Application TOWN OF QUEENSBURY
742 Buy Road, Queeoisbriry, NY. 12804-5902
May 22, 2018
Monsour Enterprises, LLC
41 Revere Road
Queensbury, NY 12804
Re: 3-Lot Subdivision
0 Luzernic load
Tax Map No. 308-12-2.-77
Dear Monsour Enterprises, LLC-
1 am writing yoti with regards to my review of the above-referenced project.
As I understand, you are proposing subdivision of a 4.71 acre parcel into 3 lots; each to be 1.57
acres. Area Variance relief is required from the 2-acre minimum lot Size requirement for the new
lots created in the MDR zoning district. In addition,relief is needed from the minimum lot width
requirement for a collector road (Luzerne Road) for Lot 1. Subdivision review is also required
by the Planning Board.
This letter serves as yolar denial letter for the processing of your applications.
Should you have any quta tians or comments regarding your application, please do not hesitate to
contact this office.
incer 1y,
Craig Brown
Zoning Administrator
CBIsh
Ca: Michael J. O'Connor,Esq.
LAC'raig BrownU018 LcitcrslDcnial Monsour Ent 5_22_38-doc
" Nonce of Natural Beauty --. A Good FlacL to Live "
LITTLE, 09CONNOR & BORIE, P.C.
NINETEEN WEST NOTRE DAME STREET-P.O.BOX 898
GLENS FALLS,NEW YORK 12801-0898
MICHAEL J.O'CONNOR TELEPHONE(518)792-2113
BRIAN C.BORIE FACSIMLE(518)792-6972
FAX SERVICE NOT ACCEPTED
J.DAVID LITTLE,RETIRED
ELIZABETH E.LITTLE,OF COUNSEL
May 15, 2018
Planning Board Zoning Board of Appeals
Town of Queensbury Town of Queensbury
742 Bay Road 742 Bay Road
Queensbury,New York 12804 Queensbury,New York 12804
Re: Monsour Enterprises,LLC—3 Lot Residential Subdivision
0 Luzerne Road, Queensbury (Tax Map #:308.12-2-77)
Ladies and Gentlemen:
We represent Monsour Enterprises, LLC for the above project.
We enclosure, for your consideration, the following:
1.) Area Variance Application (Original & 14 copies);
2.) Check, in the amount of $50.00, as payment of the application fee for
same;
3.) Current Deed into Seller, Harold D. Nash III(15 copies);
4.) Residential Real Estate Contract(15 copies);
5.) Area Tax Map;
6.) Subdivision Review Application — Preliminary Stage (Original & 14
copies);
7.) Check, in the amount of $50.00, as payment of the application fee for
same;
8.) Aerial Photo of Area (15 copies);
9.) Proposed Subdivision Map (15 copies);
10.) Final Stage Subdivision Application (15 copies);
11.) Check, in the amount of $250.00, as payment of the application fee for
same;
12.) Proposed Subdivision Map (15 copies); and
13.) Electronic PDF Copy of Entire Application Package on CD.
Lots 2 and 3 will have a shared driveway, meaning that there is no requirement for a lot
width variance for those lots. Lot I does require a lot width variance, having frontage of 114.92
ft., as opposed to the required 200 ft.
WEB SITE:www.locblaw.com
EMAIL: mjoconnor@locblaw.com
Planning Board
Zoning Board of Appeals
Town of Queensbury
Re: Monsour Enterprises, LLC—3 Lot Residential Subdivision
0 Luzerne Road, Queensbury (Tax Map#: 308.12-2-77)
May 15, 2018
Page 2 of 2
As to the Subdivision Application, we request a waiver from the Sketch Plan Application,
Clearing Plan, Grading & Erosion Control Plan, and Stormwater Management Plan (no new
road).
Yours Very Truly,
LITTLE, O'CONNOR& BORIE, P.C.
By: Michael J. O'Connor
MJOC/kml
Enclosures
CC: Monsour Enterprises, LLC
Area Variance [ZBAapproved. Sepmnbcr21 20161
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) Incomplete applications will not be considered for lacement on any agenda until all missing information has been supplied.
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.
DOcumFNIS TO BE SUBINIr1-17E):(HARI)COPi'&ELECTRONIC)
I original and 14 copies of the completed application package to include:
Completed Application: 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.
A,;-ea/Sign Applications: must provide a final as-built survey depicting all site conditions and
improvements
Survey Waiver: Applicant may request a waiver froth the survey pre and post requirements.
Cony of Deed
Fee: $50 residential;5100 commercial
ZONING s"rAFF&CONrAc,r INFORMATION:
Craig Brown,Zoning Administrator craipb@,gtieensbtirv.net
Laura Moore,Land Use Planner lmoore@queensbury.net
Sue Hemingway, Office Specialist sueh@queensbury.net (518)761-823$
Visit our website at w4vuV.9ueea1sh0rynet Icer further infiorumtion and florins.
Page 00
Area Variance IZIMapprond Septcmber21 20161
General lnforination
'T'ax Parcel ID Number: 308.12-2-77
Zoning District: MDR
Detailed Description of Project [include current& proposed usel:
Current Use: vacant Land
Proposed Use: Single-Family Residential Lots - --- --
Location of Project: 0 I,Ozerne Road
Applicaart Name: Mailing Address 41 Revere Road
Monsour Enterprises, LLC
lJoine Phone City,Mate,;dip
Queensbury, NY 12801
Work Phone Cell Phone
(518) 461.1713
E=Mail: 'FAX No:
lave rx gociEcom
Agent's Name: Mailing,Address
Michael J. O'Connor PO Box 898
Home Phone City, State,Lip
Glens Falls, New York 12801
+Iorl.1'hone 51.8 792-872$ Cell Phone
(518) 796-8822
E-mail FAX No..
rtrjoconnor(a7JocbIaNV.conI (518) 792-6972
Owner's Name Mailing Address
Harold D. Nash, III 96 Davis bill Road
lloiale Phone Tirnothy I Alden,Agent City, State,Zip
5tormville, NY 12582
Work.Phone Cell Phone
E-Mail FAX No.
