Application & Maps LITTLE, 09CONNOR & BiORIE, 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 FACSIMILE(518)792-6972
FAX SERVICE NOT ACCEPTED
J.DAVID LITTLE,RETIRED
ELIZABETH E.LITTLE,OF COUNSEL
June 14, 2018
Zoning Board of Appeals
Town of Queensbury
742 Bay Road
Queensbury,New York 12804
Re: Judkins Family Trust— Tax Map Parcel#:289.10-1-36& 35
Folks:
You recently approved a Site Plan#16-2018 for the above property,
Due to construction issues, the home design has been modified. A retaining wall at the
rear of the home has been eliminated and the rear foundation of the home has been heightened to
replace the retaining wall.
The modification does not require any additional dimensional variances. In fact, the
change has made the project more compliant.
We are back before you because the change results in a vertical expansion within the 50
ft. shoreline setback area. The total height will still be compliant at 28 ft., but there is more area
occupied at 28 ft. This is what I call a volume variance.
There is an appearance difference, but, again, the height, side setback, and permeability
are within the envelop of the prior variance.
Hutchins Engineering Yours Very Truly,
To: ICQ A
Via: Mlail Qmil, Pickup LITTLE, O'CONNOR& BORIE, P.C.
Date:_G,•l,5_IR____.
IN
By: Michael J. O'Connor
MJOC/kml
WEB SITE:www.locblaw.com
EMAIL: mjoconnor@locblaw.com
Area Variance [Z13A approved: September 21 20161
This page includes the'l.) 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: Judkins Family Trust
Designates: Hutchins Eng.&Little&O'Connor as Agent regarding the following:
Variance ✓ Site Plan ✓ Subdivision
For Tax Map No.:226.15-1-36 DAed Mum Book4978 Page287 Date 5/8/14
OWNER SIGNATICIRE DATE-
2.) ENGINVERINC; F'EE DF C,!_[ 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.
AUTH FUZATION FOR SITE L7`3: By signing this page and submitting the application ntatedals attached herein, the
Owrttr,Applicant, and hiadbur/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Slaf}'to enter the Subject
properties for the purpose of reviewing the application submitted.
4.) OTHER P)~R IT RE`.110 NS10FLIT - 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.
SJ OF FIC I AL M EFTING MINUTE;S D SURE: 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.�_ AC:RYEMENT TO PROVIDE DOC[rMENTATION R -OUIRED: I, the undersigned, have thoroughly read and understand
the instructions for rilhmissiott 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
alaiemcnt/dwriptlon of the :xisting conditions and the work proposed, and that all work will be perl'ormcd in accodance wish The
appruved planx and in confo'niance with local zoning regulations. I acknowledge that prior to occupying t11e Facilities proposed, I or
my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we nuty he required to provide an ns-built
survey by a licensed land sur'✓eyor of all newly constructed facilities prior to issuance of a certificate of occupancy
I have read and utr4w t the e ~
I ��
+ T 6/15/2018
Signature[ phi nt] Print Name [Applicant] Date signed
G.Thomas Hutchins,P.E. 6/15/2018
S ialtt gwn Nam` Print N me [Agent] Date signed
Mike O'Connor,Esq. 6 15 21)16
Sig Print Name [Agent] Date signed Page 7
Area Variance [ZBA approved: September 21 2016]
General Information
Tax Parcel ID Number; 289.10-1-36,35
Zoning District, Waterfront Residential
Detailed Description of Project [include current&proposed use]:
Current Use: Lakefront Residential
Proposed Use: Lakefront Residential
Location of Project: 15 Genista Drive
Applicant Name: ludkins Family Trust Mailing Address 286 Butler Pond Road
Home Phone City, State,Zip Queensbury NY 12804
Work Phone Cell Phone
E-Mail: FAX No.
