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Application BURY OW , S742 Bay ,Road, Queeoisbuty, NY', 1,2804-5902, r o 1' uvernbe;r 1.6,2017 Queensbury aware,LL. 9�09 State Route Queensbury,NY 12804 4 Re: 5,460 sf Retail Building 909 Stats Rout Tax Map Parcel: 17-1-3 8 Dear Queensbury Square L;L : l em writing you ,with regards to my review ofthe above-referenced Project and to document the recent conversations between your agent,Tom Hutchins and Laura Moore of my office. As l understand your project,you swish to construct an approximately 5,460 sf building consisting of approximately 6 individual tenant spaces. l have reviewed your concept plans and find that an Area Variance is needed. 'Specifically, Area Varimice relief'is needed as. the proposed building dues not meet the rninirnum setbacks requirements of the Commercial Intensive (CI),district.. PleaGsee note our established submittal deadlines and our pre-submission meeting requirernents when you are preparing the necessary applications. Should you have:any questions or cuiunments regarding your application, please do not hesitate to contact this office. Sincere[ N Craig Brown Zoning Administrator lash Cc: Tom Hut loins, LAC'raig BrownUO 11[,citers0emial r uaccnsbury Squme LLQ: 11_1417 da o " onje of Naturasl Ben utyP1ra.re to Lavas " 9'auk � �.�. I ..... µ, F y I F . viii. GT1115 �od voryl y. :.. + y pmaldu=Mead=Iva!S ,.. ,,,,,,. ammiSumozN ao'u-ai d Possaippod slams a(i jug ojwkaU MIS � jdWO:)UJD1 Aq apWA assqa 'Iulpuiqiqno PO4-Ad -MON 301 �r®��wq� � " .� w a Joi w ,. y [91 1 z :pmosddw vgzl OOU'Br exv Ahhh, 169 Haviland Road Queensbury, NY 12804 Hutchins Engineering Phone: (518)745-0307 Fax: (518)745-0308 November 15, 2017 Town of Queensbury Planning Board & Zoning Board of Appeals 742 Bay Road Queensbury NY 12804 Re: Site Plan Modification - Queensbury Square, LLC 909 State Rt. 9 - Monty's Discount Wine & Liquor New 42'x130' Building Tax Map ID: 296.17-1-38 Dear Chairmen Traver and Jackoski & Board Members: This office along with Tim Shuler, Esq. represents Queensbury Square, LLC, managing member Monty Liu with respect to the construction of a new 42'x130' Morton Building with 6 retail units over the rear portion of the parcel which contains Monty's Discount Wine & Liquors. As you may recall in 2010, Area Variances and Site Plan Approval was received from the boards for the conversion of the previous Flower Drum Song into the Monty's Discount Wine & Liquors business. For this project, Area Variance relief is being sought for the front setback along Weeks Road, to allow the rear of the new building to be situated 32-ft from the northerly property line. Situating the building in this location will allow the storefronts to face south towards Wal Mart, with the parking also on the southside, inline with the parking/drive aisle that serves the liquor store. The building can be placed in a compliant location, with the parking on the northside, however this would create an undesirable appearance for the building and poor visibility for the businesses by having the rear of the building facing the large Wal Mart complex. In addition, a permeability variance would need to be granted, given the extra drive aisles that would be needed to construct the parking on the north side. Enlosed please find 15 sets of submission packages for each of the boards. We respectfully request that this item be placed upon the agendas of the boards at the December meetings. Please contact me if you have any questions or if you require additional information. Best Regards, Lucas W. Dobie, P.E. Enclosures Cc: Monty Liu Tim Shuler, Esq - MFC, LLP Area Variance [ZBAapproved: September 2120161 Town of Queensbury Area Variance Application REVIEW PROCESS' 1) Required Pre-Submission meeting with staff to determine general completeness of application materials to be held no later than I week prior to deadline day. Call(518)761-8238 or(518)761-8265 for an appointment. 