Page 1
Area Variance (/..13A approved: September 21 20161
Site Development Data
Area f.Type Existing sq.ft. Proposed 'Total sq. ft.
Additions .ft.
A. Building footprint
B. Detached Garage
C. Accessory Structure(s)
D. Paved, gravel or other hard surfaced area
E. Parches/Decks
F. Other
G. "Total Non-Permeable [Add A-P]
14. Parcel Area [43,560 sq. ft./acre]
I. Percentage of Impermeable Area of Site [I=G/1-1]
Setback_Requirements
Area
Required Existing Proposed
Front Yard 1 I]
30' 30+'
Front Yard [2]
Shoreline
Side Yard [1] 25' 25+'
Side Yard [2]
251 25+'
Rear Yard [I]
30' 30+'
Rear Yard [2]
Travel Corridor_–.�.__ N/A __....-...._...—
Height [maximum]
Permeability
Number of parking spaces
Lot Width 100` 1041 to 127`
Road Frontage 100' 114.90'
Page z
Density 2 Acres 1.57 Acres
Area variance JZBAapprove& September2l 20161
Additional Proiect Information
1. Will the proposal require a Septic Variance h•om the Town Board of health? No
2. If the parcel has previous approvals, list application nurnber(s): None Known —
"a. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)1'errnit
Program? _'Yes/ X No
4. Estimated project duration: Start Date: June 2018 End Date: Artgust 2018
5. Estimated total cost of project: 54,500,(10 (Survey & 1,ega1 Costs)
6. Total area of land disturbance for project: None _
Floor Area Ratio Worksheet
FLOOR ARRA RATIO (FAR) -- The relationship of building size to lot size, derived by dividing the total building floor
area by the lot size in squa.?e feet, yielding a percentage.
Coning District Symbol Floor Area Ratio [FAR']
Waterfront Residential WR 0.22
Commercial Moderate I Commercial CM/Cl Q3
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 sura total of all floor areas of the principal and accessory buildings or structures
on the project site.
NOT APPLICABLE'
Parcel Area _�� ---. s_. ft. ..—. .._.__.
Existing; Floor Area sq_ ft. fsee above definition]
Proposed Additional Floor Area
_propea Total Floor Aria sq, ft,
Total Allowable Floor At-ea (Area x see above table
Page 3
E
t
Area Variance JZBA approved: Sepmnber 2!20161
Compliance with Zoning Ordinance
Requesting relief fro€n SECTION: 179-3-040 A(3) b 1 (a) -�—
Need relief fro€n the requir&ment(s) listed below which can not be met by the project as proposed.
[Check all that apply] ElSetback ❑ Buffer Zone ❑Lot Width XOther Lot Size 1.57 Ae. vs. 2 Ac.
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?
No-Many lots din neighborhood - smaller _.__---
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?
No
3. Whether the requested area variance is substantial?
No
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
No
5. Whether the alleged difficulty was self-created?
Yes
Page 4
Area variance IZ13Aaipproved- September 21 20161
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 snap(see page OQ for
specific criteria)and include any other attachments that address A-D as applicable to the proposed project.
A. General Shown on Sheet##
I Title,Name,Address of applicant& person responsible for preparation of drawing
2 Deed )[
3 North arrow, Tax Map.ID, date prepared and scale [minimum: I inch=40 feet I1
4 Boundaries of the property lotted to scale, roninp,boundary1
5 Principal structures, accessory structures with exterior dissensions N/A
6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing&
proposed N/A
7 Setbacks for all structures and improvements: existing&proposed
8 Elevations and floor plans of all proposed and affected structures N/A _
B: Water& Suver Shown on Sheet##
I Project sewage disposal facilities, design details, construction details, flow rates,and number of
bedrooms pr �.� _ _ N/A
2 Water supply [i.e. well] & septic on adjoining lots with separation distances to existing or
proposed on-site water Supply and septic 1
3 Separation distances for proposed.sewage disposal system to well and water bodies N/A i�
4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private c {.V r,L�
water, location, design and construction of water supply including daily water usage Town WaterlSeptic
5 Percolation test location and results
C. ` Parkin /Permeable Areas Shown on Sheet 1t
—
I Number of spaces required for project including calculations and justification: existing&
ro osed N/A
2 No. of existing parking spaces, number to be removed, number to maintain and type of surfacing
material 1'e.g.,gravel, paved].. N/A
3 Provision for pedestrian and handicap access and parking:..existing&proposed N/A
4 Design details of ingress,e gess, loadin, areas and cutting: existing&proposed N/A '
3
5 Location and character of green areas [existing and proposed], modification to green area, buffer
zone to retrain undisturbed N/A
6 Lighting, location and design of all existing and proposed outdoor fi htin
D. Additional Site Development and Miscellaneous Shown on Sheet##
I On-site&adjacent watercourses, streams,rivers, lake and wetlands Nona;
2 Utility/energ distributions stem [gas, electric,solar,telephone]. existing& ro osed Overhead Power
3 Location,design and construction details of all existing and proposed site improvements
including: drains, culverts,retaining walls, fences, fire&emergency zones and hydrants, etc. N/A
4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial
activities: existiM& ro osed N/A
5 __§�igrnage. Location,size, type, design and setback: existing&proposed __ NIA
6 Waiver Request: provide letter with application requesting any waivers: please reference
s ecific items Topographic Mapping
7 Commercial / Industrial Development requires submission of Landscaping, Stormwater
Management, Gradin- & Lighting,, Plans N/A
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessar permits None
Igagc 5
Area Variance JZBAapproved: 5eptemher21 20161
Pre-Submission Conference Form f Section 179-9-040
1. Applicant Name: Monsour Enterprises, LLC
2. Ta.Map Ill 308.12-2-77 Location: Luzerne Road
3. Zoning Classification MDR
4. Reason for Review: Lot Size Area Variance -3 Lot Subdivision
�,z L( L %C
5. Zoning Section #. 179-3-040 A (3) b 1 (a.) i
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 - 1•"
Compliance with Zoning Ordinance ��
Checklist items addressed _
Environmental Form completed
Signature Page completed
� x ,ctWN SCC t 1 f cC e
SCJ
Lo tit...%, k (U . `
ziz
_(A_
Staff Representati
d ti
Applicant/Agent. � � � Date:
Page 6
Arca Variance lZBAapprovedScpm-nber21 2f 16]
This page includes the 1.) Authorization to Act as Agent Form: Z.) Engineering I=ce Disclosure; 3.) Authorization for Site Visits; 4.)
