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2.8 2.8 ROAD DEDICATIONS\John Clendon Road—Joe Leuci—Cash Escrow-2-26-18 RESOLUTION ACCEPTING DEDICATION OF JOHN CLENDON ROAD IN JOHN CLENDON HIDDEN ESTATES SUBDIVISION RESOLUTION NO. ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, John Clendon Hidden Estates, LLC (Developer) has offered a deed to the Town of Queensbury to dedicate John Clendon Road in the John Clendon Hidden Estates Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen& Steves, Land Surveyors, dated January 03, 2018, and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the Developer: 1) completing the top soil and hydroseed by April 30th, 2018; and 2) entering into an Escrow Account with the Town in the amount of$25,000 to ensure the Developer's completion of the top coat of the black-top within two (2)years of the date of acceptance or by February 26th, 2018; and if applicable, all drainage easements being in place, and WHEREAS, the Developer has informed the Town that he has no objection to providing the Town with a $25,000 cash escrow and entering into an Escrow Agreement to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements, and WHEREAS, the Town Water Superintendent has indicated that an inspection has been made of the water mains and appurtenances installed in the John Clendon Hidden Estates Subdivision and the installation has been made in accordance with the requirements of the Town Water/Wastewater Department, with the Developer to be responsible for the installation's repair and maintenance for one year from the date of Town Board approval of the road dedication or through February 26t'', 2018, and WHEREAS, the Town's Director of Planning, Zoning and Code Compliance has confirmed that he has inspected John Clendon Road and it was found to be in general compliance with the requirements of his office, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of John Clendon Drive in the John Clendon Hidden Estates Subdivision contingent upon: 1. The Town Highway Superintendent confirming that street and/or stop signs have been installed; 2. The Developer completing the top soil and hydroseed by April 30", 2018; 3. The Developer providing the Town with a $25,000 cash escrow and entering into an Escrow Agreement to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements; and 4. All documentation related to such dedication being in form acceptable to Town Counsel; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any and all documents necessary to complete the transaction including all real property forms and the Escrow Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Developer to record the 2 deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: John Clendon Road Road Number: Description: Beginning at the existent John Clendon Road and continuing in an easterly direction a distance of 1,485±' and .0 hundredths of a mile and ending at a cul- de-sac. Feet: 1,485±' and .0 hundredths of a mile Duly adopted this 26ffi day of February, 2018,by the following vote: AYES : ABSENT: NOES 3 7o�u^/Cht.o,/:� _ l] noa, R. VxnNn+ }|ighnx! |!.:>.",! �vp,, ,�,n.im� �� . Depart went -- � '��~` �o|'^2u 7+2Bay Road Vm`xSinu,y. N\ //*,� Phone: (5u; 71;1',2/ 1 F^` (�/^) 7u-1vs ^ (' px`N )�uoU ` 'x�� ~ Deputy |h;kv,>So|n,im,m|mt 76+4,21" To: Queensbury Town Board From: Thomas Van Ness Date: February 13, 2018 Re: Acceptance of John Clendon Road I have inspected John Clendon road. At this point and time, the Top soil and Hydroseed need to be completed by April 30, 2018. To the best of my knowledge it meets the specifications set forth by the Town of Queensbury Highway Department. I hereby recommend its acceptance. Respectfully, Thomas Van Ness Highway Superintendent Queen sbury Highway Department . , Town til\/^,^,6,/7 Th^mu, R.YnuNr,, Bicbvx, /, I ay superintendent Department / /2 7 0.,"/,bo,!, NY I Pitonv (x/*) Tv/-xu/ I Fax. (sIS) 7� Dal. Duel] �-146t; 4C> ' • Deputy Uigiivo!Superintendent ,'./^. z/',�u` To: Bob Hafner, Pam Hunsinger&John Strough From: Thomas Van Ness Date: February 13,2018 Re: Top Coat for John Clendon Road I have measured John Clendon road and recommend an escrow account in the amount of$25,000.00 thousand dollars is needed to be set up for the Top Coat to be completed. Respectfully, /441_ Thomas Van Ness ,-~ ^_— ThonoasVanNess Highway Superintendent Queensbury Highway Department AGREEMENTS\ESCROW AGREEMENT—John Clendon Road—2-26-18 ESCROW AGREEMENT AGREEMENT, made as of the 26th day of February, 2018, between the TOWN OF QUEENSBURY, County of Warren, State of New York (hereinafter referred to as the "TOWN,") a municipal corporation having its principal place of business at 742 Bay Road, Queensbury, New York 12804 and JOHN CLENDON HIDDEN ESTATES, LLC, Federal