2) 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. 3) Incom lete appiications will not be considered for placement on any agenda until all m issi np,information has been su lied. 4) Submittal to the Warren County Planning Board,if applicable. 5) Zoning Board meetings,generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 6) 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 plans/drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DoctiMENTS TO BE SUBMITTED:(HARD COPY&ELECTRONIC) 1 original and 14 conies of the completed application package to include: Completed A lication: pages 1-9 completed,signed&dated Pre-Submission Meeting Notes: signed by staff Denial Letter: from the Zoning Administrator Survey: Current Survey: survey map depicting current conditions—sign,stamped,date by surveyor Proposed Conditions Map: The proposed conditions map must be based on a current survey and may by prepared by Surveyor,Professional Engineer(Civil)or a Registered Architect. Area/Sign Applications: must provide a final as-built survey depicting all site conditions and improvements Survey Waiver: Applicant may request a waiver from the survey pre and post requirements. Cony of Deed Fee: $50 residential;$100 commercial ZONING STAFF&CONTACT INFORMATION: Craig Brown,Zoning Administrator craipb@gueensbu[y.net Laura Moore,Land Use Planner lmoore@gueensbury.net Sue Hemingway,Office Specialist sueh�a7_,gueensbury.net (518)761-8238 Visit our website at www.queensbury.net for further information and forms. Page 00 Area Variance [ZBA approved: September 21 2016] General Information Tax Parcel ID Number: 296.17-1-38 Zoning District: HC-INT Detailed Description of Project [include current&proposed use]: Current Use: Commercial-Montv's Discount Wine&Liquor Proposed Use: Commercial-Monty's Discount Wine&Liquor and New 6-Unit Retail Building Location of Project: 909 State Route 9 Applicant Name: Queensbury Square LLC Mailing Address 909 State Route 9 Home Phone City, State, Zip Queensbury NY 12804 Work Phone Cell Phone (518)361-1853 E-Mail: FAX No. Agent's Name: Hutchins Engineering& Mailing Address 169 Haviland Road Home Phone Tim Shuler,Esq.-MFC,LLP City, State,Zip Queensbury NY 12804 Work Phone (518)745-0307 Cell Phone E-mail LWDobit @hutchinsen ineerin com FAX No. g� g• (518)745-0308 Owner's Name Mailing Address Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Page 1 Area Variance [ZBAapproved: September 212016] Site Development Data Area/Type Existing sq. ft. Proposed Total sq.ft. Additions .ft. A. Building footprint 7,000 5,460 12,460 B. Detached Garage 0 0 0 C. Accessory Structure(s) 0 0 0 D. Paved,gravel or other hard surfaced area 19,900 9,310 29,210 E. Porches/Decks 1,600 0 1,600 F. Other 0 0 0 G. Total Non-Permeable [Add A-F] 28,500 14,470 43,270 H. Parcel Area [43,560 sq. ft./acre] 61,873 0 61,873 I. Percentage of Impermeable Area of Site [I=G/H] 46.1% 23.8% 69.9% Setback Re uirements Area Required Existing Proposed � Front Yard [1] 75'(Rt.9-Tray.Corridor) 27.62' 201.6'(Prop Bldg) Front Yard[2] 1.97' 32.00' 50'(Weeks Rd) (Existing Bldg to Remain) (Proposed Bldg-A V Req'd ) Shoreline Side Yard [1] Side Yard [2] Rear Yard [1] 25' 225.14' 44.7'(Prop Bldg) Rear Yard [2] 25' 64.99' 76.3'(Prop Bldg) Travel Corridor Height [maximum] 40' 25' 2S'+/- Permeability 5'+/- Permeability 30% 53.9% 30.1% Number of parking spaces 27 24(a/v recv'd for liq.store) 27 Page 2 Area Variance [ZBAapproved: September 2120161 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? No 2. If the parcel has previous approvals,list application number(s): AV 59-2010/SP 8-2015/SP 70-2010 3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? —Yes/ i(No 4. Estimated project duration: Start Date: 5pr 201B End Date: Fall 2018 5. Estimated total cost of project: $500,000 6. Total area of land disturbance for project: 32,000 SF 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/Commercial