Court Order lOA!*fM11q
Mt yam\Rn
STATE OF NEW YORK D- tin
WARREN COUNTY s Q?
I, Pamela J. Vogel, Clerk of the County of Warren of the County Court of said County and
of the Supreme Court, both being courts of Record having a common seal, DO HEREBY
CERTIFY that I have compared this copy with the original
DESCRIPTION: ORDER
DATE: 10/04/2016
CASE# 2012-57449
filed, recorded, or entered in this office and that the same is a correct transcript thereof and
of the whole of said original.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
and Courts on
Date: 10/13/2016
Pamela J.Vogel By.
Warren County Clerk Deputy
CASE#: 2012-57449 10/04/2016 ORDER Image: 1 of 20
STATE OF NEW YORK
SUPREME COURT COUNTY OF WARREN
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RUSSELL A. HILLIARD,MARY C. HILLIARD, SO ORDERED
SUZANNE E.TYRER,KIMBERLY L. LYON, LAURA B. STIPULATION,
TYRER,DAVID P. CERNY and KATHY A.CERNY, SETTLEMENT,
Plaintiffs, EASEMENT AND
MAINTENANCE
-against- AGREEMENT
Index No. 57449
RJI No. 56-1-2012-0433
Hon.Robert J.Muller
DAVID W. DOSTER,LISA A.DOSTER,GLENS FALLS
NATIONAL BANK AND TRUST COMPANY, and
TAYLOR HILL PROPERTIES,LLC.
Defendants.
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WHEREAS,Plaintiffs, Russell A. Hilliard and Mary C. Hilliard(hereinafter collectively
"Hilliard")as tenants by the entirety are the record title owners of two parcels of real property
located in the Town of Queensbury,County of Warren and State of New York by virtue of two
deeds recorded in the Warren County Clerk's Office,the first deed recorded on June 16, 1995 in
Book 949 of Deeds at Page 266 known by the Warren County Real Property Tax Service Section
Block and Lot("SBL")Number of 289.17-1-3("Hilliard Property I")and the second deed
recorded on November 20, 1995 in Book 963 of Deeds at Page 258 known by the Warren
County Real Property Tax Service Section Block and Lot("SBL")Number of 289.13-1-50
("Hilliard Property II"), and
WHEREAS,Plaintiffs,Suzanne E.Tyrer, Kimberly L. Lyon and Laura B. Tyrer
(hereinafter collectively"Tyrer"), as joint tenants with the right of survivorship are the record
title owners of two parcels of real property located in the Town of Queensbury,County of
'M
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Warren and State of New York by virtue of a deed recorded in the Warren County Clerk's Office
on August 23,2006 in Book 3027 of Deeds at Page 98 known by the Warren County Real
Property Tax Service Section Block and Lot("SBL")Numbers of 289.17-1-2 and 289.13-1-51
(collectively the"Tyrer Property")and,
WHEREAS, Plaintiffs David P. Cerny and Kathy A.Cerny(herein collectively"Cerny")
as tenants by the entirety are the record title owners of a parcel of real property located in the
Town of Queensbury, County of Warren and State of New York by virtue of a deed recorded in
the Warren County Clerk's Office on May 11,2006 in Book 2933 of Deeds at page 227 known
by the Warren County Real Property Tax Service Section Block and Lot("SBL")Number of
289.13-1-35("Cerny Property"), and
WHEREAS,Defendants David W.Doster and Lisa A.Doster(hereinafter collectively
"Doster")as tenants by the entirety are the owners of two parcels of real property located in the
Town of Queensbury,County of Warren and State of New York by virtue of two deeds recorded
in the Warren County Clerk's Office, the first deed was recorded on October 5, 2011, in Book
4340 of Deeds at page 173,known by the Warren County Real Property Tax Service Section
BIock and Lot("SBL')Number of 289.17-1-5 and the second deed was recorded on April 10,
2013,in Book 4731 and at Page 29, known by the Warren County Real Property Tax Service
Section Block and Lot Number of 289.17-1-7(collectively the"Doster Property") and
WHEREAS,Defendant Glens Falls National Bank and Trust Company(hereinafter
"GFNB")holds a mortgage on the property owned by the Dosters which was recorded in the
Warren County Clerk's office on October 9,2014,in Book 5057 of Mortgages at page 5,and
WHEREAS, Plaintiffs commenced the above entitled action by filing a complaint on
July 10, 2012 seeking, among other things, a determination of the rights of the parties with
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respect to a certain easement and right of way to the waters of Glen Lake over the Defendants'