Agent's Name: Hutchins Engineering Mailing Address 169 Haviland Road,12804
Home Phone Little&O'Connor City,State,Zip 19 W.Notre Dame St,12801
Work Phone Hutch:(518)745-0307 eutt phune L&O:(518)792-8728
E-mail lwdol ie@hutchinsengineering.com FAX No.
mioconnor@littleoconnor.com
Hutch:(518)745 0308
Owner's Name Mailing Address
(same as applicant)
Home Phone City, State,Zip
Work Phone Cell Phone
E-mail FAX No.
Page 1
Area Variance [ZBA approved: September 21 2016]
Site Dcyclop moat Da
Area/Type Previous SF Proposed Total sq.ft.
_ Additions .ft.
A. Building footprint
525 418 943
B. Detached Garage
0 0 0
C. Accessory Structure(s)
0 0 0
D. Paved,gravel or other hard surfaced area 2,285 -389 1896
Drive,Walks,Patio
E. Porches/Decks
0 38 38
F. Other Walls 515 -345 170
G. Total Non-Permeable [Add A-F]
3,325 -278 3047
H. Parcel Area [43,560 sq. ft./acre] 14,668 0 14,668
I. Percentage of Impermeable Area of Site [I=G/H] 22.67% -1.90% 20.77%
Setback Requirements
Area Required Previous As Approved Proposed
Front Yard[1]
Front Yard[2]
Shoreline
50' 20' 20' 21'
Side Yard[1]
East 15' 15' 10' 10.8'
Side Yard[2] West 15' 3.8' 7.8' 8.2'
Rear Yard[1]
30' 103.5' 91.8' 84.9'
Rear Yard[2]
Travel Corridor
Height[maximum]
28' 26'+/- 27'-10" 28'
Permeability
75% 77.33% 76.99% 79.23%
Number of parking spaces
Page 2
Area Variance [ZBAapproved: September212016]
Additional I'roiect 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 12-2018,SP 16-2018
3. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit
Program? _Yes/ ✓No
4. Estimated project duration: Start Date: : MR 2018 End Date: SPR 2019
5. Estimated total cost of project: $450,000
6. Total area of land disturbance for project: 17,500
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 14,668 sq. ft.
Existins Floor Area 0 sq. ft. [see above definition]
Proposed Additional Floor Area 2,653 sq. ft.
Proposed Total Floor Area 2,653 sq. ft.
Total Allowable Floor Area 3,227 (Area x 0.22 see above table]
Page 3
Area Variance [ZBAapproved: September212016]
Compliance with Zoning Ordinance
Requesting relief from SECTION: 179-6-050,179-6-060
Need relief from the requirement(s)listed below which can not be met by the project as proposed.
[Check all that apply] [JQ Setback ❑ Buffer Zone ❑Lot Width MOther Drive Access
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?
There will be no undedrabin change to the character of the neighborhood.as an attractive,new home wllI be
constructed at almost the same lake setback as the previous camD.fsli2ht1Y farther away from lakel. All of the
neighboring homes are situated at approximately the same lake setback as this proposal.
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?
Gi yen the pa reel ls�=o-m-tryand names con formialAuil d ille envelope.as well as the ske topography over the
conforming building envelope.there is no feasible alternative to the requested area variances. Additionally,it is
not feasible to construct a new drive to access site off Glen Lake Road.
3. Whether the requested area variance is substantial?
The setback requests could be viewed as moderately su hsiantiai with respect to the amount of relief requested.
The driveway access request is not substantial,as the parcel is presently accessed from Genista Drive and the
reconstructed road will also allow access from Genista Drive.
4, Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district?
There will be no adverse effects to the physical or environmental conditions in the neighborhood. A new,
conforming_wastewater sF stem will be installed alone with stormwater management,and the new drive will
provide much improved access and parking for the easterly neighbor.
5. Whether the alleged difficulty was self-created?
Given the Darcel's geometry and topography.the difficulty is not self-created. There is no feasible way to
undertake the project without the requested area variances.