CM/Cl 0.3 Intensive 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. Parcel Area 61,873 sq. ft. Existing Floor Area 8600 sq. ft. see above definition Proposed Additional Floor Area 5460 sq. ft. Proposed Total Floor Area 14,060 sq: ft. Total Allowable Floor Area 18,562 Area x 0.3 see above table Page 3 Area Variance [ZBA approved: September 21 2016] Compliance with Zoning Ordinance Requesting relief from SECTION: 179-3-040 Need relief from the requirement(s)listed below which can not be met by the project as proposed. [Check all that apply] Q Setback ❑ Buffer Zone ❑Lot Width ❑Other The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby property will be created by the granting of this area variance? A5 the currynt sitei5 am6 sta highlyv i n r' not effect the character of the neighborhood or nearby properties. By having the front of the building face south the storefronts visibility and traffic flow will be kept near the existing neighboring commercial business. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance? The ld in liant manner, in so would r variance f r insufficient permeability and may increase traffic flow to Weeks Road which connects to Route 9 at an unsi naled intersection. By granth%the variance and keeping the storefronts facing south,traffic can be redirected to the traffic light that currently serves Wal-Mart. 3. Whether the requested area variance is substantial? The area variance request of 36%of relief from the required 50'setback the reguested area variance is moderately substantial. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? The propDja variancp. v n adv ri act on the physical or envoronmental cond i ' qnN in the neighborhood or district. The promect site has been mostly cleared and new stormwater management will be provided,along with new landscaping for the project. 5. Whether the alleged difficulty was self-created? AN Jh15 v r t optiQU but not the only apfianA=n to the applicant.the difficulty considered self-created,although alternate layout options do include alternate variance requests. I Page 4 Area Variance [ZBA approved: September 21 2016] Section 179-14-030—Application materials Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)—a survey showing existing conditions,a proposed conditions map(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General Shown on Sheet# 1 Title,Name,Address of applicant&person res onsible for preparation of drawing ALL 2 Deed ATTACHED 3 North arrow, Tax Map ID,date prepared and scale minimum: 1 inch=40 feet ALL 4 Boundaries of the property plotted to scale,zoning boundary S1 5 Principal structures,accessory structures with exterior dimensions ARCH 6 Site improvements incl. outdoor storage areas, driveways,parking areas,etc.: existing& ro osed Sl,S2 7 Setbacks for all structures and improvements: existing&proposed S1,S2 8 Elevations and floor plans of all proposed and affected structures ARCH B. Water&Sewer Shown on Sheet# 1 Project sewage disposal facilities,design details, construction details,flow rates, and number of bedrooms roposed S2 2 Water supply [i.e.well] &septic on adjoining lots with separation distances to existing or proposed on-site water su I and septic 52 3 Separation distances for proposed sewage disposal system to well and water bodies NONE 4 Existing public or private water supply [well, lake,etc.]