EIN No.: and located at 9 Mountainside Drive, Queensbury, New York 12804 (hereinafter referred to as the "DEVELOPER"). WITNESSETH: WHEREAS, by Town Board Resolution No.: ,2018 (attached hereto as Exhibit A), the Town authorized dedication of John Clendon Road ("Road") in the John Clendon Hidden Estates Subdivision, to the Town of Queensbury contingent upon the DEVELOPER providing the Town with cash escrow in the amount of$25,000 to ensure completion of the top coat of the Road within the next two (2) years, and WHEREAS, the TOWN and DEVELOPER wish to enter into an Escrow Agreement to provide for the $25,000 in escrow funds, and WHEREAS, the DEVELOPER agrees to pay for the top coat in the manner set forth in this Agreement, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS HEREIN CONTAINED, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. DEVELOPER agrees to reimburse the TOWN for the cost of the top coat of the Road if DEVELOPER does not complete such top coat within the next two (2) years or by February 26th 2020, without further approval of the TOWN BOARD and DEVELOPER. 2. A. For the purpose of such reimbursement, DEVELOPER shall deliver an initial amount of $25,000 to the Town Budget Officer as Escrow Agent to be held in escrow in a separate interest-bearing account ("Escrow Account") opened in the name of the TOWN with the Town of Queensbury having sole signatory authority on the account. B. The Escrow Agent shall establish the interest bearing account as described above and deposit the funds in the account. 3. The Escrow Agent shall release monies in the escrow account in accordance with the 1 following procedure: A. DEVELOPER Timely Completes Top Coat. Upon receipt of written confirmation from the Town Highway Superintendent that DEVELOPER has completed to the Highway Superintendent's satisfaction the top coat of the Road within the required time period, the Escrow Agent shall pay all amounts in the Escrow Account to DEVELOPER. In such case, this Agreement shall be deemed terminated. B. DEVELOPER Does Not Timely Complete Top Coat. Upon receipt of written confirmation from the Town Highway Superintendent that DEVELOPER has not completed to the Town Highway Superintendent's satisfaction the top coat of the Road or that such work has not been completed to the Town Highway Superintendent's satisfaction by February 26th, 2020, the Escrow Agent shall immediately deliver to the TOWN the entire amount in such Escrow Account. DEVELOPER acknowledges and agrees that, should it fail to complete such work to the satisfaction of the Town Highway Superintendent by the date indicated, the TOWN may use such funds (including interest) as the Town Highway Superintendent shall determine necessary to complete such work and may undertake to complete such work either by contract or Town Law or force account, at such time as the Town shall deem appropriate. DEVELOPER further agrees that it shall be liable and obligated for any costs for such work incurred by the TOWN that should exceed the amount on deposit. If such costs are less than the deposited amount, the TOWN shall return the balance of the Escrow Account to DEVELOPER. 4. The terms and conditions set forth in paragraph 3 set forth all duties and responsibilities of the Escrow Agent in connection with the release of funds from the Escrow Account and in the event that the Escrow Agent complies with the terms of paragraph 3, the Escrow Agent's duties and responsibilities under this Agreement shall be deemed complete. 5. Any funds together with interest remaining in the escrow account upon termination of this Agreement shall be returned within thirty (30) days of such termination by the Escrow Agent to the DEVELOPER. 6. The terms of this Agreement shall not create any right in any person, firm, corporation, or entity other than the parties of this Agreement and their respective successors and permitted assigns and no third party shall have the right to enforce or benefit from these terms. 7. It is agreed by the parties to this Agreement that no representations are made by the TOWN that completion of the top coat will be equal to or cost less than $21,712. In the event that the cost of the top coat is over $25,000 or the top coat is unacceptable to the TOWN, the TOWN and Escrow Agent shall bear no responsibility or liability. 