Other Permit Responsibilities; 5.)Official Meeting Disclosure and 6.)Agreement to provide documentation required.
OWNER'`;AGENT Fount: Complete the following if the OWNER of the property is not the same as the applicant:
a
Owner: – M;iiU e€'LC Gt mu�.�t�iL-
Designates:_. r <) LAI Ah as Agent regarding the following:
Variance Site Plan_ Subdivisions
For Tax Map No. Deed Reference: 3ook Papea Date t5'
OWNER SIGNATURE: vjQ DATE: 1
APPL1CAN'r's A(;ENT I<ortvf: Complete the following if the APPLICANT is unable to attend the
meeting o€-wishes to be represented by another party:
Owner: hr`C LLC-.-
Designates: .�!± „ -�- as Agent regarding the following:
Variance__— Site Plan_ Subdivisions q
For Tax Map No.: , `� Deed Reference: Bookttj Page 114 Date Af' L`,'5
OWNER SIGNATURE: C�� --___ DATE:
2.)_ ENGINEERING FEE. DISCLOSURE: 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. Dees 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 oۥPlanning,Board and Town Staff to enter the subject
properties for the purpose of reviewing the application submitted.
4.) OTHER 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) IAL MEETING MINUTES DISCLOSURE: It is the practice of€he Community Development Department to have a
— -- -- ,ES
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: 1, 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
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, 1 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 surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy
1 have read and agree to the above.
i
_LL
Signature[Applicant] Print Name [Applicant] r Date signed
Signature [Agent] Print Name[Agent] Date signed
]'age 7
Short Environmental Assessment Forirn
Part I - Project Information
Instructions for Completing
Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of]'art 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency; attach;additional pages as necessary to supplement any item.
Part 1 -Project and Sponsor Information
MONSOUR ENTERPRISES, LLC
Name of Action or Project:
Subdivision -3 Lots
Project Location(describe, and attach a location;nap):
Luxerne Road
Brief Description of Proposed Action:
3 Lot Residential Subdivision -Each Lot will be 1.57 Acres
Lot Width - 1.04.20 ft.; 114.81 ft.; and 127.19 ft.
Name of Applicant or Sponsor: 'telephone: (518) 461-1713
MONSOUR ENTERPRISES, LLC E-Mail: dave�7a gocif com
Address:
41 Revere Road
CitylPO: State: lip Code:
Queensbury New York 12804
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that z
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2 Does the proposed action require a permit,approval or funding from any other governmental Agency? _ NO_�_ YES
-
If
If Yes, list agency(s)name and permit or approval:
Queensbury Zoning Board of Appeals & Planning Board
3.a.Total acreage of the site of the proposed action? _4.71 acres
b.Total acreage to be physically disturbed? 2.5+__/- acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 4.71 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial 0Residential (suburban)
❑Forest ❑Agriculture ❑Aquatic ❑other(specify):
❑Parkland
Page 1 of 3
5. Is the proposed action, NO YF,S N/A
a. A permitted use under the zoning regulations? ❑ ❑
b.Consistent with the adopted comprehensive plan? ❑ ❑ ❑
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? ❑
1 1711
7, Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes, FV] ❑
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO._._YDS
F4 El
b. Are public transportation service(s)available at or near the site of the proposed action? ® ❑
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
❑ ❑✓
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: —_ ❑ Z
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: _ Z ❑
12. a.Does the site coni-ain a structure that is listed on either the State or National Register of Historic NO YES
Places? Z ❑
b.Is the proposed action located in an archeological sensitive area?
IJ.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: v
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline 0 Forest ❑Agricultural/grasslands ❑Early mid-successional
❑ Wetland Q Urban m Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? z ❑
16. Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or 11011-p0int sources? NO YES
I f Yes,
a. Will storm water discharges flow to adjacent properties? V]NO []YES ❑ z
b.Will storm water discharges be directed to established conveyance systems(runoff and stone drains)?
If Yes,briefly describe: ❑NO [y]YES
Page 2 of 3
I$. Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond;waste lagoon,dam)?
If Yes,explain purpose and size:�_— � —_ ❑
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: ® ❑
20.Has the site of the proposed action or an adjoining property been the subject of rernediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe e—. Z El
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE MONSOUR ENTERPRISES, LLC
licant/s onsor at e: 13 David J. Moosour, Member 5/
Signature: /2018
PP P Date:
t
PRINT FORM Page 3 of 3
Agency Use Only[If applicable]
Project-
Date: __........_....._...�
Short Environmental Assessment Form
.Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in tart 2 using the information contained in tart t and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning — ❑. .—.
