3.08 3.8
WASTEWATERTasement and Dedication of Sewer Main—RAN Saunders Property Development—11-20-17
RESOLUTION ACCEPTING DEDICATION OF SANITARY SEWER FORCE
MAIN AND RIGHT OF WAY & EASEMENT FROM
RAN SAUNDERS PROPERTY DEVELOPMENT, LLC
RESOLUTION NO. ,2017
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, RAN Saunders Property Development, LLC (Saunders) constructed a 4"
diameter pressure sanitary sewer main which connects to the Town of Queensbury's gravity sewer
main in front of Stewart's Shops on the corner of Corinth and Big Bay Roads to serve the Sky Zone
Trampoline Park on Corinth Road (sewer main), such infrastructure to become part of the Carey
Road Sanitary Sewer District, and
WHEREAS, Nace Engineering, P.C. has inspected such sewer main and has certified that it
has been constructed and completed in conformance with approved site plans for the project, and
WHEREAS, Saunders now wishes to dedicate such sewer main to the Town and convey and
assign to the Town of Queensbury all rights to his Right of Way and Easement (Easement) dated
December 15, 2016 between Stewart's Shops Corp. and Saunders, a copy of which is presented at this
meeting, regarding the pressure sewer easement for the sole purpose of connecting a sewer line to the
Town's existing sewer line, and
WHEREAS, the Town Board wishes to accept dedication of such sewer main and the transfer
of the Easement,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes its acceptance of dedication
of the 4" diameter pressure sanitary sewer force main from RAN Saunders Property Development,
LLC (Saunders) as delineated in the preambles of this Resolution, such infrastructure to become part
of the Carey Road Sanitary Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and accepts the Right of Way and
Easement (Easement) from Saunders regarding the pressure sewer easement in form acceptable to the
Town Supervisor, Town Wastewater Director and/or Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Wastewater Director and/or Town Counsel to prepare and execute all documents and take all actions
necessary to effectuate the terms of this Resolution.
Duly adopted this 20ffi day of November, 2017,by the following vote:
AYES
NOES
ABSENT:
TIMOTHY J. ALDEN
Attorney and Counselor at Law
1677 State Route 9
South Glens Falls, New York 12803
Email: timothvl(Pnvcap.rr.com
Service by Fax or Email not accepted
Phone: (518) 792-6360
Fax: (518) 792-6390
June 9, 2017
Chris Harrington
Town of Queensbury Water Dept.
823 Corinth Road
Queensbury, NY 12804
RE: RAN Saunders Property Development, LLC
Assignment of Right of Way & Easement
Dear Chris;
This letter is a follow-up to our previous telephone communication relative to the
above-mentioned matter. I represent Rusty Saunders and RAN Saunders Property
Development, LLC. Mr. Saunders has requested that I provide you with a letter
indicating that upon completion of the sewer line, and certification by Nace Engineering
P.C., all rights to the right of way and easement previously granted to RAN Saunders
Property Development, LLC, will be conveyed to the Town of Queensbury.
I have enclosed a copy of the signed Right of Way & Easement dated December
15, 2016, between Stewart's Shops Corp. and RAN Saunders Property Development,
LLC. Please note that under paragraph 6 of the Easement, it was contemplated by all
parties to this document that ultimately the rights of RAN Saunders Property
Development, LLC, would be conveyed to the Town of Queensbury.
Based upon that conversation with Mr. Saunders, as soon as the Town of
Queensbury is ready to have the rights under the Easement and Richt of Way assigned
to them, my client will be willing to comply. If you require anything further please do not
hesitate to contact me. Thanking you, I remain.
Sincerely yours,
TIMOTHY J..A DEN
TJA/Ip
Enc.
i
c: Rusty Saunders
RIGHT OF WAY& EASEMENT
THIS INDENTURE made the 15 day of December, 2016, by and between
STEWART'S SHOPS CORP., with offices located at 2907 Route 9, Ballston Spa, New York
12020, hereinafter referred to as the "Grantor", and RAN SAUNDERS PROPERTY
DEVELOPMENT, LLC, with offices located at 168 Reynolds Road, Fort Edward, New York
12828, hereinafter referred to as the "Grantee",
WITNESSETH :
SUBJECT to and upon receipt of one and 00/100 dollars ($1.00) and such other terms
and conditions hereinafter in this Indenture set forth, Grantor does hereby grant, quitclaim and
release to Grantee, its successors, assigns, employees, servants and agents, for field
investigations and service excavations, to construct, lay and maintain thereafter a pressure
sanitary sewer and water lines and all necessary appurtenances with the right of ingress and
egress for any and all purposes connected with the construction of said pipelines and
appurtenances, the maintenance, use, operation, repair, reconstruction, patrolling and inspection
thereof, including the removal of growing crops, trees and shrubs therefrom, and the right to
bring upon the said right-of-way such equipment as may be necessary to do any and all acts
deemed necessary to dig a trench, install such pipelines in and over all that tract or strip of land
designated as right-of-way and easement, without covenant or warranty of any kind, express or
implied, upon property owned by Grantor and known as 221 Corinth Road, Queensbury, Warren
County, New York, said right-of-way and easement being more particularly described as running
along the southern bounds of Corinth Road, also being the northern boundary of property owned
by Grantor, and extending 20 feet into the Grantor's property and running from the western
boundary of said Grantor's property easterly to the eastern boundary of said property also being
the westerly boundary of Big Bay Road, the location of said easement is further shown on the
annexed document from Van Dusen and Steves Land Surveyors and Nace Engineering P.C.,
and entitled "Sky Zone Trampoline Park".