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 a licant&person responsible for preparation of drawing ALL
2 Deed ATTACHED
3 North arrow,Tax Map ID, date re ared 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 S1,S4
6 Site improvements incl. outdoor storage areas,driveways,parking areas,etc.: existing&
proposed Si,S4
7 Setbacks for all structures and improvements: existing&proposed ALL
8 Elevations and floor plans of all proposed and affected structures Al,A2
B. Water& Sewer Shown on Sheet#
1 Project sewage disposal facilities,design details, construction details,flow rates, and number of
bedrooms proposed
S4
2 Water supply[i.e. well] &septic on adjoining lots with separation distances to existing or
proposed on-site water supply and septic S4
3 Separation distances for proposed sewage dis osal system to well and water bodies S4
4 Existing public or private water supply[well,lake,etc.]. Method of securing public or private
water, location,designand construction of water supply including daily water usage S4
5 Percolation test location and results TBD
C. Parking/Permeable Areas Shown on Sheet#
1 Number of spaces required for project including calculations and justification: existing&
proposed S4,S5
2 No. of existing parking spaces,number to be removed,number to maintain and type of surfacing
53,S4
material [e.g., gravel,paved]
3 Provision for pedestrian and handicap access and parking: existing&proposed S3,S4
4 Design details of ingress,egress, loadinE areas and cutting: existing&proposed S3,S4
5 Location and character of green areas [existing and proposed],modification to green area,buffer
zone to remain undisturbed S3,S4
6 Lighting, location and design of all existing and proposed outdoor lighting BLDG MOUNTED
D. Additional Site Development and Miscellaneous Shown on Sheet#
1 On-site&adjacent watercourses, streams,rivers,lake and wetlands S1
2 Utility/enera distributions stem as,electric,solar,tele hone : existin & ro osed S1,S5
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, S1,S4,S5
4 Square footage of bldg. area proposed for office,manufacturing,retail sales or other commercial
activities: existing&proposed
RESIDENTIAL
5 Si na e: Location,size,type, design and setback: existing&proposed RESIDENTIAL
6 Waiver Request: provide letter with application requesting any waivers: please referencc----7 NONE
specific items
7 Commercial/Industrial Development requires submission of Landscaping, Stormwater RESIDENTIAL
Management, Grading&Lighting Plans
8 Identification of Federal, State or County permits required for the project together with a record
of application for all necessarypermits NONE
Page 5
Area Variance [ZBA approved: September 21 2016)
Pre-Submission Conference Form/Section 179-9-040
1. Applicant Name: Judkins Family Trust
2. Tax Map ID 226.15-1-36 Location: 15 Genista Lane
3. Zoning Classification wR
4. Reason for Review: :l,q LC)U OC)» kOCCsQn6� _)cAc7n � ✓� � r �c��
5. Zoning Section#:
6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by
Deed
General Information complete
Site Development Data Complete 1/
Setback Requirements Complete ✓
Additional Project Information Complete
FAR addressed
Compliance with Zoning Ordinance
Checklist items addressed
Environmental Form completed
Signature Page completed
^ c4 - F
r 7,-Q- 3' Cko- ��ef
f P t l/1'1 c tc , CA 62G. C(1 CA-4 L—Q_
E C it Cc 4LM -Sv
Sode-le o r �
Eed
Staff Representative:
cc ��
Applicant/Agent: 4 A ILI Date:
Page 6
Area Variance [Z13Aapproved: Seplember21 20161
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: Judkins Family Trust
Designates: Hutchins Eng.&Little&O'Connor as Agent regarding the following-
Variance ✓ Site Plan ✓ Subdivision
For Tax Ma No.:226.15-1-36 4 Date / /P _ Uec_d lefer(.nce: Book 978 Page287 5 8 14
OWNER SIGNATURa� c DATE:
r
2.) ENGINE1;RING FEED 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.
3.1 AUTHORIZATION FOR SITE V1517• : 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. THI?R PErRMIT {i NS[141I.I'I<-It 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.
5,1 t1FFIC'IAL MEETING MINU7TES 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.