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land? ❑ _❑
3. Will the proposed action impair the character or quality of the existing community? ❑ ❑
4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑
establishment of a Critical Environmental Area(CIA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or FJaffect existing infrastructure for mass transit,biking or walkway? El
G. Will the proposed action cause an increase in the use of energy and it fails to incorporate Elreasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: __— ��W-__ ❑ _.._❑
a. public/private water supplies?
b. public/private wastewater treatment utilities? ❑ ❑
8- Will the proposed action impair the character or quality of important historic, archaeological, ...❑
architectural or aesthetic resources? _
9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands,
waterbodies,groundwater, air quality,flora and fauna)? ❑ ❑
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ El
I t- Will the proposed action create a hazard to environmental resources or human health? ❑ —
PRfNT FORM Page ] of2
Agency Use Only[If applicable]
Project:
Date. _.�.
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3, Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact Emay or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-
term,long-term and cumulative impacts.
E-1Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required,
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
Name of Lead Agency Date
Print or"Type Name of Responsible Officer in Dead Agency "Title of Responsible Officery
Signature of Responsible Officer in lead Agency Signaturc of Preparer(if different from Responsible Officer)
PRINT FORM Page 2 of 2
Form 483X N. Y.DEED—WARRANTY ud1h Lien Covenant
.T
Thio �mhevntnrr*
M
CO Made the 1 day of March
Nineteen Hundred and Eighty-Five
y ',NOWI:en GEORGE H. TURNER, presently residing at 338 Ridge Road,
Glens Falls, New York,
party of the first part, and
THOMAS G. NASH and HAROLD D. NASH, III, of 419 West 19t:l
Street, New York, New York, 10011, as joint tenants with
the right of survivorship,
i
parties of the second part,
itneooet4 that the party of the first part, in consideration of---------------
- --ONE---------------------Dollar ($1.00----)
lawful money of the United States, and other good and valuable consideration
paid by theart ies o/' the second part, does hereby grant and release unto the
parties of the second part, their heirs
and assigns forever, nll
ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate in the Town of.
Queensbury, County of Warren, State of New York bounded and
described as follows:
PARCEL I
BEGINNING at an iron pin set in the northeast corner of the:
"VanDusen lot" situated on the south side of the Luzerne Road
running South 06 degrees 02 minutes 10 seconds West, a distance oi`
557.27 feet along the lands formerly owned by Alonzo Sission to a
13" Yellow Pine tree blazed for a corner; thence North 83 degrees
48 minutes 40 seconds West, a distance of 343.40 feet along said
"VanDusen" line to an iron pipe driven in the ground for a corner;
thence North 06 degrees 59 minutes 30 seconds East, a distance of
647.02 feet to an iron pipe driven in the ground at the Luzerne
Road for a corner; thence South 68 degrees 44 minutes East, a
distance of 344.71 feet along the Luzerne Road to the place of
beginning.
PARCEL II
ALSO ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying
and being in the Town of Queensbury, Warren County, New York, on
Sanders Road in said town, and described as follows: 4.9 acres of
vacant land on the east end of Sanders Road, and shown on Tax Map
No. 8 of the Town of Queensbury, Section 126 and Block 1 as Lot 52
thereon.
SAID parcel of land is more particularly bounded and described
as follows:
tBEING that certain piece or parcel of land situate, lying and
being in the Town of Queensbury, Warren County, New York beginning
M at an iron rod set in the northwesterly corner of premises now or
formerly of William P. and Pauline Gilman; running thence South 05
l degrees 32 minutes 20 seconds West along the westerly line of said
'i parcel, a distance of 552.09 feet to an iron rod set marking the
northeasterly corner of premises now or formerly of Eunice & LeRoy
Ball; running thence North 87 degrees 26 minutes 30 seconds West, a
distance of 492.86 feet along the northerly boundary of the
premises of Ball and along a portion of the northerly boundary of
the premises now or formerly of Webb Graphics to an iron rod set
for a corner; running thence North 05 degrees 58 minutes East along
the easterly boundary of premises now or formerly of Samuel E. &
m
Jeannette P. Bannon, a distance of 152.85 feet to a point along the
easterly boundary of said premises of Bannon also being the 01
southwesterly corner of the lands now or formerly of George 4
.Sanders; running„, thence South 82 degrees 23 minutes East, a
distance of 300 feet, along the southerly boundary of premises of ;
Sanders and also along the southerly boundary of premises now or
formerly of Harold C. Nash , III, to an iron rod set for a corner at
the southwesterly corner of premises of Nash; running thence North
05 degrees 58 minutes East along the easterly boundary of premises
described in said deed to Nash a distance of 125 feet to an iron
rod set at the northeasterly corner of same7 running thence North
82 degrees 23 minutes West, a distance of 99.91 feet, along the
northerly boundary of the premises described in said deed to Nash
to an iron rod set marking the southeasterly corner of Sanders Road
and running thence North 04 degrees 46 minutes East along the
easterly terminus or end of Sanders Road and the easterly boundary
of premises now or formerly of Williams and Nash (Book 637/page917)
a distance of 300.86 feet to an iron rod set at the northeasterly
corner of said premises: running thence South 85 degrees 56 minutes
20 seconds East, a distance of 294.30 feet, to the point or place
of beginning.
BEING the same premises as described on a map of the Lands of
Thomas D. Nash & Harold C. Nash, III, prepared by VanDusen &
Steves, Licensed Land Surveyors, dated February 21, 1985, and
intended to be filed simultaneously herewith in the Warren County
Clerk's Office.
Parcel 1 being the same premises conveyed by Louis
Kaplan and Rose Kaplan to Theodore R. Turner and George H.
Turner, as joint tenants, by warranty deed dated August 30,
1961, which deed was recorded August 31, 1961 in Book 412
of Deeds at Page 285.
Parcel II being a portion of the premises conveyed
from William Ernest Mattison to Theodore R. Turner and George
H. Turner, as joint tenants, by warranty deed dated March
4, 1965 which deed was recorded March 9, 1965 in Book 452
of. Deeds at Page 74,
Said Theodore R. Turney: died a resident of Warren
County on January 22, 1969, leaving George H. Turner as the
surviving joint tenant of said premises.
