refer to the nearest United States Coastal and Geodetic Bench Mark. If any portion of the parcel C-7 is within the I00-year floodplain,the area will be shown and base flood elevations given. Areas shall be indicated within the proposed site and within 50 feet of the proposed site where soil removal or filling is required,showing the approximate volume in cubic yards. L A landscape plan showing all existing natural land features than may influence the design of the proposed use such as rock C-10 outcrops,stands of trees,single trees eight or more inches in diameter,forest cover and water sources and all proposed changes to these features,including sizes and types of plants. Water sources include ponds,lakes,wetlands and watercourses,aquifers,floodplains and drainage retention areas. M. Land Use District boundaries within 500 feet of the site's perimeter shall be drawn and identified on the site plan,as well as any Overlay Districts that apply to the property. C-3 PAGE 7 REQUIREMENTS (CONTINUED) Sheet# N Traffic flow patterns within the site,entrances and exits,loading and unloading areas,as well as curb cuts on the site and within 100 feet of the site. The Planning Board may,at its discretion,require a detailed traffic study for large developments or C-5 for those in heavy traffic areas,which shall include: 1. The projected number of motor vehicle trips to enter or leave the site,estimated for weekly and annual peak hour traffic levels; 2. The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; 3. The impact of this traffic on levels of service on abutting public streets and at affected intersections. Existing and proposed weekly and annual peak hour traffic levels and road capacity levels shall also be given. 0. For new construction or alterations to any structure,a table containing the following information shall be included: C-5 1. Estimated area of structure to be used for particular purposes such as retain operation,office, Storage,etc.; 2. Estimated maximum number of employees; 3. Maximum seating capacity,where applicable;and 4. Number of parking spaces existing and required for the intended use. p 1. Floor Plans. A-100 2. Elevations at a scale of one-quarter inch equals one foot(1/4"=1 foot)for all exterior facades of the proposed structure(s) A-200 and/or alterations to or expansions of existing facades,showing design features and indicating the type and color of materials to be used. Q Soil logs,water supply well and percolation test results,and storm water runoff calculations as needed to determine and mitigate project impacts. S WPPP R Plans for disposal of construction and demolition waste,either on-site or at an approved disposal facility. SWPPP S Plans for snow removal,including location(s)of on-site snow storage. C-6 T. An Environmental Assessment Form("EAF")as required by the SEQRA regulations,with Part 1 completed by the Applicant SEE APP shall be submitted as part of the application. If the proposed project requires a special use permit and an EAF has been submitted in conjunction with a special use permit application,a duplicate EAF is not required for the site plan application. U If an application is for a parcel or parcels on which more than one use is proposed,the applicant may submit a single N/A application for all such uses,provided the proposed uses are accurately delineated on a site plan drawn pursuant to the requirements set forth above. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application(and for SEQRA compliance)all proposed uses on a single parcel or on contiguous parcels shall be considered together. V A brief narrative statement on how the project proposed for review furthers or is consistent with the vision,goals and policies in the Town's Comprehensive Plan. SEE APP PAGE 8 Pre-Submission Conference Form [1794-0401 i, Tax Map 101 303-15-1-27 2. Zoning classification -Nc-" Cl Table of Allowed Uses Site Plan Review subject to Site Plain Review 4, Ordinance Section P 5, Pre-Submission Meeting Notes; Outstanding Items To Be Addressed Includett(I'/31 Deed Yes General Information complete No No Site Development Data Complete Setback Requirements Complete Y'r Additional Project Information Complete No LCoverage under DEC SWPPP PromoraNo FAR Worksheet complete Yes Yes 040) Standards addressed Yes, Checklist items addressed Environmental Form completed Yes) Signature Page completed Yes No C), Joe.