Loading...
ApplicationBumped from August 2009 to: September 2009 ZBA review ~ g ~ cn~' pv~fS-aw9 A licant s : PP ~ ~ ~ ~` G Management LLC BUMP TO SEPT 09 Area Variance No.: ~ - -- --~ 45-2009 Owner~_ D & G Management LLC SEQRA T e: ----- Unlisted Agent s : -- VanDusen and Sieves Lot size: 4.12 acres Location: south side Sherman Avenue opposite Lu ine Lane Zoning: CLI - -- ~__ Tax Id No.: - - - - - --- --.-_ 309_.5-i-1.2 ___ - -- -_-- - Section: 179-4-050 I------ R t 4 0 ---- -- --- I u ust t2, 2009 Public Hear in : Au ust 19, 2009 _ _ Ad ro dock Park A enc ; a _ __ _ Protect Description: Applicant proposes construction of a 6,000 sq. ft. light industrial building and requests relief from ~ _ road frontage requirements. TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 5 t 8-761-820 t July 15, 2009 D & G Management P.O. Box 224 Glens Falls, NY .12801 Re: 6000 sf Industrial Use Building Tax Map Parcel: 309.5-1-1.2 Dear Mssrs Drellos: I am writing to you in response to your proposal for the construction of a 6000 sf industrial facility at the above referenced location. I have reviewed your proposal and find that an Area Variance will be necessary should you. wish to proceed with the current plan. Specifically, a variance is necessary as your proposal calls. for the construction.. of your facility. on a parcel having no frontage on a public highway. I understand that you are currently preparing an Area Variance application for this proposal. Placement of your application on the Board agenda is subject to the submittal deadlines as outlined in the application.. Should you have any further questions please do not hesitate to contact me. Sincerely, -TQ ~ of Queensbury _,,,~ ,.~~ Cr.'g Brown Zoning Administrator CB/sh L:\Craig Browm\2009 Letters\Denial D&G Mgmt 7_15_09.doc "HOME O~ NATURAL BEAUTY ... A GOOD PLACE TO LIVE" SETTLED 1763 Revised May 2009 General Information Tax Parcel ID Number: ~0 9 . S'` ` / _ f , Zoning District: ~ G ~ Detailed Description of Project [include current & proposed use; ,ypp~~carai rvame• ° LJ B ~ ),Address . ~ ~p cJX Z-~ r;; ~ ~~ Home Phone ~ <: ; rt Cel! f i~ ~ , ~, ~ ~ l r wof;ic Pho~e ~ I i'. ~ ~ i /t.~ sHi^~G~ : ~r Fax ~ ~ ~ 9Z 7 s'r 7 F . ~, ~ , _ ~ - r {~ ,~ ~I F~ g i~ ~ t ~ ~s+~ 1 ~ ~` ;~ ; ~ a , , ti ~ ~ `" ~ r ,,b ." `" J a. ~~ ~~ ~ s ~ r r ~ r ^' ~i>~ ~ ~ ! .~,~ Ar ,~+ ` ~. '< s . r ,:; x, .tt~ ~ r . i Agent's Name • '1 •i /¢ Addr e~ /~~ ,~ Y .i ~ ~ , ~r c ~~ ~ ~.f x ~~ ~ Home Phone ~ . Cell _ _ , , d~~ ~ Work Phoj~e ~~ ~ ~~•' F,a~ ~ ~. 4 ~' 111Q~) '4 2 t' ~ S -~i4 r/~44. y~j~l 4 ''~~~ //~~A Y / V i ) c t l l Ss , { •y'. Owner's Name '<; /~rh..Yfye~~eJ; ~rAddress:~ ~ a~C Z L-~/ , Home Phone -;~~!! t ~ ~ Work Phone - ~ laic ~ i E-mail ` -- - ~ i . Town of Queensbury Planning Office- 742 Bay Road •Queensbury, NY 12804 • 518-761-8220 2 Pre-Submission Conference Form X179 4 0401 Revised Ntay 2009 1. Tax Map ID ~ 9 , S^ _. l- ~`, 2. Zoning Classification ~ ~ ~ 3. Reason for Review: ,,~/,~f ~D~q/U ,~~~jyw ~~' ~~~ j ~.U~~~~~L 4. Zoning Section #: / 7 ~'°~ 5. Pre-Submission Meeting Notes; Outstanding Ite~~ To Be Addressed Include: Deed Yes No General Information complete ~ Yes No Site Development Data Complete Yes No Setback Requirements Complete es No Additional Project Information Complete Yes No FAR Worksheet complete Yes ~°No Standards addressed Yes +/ No Checklist items addressed Yes ~ No -~-~A,~9i~VE C,x~lw'Ai~~• Environmental Form completed Yes No Signature Page completed Yes ~ No t,~,~4'/ur,,E~S %~irr~'~~AQf° ~~~`~~ ©uT ~w ~i9~'AT/uC s. ~1A~~irlr- . Town of Queensbury Planning Office 742 Bay Road •Queensbury, NY 12804 • 518-761-8220 -fan Dt~,s~~ Steves Land Surveyors 169 Haviland Road Queensbury, NY 12804 July 9, 2009 Town of Queensbury Planning Board 742 Bay Road Queensbury NY 12804 RE: D & G Management; Upper Sherman Ave (opposite