RECEIV�p
AREA: ri.',S
M:�R 14 1985
TRAMSHR TAX
AAr r ,
COUNT y
(�oof ler with the appurtenances and all the estate and rights of the party of
7. the firsl part in and to said premises,
`(fin ffuUe itnb to IT01b the premises herein granted unto the part ies of the second
n part, their heirs and assigns forever.
Allb said Party of the first part
covenants as follows:
f Airst, That the partiesof the second part shall quietly enjoy the said premises;
*roub, That said party of the first part
will forever 3lurrunt the title to said premises.
I
Z11irb, That, in Compliance with Sec. 13 ofthe Lien Law, the grantor will receive the
consideration for this conveyance and will hold the right to receive such consideration as a trust
fund to be applied first for the purpose of. a.ying the cost of the improvement and will apply
the same first to the payment othe cost of the improvement before using any part of rhe total
of the same for any other purpose.
r
I'
i. itttfttese pftereof, the party of the first part has hereunnio set his hand
and sea?'the day and year first above written.
�jn TIresence of
George H. Turner
i
d
,tate of N6rl 'tarp On this l.st dayof March
Gunig of Warren Nineteen Hundred and Eighty—Five
before me, the subscriber, personally appeared
GEORGE H. TURNER
to me personally known and known to me to be the same person described in and who
executed the within Instrument, and he duly ackno dged to me that he ex-
ecuted the same.
Notary Public
MkR Itl 19 3° A!I 'nr:
i
DocuSign Envelope ID:3CBD29131-7F70-4DB4-8FCC-88931BABE2DF
SOUTHERN ADIRONDACK MULTIPLE LISTING SERVICE, INC.
RESIDENTIAL REAL ESTATE CONTRACT
This form was approved July 2015 by the Warren County Bar Association and
Southern Adirondack Realtors and Southern Adirondack Multiple Listing Service
THIS IS A LEGALLY BINDING CONTRACT.
WE RECOMMEND ALL PARTIES TO THE CONTRACT CONSULT AN ATTORNEY.
THIS CONTRACT MAY ONLY BE MODIFIED BY WRITTEN ADDENDUM.
Dated: April 2, 2018
Seller: Harold Nash Buyer: Monsour Enterprises
FULL LEGAL NAMEAS STATED ON THE DEED OF RECORD FULL LEGAL NAME AS WILL APPEAR ON THE DEED
Address: 96 Davis Hill Rd Address: 41 Revere Rd
Stormville, NY 12582 Queensbury, NY 12804-8044
Attorney: Attorney: Michael O'Connor
1. PROPERTY TO BE SOLD
Seller agrees to sell and Buyer agrees to purchase the property known as 0 Luzerne Rd
located in the City, Village or Town of Queensbury in Warren
County, State of New York. The property includes all of Seller's transferable rights, privileges, and easements, if any,
related to the property. The lot size is approximately as per deed and is described more fully
in Seller's deed, a copy of which must be annexed hereto, and incorporated herein.
Tax Map Number(s): 308.12-2-77
2. PURCHASE PRICE
The purchase price is Ninety Thousand dollars
($90,000.00 )
3. METHOD OF PAYMENT
Buyer shall pay the Purchase Price as follows:
a. $1,000.00 as a deposit with this contract to be held in accordance with Paragraph 20,
b. $ as an additional deposit on or prior to , if Seller accepts this contract,
c. $ as a seller's contribution toward closing costs in accordance with Paragraph 6 of this
contract,
d. $89,000.00 in cash, certified check, attorney's escrow check, cashier's check or wired funds
available for disbursement at the time of closing without further authorization or condition.
e. $
The total of"a"through "e"shall equal#2 above. No third party checks will be accepted at closing.
All costs and fees relative to the closing for both the Buyer and the Seller shall be paid by certified funds or
attorney escrow checks. Cash in excess of one thousand dollars ($1,000.00) shall be prohibited. In the event the
lender disallows all or a portion of the Seller Contribution, where applicable those funds shall be due Seller in
taccordance with Paragraph 6 of this contract
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Buyers Initials lens Initials
Warren County MLS,296 Bayroad Queensbury NY 12804 Phone:(555)555-5555 Fax 1693 Route 8 Moreau
Angela Cugini Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLoaix.com
DocuSign Envelope ID: 3CBD29131-7F70-4DB4-8FCC-88931BABE2DF
4. ITEMS INCLUDED IN SALE
The following, if located on the property, are included in the sale:
a. All buildings and improvements, including g. Swimming pool and all operating equipment.
sheds h. Mailbox.
b. All wall-to-wall carpeting. i. Propane tanks (if owned by Seller).
c. Lighting, heating, plumbing fixtures and j. Water treatment system (if owned by Seller).
sump pumps. k. Smoke Alarm and CO Detectors.
d. Storm and screen doors and windows. I. All landscaping.
e. Window shades, venetian blinds, traverse m. Other items not listed above which are included
rods, curtain rods. in the sale are listed here:
f. Water softeners (if owned by Seller)
All personal property contained herein is of nominal value, and is being conveyed without additional consideration.
5. ITEMS EXCLUDED FROM SALE
The following items are excluded from the sale:
6. MORTGAGE CONTINGENCY ❑X CASH Contingency is hereby waived.
Buyer and Seller agree that this contract is binding on Buyer only if Buyer is able to obtain a ❑ Conventional ❑ FHA
❑VA or mortgage loan in the sum of $ or % of the
Purchase Price at the prevailing rate of interest. Buyer agrees to apply for the mortgage loan within six (6) business days
after Seller has accepted this contract. Buyer agrees to apply for such a mortgage loan and to put forth all best efforts to
obtain the mortgage loan. If Buyer does not obtain a mortgage loan commitment and provide a copy thereof to Seller in
accordance with Paragraph 24 of this contract by (the "Commitment Date"), then at any time
after the Commitment Date and prior to Buyer providing a copy of Buyer's mortgage loan commitment to Seller, either
Buyer or Seller may terminate this contract by written notice to the other in accordance with Paragraph 24 of this contract.