. Method of securing public or private water, location,designand construction of water supply includingdailywater usage 52 5 Percolation test location and results S2 C. Parkin /Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing& proposed S2 2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing S2 material [e.g., ravel,paved] 3 Provision for pedestrian and handicap access and parking: existin &proposed S1,S2 4 Design details of ingress,a ress, loading areas and cutting: existin &proposed S1,S2 5 Location and character of green areas [existing and proposed],modification to green area,buffer zone to remain undisturbed S1,S2 6 Lighting, location and design of all existing and proposed outdoor lighting S5 D. Additional Site Devel❑ ment and Miscellaneous Shown on Sheet# 1 On-site&adjacent watercourses,streams,rivers,lake and wetlands NONE 2 Utility/energy distributions stein as,electric,solar,telephone]: existing&_ ro osed S1,S2 3 Location, design and construction details of all existing and proposed site improvements including: drains,culverts,retainingwalls,fences, fire&emergency zones and hydrants,etc. S1,S2 4 Square footage of bldg. area proposed for office,manufacturing,retail sales or other commercial S1,S2 activities: existin &proposed 5 Signage: Location,size,type,desi2 and setback: existin &proposed S1,S2 6 Waiver Request: provide letter with application requesting any waivers: please reference specific items NONE 7 Commercial/Industrial Development requires submission of Landscaping, Stormwater Maria ement,Gradin &Lighting Plans ATTACHED 8 Identification of Federal, State or County permits required for the project together with a record of a lication for all necessary permits " Page 5 Area Variance [ZBAapproved: September 212016] Pre-Submission Conference Form/Section 179-9-040 1. Applicant Name: Queensbury Square LLC 2. Tax Map ID 296.17-1-38 Location: 909 State Route 9 3. Zoning Classification—UG4NT'C T i 4. Reason for Review: ��� —i�Q �' n ��1 V(1 5. Zoning Section#: 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed General Information complete Site Development Data Complete ✓ Setback Requirements Complete Additional Project Information Complete FAR addressed Compliance with Zoning Ordinance ✓ Checklist items addressed 7 Environmental Form completed Signature Page completed " ti r �`C Srf rn 'eCkS41Li' J St- Cc"ILLVpo. rd an /-Y7 c-(�� or c(e-f 1 S L)c .I Staff Representative: ,. C(L) Applicant/Agent: Date: ( I �- Page 6 Area Variance [ZBAapproved: September 212016] This page includes the 1.)Authorization to Act as Agent Form: 2.)Engineering Fee Disclosure;3.) Authorization for Site Visits; 4.) Other Permit Responsibilities;5.)Official Meeting Disclosure and 6.)Agreement to provide documentation required. OWNER'S AGENT FORM: Complete the following if the OWNER of the property is not the same as the applicant: Owner: Designates: as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.: Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Queensbury Square LLC Designates: Hutclhlns Engineering 7015WAIWas Agent regarding the following: Variance ✓ Site Plan 5u ivisio For Tax Map No.:296.17-1-38 ededReference; Book5582 Page 198 Date 6/20/17 OWNER SIGNATURE: ` `7 DATE: �I 2.) ENGINEERING FEE DISC SURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed$ 1,000 without notification to the applicant. 3. AUTHORIZATION FOR SITE VISITS: By signing this page and submitting the application materials attached herein, the Owner,Applicant,and his/her/their agent(s)hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.) Q'I'll ER PERMIT RESPONSIBILITIES: Other permits may be required for construction or alteration activity subsequent to approval by the Zoning Board or Planning Board. It is the applicant's responsibility to obtain any additional permits. 5. OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application,and minutes transcribed from those tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned,have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities shall be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials are a true and complete f statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built survey by a licensed land�suror of all newly constructed facilities prior to issuance of a certificate of occupancy I have . ignature Print Name[Applicant] Date si ne l . / ) �� �naturc Agent] Print Name[Agent] Date signed Page 7 WARREN COUNTY-STATE OF NEW YORK psi s PAMELA J.VOGEL, COUNTY CLERK 1 1340 STATE ROUTE 9, LAKE GEORGE,NEW YORK 12845 a�+reau� COUNTY CLERK'S RECORDING PAGE **'THIS PAGE IS PART OF THE DOCUMENT-DO NOT DETACH*** Recording: Cover Page 5.00 Recording Fee 40.