properties,to which Dosters counterclaimed,and
WHEREAS, Plaintiffs appeared by and through their attorneys,FitzGerald Morris Baker
Firth,P.C.,the Doster's having appeared by and through their attorneys,Bartlett,Pontiff,Stewart
&Rhodes, P.C, and GFNB having appeared by and through its attorneys,McPhillips,Fitzgerald
&Cullum,LLP,and
WHEREAS,Plaintiffs withdrew their claims against Defendant Taylor Hill Properties,
LLC(hereinafter"Taylor Hill")by voluntary discontinuance on April 1,2013, after Taylor Hill
transferred of a portion of its real property to the Dosters,and
WHEREAS, for purposes of settlement the Dosters agree to grant an easement and right
of way over their property benefiting Hilliard Property I,Hilliard Property U,Tyrer Property and
Cerny Property,and
WHEREAS,the Plaintiffs and Defendants are now desirous of resolving their dispute as
to their respective claims and reaching a full and complete settlement of this action,and
NOW,THEREFORE,the PIaintiffs Hilliard,Tyrer and Cerny(collectively"Plaintiffs")
and the Defendants Doster and GFNB stipulate and agree to resolve all of the issues raised by the
litigation and to settle this action upon the following terms and conditions:
1. Location and Terms of Pedestrian RiEht of Way:
a. The Dosters hereby grant and convey to the Plaintiffs a pedestrian right of way no
less than four (4) feet in width commencing at Ash Drive and located along the
western boundary line of the Doster Property to the waters of Glen Lake.
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b. The Plaintiffs' pedestrian right of way shall include the right of access to and use
of a dock at the terminus of the Pedestrian right of way extending into the waters
of Glen Lake,as more fully set forth in paragraph 3 below.
c. The Dosters shall construct a pathway on their property in the location of the
pedestrian right of way for the benefit of the Plaintiffs and will clear said
pedestrian right of way of all trees, stumps, boulders and other impediments to
create a pathway that is suitable for pedestrian travel by foot while carrying items
to the dock.
d. Until the Dosters complete the construction of the pedestrian pathway, the
Plaintiffs shall have a temporary easement for pedestrian access by foot over the
Doster's existing driveway from Ash Drive to the western dock.
e. After its construction, the Plaintiffs shalt be responsible for the maintenance of
the pedestrian right of way subject to the oversight of the Dosters with respect to
Plaintiffs'compliance with all applicable municipal rules and regulations.
f. The Plaintiffs shall be solely responsible for the maintenance of the pedestrian
right-of-way granted under the terms of this paragraph 1. The Plaintiffs shall
keep the right-of-way in good repair and condition, free from obstructions and in
an open and passable condition for use by the Plaintiffs and their guests and
invitees. All maintenance shall be done Monday through Saturday during
daylight hours between 10 a.m. and 4 p.m. and shall be undertaken in such
manner as not to obstruct, impede or interfere with neighboring properties or with
the Dosters'property outside of the right-of-way, including the use thereof by the
Dosters, their tenants, guests and invitees. All maintenance shall be at the
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Plaintiffs' sole cost and expense, and the Plaintiffs agree to indemnify and hold
the Dosters harmless in connection therewith.
2. Location and Terms of the Beach Easement.
a. The Dosters hereby grant and convey an easement to the Plaintiffs for the use of a
beach area along the western boundary of the Doster's Property.
b. The `Beach Area" shall be comprised of an area measuring 10 feet along the
shoreline from the western boundary line of the Doster's property by 10 feet in
depth in a northerly direction along the western boundary line.
c. The Beach Area shall be used for swimming purposes, which shall include
sunbathing and the use of chairs/lawnchairs provided that no more than three(3)
chairs/lawn chairs shall be allowed on the Beach Area at any one time.
d. Use of the Beach Area for swimming shall be limited to daylight hours between
L OAM and 7PM.