CREEMENI "11) PR VID E DOC'UMEI1TATFON RE UIR : 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
statemcnt/demiiption 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 cerificate of occupancy as necessary. I also understand that I/we may be required to provide an as-built
survey by a licensed land sur'✓eyor of all newly constructed facilities prior to issuance of a certificate of occupancy
I have read and agree, o the
}/
PC4 .';' !j am/ �t 6/15/2018
lu [ P t Print Name [Applicant] Date signed
G.Thomas Hutchins,P.E. _ 6/15/2018
atur gent r` Print dame[Agent] Date signed
Mike O'Connor,Esq. 6/15/2018
Signature[A Print Name[Agent] Date signed Page 7
WARRANTY DEED:Lien Clause
,70
30 This Indenture
Made the V� day of��,2014
Q� Between DAVID JUDKINS and DAWN W.JUDKINS,his wife,residing at 286 Butler Pond
Road,Queensbury,New York 12804,
parties of the fast part,and
DAVID A.JUDKINS and DAWN W.JUDKINS,as Trustees of the
JUDKINS FAMILY TRUST u/a dtd December 19,2013,residing at 286 Butler Pond Road,Queensbury,
New York 12804,
parties of the second part,
Iitnesseth that the parties of the first part, in consideration of ONE and 00/100 ($1.00)Dollar
lawful money of the United States, and other good and valuable consideration paid by the parties of the
second part,do hereby grant and release unto the parties of the second part,the heirs or successors and
assigns of the parties of the second part forever, ALL THAT CERTAIN PIECE OR PARCEL OF
LAND,more particularly described on Schedule"A"attached hereto.
Together with the appurtenances and all the estate and rights of the parties of the first part in and
to said premises,
To have and to hold the premises herein granted unto the parties of the second part, the heirs or
successors and assigns of the parties of the second part forever.
And,the parties of the first part covenants as follows:
First,that the parties of the second part shall quietly enjoy the said premises;
Second,that the parties of the first part will forever Warrant the title to said premises.
Third, the parties of the first part,in compliance with Section 13 of the Lien Law,covenants that
the parties of the first part 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 paying the cost of the
improvement and will apply the same first to the payment of the cost of the improvement before using
any part of the total of the same for any other purpose.
Fourth,full power and authority are conferred upon the parties of the second part,as Trustees,to
protect, conserve, sell, lease and encumber all interests conveyed by this instrument, and otherwise to
manage and dispose of those interests, it being the intent of the party of the first part to vest in the
Trustees full rights of ownership as authorized and contemplated by the New York Estates, Powers and
Trusts Law and related statutes.
In Witness Whereof,the parties of the first part has duly executed this deed the day and year first
above written.
In Presence of
f L.S.
DAVID JUD N
1Va. IC }' _ L.S.
DAWN W.JUD NS
i
STATE OF NEW YORK )
COUNTY OF WARRjE,N
On the d' day ,2014,before me,the undersigned,a Notary Public in and for said State,personally
appeared,DAVID JUDKINS*ntl pA W.JUDKINS,rrwnelly known ill me or proved to me tm the baiO of mtKnum7
evidence to be the individual whose names are subscribed to the within instrunktrr and arknotirled W W mt Thal Ihcy CX=1ed
the same in their capacity,and that by their signature on the' muniun,the individual,or hr persam upam bEhntrat which the
individual acted,executed the instrument.
ryPublic 4YN TO
NptM PttMO
M�Rta&Wwyafk
Qualthed In Wash n coonD
commission Expires den.2%20�
HEDUU A
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Queensbury,
County of Warren, and State of New York,briefly described as follows: A certain lot or parcel
of land situate on the north shore of Glen Lake, fifty feet front along said Glen Lake and
extending back to a depth of one hundred and fifty feet from low water mark,being the first lot
west of an adjoining the lot purchased from George Coffin (since deceased) by Martha E.
Cowles by a certain contract dated May 81", 1917. Also granting and conveying to said parties of
the second part all the right, title and interest of the parties of the first part, to a RIGHT OF
WAY granted by Leander Pepin to William Seeley under date of July 15", 1925, which said
easement is recorded in the Warren County Clerk's Office.