\ve(I(f-) L2, CA rD x� ve I k? v, LA,-) 01 I 4L, 0 ttt 4. ka ' it 0 101 omf- (C' la /U V S10- c i ol c -'T LL>A' A Ici aakk 4-2� Ic with Notice of Intent 'NOii SWPPP Acce tante Par ii, DEC letter Is flngSerrrtIL _number: Notice of Termination(NOT) Staff Representative: Applicant /Agent: .�2 Date: 6rL= Site Plan Review Revised April 2016 Town Of QUeensbury Planning Office�742 Bay Road-Queensbury, NY 12804�518-761-8220 li PAGE 9 0 t EIJVd I08ZI. 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W~0owm CLOW RECEIPT: 14375 1340 9TAIrgS PAMELA J. VOGEL U00109a4mvism WARREN COUNTY CLERK (s1q fit I(Stq 7N VOL: DE LIBERs 1465 PAGE: 284 C C ► T PAGE ) OF MW '. 3 MORTGAGE TAX STAMP ATTACHMENU I do bertby catify that I have ravived on t i S bcalg the O PAGES TO A ax paid mul S a A wl"!I NAIL I anal topmal ti $ ax of the Om o iq, ADDITIONALNAMES Dated 'DOWN d p PAMELA 7 VOGEL RECORDING OFFICER DOCUIENf TYPE J J C, WARREN COUNTY,NY CONS PION Please fill in blanb below befa m subuittingfor rw4"hng. PAGE VALIDATION u Party(m)of the First Part: BinleFlorist Inc. . ,y r4 NCS P&rtY( ) Binle Florist Inc. too yes of the Second Pest. m c ,;D3 RECORDED BY: RECORDING STARg µ LIBER—OF— PAGE—ARD IBER—OF RAGE„..•ARSB 1, A,MNEO W1 ARRE14 COUNT YM N.Yd RETURNTO: t�AKLA J,VOEI:L,E"I.ERd 'DN' a� I c r1 a. wI I?Ftp w 05 SEP —8 PM 12: 16 Gt r m 513 Glen Street � N Glens Falls, NY 12801 RECORDED 00 DOCUMENT O- 9244 LIBER = 1465 PAGE = 285 N.Y. DEED-WARRANTY with lien Covenant THIS INDENTURE Made the �day of CW In the Year Two Thousandive Between Binley Florist, Inc., with principal place of business located at 31 Grant Avenue, Glens Falls, New York, party of the first part, and Binley Florist, Inc., with principal place of business located at 31 Grant Avenue, Glens Falls, New York, party of the second part, Witnesseth that the party of the first part,in consideration of--------ONE AND 00/100-------- ------------------------------DOLLAR ------- --- --- ------ -------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, their heirs, and assigns forever,All that certain parcel of real estate situate in the Town of Queensbury, County of Warren, State of New York, to wit: Lying northeasterly of Quaker Street and northerly of Dix Avenue and being further bounded and described as follows:BEGINNING at a concrete monument set in the northeasterly line of Quaker Stret where the same is intersected by the northerly line of Dix Avenue and runs thence along siad northeasterly line of Quaker Street north 420, 52' 00" west 237.0 feet to an iron pipe; thence through lands now or formerly of Charles P., Helen Jane, Margaret W., Donald J. And Helen B. Sullivan the following two courses: North 510 58'00"east 175.0 feet to an iron pipe;thence south 340 38' 10" east 387.0 feet to the northerly side of Dix Avenue; thence along said northerly line of Dix Avenue north 79°22'30"west 200.0 feet to the said northeasterly line of Quaker Street and the point and place of beginning, containing 1.09 acres more or less. Together with the benefit of restrictions affecting adjoining lands now or formerly owned by Charles P. Sullivan, at ux at al as recited in deed recorded in Liber 534 of Deeds at Page 501, Warren County, New York. Subject to easements, restrictions and conditions of record, easements or restrictions visible upon the ground and any state of facts which an accurate survey would disclose. Being the same premises conveyed by Bargain & Sale Deed from Sun Oil Company of Pennsylvania. to Binley Florist, Inc., said deed dated January 30, 1979, and recorded in the Warren County Clerk's Office on March 7, 1979, in Book 621 of Deeds at Page 632. Parcel 2 ALSO CONVEYING 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 bounded and described as follows: BEGINNING at an iron pipe found i in the ground at the northeasterly corner of premises conveyed by Charles 1 . Sullivan and others to Sun Gil Company, Inc. By deed dated May 1, 1971, recorded in Book 534 of Deeds at Page 501, in the Warren County Clerk's Office, the same being I the southerly bounds of premises conveyed by Charles P. Sullivan and others to Krebs Imperial Furniture, Inc., by deed dated December 9, 1975, recorded in Book 593 of DOCUMENT - ?244, LIBERM 1465 PAGE:. 