e. No equipment,nor any personal property or items belonging to the Plaintiffs or to
their guests and invitees may be stored or left on the Doster's property at any
time.
f. The Plaintiffs shall be solely responsible for the maintenance of the Beach
Easement granted under the terms of this paragraph 2. The Plaintiffs shalt, at
their sole cost and expense, maintain the Beach Easement in a good state of
repair, free of any garbage or other obstructions and, after 7 p.m., any items of
personal property belonging to the Plaintiffs and/or their guests and invitees. All
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maintenance shall be done Monday through Saturday during daylight hours
between 10 a.m. and 4 p.m. and shall be undertaken in such manner as not to
obstruct, impede or interfere with neighboring properties or with the Dosters'
property outside of the easement area, including the use thereof by the Dosters,
their tenants, guests and invitees. All maintenance shall be at the Plaintiffs' sole
cost and expense, and the Plaintiffs agree to indemnify and hold the Dosters
harmless from all such maintenance and the costs associated therewith.
3. Location of the Dock and Dock Riebts.
a. The Dosters agree to construct and maintain a dock for the benefit of the Plaintiffs
at the terminus of the aforementioned Pedestrian right of way extending straight
into the waters of Glen Lake in a southerly direction.
b. The dock will be four (4) feet wide and forty (40) feet in length from the mean
low water mark extending southerly into the waters of Glen Lake.
c. The dock will be placed in the water at the same location as the "west dock" as
depicted on the Doster's survey map prepared by David J. Bolster dated 7/29/11
and sealed 3/5/13.
d. The dock shall be used for activities related to docking a boat and launching a
boat from the dock including securing the vessel, applying covers, cleaning the
vessel and other routine maintenance activities.
e. Fishing or exterior boat washing from on or around the dock will not be
permitted.
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f. The parties agree that the dock will be owned by and be the personal property of
the Dosters.
g. The Plaintiffs collectively shall be granted a total of four(4)deeded dock spaces
located along the east and west sides of the dock accommodating one boat per
space. No boat(s)shall be berthed along the south end of the dock.
h. The Dosters agree that the dock will be placed in the water annually by May 1 of
each year, weather and lake conditions permitting, and will remain in the water
until October 15.
i. The Plaintiffs shall be responsible for obtaining all permits and/or approvals,
including a special use permit from the Town of Queensbury. Plaintiffs'
applications for permits and/or approvals to the Town of Queensbury shall first be
submitted to the Dosters for review and approval prior to being filed with the
Town. The Dosters approval(s)shall not be unreasonably withheld.
j. The Dosters shall own the dock and shall be responsible for all ordinary, routine
maintenance and repairs thereto, including the cost and expense associated
therewith. The Plaintiffs shall be responsible for any damage, beyond ordinary
wear and tear, to the dock caused by any one of them, including their guests and
invitees, and shall have an affirmative obligation to promptly report any such
damage(s)to the Dosters. Any repairs resulting from any such damage, including
all costs associated therewith, shall be the sole responsibility of the Plaintiffs with
any work to be performed in a workmanlike manner. The Plaintiffs and the
Dosters agree to indemnify and hold each other harmless in connection with their
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CASE#: 2012-57449 10/04/2016 ORDER Image: 8 of 20
respective obligations hereunder for maintenance of the dock and any damage(s)
thereto.
4. Additional Provisions:
a. The grants herein for use of the pathway, beach and dock are intended to be for
the benefit of the properties currently owned by the Plaintiffs as identified above
and no other or further subdivided portion(s)thereof, it being the intention of the
parties that the rights granted herein by the Dosters are forever limited to the four
parcels of real property currently owned by the named Plaintiffs.
b. The grants herein for use of the pathway, beach and dock are intended to run with
the land and shall be binding upon and inure to the benefit of the heirs,successors
and assigns of the parties.
c. The Plaintiffs agree to defend, indemnify and hold the Dosters harmless with
respect to maintenance and use of the pathway, and the use of the Beach Area and
dock by the Plaintiffs,their guests and invitees.
d. The Dosters and the Plaintiffs agree that neither will impede or obstruct the others
free passage over the pathway, or impede or obstruct their use of the Beach Area
or dock in accordance with the terms thereof.
e. The Plaintiffs agree that the use of the pathway, Beach Area and dock on the
Doster's property by themselves, their guests and invitees shall be in accordance
with the Doster's Rules and Regulations, set forth in Schedule "A", all of which
are expressly incorporated herein and made a part hereof.