Lupine Lane); tax parcel 309.5-1-1.2 Zoned CLI Dear Chairman and Board Members: Our client, D & G Management LLC, owners of the above referenced property is seeking site plan review for the proposed construction of a 6000.00 square foot building. We are currently seeking a variance due to the fact that the property is landlocked and has no road frontage. The reason for the submission of the site plan is for you to review and make a recommendation to the Zoning Board and because of that reason, we ask for a waiver for a grading and drainage, landscape, lighting and stormwater plans, only until such time as the requested variance is either granted or denied. In the case of an approval of the variance we will then resubmit a full site plan review including all the above items. We have been in contact with National Grid, owners of the property in which we would like the access drive to be placed, and they have requested that we obtain the required variance before moving forward with a permit from them, so therefore we can then move forward with a full site plan review. In regards to the requirements for site plan approval in your standards of section 179-9-080, we offer the following responses for items A-O: We will comply with all requirements of the chapter as specified in items A-O and we will have a narrative description and response to each item upon submission of a full site plan review. Phone: (518) 792-8474 Fax: (518) 792-8511 Web: www.l-survey.com Should you have any questions or concerns regarding this matter, please do not hesitate to contact me. Thank you. Sincerely, ~~~ Matthew C. Steves, LLS -?.}' 'C.t.~~l`~ ~. Area Variance Revised June 2009 AREA VARIANCE APPLICATION REVIEW PROCESS 1) Required Pre-Submission meeting with staff to determine general completeness to be held no later than 1 week prior to deadline day. Call (518} 761-8238 for appointment. 2) Submittal of complete application: 1 original & 14 copies of the application package by monthly deadline. 3) 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. 4) Incomplete applications will not be considered for placement on any agenda until all missing information has been supplied. 5) Submittal to the Warren County Planning Board, if applicable. 6) Zoning Board meeting, generally the third and fourth Wednesday of each month. You will be advised in writing as to which meeting to attend. 7) 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. DOCUMENTATION REQUIREMENTS: Please submit 1 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 • Waiver Request: any request for a waiver from the applicant regarding submission requirements. • Copy of Deed • Survey: stamped, dated & signed • Fee ZONING STAFF 8c CONTACT INFORMATION Craig Brown, Zoning Administrator craigb(a)gueensbury.net Keith Oborne, Land Use Planner keitho(a~gueensbury.net Sue Hemingway, Office Specialist (518) 761-8238 Visit our website at www.gueensbury.net for further information and forms. Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Q Area Variance Revised June 2009 General Information Tax Parcel ID Number: ~ ~ . ~~-- /- f -~ Zoning District: ~ / _ , Location of proiect: Applicant Name: Home Phone ~ ~ ~" L c Address: Cell: , U, ~ x , Work: Phone ~ Z - Z .f'r Fax E-Mail: Agent's Name: ~//-~~1 D c~~~,...~ 'r "E'v~ S Address: 9 /- v ~L~~ is Home Phone Cell: Work Phone Fax E-mail ~~~ r s' Owner's Name ~ Address ~ v , G X. Z Z ~/ ~ ~~~ Home Phone Cell Work Phone ~ -~ZS Fax E-mail Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Detailed Description of ProieCt (includes current ~ nrnnncar- ~~~pl• Area Variance Revised June 2009 Site Development Data Area /'Type Existing sq. ft: Proposed Total sq. ft. A Buildin foot i t Additions `. ft. . g pr n o ~~~ ~~~ B Detached G . arage C. Accessory Structure(s) ~ v a D. Paved, gravel or other hard surfaced area t~ ~ C~ ~Z-C~U su'Z~ E. Porches /Decks ~ ~ F Other . G. Total Non-Permeable [Add A-F] ~ ~ ~ ~'/U H. Parcel Area [43,560 sq. ft. /acre] 7 ~ S"v ~ 7 7 ~S'. I. Percentage of Impermeable Area of Site [I=G/H] G~ ~ /_-' ~f ~ , ~ /c'~ Setback Requirements Area Required Existing Proposed Front [1] ~/ J VV V ~r ~® Front [2] ~ / J - Shoreline S'~ '"- °~ Side Yard [1] ~d ,~S'- Side Yard [2] ~C~ ~lJCj Rear Yard [1] "~' ~® Rear Yard [2] ~ CJ --. .