2g6 Deeds at Page 321 in the Warren County Clerk's Office running from thence north 65 and 31 minutes east along the southerly bounds of the said lands conveyed to Krebs Imperial Furniture Company, 124.9 feet to an iron pipe found in the ground at the southeasterly corner thereof; thence north 29 'and 20 minutes west along the easterly bound of the said lands conveyed to Krebs Imperial Furniture Company and continuing the same course for a total distance of 300.0 feet to an iron pipe set in the ground;thence north 65 and 31 minutes east,518.04 feet to an iron pipe set in the ground in the line of a fence on the westerly bounds of lands of Eleanor Suprenant, thence south 06 and 55 minutes west along the said fence and the westerly bounds of the said lands of Eleanor Suprenant, 187.32 feet to an eight inch diameter hickory tree; thence south 07 00 minutes and 30 seconds west along the same, 58.20 feet to a six inch diameter ironwood tree; thence south 07 ,42 minutes and 30 seconds west,still along the same, 261.37 feet to a ten inch diameter ash tree; thence south 06 and 09 minutes west, still along the same, 270.92 feet to an iron pipe set in the ground;thence north 75 and 54 minutes west, 285.75 feet to an iron pipe set in the ground in the westerly bounds of the said lands conveyed to Sun Oil Company; thence north 21 and 06 minutes west along the easterly bounds of the sail land conveyed to Sun Oil Company, 187.04 feet tot he pant and place of beginning, containing 5.143 acres of land, be the same more or less. Bearings refer to the magnetic meridian as of August, 1975. Subject to all easements of record. Being the same premises conveyed by Warranty Deed from Margaret W.Sullivan, Donald J. Sullivan, Helen Blanche Sullivan, Charles P. Sullivan and Helen Jane Sullivan to Binley Florist, Inc., said deed dated April 30, 1979, and recorded in the Warren County Clerk's Office on May 1, 1979, in Book 622 of Deeds at Page 753. Parcel 3 ALSO CONVEYING All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, Warren County, New York, more particularly bounded and described as follows: BEGINNING at an iron pipe found in the ground in the northerly bounds of Dix Avenue at the southeasterly corner of premises conveyed by Charles P. Sullivan and others to Sun Oil Company, Inc., by deed dated May 1, 1971, recorded int Book 534 of Deeds at Page 501, in the Warren County Clerk's Office; running from thence north 21degrees 06 minutes west along a portion of the easterly bounds of the said lands conveyed to Sun Oil Company 200.0 feet to an Iron pipe set in the ground; thence south 75 degrees 54 minutes east, 285.75 feet to a sixteen inch diameter basswood tree in the line of a fence on the easterly bounds of premises of Eleanor Suprenant; thence south 05 degrees, 36 minutes 30 seconds west along the said fence and boundary line;200.0 feet to an iron pipe set in the ground in the northerly bounds of Dix Avenue; thence north 66 degrees 09 minutes west, along the said fence and boundary line, 200.0 feet to an iron pipe set in the ground in the northerly bounds of Dix Avenue;thence north 66 degrees 09 minutes west along the northerly bounds of Dix Avenue, 202.93 feet to the point and place of beginning, containing 0.978 acres of land be the same more or less. Bearings refer to the magnetic meridian as of August, 1975. Being the same premises conveyed by Warranty Deed from Timothy P.Sullivan, Helen B. Sullivan and Jane R. Sullivan to Binley Florist, Inc..., dated August 30, 1984„ and recorded in the Warren County Clerk's Office on August 31, 1984, in Book 664 of Deeds at Page 81. This conveyance is for the purpose of merging the three separate taxing parcels owned by the grantor corporation, into one taxing parcel,and is intended to demonstrate the consent of the corporation for same. DOCUMENT On 4244 This conveyance does not constitute all or substan��f flee f th�'G$ 2Rior+8? 