If Buyer does not receive clear to close by Buyer's lender within twenty (20) business days of the Commitment Date, then
upon no less than three (3) business days notice at any time thereafter, Seller may terminate this contract by written notice
to Buyer in accordance with Paragraph 24 of this contract.
Included in the purchase price is a seller's contribution amount as specified in #3c. All parties to this contract shall sign the
HUD 1/CFPB Settlement Statement and thereby certify to the accuracy of the financial terms of the transaction. In accordance
with 18 U.S. Code Section 1001 and Section 1010 (dealing with Fraud and False Statements), the parties hereby agree that
the Seller's Contribution amount is an "amount certain" that is added to the Purchase Price to yield the Purchase Price in #2
above. In the event the Buyer's lender disallows any portion of the agreed upon Seller's Contribution, the parties understand
and agree that the lender is relying upon the Purchase Price in #2 as an essential term of this contract that will not change
and the Buyer must deliver the full Purchase Price to Seller as reported on the HUD 1/CFPB Settlement Statement. The
result of a disallowance of a portion of the Seller's Contribution is an unexpected increase in the amount of available funds
required to be brought to closing by the Buyer, and an increase in the amount due Seller at closing. It is recommended that
Buyers consult with an attorney during attorney review when utilizing a Seller's Contribution in a purchase offer.
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7. MORTGAGE EXPENSES
The mortgage recording tax, imposed on the mortgagor, recording fee, expenses of drawing papers and any other
expenses to be incurred in connection with procuring or assuming a mortgage shall be paid by Buyer.
8. SELLER'S TITLE
Seller will transfer to Buyer all rights,title, and interest in the property free of all encumbrances and exceptions except:
a. Laws and governmental regulations, including, but not limited to, zoning and environmental protection
laws provided they are not violated by the buildings and improvements erected on the property;
b. Normal utility distribution easements;
c. If the property is a subdivision lot, restrictions imposed on all lots in the subdivision, provided they are
not violated by the buildings or improvements erected on the property;
d. Such taxes and assessments for the current year as are not due and payable on the date of closing;
e. Any state of facts an accurate survey or inspection of the property would disclose provided they do not
render title unmarketable; and
f. Any other easements, restrictions or other matters set forth in an attached addendum; provided that same
does not prevent the use of the property for the purpose of ❑single family ❑multifamily ❑commercial X❑multi use or
9. CONDITION OF PREMISES
The buildings on the premises are sold "as is" without warranty as to condition, and Buyer agrees to take title to the
buildings "as is" and in their present condition subject to reasonable use, wear, tear and natural deterioration between the
date hereof and the closing of title except that in the case of any destruction within the meaning of the provisions of
Section 5-1311 of The General Obligations Law of the State of New York entitled "Uniform Vendor and Buyer Risk
Act,"said section shall apply to this contract.
a. Closed Pool/Hot Tub/Irrigation System Disclosure
[—]Yes, Buyer acknowledges receipt. ❑X Not applicable to this transaction.
b. Property Condition Disclosure Statement:
[—]Yes, Buyer acknowledges receipt. ❑Not provided, Seller agrees to credit Buyer$500.00 at closing.
❑X Not applicable to this transaction.
10. INSPECTIONS
This Agreement is contingent upon all of the following provisions unless crossed out and initialed by the Buyer. The
Seller hereby acknowledges that the inspections may be intrusive and result in disturbances to the premises.
HOME INSPECTION: A determination, by a New York State licensed home inspector (if the inspection is conducted
for compensation the qualified consultant must be a licensed New York State Home Inspector or exempt
architect/engineer per NYS RPL § 444-d), registered architect or licensed engineer, or a third party who is
or who is an otherwise qualified person, that the premises are free from
any substantial structural, mechanical, electrical, plumbing (including any pool/hot tub/irrigation), roof covering, water or
sewer defects. The term "substantial" means any individual repair which will reasonably cost over$1,500.00 to correct.
The following buildings or items on the premises are excluded from this inspection:
WOOD DESTROYING ORGANISMS: A determination by a Certified Exterminator or other qualified professional that the
premises are free from infestation or damage by wood destroying organisms.
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SEPTIC SYSTEM INSPECTION: A test of the septic system by a licensed professional engineer, licensed plumber,
septic system contractor, County Health Department, or other qualified person indicating that the system is in working
order. Upon conclusion of the inspection, the Buyer at their sole expense shall return the premises in the same condition
as it was upon the commencement of the inspection. Buyer at their sole expense shall be responsible for repairing any and
all damage that has occurred on the premises as a result of the inspection. If the Buyer fails to restore the property to its
pre-inspection condition, as determined by the Seller, the Seller will cause the restoration to be performed and the Buyer
will be responsible for any and all costs associated therewith if contract does not close.
WELL WATER FLOW AND/OR QUALITY TESTS (1) A potability water quality test to meet the standards of the
New York State Department of Health to be performed by a New York State approved laboratory, and/or (2) any
chemical, metal, inorganic, or other tests as the Buyer may request, and/or (3) a flow test to be performed indicating a
minimum flow of sufficient quantity to produce gallons per minute for hours, and/or the minimum
requirement to obtain mortgage financing on the subject property as dictated by the Buyer's lender.
RADON INSPECTION: The Buyer may have the dwelling located on the property tested by a reputable service for the
presence of radon gas. The Seller agrees to maintain a "closed-house condition" during the test. "Closed house
condition" shall mean that the Seller shall keep the windows closed and minimize the number of times the exterior doors
are opened and the time that they are left open. The Seller agrees to comply with all reasonable requirements of the
testing service in connection with the test, provided such compliance shall be at no cost to Seller. If the test reveals that
the level of radon gas is four (4) picocuries per liter or higher, the presence of radon gas shall be deemed grounds for
cancellation of the contract.