8
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CASE#: 2012-57449 10/04/2016 ORDER Image: 9 of 20
f. Each of the parties hereto shall be responsible for their respective attorneys' fees
in connection with the negotiation, signing and recording of this Stipulation and
Settlement Agreement,general releases and the stipulation of discontinuance.
g. Plaintiffs shall cause this Stipulation and Agreement to be filed and recorded in
the Warren County Clerk's office and indexed against the properties of the parties
hereto.
S. Filing Fees/Approvals:
a. The Plaintiffs shall be responsible for all filing and recording fees associated with
this agreement.
b. The Parties agree that the terms of this Stipulation and Agreement are subject to
all applicable federal, state, administrative, local and/or municipal approvals that
may be required.
c. GFNB agrees to subordinate its mortgage (or other lien) against the Doster's
Property to the Easement and Maintenance Agreement.
6. Enforcement of Stipulation and Settlement:
a. The terms and conditions of this Stipulation and Settlement Agreement shall be
enforceable by any party and their successors and/or assigns.
b. If any party or other person or entity bound by this Stipulation and Settlement
Agreement shall institute any motion, action or proceeding in a court of
competent jurisdiction to enforce the terms and conditions of this Stipulation and
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CASE#: 2012-57449 10/04/2016 ORDER Image: 10 of 20
Settlement Agreement based upon the alleged default of any other party or person
or entity bound by this Stipulation and Settlement Agreement, upon the decision,
order or judgment of the court determined on the merits, the party prevailing in
such action or proceeding shall be entitled to recover, and the non-prevailing
party or parties shall pay to the prevailing party, the costs, expenses and
disbursements, including reasonable attorneys' fees, incurred by the prevailing
party.
c. This Stipulation and Settlement Agreement is being executed by Plaintiffs and
Defendants freely and voluntarily and not by reason of representations and
inducements of any other party.
7. Applicable Law:
This Stipulation and Settlement Agreement shall be interpreted and controlled by the
laws of the State of New York.
8. Modification and Waiver:
This Stipulation contains the entire understanding between the parties, each of whom
acknowledges that there have been and are no representations, warranties, covenants or
undertakings other than those expressly set forth herein. No modification, cancellation, or
waiver of any of the terms of the Stipulation shall be valid unless put in writing, signed and
acknowledged by all parties. No waiver of any breach or default of a term of this Stipulation
shall be deemed a waiver of any breach or default of the same or similar nature. This Stipulation
and Settlement Agreement may not be changed orally.
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9. Who is Bound:
In addition to the parties themselves, this Stipulation and Settlement Agreement shall be
binding upon and inure to the benefit of the heirs, successors, and assigns of the parties to this
Stipulation and Settlement Agreement.
10. Mutual General Releases:
As soon as is practicable after the execution of this Stipulation and Settlement Agreement
and the same having been So Ordered by the Court, the parties agree to exchange mutual
general releases.
11. Stipulation of Discontinuance:
Upon this Stipulation and Settlement Agreement being So Ordered and upon the exchange of
mutual general releases among the parties, the parties' attorneys shall execute a Stipulation of
Discontinuance, discontinuing the action with prejudice, and the same shall be filed in the
Warren County Clerk's office and a copy provided to the Court in accordance with the Civil
Practice Laws and Rules.
A. It is the intention of the parties that the Supreme Court, Warren County retain
jurisdiction over this action for the future enforcement of this Stipulation and
Settlement Agreement. It is further the intention of the parties that the filing and
docketing of this Stipulation and Settlement Agreement will not discontinue or
terminate this action and-the action will remain on the calendar until such time that
the Stipulation of Discontinuance is filed.
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12. Counterparts:
This Agreement may be executed simultaneously in two or more counterparts, each of
which shall be deemed an original, and all of which, when taken together, constitute one
and the same document. The signature of any party to any counterpart shall be deemed a
signature to,and may be appended to,any other counterpart.