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,their heirs and assigns forever. And said party of the first part covenants as follow: 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 Sec. 13 of the Lien Law, the grantors 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 have hereunto set their hands and seals the day and year first above written. In Presence of BINLEY FLORIST, INC. t Syw � L.S. alOce President STATE OF NEW YORK ) .SS. COUNTY OF WARREN ) On this "ZR�-' day o in the year 2005, before me, the undersigned, personally appeared II R. a gnt ofBinlev Fl i 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 acknowledge 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. O A PUBLIC rVAOM J. mom MaWq ftWIC, ebft Of NOW ra* Coallty of Seri N-473310 MI Com*ds.lon Empke r I (w REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT (the"Agreement") dated as of the f 1' Day of October,2016(the 'Tft'ective.Date") is by and between Mr. Wallace R. (the "Seller"), and Fusfrae Markets, L.LC, a limited Iiability company having an address or 6500 New Venture Gear Drive; Suite 100, East Syracuse, New York 13057(the"Purizhaser") WITNESSETH: WHEREAS. the Seller owns that certain properties (the "Premises") located at 773 Quaker Road Tax 1&303,15-1-27 Queensbury,New York 12804, Approximately 7+1-Acres of land. WHEREAS, the Seller is willing to sell the entire Premises, and the Purchaser is willing to purchase the entire Premises, upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants attd agreements herein contained; the sura of One Dollar($1.00),and other good and valuable consideration, the receipt of which is acklnowiedgcd,the parties hereto agree as follows: 1- Sale and Purvhase. 1.1 The Seller agrees to sell and convey, and the Purchaser agrees to purchase that certain plot, piece or parcel of land with any buildings Arid improvements thereon: erected, situate, lying and being located at 773 Quaker Road Tax 16 343.15-1-v27 Queensbury, New York 12904. Approximately 7 +/- Acres of land, which Premises are more particularly describer{ in SCHEDULE A annexed hereto and made a part, hereof, and which Premises are depicted as the"Parcel to be Purchased"on the snap annexed hereto and made a part hereof as SCHEDULE S. 1.2 This sale includes all right, title and interest, if any, of the Seller in and to all strips, gores, easements, licenses, privileges. rights, hereditaments andappurtenances affecting the Premises and any land lying in the bed of any street, road or avenue opened or proposed, in front ofor adjoining the Premises,to the center line thereof, and all right, title and interest of the Seller in and to any award trade or to be made in lieu thereof and in and to any unpaid award for daruage to the Premises by reason ofch"ge of grade of any street; and the Seller will execute and deliver to the Purchaser, on closing of title,or thereafter. on demand, all proper instruments for the conveyance of such title and the assignment and collecCiots of any such award. €.3 Seller reset-ves the right to a(l equipment, inventory, furnishings, signage, greenhouses and grearr house Cixtures which shall be removed in an orderly :Fashion at Seller's sole expense Within the sixty day period subsequent to the closing 1 IN WITNESS WHEREOF, this Real Estate Purchase A;regiment has been duly executed by the parties hereto as of the day and year first above written, SELLER: PURCHASER: Gifacz .f- trsr Mr. 1�4Tirsh Fastrac Mar ,L.L.C. By: By: Name: Dame: ► C)ncl 04 L.4 Title: Title: S ! i to SCHEDULE A 17escriptinn afPremises For the Purchase Agreement of the Premises located at 773 Quaker (toad in Queensbury, New York 12804, approximately 7+/-acres of land, TEX MIp# 303.15-1-27 ti SCHEDULED Mr7D _y _�o: — "f nti.�',.iTai•[rwS�.r�L�'..a�_r�a:l.w'.__..�itir li��,Ii�.r v�,� �•.L•"r-i•• � __ 'dry�•� - r��T��1' +-'�'• G.uaker Raaf ;4r. -z c'L y= .•_ :r: _ ._ 7.21 acres in total r �� � f C1w.iir7•'u4^.C.]" :iyp�'" ...ti_.��;l.'- ..."';;�;i'. _ `.1-`=_t Lv A5 6,174 Tlt 5 �!L �`� .I dip-:. +ti_' `.. ".,Y•e:i•,F'��r j :til R•Y / -:s�.'�' Ji" �i._ :.J.y':�';���:i'.:; FfT. �;_'-r.e-,•. 1•-����.•_j lye-1.J�~..:'" 4 �= iAe ti.v v k'y''- .Yom'•'..:„.2..�L•,ti=-i =��.,, _'. .1�..t�}i���yy�,��,., 5'•} ryL�i•- ' .,.. - _ - i: ....•.:,�'sir - r - S - '303 20 ?'moi'' ..may,- :. 'M1'�••.y_.� i'• _ -�r - •1 12