~. Travel Corridor Height [max] w Permeability U ~ v ~ No. of parking spaces ~ ~ Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Additional Project Information 1. Will the proposal require a Septic Variance from the Town Board of Health? ~ U 2. If the parcel has previous approvals, list application number(s): _ N~~ 3. Does this project require coverage under the NYS DEC Stormwater Pollution Prevention Program? ES 4. Estimated project duration: Start Date _lU - O 9 End Date ~ f~_ 5. Estimated total cost of project: 6. Total area of land disturbance for project: ~ /`f~- Floor Area Ratio Qrlcsk~e.~t- .___..~__ .____4._.-. -- . `---~.. _~ ._ ~'F~QOR AREA RATIO (FAR) -- The relationship of building size to lot size, derived by ividing the total building floor area by the lot size in square feet, yielding a percentage. Zoning District `~ ~` Symbol Flo Area Ratio [FAR) Waterfront Residential WR 0.22 Commercial Moderate ~,, CM 0.3 Commercial Intensive CI 0.3 A. The combined area of all square footage, ~s mea re from exterior walls of all structures on the property, including all floors of the structures, garages, basemen~t& d attics with more than five (5) feet of ceiling height and covered porches. Building square footage does not ' elude: Open deck, docks and that portion of covered docks extending over water and one storage shed of onhundxed twenty (120) square feet or less. Any additional sheds will be included. (See "FLOOR AREA RATIO' "~, B. Commercial or industrial: the total cea in square fee s measured from the exterior of the outside walls of a building or structure, and when applicable;~~he sum total of all fl r areas of the principal and accessory buildings or structures on the project site. ;~` Parcel Area s . ft. Existin Floor Area s . ft. see above definition Pro osed Additional Floor Area . ft. Pro osed Total Floor Area s Total Allowable Floor Area Area x see above table Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Area Variance Revised June 2009 Compliance with Zoning Ordinance Requesting relief from SECTION: _~? `~- _? ~" ~ ~'~/ (,~' Need relief from the requirement(s) listed below which can not b met by the project as proposed. (Check all that apply) ^ Setback -. Buffer Zone ~ ;Lot Width Other ~G>~> ~~c:~iy.~-.~= The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 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? '' .- 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? Whether the requested area variance is substantial? /~ ~~ J /~ 'S'it /~ '- wit l's ~ / $' ©// .S',~ -C'.~ ~G /t ~'~' ~ ~` ~ 7 ~ _~~_ ~ ~~ -~ ~ ~ /~ ice. ~ ~i~ ~ ,Z~ ~~ .-r ~ 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? 5. Whether the alleged difficulty was self-created? _~.~? - ~i92. ~ ~ Ii sir ~- ~.~-~, -~ ~ c1~,~ ~~ [ ~ // 1~~ ~ t Town of Queensbury • Zoning Office • 742 Bay Road • Queensbury, NY 12804 • 518-761-8238 4 Area Variance Revised June 2009 Submittal of a stamped and signed SURVEY MAP depicting existing and proposed conditions shall include the items as noted below. A' GENERAL -.SHOWN ON 1 Title, Name, Address of applicant 8 person responsible for preparation of drawing SHEET # 2 Deed 3 North arrow, Tax Map ID, date prepared and scale [minimum 11n. = 40 ft.] 4 Boundaries of the property plotted to scale, zoning boundary 5 Principal structures, accessory structures with exterior dimensions 6 Site improvements