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records .Management - Stat 4.75 Additional Names 2.00 BOOK/PAGE: 5582 / 198 TP584 5.00 INSTRUMENT #: 2017-4414 RP5217 - County 9.00 RP5217 All others - state 241.00 Receipt#: 2017437094 Clerk: VS sub Total : 322.00 Rec Date: 06/29/2017 03: 51:22 PM Doc Grp: RP Transfer TAX Descrip: DEED Transfer Tax - State 4600.00 NumPgs: 5 _ c Red Frm: MCPHILLIPS • FITZGERALD & CULLUM Sub Total : 4600.00 LLP Partyl: LING HIP YAU Total : 4922.00 Party2 : QUEENSBURY SQUARE LLC * NOTICE: THIS IS NOT A BILL *** Town: QUEENSBURY * ** Transfer Tax *** Transfer Tax #: 2605 Commercial Transfer Tax consideration: 1150000.00 Transfer Tax - State 4600.00 Total : 4600.00 l i WARNING*** I hereby certify that the within and foregoing was recorded in the Warren County Clerk's Office, Record and Return To: State of New York. This sheet constitutes the Clerks endorsement required by Section 316 of the Real Property Law TIMOTHY SHULER ESQ of the State of New York. 288 GLEN STREET Pamela I Vogel GLENS FALLS NY 12801 Warren County Clerk c3ee WARRANTY DEED WITH LIEN COVENANT 00o dTHIS INDENTURE made as of the28 day of June,2017 between Hip Yau Ling(anundivided 19% interest),residing at 80 Farr Lane,Queensbury,NY 12804,Bernadette Fung Sin Ling(an undivided 11 and �0 V2%interest),residing at 24 Stafford Crossing,Slingerlands,NY 12159, Fung Mei Ellis a/k/a Fung Mei Ling (an undivided 27% interest),residing at 54 Sunnyside North, Queensbury,NY 12804, Sam Hap Wah Ling (an undivided 27% interest), residing at 4 Midnight Drive, Queensbury, NY 12804, and Paul Ling (an undivided 15 and !/2%interest),residing at 6 Reginald Drive, Queensbury,NY 12804, parties of the first part,and Queensbury Square LLC,a New York limited liability company,-with an address of 6 Manor Drive, Ste E, Queensbury,New York 12804,party of the second part. WITNESSETH,that the parties of the first part,in consideration of One Dollar($1.00)lawful money ofthe United States and other good and valuable consideration paidbe party o f the second part,do hereby grant and release unto the party of the second part,its successors andlor assigns forever, THE AFORESAID UNDIVIDED INTERESTS IN ALL THAT PROPERTY LOCATED IN THE TOWN OF QUEENSBURY,WARREN COUNTY,NEW YORK AS MORE FULLY DESCRIBED IN SCHEDULE"A"ATTACHED HERETO. TOGETHER WITH and SUBJECT TO covenants,restrictions and easements of record. Together with the same undivided interest in all right,title and interest,if any,of the parties of the first part in and to any streets and roads abutting the above-described premises,to the centerline thereof. Together with the appurtenances and all the estate and rights of the parties of the first part in and to said undivided interests. To have and to hold the premises herein granted unto the party of the second part,its successors and/or assigns forever. And said parties of the first part covenant as follows: 1 First,that the parties of the second part shall quietly enjoy the said premises; Second,that said parties of the first part will forever warrant the title to said premises. Subject to the trust fund provisions of Section Thirteen of the Lien Law. IN WITNESS WHEREOF,the parties of the first part have duly executed this deed as of the day and year first above written Hip 'A'u 3ng Bernadette Fung Sin Lin Fungi Ellis a/k/a Fung Mei Ling Sam Hap WO Ling Paul Ling STATE OF NEW YORK ) ss: COUNTY OF WARREN ) On the 20-A day of June in the year 2017 before me,the undersigned,personally appeared Hip Yau Ling,Bernadette Fung Sin Ling,Fung Mei Ling,Sam Hap Wah Ling and Paul Ling,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 persons upon behalf of which the individuals acted, executed the instrument. Notary I' lic 490417 JONATHAN