GRANT SUBORDINATE TO PRIOR RIGHTS
1. The rights described above are given and accepted subject to any and all outstanding
leases, tenancy, easements, licenses or tenures, and/or claims of title effecting Grantors said
lands, or any portions thereof; and subject also to any and all encumbrances, liens, conditions,
restrictions and/or reservations under which Grantors hold the same.
COMPACTION OF EXCAVATION
2. Grantee shall provide a suitable amount of cover over any underground facilities
installed by Grantee pursuant thereto; such cover shall be compacted so as to be capable of
withstanding any pedestrian or other traffic.
PRESERVATION OF DRAINAGE
3. Grantee shall restore existing grades and contours so that there will not be a collecting
or pooling of runoff waters or surface waters upon the premises resulting from the installation,
construction, maintenance and operation of the pressure sewer.
SOIL RESTORATION
4. All earth or soil disturbed by the construction, operation, maintenance, repair,
reconstruction, and/or removal of said leach fields of Grantee shall be properly backfilled and the
surface thereof restored to its former condition to the extent reasonably possible by Grantee at
its sole cost and expense.
STANDARD CONSTRUCTION
5. The pressure sewer constructed and installed shall be in compliance with all state and
town regulations concerning the construction of the pressure sewer. Grantee shall, at all times
after constructing said facilities maintain it in good repair and in a safe condition. Grantee
furthermore shall be responsible for all costs associated with the construction of the pressure
sewer, and further asserts that the pressure sewer will be constructed in accordance with
standard construction practices.
RIGHT TO ASSIGN
6. It is expressly agreed by and between the parties hereto that the pressure sewer
easement granted by Grantor, across Grantor's property is for the sole purpose of connecting a
sewer line to the municipality's existing sewer line, owned and maintained by the Town of
Queensbury, Warren County, New York. Upon completion of the sewer line across the
easement, by the Grantee, and upon inspection and approval by the municipality, this easement
shall be assigned to the Town of Queensbury, Warren County, New York, by the Grantee.
REPAIR AND MAINTENANCE
7. The Grantor, his or her heirs, grantees, successors and assigns shall not undertake
any construction on the foregoing right-of-way or strip of land upon which such easement is
herein granted which in any way will interfere with complete access by the Grantee and it's
agents, servants and employees, to the pipelines to be constructed herein for any of the
purposes above set forth, including access, repairs and maintenance; and said Grantee, its
successors and assigns, may remove from such right-of-way any obstruction which may
interfere with the laying, operating, access or maintenance of said pipelines. The Grantor may
improve its property and the area of the easement, including driveways, pavements, parking
area, shrubs, signs and/or other construction to the extent permissible by law, ordinances,
regulations or restrictions then in existence as long as the improvement does not conflict with the
pipelines or restrict Grantees ability to maintain and/or repair the pipelines. Any such
improvements shall be submitted to the Grantee, its successors and assigns for review and
approval prior to Grantor carrying out such improvements. In the event that the Grantee, its
successors and assigns, shall find it necessary in the future to excavate on the said premises for
the purpose of repairing and maintaining the said pipelines, the Grantee or its successors shall
restore any lawns, shrubs and pavements which are removed by them for the purpose of making
such repairs or providing such maintenance to said pipelines.
IMPAIRMENT
8. Grantors shall not allow or participate in any activities which would sever, destroy, or
impair the pressure sewer installed as a result of this easement.
In Witness Whereof, the parties of the first part have hereunto set their hands and seals
the day and year first above written.
In Presence of
STEWART SHOPS CORP.
11—/ 1 lf'l -r1 /_, L.S.
IFE L. HOWARD,
BY:4OPER MANAGER
GRANTOR
RAN SAUNDERS PROPERTY DEVELOPMENT, LLC
BY: :y — -Ua-^- _ L.S.
RUSTY SAUNDERS, MEMBER
GRANTEE
STATE OF NEW YORK )
:SS:
COUNTY OF ``�' )
On this I.` )` 'day of December , 2016, before me, the undersigned, Jennifer L.
Howard, Property Manager of Stewart Shops Corp. , 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/she executed the same in he/she capacity, and that
by his/her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
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QTAIRY PUBLIC
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STATE OF NEW YORK ) ccr,,..,1 tri ;:�t� __f. ;JLPy
:SS:
COUNTY OF SARATOGA )
On this1
/. day of December , 2016, before me, the undersigned, Rusty
Saunders, Member of RAN Saunders Property Development. LLC, personally known to me
or proved to me on the basis of satisfactory evidence to be the individuals 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 instrumen .1
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- —
NOTARY PUBLIC
LISA E. HARRINGTON
Notary Public,State of New York
Warren Co.#01 HA6206041 ,
Commission Expires June 8,20 L
ry
NACE`x` ENGTNEERIN , PC.
169 Haviland Road, Queensbury,NY 12804
Phone-518-745-4400 Fax -518-792-8511
June 8,2017
Job#47609
Mr. Chris Harrington
Town of Queensbury Water Dept.
823 Corinth Road
Queensbury,NY 12804
Re: Sky Zone Trampoline Park
Corinth Road
Dear Chris:
This is to verify that I made periodic observations of the water and sewer connections for the
referent project including the 4" diameter pressure sewer main which connects to the Town's
gravity sewer main in front of Stewart's on the corner of Corinth and Big Bay Road. Based on
those observations. I believe that these utilities have been constructed in conformance with our
approved site plans for this project.
Enclosed are 3 sets of As-Built Plans SP-1 Se: SP-6 for your files.
Please call me if you have any questions.
Sincerely,
Thomas Nace, PE