incl. outdoor storage areas, driveways, parking areas, etc.: existing ii< proposed 7 Setbacks for all structures and improvements: existing & proposed 8 Elevations and floor plans of all proposed and affected structures t B' WATER & SEWER SHOWN ON 1 Project sewage disposal facilities, design details, construction details, flow rates, and number of bedrooms proposed SHEET # 2 Water supply [i e well] & se ti d i i . . p c on a jo n ng lots with separation distances to existing or proposed on-site water supply and se tic 3 Separation distances for proposed sewage disposal system to well and water bodies ~ 4 Existing public or private water supply [well, lake, etc.]. Method of securing public or private water, location design and , construction of water su I includin dail water usa e 5 Percolation test location and results C. PARKING /PERMEABLE AREAS SHOWN ON 1 Number of spaces required for project including calculations and justification: existing & proposed SHEET. # 2 No. of existin arkin s aces number to be remo d b 3 , ve , num er to maintain and t e of surfacin material e. ., ravel, aved Provision for pedestrian and handica access and ki p par ng: existing ~ proposed C 4 Design details of ingress, egress, loading areas and cutting: existing & proposed I 5 Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed ' 6 Lighting, location and design of atl existing and proposed outdoor lighting 1 D. ADDITIONAL SITE DEVELOPMENT AND MISCELLANEOUS SHOWN OM 1 On-site & adjacent watercourses, streams, rivers, lake and wetlands SHEET. # R 2 Utility /energy distribution system [gas, electric, solar, telephone]: existing & proposed 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. ( 4 Square footage of bldg. area proposed for office, manufacturing, retail sales or other commercial activities: existing & ro osed e Signage: Location, size, type, design and setback: existing & proposed f Waiver Request: provide letter with application requesting any waivers: please reference specific items g Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading & Lighting Plans h Identification of Federal, State or County permits required for the project together with a record of application for all necessary ermits Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 Pre-Submission Conference Form f179-4-040 Area Variance Revised June 2009 1. Tax Map ID _,JC'>`~y .~ . ~' _. l - 2. Zoning Classification ~G / 3. Reason for Review: __,~C'.'~~ t,E~C:1~°%~ ,_t=" (,/~,/~/,,~~~!C./` 4. Zoning Section #: / ~ ~~ ~ ~ ~ !'~~-~'~ . 5. Pre-Submission Meeting Notes; Outstanding Item s To Be Addressed Include: Deed General Information complete // V Yes 4J Y No Site Development Data Complete es - / Yes No No Setback Requirements Complete Yes No Additional Project Information Complete Yes No FAR addressed ~~ Yes ~~~ No Compliance with Zoning Ordinance Checklist items addressed Yes ~"- No Environmental Form completed Signature Page completed Yes ~~ Yes / Y No No es No -yak' l~=9%~ y/~G~~I C.~'G~ ,~,~,dL~C.~Trc'~ 2,~ b~~~.~ L- t.-~.i~:i~~. Staff Representative:~~M. N~~-~ Applicant /Agent: Date Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 6 Area Variance Revised June 2009 14.70.4 (11!951-Text 12 PROJECT I.D. NUMBER st~.zo SEAR Appendix C State Environmental puality Rerlew SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be comolatari t,., e....u...._. __ .,__~__. --^ -s ^rr~~~ant vi rroieCi SpOttSOr) t . A LICANT lSPO OR ~~ `~ JECT NAME ~t r 0. PROJECT LOCATION: Municipality ~ ~ .+ Count 4. PRECISE LO~C/ATION (Street address and road in t ns, pro r/sectio min ent landmarks, etc., or provide map) ~e / ~ f ~ ) ( 5. IS PRO SED ACTION: New' ^ Expansion ^ Modification/alteration 6. DESCAtBE PROJECT BRIEFLY: 7. AMOUNT OF LANO AFFEC ED: .