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Cerny Deed WARREN COUNTY PAMELA J. VOGEL, COUNTY CLERK COUNTY CLERK Lake George, NY 1284&CUME14TO 00004878 VOLUME: 2933 PAGE= 227 60 2006 00004878 Instrument Number: 2006-00004878 As Recorded On: May 17,2006 Deed Parties: POGONOWSKI WILLIAM D To CERNY DAVID P Billable Pages: 4 Recorded By: WILLIAM NIKAS Num Of Pages: 5 Comment: `* Examined and Charged as Follows: *" Deed 18.00 Cover Page 5.00 Cultural Education 15.00 RP-5217 Resid/Agric 75.00 State Education 5.00 TP-584 5.00 Recording Charge: 123.00 Consideration Amount Amount RS#ICS# Transfer Tax 1,940.00 485,000.00 TT 2994 Basic 0.00 Special Additional 0.00 Additional 0.00 Transfer 1,940.00 Tax Charge: 1,940.00 RECORDED County Clerks Office Mu 17r21306 01:15P Pamela J. Vosel Warren Counts Clerk THIS PAGE IS PART OF THE INSTRUMENT** I hereby certify that the within and foregoing was recorded in the Clerk's Office For: WARREN COUNTY, NY File Information: Record and Return To: Document Number: 2006-00004878 WILLIAM NIKAS Receipt Number: 353 116 OAK STREET Recorded Date/Time: May 17, 2006 01:15:56P HUDSON FALLS NY 12839 Book-Vol/Pg: Bk-RP VI-2933 Pg-227 Cashier/Station: T Riddell / Cash Station 1 D©GUMENTO 00004878 228 VOLUME= 2933 PAGE WARRANTY DEED WITH LIEN COVENANT DATE OF DEED: May 11, 2006 GRANTOR: WILLIAM D. POGONOWSKI andY WENDY M. POGONOWSKI v" k\ 38 Birch Road �� o Lake George,New York 12845 GRANTEE: DAVID P. CERNY and KATHY A. CERNY 766 Ridge Road Queensbury,New York 12845 as TenaA.t5 THIS WARRANTY DEED made between Grantor and Grantee on the deed date stated above WITNESSES THAT GRANTOR in consideration of -------------------------------------------One Dollar($1.00)----------------------------------------- lawful money of the United States and other good and valuable consideration,paid by Grantee, DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and his assigns forever all that property located at: 38 Birch Road Town of Queensbury County of Warren State of New York TAX MAP 4: 289.13-1-35 (THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE "A" ATTACHED) THiS GRANT IS MADE: TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. DOCUMENT' 00004878 SCHEDULE "A"VOLUME: 2933 PAGE: 229 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 a point in the approxi- mate center of Birch Road, which point marks the north- easterly corner of those premises heretofore conveyed by Roy Tonnesen and Jeanne Tonnesen to David R. McGowan and Marianne McGowan, by deed dated December 22, 1995, and recorded in the Warren County Clerk's Office on December 27, 1995, Book 966, Page 305, and thence running from said paint of beginning North 010 51 ' 40" East, 118.54 feet to a point; thence North 01° 19' 20" West, 103.98 feet to a point; thence North 070 11' 30" West, 68.76 feet to a point; said last three courses and distances running through the appro- ximate center of Birch Drive; thence North 470 50' 20" West, 78.08 feet to a point in the easterly boundary of lands now or formerly of Gary Cardinale and Barbara Cardinale; thence running southerly along the boundary of the lands now or formerly of Cardinale, South 410 26 ' 50" West, 450.51 feet to a point in the easterly boundary of lands now or formerly of the County of Warren; thence running southerly on a curve to the right with a radius of 851.23 feet, a distance of 80. 50 feet to a point; thence North 79' 42 ' 30" East, 350 feet to the point or place of beginning, estimated to contain 1. 92 acres of lands be the same more or less. SUBJECT to the rights of the public in and to those portions of the above described premises which may exist within the boundaries of Birch Road. The premises described herein are more particularly shown on a map entitled "Map of a Proposed Subdivision of Lands of Roy & Jeanne Tonnesen", Town of Queensbury, Warren County, New York, made by Coulter &McCormack, Licensed Land Surveyors of Glens Falls, New York, dated November 26, 1989, and last revised on January 30, 1990, which map was filed in the Warren County Clerk' s Office on July 16, 1990 in Plat Cabinet A, Slide 1-155. TOGETHER with an easement and right-of-way from Ash Drive southerly across the lands now or formerly of Charles and Marion Ledford to the shore of Glen Lake as shown on a map of the Greenburger subdivision, filed in the Warren County Clerk' s Office on January 30, 1913. This right-cf- way is granted in common with others, including the grantors herein, to the waters of Glen Lake for the purpose of utilizing the existing or future beach located upon said premises for swimming purposes and to dock one boat at the existing or future dock, or docks extending into the waters of Glen Lake from said premises. This right-of-way is intended for use by the grantees, their heirs, successors, and assigns, for personal enjoyment and not for commercial purposes, and is appurtenant to the premises conveyed hereunder. DOCUMENT� 00004878 VOLUME= 2933 RAGE 230 SUBJECT TO and together with all enforceable easements, grants, covenants, conditions and restrictions of record. BEING the same premises conveyed to William D. Pogonowski and Wendy M. Pogonowski by deed of Roy Tonnessen and Jeanne Tonnessen dated April 28, 1998 and recorded in the Warren County Clerk' s Office on April 30, 1998 in Liber 1063 of Deeds at page 39. DOCUMENT 00 004878 VOLUME: 2933 WAGE: 231 TO HAVE AND TO HOLD the premises granted by this Warranty Deed unto the Grantee and his assigns forever. AND THE GRANTOR COVENANTS as follows: FIRST: That Grantee shall QUIETLY ENJOY said premises; SECOND: That Grantor will forever WARRANT the title to said premises; THIRD: That this conveyance is made subject to the trust fund provisions of section thirteen of the lien law. If there are more than one Grantor or Grantee,the words "Grantor" and "Grantee" used in this deed includes them. IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRANTY DEED on the deed date stated above. IN PRESENCE OF WILLIAM D. POGONOWSKI WENDY M. OG OWSKI STATE OF NEW YORK ) ss.: COLTNTY OF OA(V?eX ) On the h day of May in the year 2006, before me, the undersigned, a Notary Public in and for said State,personally appeared WILLIAM D. POGONOWSKI and WENDY M. POGONOWSKI,personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument,the individuals, or the person upon behalf of which the individuals acted, e ecuted the Inst ent. EDWARD RREM Notary Public,StSte Of Newyork No. #018R8073254 Qualified in waw �urAy Notary Public commission ExP