IN WITNESS WHEREOF, the Parties have executed this Stipulation and Settlement
Agreement as of August 2016.
1
Russell A.Hilliard
Mary C.Hilliar
E. Tyrer
Kimberly L. yon
ura B. er
Davi .Cerny
Kathy C
12
CASE#: 2012-57449 10/04/2016 ORDER Image: 13 of 20
David D er
Lisa Doster
Glens F Its National Bank an st Company
By:
SO ORDERED:
on.Rob J.M ller, S.C.
ated: t?e ,2016
Lake George,New York
ENTER
y
13
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CASE#: 2012-57449 10/04/2016 ORDER Image: 14 of 20
STATE OF NEW YORK )
SS..
COUNTY OF WARREN )
On the_-day of a in the year 2016 before me,the undersigned, a Notary
Public in and for said State,peffonally appeared Russell A.Hilliard,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 he p on upon behalf of which the
individual acted,executed this instrument.
Notary Public
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COUNTY OF WARREN )
On the day of &4GrQ--. in the year 2016 before me, the undersigned, a Notary
Public in and for said State, sonally appeared Mary C. Hilliard, 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 she executed the same in her capacity,and
that by her signature on the instrument, the individual, the rson upon behalf of which the
individual acted,executed this instrument.
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CASE#: 2012-57449 10/04/2016 ORDER Image: 15 of 20
STATE OF NEW YORK )
SS..
COUNTY OF WARREN )
On the 31 day of a in the year 2016 before me,the undersigned,a Notary
Public in and for said State, ersonally appeared Suzanne Tyrer, 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 she executed the same in her capacity,and
that by her signature on the instrument, the individual, pe on upon behalf of which the
individual acted,executed this instrument.
.,
Notary Public ♦��•,..•�;oT� RO�`•,
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STATE OF NEW YORK ) ;y•:, 03/041i 0»•
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COUNTY OF )
On the 31 day of ud- in the year 2016 before me,the undersigned, a Notary
Public in and for said State,peiKonally appeared Kimberly L. Lyon,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 she executed the same in her capacity,and
that by her signature on the instrument, the individual, or th person upon behalf of which the
individual acted,executed this instrument.
Notary Public `jc,NAEL C"!"
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STATE OF NEW YORK ) %���s.;o�'1IoiP ',�
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COUNTY OF ,� ���N E W
On the L day of��,sejZ in the year 2016 before me,the undersigned,a Notary
Public in and for said State, personally appeared Laura B. Tyrer, 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 she executed the same in her capacity,and
that by her signature on the instrument, the individual, or th person upon behalf of which the
individual acted,executed this instrument.
Nota '�
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CASE#: 2012-57449 10/04/2016 ORDER Image: 16 of 20
STATE OF NEW YORK )
)SS.:
COUNTY OF WARREN )
On the 23 day of in the year 2016 before me, the undersigned, a Notary
Public in and for said State, rsonally appeared David Cemy, 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, r th person upon behalf of which the
individual acted,executed this instrument.
Notary Public
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No 02CR0270075
SAPAT�EO IN
2 N} COMM.Exp,
STATE OF NEW YORK ) : A 4 0310+/2017 / sc
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COUNTY OF WARREN ) "IOF N+E's++
On the 013 day of /q+t k in the year 2016 before me, the undersigned, a Notary
Public in and for said State, ersonally appeared Kathy Cerny, 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 she executed the same in her capacity,and
that by her signature on the instrument, the individual, the p son upon behalf of which the
individual acted,executed this instrument.
Notary Public
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16
CASE#: 2012-57449 10/04/2016 ORDER Image: 17 of 20
STATE OF NEW YORK )
}SS.:
COUNTY OF
On the t Cf day of AiAAi&sf —in the year 2016 before me, the undersigned, a Notary
Public in and for said State, personally appeared David Doster, 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 t same in his capacity as
Supervisor for the Town of Galway, and that by his si atum on t i t!Tent, the individual,
or the person upon behalf of which the individual acte , xecut'd t e ' rument.