~ / Initially acres Ultimate) ~/ acres 8. WILL PROPOSEDION COMPLY WITH EXISTING 20NING OR OTHER EXISTING LAND USE RESTRICTIONS? ^Yes N o If No, describe briefly r ~,~ ~ ~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ^ Residential ^ IndustNal merciai ^ Agriculture ^ ParWForesVOpen apace Describe: // ~~ ^ Other 70. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAIy? [[[[----yy~y ^Yes ~NO It yes, list agency(s) and permiVapprovals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR AppROVAL? ^Ye ~ ~ s No If yes, list agency name and permiUapproval t2. AS A RESULT OF ROPOSEO ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ^ Y es No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRVE TO THE BEST O Applicant! onsor n ate: ~~ ~~J~ Signature: li the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 ~ Area Variance Revised June 2009 Signature Page 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: Variance Site Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: Book Page Date OWNER SIGNATURE: DATE: APPLICANT'S AGENT FORM: Complete the following if the AP ICA T is unable to attend the meeting or wishes to be represented by another party: Owner: ~~ ~t7/a~..Y~~ Nro,J i- / l C, Designates: /1_Q,J f~~ ~ C...~' 1 ~; „r-r- As agent regarding: F,~-Ta cZMap No.: OWNER SIGNAT once Site Plan Subdivision on ~ Block /•Z Lot _~_ Page /~_ Date DATE: ~- i c~ CIVta~rvttK~nli rtC u15cLOSURE: Applications may be referred to the Town consulting engineer for review of septic design, storm drainage, etc. as determined by the Zoning or Planning Department. Fees for engineering review services will be charged directly to the applicant. Fees for engineering review will not exceed $ 1,000 without notification to the applicant. 3.) AUTHORIZATION FOR SITE VISITS• By signing this page and submitting the application materials attached herein, the Owner, Applicant, and his/her/their agent(s) hereby authorize the Zoning Board or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submitted. 4.) 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.) OFFICIAL MEETING MINUTES DISCLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the proceedings of meetings resulting from application, and minutes transcribed from those, tapes constitutes the official record of all proceedings. 6.) AGREEMENT TO PROVIDE DOCUMENTATION REQUIRED: I, the undersigned, have thoroughly read and understand the instructions for submission and agree to the submission requirements, I acknowledge no construction activities stli~ll be commenced prior to issuance of a valid permit. I certify that the application, plans and supporting materials area .true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in a~`cordisnce with the approved plans and in conformance with local zoning regulations. I acknowledge that prior to occupying the facilities proposed, I or my agents, will obtain a certificate of occupancy as necessary. I also understand that I/we may be required to provide an as-guilt survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy la a read agre the above. J~. ~rectrJS • ~ 9- Print Name [Applicant] Datee si ~'!~: ~'/tea ~~-4L ~--.~---~.s°'- ` ,~9 ~ e9 gnature [Agent] print Name [Agent] Date signed Town of Queensbury • Zoning Office • 742 Bay Road •Queensbury, NY 12804 • 518-761-8238 9 T. "'..a,._ ~r'_ • .~ V eta ^' PHIS INIIENYpgB, made the ~~~,~ I o Nineteen Hundred and Eighty-E1 t d+Y of ,~ Between GEORGE L. FERRIS reaidinb ae 38 Clark Street, Clsna Falls, Nav York •~ --w, ~~:A.L ES,TATE '~ JAN 51989 TRANSF'cR TiU( w~:;:,Jv ca~.,mr ~ r party of th• first part, and DANIEL C. DRELIA9 resldinb at 28 Laurs2 Lana, Glens ee^alls, Nav York and GEORGE A. DRELLOS restdina at 27 Fox Hollow Road, Clsns lolls, Nav York, as tenants in common, parties of the second pert, WITNESSETH chat the party of the firer part, in eonatderation oL lawful money..of•'ths ~~ ONE ........................ consideration paid b united States, and Dollar ($1,00) y the parties of the second her good and vsluabls ^nd release unto ehs parties of the second Part, does hereb forever, •11 pert, their heirs and assigns the Town of Queonabur THAT CERTAIN ylECouneypotCpar~~n~D situate, lying and being in described as follows: Stat• of Nav York, bounded end Commencing at a point on eha southerly bounder Niagara Nohewk Power Corporation, said point bein f°ee along a course South 7 de rasa Y of ehs lands of soueherl g 18 minutes 00 a• tends Hasa[ f $533, B7 y line of Sherman Avenue, said plats of beginnin from the northaastorly corner of property of the premises of Phil! H, 8 eha Cathy Hucitor, his wife, 8 bein rho aforesaid aoutherl and from acid point or place of beginningaelond thence continuing Y Iine of Niagern Nohewk Power Corporation, 8 attends gnat a along said course of South 7 de teas from distance of 218.35 feet to • point, geld po nt being the southoaatorly corner of the premises of the perry of ihs first p from [hence running North 80 degrees 06 minutes 10 seconds goat s Point, sold arc; point being Cho eouthwoatorly corner of the 814'24 foot to Party of rho first part; running thence north 1S dogre°sp 14 lminutos t40 secor,da {.'oat 26.69 foot to s point along the southerly bounder lands of Niagara Nohewk power Corporation; from thence runntn N degrees 11 minutes 00 Y of rho b°r„lnnin said seconds East 891.51 foot the B orth 8S g. rcmisaa contalr.ir. 2.422 acres morep ctntl ~~ piste of 1r,tendod to conveP 8 y premises lying between the northerly site of tt is of rho party of the second part end the southerl Premises y boundary line of the ,Pry . _.... -__.._.._t._i___..__-_. -_ - _ ~. _ . 1 pro:~'sas oC ;+lagara !~ol:avk Fo•asr Corporatian, It is undo~atood by tho parties }.orato t`:et t!:• P3iicahi t,aaiorccharo~ghfa;aeing carva~ed vlthout s canva~ad 3ccaaa to s p g;w Y 3a1r.g a port!on of the prar_isea convxyod by deed of David A. Fsrria to chs potty of cho flrat party datod September 30, 1496, and rscordad in the Uarran County Cle:k'a Office October 6, 1986, in 9cak 635 of Daada at pago 662. Togothor vith the appurtu^ancaa ar.d all cos aatata and rights of r!, .j party of the f!rac part in and to said prsmi3os, To loss a:~d to bald chs p:aniiaa herein gca:;cad ants the partiaa of the ~acond part, their hairs and aASig~s foravor, And the party of the flrat part :o•rena.^.ta as fotlo~.~a: First, :1'.at the parties oP the gacond part shall qulatly an; ay c`.a said praasoa; Second, :hat [hm party of cho first part will faravor Uarrant the title to said pramisas, Third, That, in Co;rplianca wlth Sac. 13 oP the Lian Lev, the grants[ vill racaivo the consldaration for this can-,aysnca and vi11 hold the right to receive such tanaideration na a mist fund to ba applied first for the purpose of paying the coat of the impro~amant end will apply chs aa,na first Co the pay7ant oL the cost of the improvanar,t Sefora using any part of the *_otal of the gams for any athar purpose. In Bltneaa ST:9raof, the ?arty of the first pare has hereunta net his h.a^.G and axal the dsy and year first '~ava •+rit~n. i IN PkY.s&:~CB OP /~f~~ce ~ ~aals )SS.: ~ , 1999, tin`aro mo, On this .r,_l,q_~ ,.ay of _,(,~~.:~..!T a ~L~__~..., ~ha 3.;;scciher, parianaliy sppaared ~~ ,;.CE L F~::RIS Ca ~a know[ a-d k.^.cwn to oa to be rt:s Qi;sa po:aon daacr!bad In and who axacu:sd the rit}:in Ir,3cr~suapC_;~~::^~`;a dcly acknawiadoad co ae that }.a aYec`aad C;-.a same. i ~ / ~ 1 ,iAM S i 31 F%~ ARC NU?.~7Y F' ~..IC 7~fo T2z,b !~.e .V^O 1R1. ~Pa'r7 P-a ~~:r ~£~a teat !!n+ ~~ ~. ABR '3U: At ~., I!. _518 CAA C1KRt ~i V.EiM~:`.~~, : Via.5 :._~,.1 ~ a0 T j , 5 { f ~, . '. ~ • { (~ - ` 1 ' a ~, {` ~ x ,{. y[ 1,. '' { { 3R I p~ ~. r t. k ~ i ii ~ ..5 {~ 1 .'{ { j 15 •i !' x: i t ' [ ~' i ~ : i~ ~ { i I~~r°; i~ 'I