As said premises are described in a deed thereof from William Seeley and wife to the
parties of the first part,dated April 30`h, 1938,recorded in the Warren County Clerks' office on
May 22"d,1938,in Liber 208 of Deeds at Page 70.
Together with a right of way over a roadway as it now exists from the Glen Lake Road
(the county highway that now runs front Route No. 9 to the Farm to Market Road)to the rear or
northerly bounds of the lake shore lands of William C. And Mary C. Rothmeyer and along the
northerly bounds of the lands of Benjamin and Ann Seiler, Anna W. Baril and Dorothy Mickel
and Marilyn(Mickel)Rourke to the northerly bounds of the lake shore lot of Leonard Fosbrook
and Dorothy Fosbrook. As said right of way is more particularly described in a deed from
Leonard Fosbrook and Dorothy Fosbrook to William C. Rothmeyer and Mary C. Rothmeyer,
Benjamin Seiler and Ann Seiler, Ana M. Baril, Dorothy Mickel and Marilyn (Mickel) Rourke,
dated September 7, 1948, and recorded September 9, 1948, in Warren County Clerk's office in
Book 268 of Deeds at Page 556.
Being the same premises conveyed by Edward Lapan and Phyllis A. Lapan,his wife by
deed dated February 23, 1999 and recorded in the Warren County Clerk's Office on March 3,
1999 in Book 1105 of Deeds at Page 319.
R&R:
McPhillips,Fitzgerald&Cullum,LLP
John E.Fitzgerald,Jr.,Esq.
288 Glen St.-PO Box 299
Glens Falls,New York 12801
I
WARREN COUNTY—STATE OF NEW YORK
PAMELA J.VOGEL, COUNTY CLERK
1340 STATE ROUTE 9,
LAKE GEORGE, NEW YORK 12845
COUNTY CLERK'S RECORDING PAGE
***THIS PAGE IS PART OF THE DOCUMENT—DO NOT DETACH***
Recording :
Cover Page 5.00
Recording Fee 30.00
Cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
Additional Names 1. 50
BOOK/PAGE: 5014 / 4 TP584 5.00
INSTRUMENT #: 2014-4517 RP5217 Residential/Agricu 116.00
RP5217 - County 9.00
Receipt#: 2014339607
Clerk: TR Sub Total : 186. 50
Rec Date: 07/25/2014 03: 58:17 PM
Doc Grp: RP Transfer Tax
Descrip: DEED Transfer Tax - State 0.00
NUM Pgs: 3
Rec'd Frm: MCPHILLIPS FITZGERALD & CULLUM Sub Total : 0.06
LLP
Partyl: JUDKINS DAVID Total : 186. 50
Party2 : JUDKINS DAVID A TRSTE **** NOTICE: THIS IS NOT A BILL ****
Town: QUEENSBURY
***** Transfer Tax *****
Transfer Tax #: 2403
Transfer Tax
Consideration: 0.00
Total : 0.00
WARNING***
Record and Return To: I hereby certify that the within and foregoing was
recorded in the Warren County Clerk's Office,
State of New York.
This sheet constitutes the Clerks endorsement
MCPHILLIPS FITZGERALD & CULLUM LLP required by Section 316 of the Real Property Law
288 GLEN STREET of the State of New York.
PO BOX 299
GLENS FALLS NY 12801 PamelaJ. Vogel
Warren County Clerk
Property Address: 15 Genista Lane 3 Quee I nsbury, NY 12804
Tax Map No.:289.10-1-36
WARR4NTYDEED:Lien Clause
This Indenture
Made the day ol.'..�'2014
Between DAVID JUDKINS and DAWN W.JUDKINS,his wife,residing at 286 Butler Pond
Road,Queensbury,New York 12804,
parties of the first part,and
DAVID A.JUDKINS and DAWN W.JUDKINS,as Trustees of the
JUDKINS FAMILY TRUST u/a dtd December 19,2013,residing at 286 Butler Pond Road,Queensbury,
New York 12804,
parties of the second part,
Witnesseth that the parties of the first part, in consideration of ONE and 00/100 ($1.00) Dollar
lawful money of the United States, and other good and valuable consideration paid by the parties of the
second part, do hereby grant and release unto the parties of the second part,the heirs or successors and
assigns of the parties of the second part forever, ALL THAT CERTAIN PIECE OR PARCEL OF
LAND,more particularly described on Schedule"A"attached hereto.
