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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. l\r C3N C')------,-,— ‘t\e"\Ce,q•-:....--, -1 QTAIRY PUBLIC .,.I.l.'1 .... •- ric 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 �.j(,1 (C `�/l Cc-t�c:c.,r1 9-C-i - — 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