HAZARDOUS MATERIALS: Buyer may have a qualified individual test the ground and buildings on the property for mold
(mildew is not classified as mold), the presence of underground fuel tanks, and any contamination from any hazardous
materials whose presence or discharge on the property is a violation of any applicable laws or regulations.
All tests and/or inspections contemplated pursuant to this Paragraph 10 shall be completed on or before
and at Buyer's expense, and shall be deemed waived unless Buyer provides written notice
of the failure of any of these tests and/or inspections, which notice is to be sent in accordance with Paragraph 24 of
this Agreement, no later than . If Buyer so notifies and further supplies written
confirmation by a copy of the test results and/or inspection report(s), or letter(s) from the inspector, then this entire
Agreement shall be deemed canceled, null and void and all deposits made hereunder shall be returned to Buyer or, at
Buyer's option, said cancellation may be deferred for a period of ten (10) days in order to provide the parties an opportunity to
otherwise agree in writing.
Buyer does hereby agree to indemnify and defend the Seller and save it harmless from and against any and all claims,
actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising
from or out of the inspection by Buyer of the premises or any part thereof, or in part by any act or omission by Buyer, its
agents, contractors or employees. Buyer agrees to pay all costs, expenses and reasonable attorney's fees that may be
incurred or paid by the Seller in enforcing or defending this section.
11. ATTORNEY REVIEW
If Buyer or Seller elects to consult an attorney, this contract shall be subject to such attorney's review of all its terms and
conditions, within 5 (minimum of 5) business days, exclusive of Saturdays, Sundays, legal holidays, and
the date of signing, from the date of the delivery of the signed contract with a copy of the deposit and attachments. Seller
and/or Seller's attorney to provide to Buyer's attorney the deed, covenants and any restrictions of record during the
attorney review. If neither Buyer nor Seller exercises the right to have an attorney review this contract within the time
permitted, this contract will be legally binding as written. If the attorney for Buyer or Seller disapproves of this contract,
the attorney must notify the broker(s) or the other party's attorney as per Paragraph 24 or this contract will be legally
binding as written. The broker(s) shall receive a courtesy copy of all correspondence sent pursuant to this section. The
parties, or their attorneys, may agree in writing to shorten or extend the time for attorney review.
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12. TITLE PAPERS
Seller shall furnish a proposed deed, TP-584, IT-2663 (if required), RP-5217 and copies of tax receipts for the past years
to Buyer or Buyer's attorney at least 14 days before closing. X❑Seller ❑Buyer shall furnish at their expense, the following
within 20 days from acceptance of this Contract by the Seller, thereby establishing proof of marketable title:
a. 5 year tax search
b. Abstract of Title covering at least 40 years and continued to within 30 days of closing or, if no abstract
exists and Seller has a current "owner's" fee title insurance policy, Seller will provide a copy of said policy along with a
"stub search" continuation (including complete copies of any exceptions, easements, covenants, restrictions and
reservations set forth in such title insurance policy)to update the title to within 30 days of closing.
c. If Seller has a survey of the property, it shall be provided to Buyer, and Buyer shall pay the cost of
updating any such survey if required or desired.
13. TITLE OBJECTIONS
If Buyer correctly rejects Seller's title to the property as unmarketable, Seller shall have a reasonable length of time to
cure the objection. If Seller is unable to cure the objection, Seller's sole responsibility shall be to return all deposits to
Buyer without interest, and upon such payment this contract shall be terminated and Seller shall be discharged of all
liability to Buyer.
14. DEED
The property shall be transferred from Seller to Buyer by means of a Warranty Deed with Lien Covenant furnished by
Seller. The deed will be properly prepared and signed so that it will be accepted for recording by the County Clerk in the
County in which the property is located. However, if Seller is transferring the property as an executor, administrator,
trustee, guardian or other fiduciary, the deed usual to such cases shall be acceptable. Seller agrees to cooperate in signing
any reasonable title affidavits requested by a title company of Buyer's choice and executing any reasonable HUD or other
forms requested by Buyer's lender and also provide a copy of the Seller's unexpired government issued photo identification.
15. TAX COMPLIANCE
a. Seller shall pay the New York State Real Property Transfer Tax imposed by Tax Law 1402 and, if applicable, Buyer
shall pay the Additional Tax (aka "Mansion Tax" or"Luxury Tax") imposed by Tax Law 1402-a and calculated on the TP-584
with allowance for any applicable tax credits.
b. If required by law, Seller will complete and execute Form IT-2663 and pay the required tax.
16. TAX AND OTHER ADJUSTMENTS
The following, if any, shall by divided between Buyer and Seller as of the date of possession so Buyer and Seller are
assuming the expenses of property and the income from the property as of the date of possession:
a. Rents, as set forth in the schedule attached to this contract.
b. Taxes, sewer and water rents.
c. Municipal assessment installments, Homeowner's Association Fees/Dues/Assessments (including those
assessed but not yet due and payable).
d. Fuel, based upon cost at last delivery as confirmed by copy of receipt provided by Seller at closing.
17. PRE-CLOSING INSPECTION
Buyer has the right to inspect the property at a reasonable hour within 48 hours of the transfer of title to ascertain there has
been no material change in the condition of the property and included items from the time of contract. Seller shall leave
the premises in broom clean condition.
18. DATE AND PLACE OF TRANSFER OF TITLE
The transfer of title to the property from Seller to Buyer will take place within 30 miles of the Warren County Clerk's Office,
or at a location that is mutually agreeable to the parties. If the Buyer is financing this transaction he/she agrees to
request a closing agent who is located within 30 miles of the Warren County Clerk's Office. The closing will be on or
about 20180402 Seller and Buyer shall provide a government issued photo identification at closing.