Together with the appurtenances and all the estate and rights of the parties of the first part in and
to said premises,
To have and to hold the premises herein granted unto the parties of the second part,the heirs or
successors and assigns of the parties of the second part forever.
And,the parties of the first part covenants as follows:
First,that the parties of the second part shall quietly enjoy the said premises;
Second,that the parties of the first part will forever Warrant the title to said premises.
Third,the parties of the first part,in compliance with Section 13 of the Lien Law,covenants that
the parties of the first part 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 paying the cost of the
improvement and will apply the same first to the payment of the cost of the improvement before using
any part of the total of the same for any other purpose.
Fourth, full power and authority are conferred upon the parties of the second part,as Trustees,to
protect, conserve, sell, lease and encumber all interests conveyed by this instrument, and otherwise to
manage and dispose of those interests, it being the intent of the party of the first part to vest in the
Trustees full rights of ownership as authorized and contemplated by the New York Estates, Powers and
Trusts Law and related statutes.
In Witness Whereof,the parties of the first part has duly executed this deed the day and year first
above written.
In Presence of
DAVID JUDX1
1.Y1JJr*-W L.S.
DAWN W.JU NS
STATE OF NEW YORK )
0O1JNrY[x WARRUN
Un the gplday tPQ4,2014,i*fore mg.the undersigned,a Nutary Public in and for said Smm pmanWly
4 VpCm DAVID JUDKINS and DAWN W.JLrDKTNS.pmxmlty kn&+n ra me or proved to me on+toe byrF aselisfin: y
cmwv"to bs Urc individual whose awaits are subserdmd to rho within inalyd mcnl and tickncwladged to me IhK 6cy cu9c"rd
the same in their capacity,and that by their signature on t rurnenl,the individual,or r person upon behalf of which the
individual acted,executed the instrument.
—w&h
(ia'�4@TryPublic
i' YNTHAW CAPUTC>
No%ry ftb;lc,046BSM
suit of New York
Clutlftd in VftshlltQton C-ounty
C0rrtMnlil 0n expJrai1 JIIM.24+2U/
SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Queensbury,
County of Warren, and State of New York, briefly described as follows: A certain lot or parcel
of land situate on the north shore of Glen Lake, fifty feet front along said Glen Lake and
extending back to a depth of one hundred and fifty feet from low water mark,being the first lot
west of an adjoining the lot purchased from George Coffin (since deceased) by Martha E.
Cowles by a certain contract dated May 8", 1917. Also granting and conveying to said parties of
the second part all the right, title and interest of the parties of the first part, to a RIGHT OF
WAY granted by Leander Pepin to William Seeley under date of July 15" 1925, which said
easement is recorded in the Warren County Clerk's Office.
As said premises are described in a deed thereof from William Seeley and wife to the
parties of the first part, dated April 30", 1938,recorded in the Warren County Clerks' office on
May 22"d, 1938,in Liber 208 of Deeds at Page 70.
Together with a right of way over a roadway as it now exists from the Glen Lake Road
(the county highway that now runs front Route No. 9 to the Farm to Market Road)to the rear or
northerly bounds of the lake shore lands of William C. And Mary C. Rothmeyer and along the
northerly bounds of the lands of Benjamin and Ann Seiler, Anna W. Baril and Dorothy Mickel
and Marilyn(Mickel)Rourke to the northerly bounds of the lake shore lot of Leonard Fosbrook
and Dorothy Fosbrook. As said right of way is more particularly described in a deed from
Leonard Fosbrook and Dorothy Fosbrook to William C. Rothmeyer and Mary C. Rothmeyer,
Benjamin Seiler and Ann Seiler, Ana M. Baril, Dorothy Mickel and Marilyn (Mickel) Rourke,
dated September 7, 1948, and recorded September 9, 1948, in Warren County Clerk's office in
Book 268 of Deeds at Page 556.