C.LAPPER Notary Public,State of New l'a'ck No.02LA49 141 Qual fled In Warren Coun Commission Expires March O.Wo L9 2 l y SCHEDULE"A" ALL THAT CERTAIN PIECE OR PARCEL OF LAND located in the Town of Queensbury,Warren County, N.Y.,on the westerly side of the highway leading from Glens Falls to Lake George,to wit,the lots designed on a map entitled"James P.McCarthy"Estate dated October 11, 1930,and filed in the Warren County Clerk's office on the 2°d day of November,1930,made by Meyer,Bowers&Ashley,and designated thereon in large black numerals,"4"and "5"and the north half of the lot designated No. 1,and more particularly described as follows: Beginning at an iron pin on the westerly side of the Lake George-Glens Falls State Highway,at a point forming the southeasterly corner of lands of William F.Jones,as shown on said map;running thence along the westerly side of said highway South 3 degrees 29'East 57.5 feet to an iron pin; thence continuing along said highway South 43 minutes East 200.75 feet to an iron pin marking the southeasterly corner of Lot No.4 on the aforesaid map,also being the northeasterly corner of Lot No. (1); running thence North 82 degrees 58'West 140 feet to an iron pin located on the easterly line of the lot designated 1 in large black numerals;thence continuing on the same course through Lot No. 1, approximately 176.36 feet to an iron pin on the westerly line of said Lot No. 1; thence on the same course approximately 100 feet to an iron pin marking the southwesterly corner of Lot No. 4 on said map;thence North 4 degrees 15'East 200 feet to an iron pin set in the ground in the line of a wire fence which marks the southerly line of Montray Heights,and is the northwest corner of Lot No.4;thence South 82 degrees 51'East 227.23 feet to an iron pipe marking the southeasterly corner of Lot No.(150)of William F.Jones on said map;thence running northeasterly 77 degrees 50'East 170.79 feet to the place of beginning. Subject, however,to the easements and rights of use contained in the deeds of Emily P.DeLong and others to James P.McCarthy,of ingress and egress to that parcel of land marked"DeLong"on the map herein referred to: Also, subject to a right of way along the northerly line of Lot 4 shown on said map of said property herein known as Pines Avenue,contained in a deed from Leo P.McCarthy to James P.McCarthy and wife. Also the right of the party of the first part,its successors and assigns,to use the above right of way to reach lot numbered 2 in large numerals,on the map hereinafter referred to. Further,being subject to the easements,covenants and conditions contained in the following deeds to which reference is hereby had for a more complete description of the above premises from which the party of the first part received its title; and being the premises numbered in large numerals 1, 3, 4 and 5 on a map of lands of James P. McCarthy Estate,made by Meyer,Bowers and Ashley,dated October 11, 1930; 1. Leo P.McCarthy to James McCarthy and Mary McCarthy,dated July 1, 1920 and recorded in Warren County Clerk's Office September 8, 1921, in Book 149 at page 400; 2. William C. Tripler and Clara L. Tripler to James P. McCarthy, dated July 30, 1923, recorded in Warren County Clerk's Office July 31, 1923, in Book 157 of Deeds at page 220; 3. Emily P.Delong and Ors. To James P. McCarthy and wife, by deed dated December 1, 1920 and recorded in Warren County Clerk's Office September 26, 1930 in Book 184 of Deeds at page 396; 4. William F.Jones and wife to James P.McCarthy,dated September 13, 1926,and recorded in Warren County Clerk's Office November 18, 1926, in Book 170 of Deeds at Page 417. EXCEPTING AND RESERVING those premises appropriated by the State of New York by Notice of Appropriation dated February 4,1969 and recorded in the Warren County Clerk's Office on February 27, 1969 in Book 3 Ak 505 of Deeds at Pages 181 and 189. SUBJECT to an Easement granted to New