Loading...
2.04 2.4 PROPERTY PURCHASES OR ACQUISITIONS\PROPERTY-Accept From Queensbury Land Conservancy for Ogden Road Cemetery—7-15-19 RESOLUTION AUTHORIZING DEDICATION OF LANDS AND WARRANTY DEED WITH LIEN COVENANT AND RIGHT-OF-WAY EASEMENT FROM QUEENSBURY LAND CONSERVANCY, INC., FOR OGDEN ROAD CEMETERY RESOLUTION NO.: ,2019 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Land Conservancy, Inc., (QLC) is the owner of certain lands located off Ogden Road in the Town of Queensbury having a tax map number of 315.-1-8.3 and wishes to convey title of a cemetery parcel located in the interior of the parcel to the Town of Queensbury as well as grant a Right-of-Way to the Town in order to access such Ogden Road Cemetery property,and WHEREAS, the Town has exempted itself from its subdivision rules in a situation like this, and WHEREAS, a Warranty Deed With Lien Covenant and Right-of-Way Easement is presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes and accepts the dedication of the Ogden Road Cemetery and transfer of the .02 acre parcel of land located off Ogden Road in the Town of Queensbury being a portion of a parcel having a tax map number of 315.-1-8.3 known as the Ogden Road Cemetery property from the Queensbury Land Conservancy, Inc., and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Warranty Deed With Lien Covenant and Right-of-Way Easement substantially in the form presented at this meeting and any and all documents necessary to complete this transaction, including, without limitation, any further agreements in form acceptable to Town Counsel, Real Property Transfer Report and TP-584 and the Town Supervisor, Cemetery Superintendent, Town Budget Officer, Director of Planning, Zoning and Code Compliance and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. Duly adopted this 15th day of July,2019,by the following vote: AYES : NOES : ABSENT: WARRANTY DEED WITH LIEN COVENANT AND RIGHT-OF-WAY EASEMENT DATE OF DEED: , 2019 GRANTOR: QUEENSBURY LAND CONSERVANCY, INC., a Not-For-Profit Corporation organized pursuant to the laws of the State of New York 169 Haviland Road Queensbury, New York 12804 GRANTEE: TOWN OF QUEENSBURY a municipal corporation of the State of New York 742 Bay Road Queensbury, New York 12804 WITNESSETH WHEREAS, Grantor is the owner of certain lands which are located off Ogden Road in the Town of Queensbury, County of Warren and State of New York, having a Tax Map number of 315.- 1-8.3 and being more particularly described in the deed recorded in the Warren County Clerk's office in Book of Deeds 5261 at Page 54 on November 9, 2015 (the "Grantors' Property"); and WHEREAS, Grantor desires to convey a cemetery parcel located in the interior of Grantor's parcel and being more particularly describe in the Schedule A to the Town of Queensbury (the "Cemetery Property); and WHEREAS, Grantee requires a right-of-way in order to access Cemetery Property; and WHEREAS, Grantors previously granted an easement in favor of Open Space Institute Land Trust, Inc. by Conservation Easement being described in a deed recorded in the Warren County Clerk's office in Book of Deeds 5261 at Page 59 on November 9, 2015, requiring Open Space Institute Land Trust, Inc. permission in writing for further conveyance of the Grantor's Property; and WHEREAS, Open Space Institute Land Trust, Inc. has approved, in writing, the conveyance of the Ogden Cemetery, consistent with Sections 3.07(b), (c), and (a) and 3.09; and WHEREAS, Open Space Institute Land Trust, Inc., assigned and the Town of Queensbury assumed rights and duties pursuant to the Conservation Easement Assignment and Assumption Agreement dated November 8, 2018 and recorded in the Warren County Clerk's Office on June 27, 2019 at Book 5948 of Deeds, Page 33; and WHEREAS, the Town by accepting this Warranty Deed and arranging for it to be recorded, approves as per the Assignment and Assumption Agreement, the granting of the Cemetery and Right-of-Way Easement included herein; THIS WARRANTY DEED made between Grantor and Grantee on the date stated above WITNESSES THAT GRANTOR in consideration of One Dollar($1.00) lawful money of the United States and other good and valuable consideration, paid by Grantee, DOES HEREBY GRANT AND RELEASE UNTO GRANTEE and his heirs and assigns forever all that property located at: Parcel off of Ogden Road Town of Queensbury County of Warren State of New York Portion of Tax ID No.: 315.