Being the same premises conveyed by Edward Lapan and Phyllis A. Lapan, his wife by
deed dated February 23, 1999 and recorded in the Warren County Clerk's Office on March 3,
1999 in Book 1105 of Deeds at Page 319.
ALSO,ALL THAT PIECE OR PARCEL OF LAND,situate in the Town of Queensbury,
County of Warren,State of New York,more particularly described as follows:
BEGINNING at a point which marks the northeasterly corner of the premises of William
B.Fosbrook and the northwesterly corner of premises now or formerly of Donahue which point
is the southerly boundary of Glen Lake Road, and running thence from said point or place of
beginning on a course S 13 degrees 43 minutes 30 seconds W a distance of 134.87 feet along the
common boundary of lands now or formerly of Donahue and lands of William B.Fosbrook to a
point;running thence on a course N 74 degrees 05 minutes 00 seconds W a distance of 50 feet to
a point;running thence on a course S 13 degrees 43 minutes 30 seconds W a distance of 65 feet
along the common boundary of William b. Fosbrook and lands now or formerly of Riley and
running thence on a course N 74 degrees 04 minutes 30 seconds W a distance of 16.38 feet to a
point along the northerly bounds of lands now or formerly of LaPann; running thence on a
course S 73 degrees 54 minutes 30 seconds W to a point of intersection with the easterly
boundary of a driveway to Glen Lake Road known as Genista Lane formerly known as Glen
Road, and running thence in a northerly direction along the easterly boundary of said driveway
known as Genista Lane to a point in the northerly boundary of lands of William B. Fosbrook,
and running thence on a course S 63 degrees 20 minutes 15 seconds E along the northerly
boundary of lands of William B.Fosbrook to the point or place of beginning.
BEING the same premises described in a deed from William Fosbrook to Dr. David
Judkins and Dawn Judkins dated April _, 2007 and recorded in the Warren County Clerk's
Office on June 6,2007 in Volume 3284 of Deeds Page 220,Document#00005606.
R&R:
McPhillips,Fitzgerald&Cullum,LLP
John E.Fitzgerald,Jr.,Esq.
288 Glen St.-PO Box 299
Glens Falls,New York 12801
f
FOAM S 301{= ionly
N.Y.S. th Lien Covenant C NATIONAL LEGAL SUPPLY,INC, •!._,
O11y�a 4\ 120 Sheridan Ave,Albany,N.Y.12210
TAX >k 5-MOO 2110r. Itare �, II
Made the y f
August day o
6 Nineterrr HnnCfPCd axrd Ninety
Between
RUTH O'NEIL RILEY.-residing at Earl Towers, Apt. 3J, Hudson Falls, 4'
Washington County, New York, i
! Inrty.., of the first pari,' and
WILLIAM A. THOMAS and BONNIE W. THOMAS, his wife, reaiding at
11 John Clenden Road, Queenabury, New York 12n4,
�artiae of the second part,
Witnesseth that the party of the first pare,in consfdaratlan a
' ------tee__.----- liar (3 1.00 J
C 1aWAMOMyi+fthe United States, and athar pod and valuable consideration
Paid by the PM Ina qr the second laps(, p as hereby grant and release alma the
parliea of the siucaw part. tholr Taira and amigm forever,
A1.1, THAT CERTAIN LOT 01 FARCE(. OT LAND Situate an [ha north share of Glen
Lake, fiEty (50) feat front along said Glen Laka and extending to a depth of one
hundrud and fifty (150) tact f#pbt luke eater mark, being the first lot west and
aaloietng a Lot owned'by ODD ,1o6 C. FitrCerald of Toledo, oltio, and formerly
m12ueA bit Vincent J. Corcoran and Anrin J. Corcoran, his uife.