York Telephone Company by deed dated April 3,1970 and recorded April 21, 1970 in the Warren County Clerk's Office in Book 520 at Page 413. Being the same premises conveyed by: 1)Abraham George to Yuet Hon Ling and So Ying Ling by deed dated December 18, 1986 and recorded in the Warren County Clerk's Office on December 19, 1986 in Book 688 of Deeds at page 392;2)Yuet Hon Ling and So Ying Ling to Hip Yau Ling,undivided 3%interest,Bernadette Fung Sin Ling,1 %z%interest,Fung Mei Ellis undivided 3%interest,Sam Hap Wah Ling,undivided 3%interest,&Paul Ling,undivided 1 %z%interest dated December 29,2006 and recorded December 29,2006 in Book 3154 page 198; 3)Yuet Hon Ling and So Ying Ling to Hip Yau Ling,undivided 3%interest,Bernadette Fung Sin Ling, 1 '`/z%interest,Fung Mei Ellis, undivided 3%interest, Sam Hap Wah Ling,undivided 3% interest, &Paul Ling,undivided 1 %%dated January 10, 2007 and recorded January 23,2007 in Book 3174 page 161;4)Yuet Hon Ling and So Ying Ling to Hip Yau Ling,an undivided 3%interest,Bernadette Fung Sin Ling,l '/2%interest,Fung Mei Ellis,undivided 3%interest,Sam Hap Wah Ling,undivided 3%interest,&Paul Ling,undivided 1 '/2%interest,dated May 27,2010 and recorded June 1,2010 in Book 4023 page 184;5)Yuet Hon Ling and So Ying Ling to Hip Yau Ling,undivided 2%interest,Bernadette Fung Sin Ling, 1% interest, Fung Mei Ellis, undivided 2% interest, Sam Hap Wah Ling, undivided 2% & Paul Ling, undivided 1 %interest,dated January 1,2011 and recorded March 11,2011 in Book 4215 page 295;6)Yuet Hon Ling and So Ying Ling to blip Yau Ling, undivided 2% interest,Bernadette Fung Sin Ling, 1% interest, Fung Mei Ellis, undivided 2% interest, Sam Hap Wah Ling,undivided 2%interest&Paul Ling,undivided 1%interest dated January 1,2012 and recorded April 18,2012 in Book 4470 Page 123; 7)Yuet Hon Ling and So Ying Ling to Hip Yau Ling, undivided 2%interest,Bernadette Fung Sin Ling, 1%interest,Fung Mei Ellis,undivided 2%interest,Sam Hap Wah Ling,undivided 2%interest&Paul Ling,undivided 1%interest dated January 1,2013 and recorded June 14,2013 in Book 4784 Page 143; 8)Yuet Hon Ling and So Ying Ling to Hip Yau Ling, undivided 2%interest,Bernadette Fung Sin Ling,undivided 2%interest,Fung Mei Ellis,undivided 2%interest,John Ellis,undivided 2%interest, Sam Hap Wah Ling, undivided 2% interest, Catherine F. Ling, undivided 2% interest, Paul Ling,undivided 2% interest and Dawn M.Ling,undivided 2%interest dated May 1,2014 and recorded June 10,2014 in Book 4991 page 264;9)John Ellis,Catherine F.Ling and Dawn M.Ling to Fung Mei Ellis,2%undivided interest, Sam Hap Wah Ling,undivided 2%interest and Paul Ling,undivided 2%interest dated May 12,2014 and recorded June 10,2014 in Book 4991 Page 268; 10)Yuet Hon Ling and So Ying Ling to Bernadette Fung Sin Ling, undivided 2% interest, Fung Mei Ellis, undivided 2%interest,John Ellis,undivided 2%interest,Sam Hap Wah Ling,undivided 2%interest,Catherine F.Ling, undivided 2%interest,Paul Ling,undivided 2%interest&Dawn M.Ling,undivided 2%interest,dated April 7,2015 and recorded May 15,2015 in Book 5156 page 315; 11)John Ellis,Catherine F.Ling and Dawn M.Ling to Fung Mei Ellis,undivided 2%interest,Sam Hap Wah Ling,undivided 2%interest&Paul Ling,undivided 2%interest dated May 7,2015 and recorded May 15,2015 in Book 5156 of Deeds at Page 319; 12)Yeut 1lon Ling A/K./A John Yuet Hon Ling,and So Ying Ling,A/K/A Mary So Ying Ling to rung Mei Ling,A/K/A Fung Mei Ellis,undivided 2%interest; John Ellis,undivided 2%interest,Sam Hap Wah Ling,undivided 2%interest,Catherine F.Ling,undivided 2%interest and Hip Yau Ling,undivided 2%interest,dated April 12,2017 and recorded May 9,2017 in Book 5555 of Deeds at Page 29; 13)John Ellis and Catherine F.Ling to Fung Mei Ling,A/K/A Fung Mei Ellis,undivided 2% interest and Sam Hap Wah Ling,undivided 2%interest,dated April 14,2017 and recorded May 9,2017 in Book 5555 at Page 33. 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