8. This Agreement contains the full "understandings of the parties. If any clause or paragraph in this Agreement is declared illegal or unenforceable by a Court of Law then the remainder of 2 the Agreement shall be read as if such illegal or unenforceable clause or paragraph has been omitted. TOWN OF QUEENSBURY JOHN CLENDON HIDDEN ESTATES, LLC By: BY: JOHN F. STROUGH, JOSEPH LEUCI SUPERVISOR STATE OF NEW YORK) ss.: COUNTY OF WARREN) On this day of , in the year 2018 before me, the undersigned, a notary public in and for said state, personally appeared JOHN F. STROUGH, 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 the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK) ss.: COUNTY OF WARREN) On this day of , in the year 2018 before me, the undersigned, a notary public in and for said state, personally appeared JOSEPH LEUCI 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 the person upon behalf of which the individual acted, executed the instrument. Notary Public 3 EXHIBIT A RESOLUTION ACCEPTING DEDICATION OF JOHN CLENDON ROAD IN JOHN CLENDON HIDDEN ESTATES SUBDIVISION RESOLUTION NO.: ,2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, John Clendon Hidden Estates, LLC (Developer) has offered a deed to the Town of Queensbury to dedicate John Clendon Road in the John Clendon Hidden Estates Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen& Steves, Land Surveyors, dated January 03, 2018,and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the Developer: 1) completing the top soil and hydroseed by April 30th, 2018; and 2) entering into an Escrow Account with the Town in the amount of$25,000 to ensure the Developer's completion of the top coat of the black-top within two (2) years of the date of acceptance or by February 26th, 2018; and if applicable, all drainage easements being in place, and WHEREAS, the Developer has informed the Town that he has no objection to providing the Town with a $25,000 cash escrow and entering into an Escrow Agreement to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements, and WHEREAS, the Town Water Superintendent has indicated that an inspection has been made of the water mains and appurtenances installed in the John Clendon Hidden Estates Subdivision and the installation has been made in accordance with the requirements of the Town Water/Wastewater Department, with the Developer to be responsible for the installation's repair and maintenance for one year from the date of Town Board approval of the road dedication or through February 26th, 2018, and WHEREAS,the Town's Director of Planning, Zoning and Code Compliance has confirmed that he has inspected John Clendon Road and it was found to be in general compliance with the requirements of his office, NOW, THEREFORE, BE IT RESOLVED, that-the Queensbury Town Board hereby accepts and approves the dedication of John Clendon Drive in the John Clendon Hidden Estates Subdivision contingent upon: 4 • f 1. The Town Highway Superintendent confirming that street and/or stop signs have been installed; 2. The Developer completing the top soil and hydroseed by April 30th, 2018; 3. The Developer providing the Town with a $25,000 cash escrow and entering into an Escrow Agreement to ensure placement of the top coat on the road consistent with the Town Highway Superintendent's requirements; and 4. All documentation related to such dedication being in form acceptable to Town Counsel; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any and all documents necessary to complete the transaction including all real property forms and the Escrow Agreement substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Developer to record the deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and maintained in the Queensbury Town Clerk's Office, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: John Clendon Road Road Number: Description: Beginning at the existent John Clendon Road and continuing in an easterly direction a distance of 1,485±' and .0 hundredths of a mile and ending at a cul-de-sac. Feet: 1,485±' and .0 hundredths of a mile Duly adopted this 26th day of February, 2018, by the following vote: AYES : NOES : ABSENT: 5 I Lands of Scott & Norma Sorger 3732143 I I N04'01'47 - 0"W — im` 50.86' O Lands of Mark McCurry And Deborah Pruyn 1367/233 LOT 5 o - 425.00' N82°00'10'E LOT 6 LOT 7 LOT 8 LOT 9 LOT 20 MAP REFERENCE: 1. "LEUCI - JOHN CLENDON ROAD SUBDIVISION" BY: VAN DUSEN & STEVES LAND SURVEYORS AND NACE ENGINNERING, P.C. DATE: MARCH 15, 2016 LAST REVISED: JUNE 12, 2017 FILED: JULY 12, 2017 PLAT D-13 INSTRUMENT NO. 2017-3000063 LEGEND: UTILITY POLE = FIRE HYDRANT L 164.a� LOT 19 LOT 12 LOT 11 LOT 10 I HEREBY CERTIFY THAT THIS MAP WAS PREPARED FROM AN ACTUAL FIELD SURVEY. THIS CERTIFICATION SHALL RUN ONLY TO THE PERSONS FOR WHOM THE SURVEY WAS PREPARED, AND ON THEIR BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. CERTIFIED TO: THE TOWN OF QUEENSBURY CHICAGO TITLE INSURANCE COMPANY -5A 8 s3. CERTIFIED B .dYS 50135 DATED: JANUARY 0j �T a o o u, co o l VL � C4 � b � � o � Iti y � � 0 ) a c-. C o o o u, co VL � ° Iti z W ) a z b '7b 0 0 Z Z C\)I M z x 0 0 o � Date- January 03, 2018 Scale 1'-50' S-1 SHEET 1 OF 1 DWG. NO. 09-094