I ALSO, ALL THAT OTHER PIECE OR PARCEL OF LAND Situate, lying and being in the
Town of Queenabury, Warren County, Naw York, bounded and described as follows:
BEING a plot of land fifty (50) £eet in width and sixty-live (65) feet in
depth and odjoining the rear of a lot heretofore conveyed I3y George Coffin to
i Martha E. Coulee, by deed data6 September 27, 1921, and recorded in the Warren
County Clerk'1s Office on Octaber 3, 1921, in Book 150 of Daods at Pnge 11.
' 13' BEING the intention to extend the depth of the lot described in the
I i aforesaid deed, and hereby conveyed, a distance of sixty-five (65) feet.
THERE IS .%SO CONVEYED with the above described premises a perpetual right
i of way' runnin5 through :u1d across the remaining lands of aforesaid Daniel Malan
adjoining the land convoyed herLwLth.
BEING the right ow way across and through lands further described and canveya
from Leonard Fosbrook and Dorothy Fosbrook, his wife, to William C. Rothmyer and
Mary C. Rothmyer by deed dated September 7, 1948 and recorded in the Warren County
Clerk's Office on September 9, 1948 in Book 268 of Deeds at page 556.
Raid right cE way described as baing over a roadway as it now aXIsto from the
Clan Lake Rand to the roar or flurthnrly bounda of the lake chars lands of willimo
t C. and Mftry C. Rvthmyar, and ot-hurs. Being eke same rand ap shmva in part an a
IINop of the Lande mimed by 21017trand 8.' Hibbard - Gcurge E. A1Len and other's" mmdr
by Leslie k. Gauiter and rCatad So
ptembor 30, i944. Thin flothmyar property 1a
designated on said map of "Cuf€in to K. Cmwlaa WIMP
"ERE X8 ALSO conveyed a perpetual tight of way'to use the ao�-called Hemlock
Road bairrg a roadway over.premlgaa described in a Bleed dated July , 1946 from
Leonard Foabrook and Dorothy Faabrook, to Harry C. Roscoe, and recorded in the
Marren County Clurk'a Office on July 3, 1946 in hunk 239 at page 322.
BEING the same premises described in a deed from Hugh James Riley and Jeanne
Riley, his wife to Ruth O'Neil Riley dated June 3rdi 1982 and recorded in the
Y) Warren County Clerk's Office on February 9. 1984 in Book 659 of Deeds at Page 525.
AU0 4 M 7 {
i
. 1
T1 ether walk the appurtetrances and ail the esrafe and rights of(he party
Of lire forrsf parr br and to acrid pramae,
a have and to hold fire propm-res herein grantod unto tyre parr 1 as Of
the
saearta'pan, chair hairs and assigns forever
Andsaid party of the first part
First, That the party of the second part shall quietly ceor f6j, the
as fvlbws;
said prerrrisos;
Second, That said party of the first part
ivill forever Warrant the title to said premises.
Third, That. rn Cantplif"Me "'A SVC. 13 of fhc Lien Law, the grantor twill
t'ecuive llte 004sideretiorr for this corrria),aace and ouill hold the ri lrr to receive strCh
cottsideral?hn as a trust frrrrd to be appifed first fvr the ptrrpwa o 00)'ing the cast of
rfrc improve meat and refill apply the came fr'rst to lire payruarrt of lire cost of taro
in+{�,a► trterrt Ware using ar{vparl of fire totorl of tits s0111e for at&otherlrrrrpose.
In Witness Whercoi,file party of 1100}first part has hereunto set her
hand and seal the flayY and year rst abor,e written.
IN PRESENCE OF au
t
R O'NEIL RIUEY
State of New York
County of warren
1 On this 14rh afar of August,
Nhoefeerr Nurrdrad and Niirer '
before ire,the subscriber;personally appeared RUTH O'NEIL RIL1:Y,
to Otte parsouatly known mud known to rare to be the same person described in and
who exmited she witltiOt lrrstrrr+rretlt, and a he acknowiedged
to rile that a he a mined lire same.
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