3.07 3.7
Property Purchases or AcquisitionsTasement Supplemental WaterLine-Grant to Deborah and Stephen Richards—65 Hicks Rd—12-3-18
RESOLUTION GRANTING SUPPLEMENTAL RIGHT-OF-WAY AND
EASEMENT TO DEBORAH RICHARDS AND STEPHEN RICHARDS
RESOLUTION NO.: ,2018
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Deborah Richards and Stephen Richards have requested that the Town of
Queensbury, on behalf of the Queensbury Consolidated Water District, grant a Supplemental Right-of-
Way and Easement to Easement 4P-35, a permanent Right-of-Way and Easement for the benefit of the
Water District, regarding the Richards' property located at 65 Hicks Road, Tax Map No.: 297.7-1-26,
and
WHEREAS, the Town Board has considered such proposed Supplemental Right-of-Way and
Easement and wishes to grant it on behalf of the Town Board and Town Water Department as it will
not have an impact, effect or precedential influence on any proceeding by Town Code Enforcement,
the Town Planning Board or the Town Zoning Board of Appeals, and contingent upon Deborah
Richards and Stephen Richards paying all Town legal fees prior to execution and delivery of the
Supplemental Right-of-Way and Easement and paying all recording costs, and
WHEREAS, the proposed Supplemental Right-of-Way and Easement has been presented at
this meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury hereby grants and authorizes the Supplemental
Right-of-Way and Easement substantially in the form presented at this meeting to Easement 4P-35, a
permanent Right-of-Way and Easement for the benefit of the Queensbury Consolidated Water District,
to Deborah Richards and Stephen Richards regarding property located at 65 Hicks Road, Tax Map
No.: 297.7-1-26, contingent upon Deborah Richards and Stephen Richards paying all Town legal fees
prior to execution and delivery of the Supplemental Right-of-Way and Easement and paying all
recording costs, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Supplemental Right-of-Way and Easement, TP-584 Form and/or any other necessary
documentation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor, Town Water
Superintendent and/or Town Counsel to take any further action necessary to effectuate the terms of
this Resolution.
Duly adopted this 3rd day of December, 2018 by the following vote:
AYES
NOES
ABSENT:
SUPPLEMENTAL RIGHT-OF-WAY AND EASEMENT
Deborah Richards and Stephen Richards
(hereinafter collectively called "Grantor")
Premises: 65 Hicks Road, Queensbury,NY 12804
Supplement to Easement#P-35
Property Tax Map No.: 297.7-1-26
Grantor's predecessor in interest, Robert P. Rich, entered into a right-of-way easement
with the Consolidated Water District, hereinafter "Water District", Warren County, NY, and on
behalf of the Town of Queensbury and its successors or assigns pursuant to Easement #P-35, a
pennanent right-of-way and easement for the benefit of said Water District, which right-of-way
and easement was duly recorded in the Warren County Clerk's Office on September 13, 2004 in
Liber 1405 at Page 288. The Grantor has installed a wrought iron fence on a section of their
property which is placed over the easement referenced in Easement #P-35 and in violation of
said easement.
For and in consideration of the Water District permitting the Grantor, to keep said
wrought iron fence in its current location along the right-of-way or strip of land upon which the
easement was granted, the Grantor, their successors, heirs and assigns, agrees to the following
special conditions which supplement the existing Easement and does not replace it:
1) If and when the Water District determines it needs to access the water pipeline on
and under the Grantor's property and the Water District requires the removal of
the fence, then either the Water District or the Grantor Richards (if not an
emergency) shall promptly remove the wrought iron fence. If such fence is not
removed within one week of a non-emergency request, the Town Water
Department shall have the immediate right to remove it. The cost of removing the
fence will be borne entirely by the Grantor and the Town and the Water District
shall be held harmless for any damage to said wrought iron fence.
2) In the event the Grantor wishes to replace the wrought iron fence, Grantor cannot
rebuild it over any portion of Easement #P-35 and/or within such easement zone
and such replacement costs will be borne entirely by the Grantor. Any future
fence shall be installed in a location that complies with the Easement and the
Town Code. The Grantor will be responsible for any and all expenses associated
with the removal and reconstruction of the wrought iron fence and agree to hold
the Town and the Water District harmless regarding any such expenses or legal
expenses associated with that activity.
3) The Town is hereby authorized to add any expenses for legal costs it incurs
relating to this Supplemental Easement to the Grantor's property taxes.
4) All provisions of the existing Easement are affirmed and ratified.
DEBORAH RICHARDS
STEPHEN RICHARDS
TOWN OF QUEENSBURY
BY:
STATE OF NEW YORK)
)Ss.:
COUNTY OF )
On the day of , 2018, before me the undersigned, a notary public in and
for the said state, personally appeared Deborah Richards and Stephen Richards, personally
known to me or proved to me on the basis of satisfactory evidence to be the individuals whose
names are subscribed to the within instrument and acknowledged to me that they executed the
same in their capacity, and that by their signatures on the instrument, the individual, or the
person upon behalf of which the individuals acted, executed the instrument.
Notary Public
STATE OF NEW YORK)
)SS..
COUNTY OF )
On the day of , 2018, before me the undersigned, a notary public in and
for the said state, personally appeared , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same in his/her
capacity, and that by his/her signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
Notary Public
REAL ESTATE FORMS\Richards—Supplemental ROW and Easement—12-3-18