-1-8.3 (THE PROPERTY IS DESCRIBED MORE FULLY IN SCHEDULE A ATTACHED) The Grantors further hereby grant, release, transfer and convey to the Grantee, its successors and assigns forever, the right, privilege and authority to construct, maintain, operate, repair, replace and/or any other activity necessary to install and maintain a right-of-way for ingress and egress for Grantee's access over the Grantor's property, being thirty feet (30') wide, fifteen feet (15') to each side of the center of the line identified as" R.O.W. to Cemetery" in the Schedule B map attached hereto, situate in the Town of Queensbury, County of Warren, State of New York. The Grantee and its heirs, successors and assigns may remove from within the boundaries of the permanent easement described herein any obstruction which may interfere with the access to or the installation, repairing, replacing, maintaining or use of said utility easement area. This Easement shall run with the land and be binding on the parties hereto and their respective heirs, successors and assigns and benefiting and becoming permanently appurtenant to the Grantee's Property. Grantor hereby warrants that it has fee simple title in the area of land or property comprising the easement area and right-of-way described herein, and that it has good and lawful right to convey the rights conveyed by this instrument to the Grantee. THIS GRANT IS MADE: TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises. TO HAVE AND TO HOLD the premises granted by this Warranty Deed unto the Grantee and his assigns forever. AND THE GRANTOR COVENANTS as follows: FIRST: That Grantee shall QUIETLY ENJOY said premises; SECOND: That Grantor will forever WARRANT the title to said premises; THIRD: THAT, IN COMPLIANCE WITH SECTION 13 OF THE LIEN LAW, 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 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. If there is more than one Grantor or Grantee, the words "Grantor" and "Grantee" used in this deed includes them. 2 IN WITNESS OF THIS CONVEYANCE, Grantor has executed this WARRANTY DEED on the deed date stated above. IN PRESENCE OF QUEENSBURY LAND CONSERVANCY, INC. BY: (L.S.) LEON STEVES, President STATE OF NEW YORK ) )ss.: COUNTY OF WARREN ) On this day of , in the year 2019 before me, the undersigned, personally appeared Leon Steves, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public REAL ESTATE FORMS\Warranty Deed and ROW Easement Queensbury Land Conservancy to Town of Queensbury-July 2019 3 $ SCHEDULE A ALL that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at an iron rod set in the ground for a corner at the northeast corner of the parcel being described herein and located South 16 degrees, 55 minutes and 07 seconds West, at a distance of 1536.65 feet from the southeast corner of the lands conveyed to the Town of Queensbury and by Queensbury Land Conservancy by deed dated April 25, 2016, recorded in book 5407 of deeds at page 313, being also the northeast corner of the parcel conveyed to the Queensbury Land Conservancy by deed dated October 29, 2015, recorded in book 5261 of deeds at page 54; running thence from said point of beginning South 01 degrees, 34 minutes and 47 seconds West, a distance of 28.00 feet to an iron rod set in the ground for a corner; thence running North 88 degrees, 25 minutes and 13 seconds West, a distance of 42.00 feet to an iron rod set in the ground for a corner; thence running North 01 degrees, 34 minutes and 47 seconds East, a distance of 28.00 feet to an iron rod set in the ground for a corner; thence running South 88 degrees, 25 minutes and 13 seconds East, a distance of 42.00 feet to the point and place of beginning, containing 1,176.00 square feet of land to be the same more or less. Bearings given in the above description refer to magnetic North. This conveyance is subject to a perpetual conservation easement which runs with the land and which was granted to Open Space Institute Land Trust, Inc. by the Queensbury Land Conservancy, Inc. by instrument dated October 29, 2015 and recorded November 9, 2015 in the Warren County Clerk's Office in Book 5261 of Deeds at Page 59, which was assigned to the Town of Queensbury pursuant to a Conservation Easement Assignment and Assumption Agreement dated November 8, 2018 and recorded in the Warren County Clerk's Office at Book 5948 of Deeds, Page 33. TOGETHER with and SUBJECT to all enforceable covenants, easements, restrictions and conditions of record. Being a portion of the premises described in a deed dated October 29, 2015 from Open Space Institute Land Trust, Inc. to Queensbury Land Conservancy, Inc. and recorded in the Warren County Clerk's Office on November 9, 2015 in Book 5261 of Deeds at Page 54. 4 • • ' TRAIL DISTANCES ''....—\--VT V-1•1 .-Ck i-2-3-4-5-G-7-8-9=10-I I-12-13-I =6530'OR 1.24 ILES I-2-3-4-5-6-7-8-9-12-13-1 =G 150'OR'I.16 MILES i. • �9g0� ti,�Y4w^a t 1-2-3:6-7.8-9-I O-I I-12-I S-I =4306'OR 0.81 MILES �\ I-2-7-8-9-IO-11=12-i3-I =3567'OR0.67MILES 10.44, 1-2-3-4= 16G0'OR 0.31 MILES :� 4-13(RED TRAIL)=h942'OR 0.94 MILES f `. 13-1 =65711 'OR 0.1 2 MILES �rGO `� e_ •LTERNATE TRAILS ARE OLD A.T.V.TRAILS ' 1� • • \ +f1rG \ ) ( 09 • • ',l �� \� -c'�' t\ b �� rug""0uii°uwr RED TRAIL...„...... !!/�'•euy,• 404. ` \0��Y • ' ` • • '._: •1) y rorowOYllw OW/ -- ,,� , \\yip.✓' 'If:1 \`.,, '•• •` •�`:.:�j—',• \-'• •�,, v•'•. 1t lr •• nrrae:c.u.ut • • �'.. �tl 1, 4 D * • • , ,.... ,..• _,, • ,. . •''• I ',I "! YELLOW TRAIL •`�`' `�'.' 1.1 . , .•,, ,, ,, ..\, l' u te I ',V 1 ' ' i it .-''w — II I ' -i '•, arouu'."Y.inuo I `w,, ' II I I' 1 11•:\ r } �`` 1r i!! ill r t ', , •` 1. rf'' 1 ii \ �`\ ,1 /I 1l \\ It I, ..n.aauw'�a'.''OYw:.wuu.a.eW. \`• , i • • It } 'WWI b ! 7 rI_200' 411111 ��eu�wt„ a % 1 • ` • f, June 30,2076 ., ,. '... ����;�i ` !1 Trail Map of The p.. . •. MI s MI= `IIM .IT • L Big BayPreserve s y