KolPublic
MARK E.CERASANO
Notary Public,State of New York
Saratoga County,Reg.02CE4941739
STATE OF NEW YORK ) My Commission Expires Aug.2S.2041
) SS.:
COUNTY OF WAtZREP )
On the J�day of A u wi+ in the year 2016 before me, the undersigned, a Notary
Public in and for said State,personally appeared Lisa Doster,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 she executed the s e in her capacity, and that
by her signature on the instrument, the individual, r the pers pon behalf of which the
individual acted,executed this instrument.
Nly Public
MARK E.CERASANO
Notary Public,State of New York
Saratoga County,Reg.02CE4941739
My Commission Expires Aug.29,20LL
17
CASE#: 2012-57449 10/04/2016 ORDER Image: 18 of 20
STATE OF NEW YORK )
,A/ ) SS.:
COUNTY OF WA.r►rCh )
On the/�ay ofsa�',h'tbe in the year 16 before , the undersigned, a Notary
Public in and for said State, personally appeared C& JL(.��/Y� _, personally
known to me or proved to me on the basis of satisfacto4 evidence to be the individual whose
name is subscribed to the within ffistiWent and a knowledged to me that she/he executed the
same in her/his capacity as V lr� pfP S idegj for the Glens Falls National Bank
and Trust Company, and that by her/his signature on the instrument,the individual,or the person
upon behalf of which the individual acted, executed the instrument.
Im"I"liml 1.�-Iu-qlk—
Not Public
MELISSA D.LESCAULT
NOTARY PUBO 0-STAT OF,NEw YORK,
QUALIFIED IN SARATOGA COUNTY (6)
MY COMMISSION EXPIRES FEB 3,20
18
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RULES AND REGULATIONS
The following rules and regulations shall govern the use of the pedestrian right-of-way providing
access from Ash Drive to the shore of Glen Lake, the use of the Beach Area,and to use of the dock to
be constructed and installed by the Dosters (hereinafter collectively referred to as the "Easement
Area").
1. Parking shall be prohibited on the Doster's property.
2. Alcohol,smoking, including smokeless cigarettes,and nudity are prohibited.
3. All persons utilizing the Easement Area shall behave in a civil manner.No loud or foul
language or loud noise will be permitted.
4. Except for headphones,ear buds and similar devises,amplified radio,music devices and
musical instruments are not permitted.
5. Drones are prohibited.
6. Swimming by the Plaintiffs and those authorized to use the Easement Area is at the users'own
risk.
7. No equipment nor any items of personal property belonging to the Plaintiffs or to their guests
and/or invitees may be stored or left on the Doster's property or on the Easement Area at any
time.
8. Feeding ducks, fish or wildlife from the Easement Area is prohibited.
9. No pets allowed on the Easement Area except that an owner or owner(s)may be permitted to
use the pedestrian right-of-way to bring his or her duly licensed and registered dog to their
boat(s)provided such dog is leashed and provided that any dog waste is promptly and properly
disposed of.
10. Launching of boats and/or water crag of any kind from the Doster's property or Easement Area
is prohibited.
1 l. The dock shall be used for activities related to docking a boat and launching a boat from the
dock,including securing the vessel,applying covers,cleaning the vessel and other routine
maintenance activities. Fishing or exterior boat washing from on or around the dock will not
be permitted. Boats berthed at the dock shall not be used for sunbathing or other similar beach
area activities.
12. No boat required to be registered shall be berthed at the dock unless the boat has a current
registration sticker affixed thereto.
"Schedule A"
CASE#: 2012-57449 10/04/2016 ORDER Image: 20 of 20
13. No mechanical boat lifts or extensions shall be permitted.
14. No mooring or tying of additional boats, floats,innertubes or other water devises to the boats
berthed at the dock shall be permitted.
15. Use of the Beach Area for swimming shall be permitted during daylight hours only between
10:00 am and 7:00 pm.
16. No removal of vegetative buffers outside of the Easement Area.
17. Use of fertilizer,pesticides or other toxic materials is prohibited.
18. Use of BBQ,gas stoves, fireworks or other flammable devises on and within the Easement
Area is prohibited.
19. The Easement Area shall not be utilized for any commercial purpose,including lease,rental or
charter for profit.
20. Other than for the property owners and members of their immediate family over the age of 18,
use of the Easement Area by all others must be accompanied by a property owner.
21. No portable sewerage devise or sewerage disposal shall be permitted within the Easement Area.