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19. POSSESSION
Buyer shall be granted exclusive possession of the property at closing, including keys and, if applicable, garage door
openers and keys and/or security codes.
20. DEPOSITS
The deposit made by Buyer pursuant to Paragraph 3a will be held in a secure fashion by (selling broker)
Howard Hanna Real Estate Sery until the Buyer's offer is accepted by Seller.
Upon acceptance of the offer by Seller, the deposit and all payments made by Buyer on account of the purchase price
prior to closing shall be deposited in a non-interest bearing escrow account by (listing broker):
Coldwell Banker Prime Properties Saratoga in their account with
Capital Bank (Name of Financial Institution)
Upon the satisfaction of all contingencies in this contract, the deposit(s) made by the Buyer pursuant to Paragraph 3a &3b shall
be deemed non-refundable, provided, however, that Buyer shall receive a refund of all deposits made by Buyer if:
a. Buyer is unable to obtain mortgage loan commitment pursuant to Paragraph 6, or
b. Seller is unable to deliver a marketable title, or
c. This contract is terminated pursuant to any other provision of the contract (except Paragraph 21).
The deposit may not be released without the written authorization of all parties involved in this Agreement.
21. DEFAULT
If the Buyer shall default in the keeping and performing of the terms of this agreement, the Seller may, at Seller's option
either;
a. Retain all sums paid on account of the purchase price, together with all interest earned, as liquidated
damages and not by way of penalty, and in such event the terms of this agreement shall be canceled and of no further
force and effect, or
b. Pursue all of Seller's rights and remedies against the Buyer at law or in equity for breach of this agreement, and in
that event the Seller shall retain all such sums paid on account of the purchase price in escrow for the Seller's and the
Buyer's benefit, until the actual damages are finally determined, at which time the sum so escrowed and any interest earned
thereon shall be first applied to the Seller's damage and the balance, if any, returned to the Buyer. If the Seller's damages
exceed the amount retained in escrow, the Buyer shall be liable for the difference, or
c. If an action is commenced pursuant to an alleged default, the prevailing party shall be entitled to
reasonable attorney fees, costs, and expenses.
22. REAL ESTATE BROKER
Buyer and Seller agree that that Coldwell Banker Prime Properties Saratoga (Listing Broker)
and Howard Hanna Real Estate Sery (Selling Broker) brought about the sale, and
Seller agrees to pay the commission to Coldwell Banker Prime Properties Saratoga (Listing Broker) as agreed
in the listing agreement or as instructed by Listing Broker. To comply with regulation 175.23 of the NYS Department of State all
real estate brokers involved in the sale shall be provided with a copy of the final HUD/CFPB forms or closing statement at
transfer of title.
23. PERIOD OF OFFER
Buyer and Seller understand and agree that, unless earlier withdrawn, this offer is good until am 5 pm
4/5/2018 — �- � and if not accepted by Seller prior to that time, then this offer becomes null and void.
24. NOTICES
All notices contemplated by this Agreement shall be in writing, delivered by (a) first class mail postage prepaid postmarked
no later than the required date; (b) by electronic transmission by 11:59 p.m. on such required date; or(c) by personal delivery
by 11:59 p.m. on such required date. Such notice shall be effective on the date it is sent. Any notices shall be sent to the
other party's attorney if known, if not then to the other party by serving the first named Buyer or Seller, as the case may be, at
th . dress set forth for such party. A courtesy copy of all correspondence shall be sent to both brokers.
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25. ENTIRE AGREEMENT
It is understood and agreed that all prior understandings and agreements between Seller and Buyer are merged into this
contract. This contract may only be modified by a written instrument signed by both parties. This contract may be signed
in counterparts. by facsimile, or upon electronic signature. An attorney retained by a party shall have the authority to
amend this contract in the same manner as the party, provided however that this authorization shall not be deemed to
revoke any existing power of attorney executed by any party to this contract.
26. BINDING CONTRACT
Buyer and Seller agree that they, their heirs, legal representatives, successors and/or assigns will be bound under this
contract. This contract cannot be assigned without the written consent of Seller.
27. DISCLOSURES/ADDENDA ATTACHED
Lead Paint Disclosure 48 Hour Contingency Rent and Security Schedule
Property Condition Disclosure Mortgage Assumption Contingency FHA/VA
Closed Pool/Hot Tub/Irrigation Disclosure Homeowner's Association Perc Test ❑Other
28. OTHER
Sale is contingent on the buyers at their expense obtaining subdivision approval for 3 buildable lots.
D�ocuSiSianned by:
Buyer: Dated: 4/2/2018
Monsour Enterprises
Buyer: Dated:
Buyer's Attorney: Michael O'Connor Phone: (518)732-2113
E-Mail: Fax:
Seller will furnish Seller's Taxpayer Identification Number or Statement of Exemption from Information Reporting upon
closing.
By signing below, Seller affirms under penalty of perjury that Seller is not a foreign person as defined by Internal Revenue
Code §§897 and 1445 and the Regulations there under as same may be amended (the Foreign Investment in Real Property
Tax Act herein referenced as FIRPTA).
DocuSigned by:
Sellr�c�Y'kl N.SL III Dated: 4/5/2018 Time:
WP.h
Seller: Dated: Time:
Seller's Attorney: Phone:
E-Mail: Fax:
Listing Agent Christopher Iwinski Office Coldwell Banker Prime Properties Saratoga
Phone (518)669-0265 Cell: Fax E-Mail:
Selling Agent Angela Cugini Office Howard Hanna Real Estate Sery
Phone Cell: (518)232-1460 Fax E-Mail:
I, Angela Cugini (Agent) completed this Form Contract and hereby swear and affirm that I have
not made any amendments or alterations to the approved language contained herein that are not evident.
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308.08
308.11
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25
308.15
308.16 309.13
Ii
----------
308.12
WARREN COUNTY REA L
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