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2.06 2.6 Discontinuance of Portion of Big Boom Road—7-15-19 RESOLUTION CONSENTING TO DISCONTINUANCE OF A PORTION OF BIG BOOM ROAD AND AUTHORIZING SALE OF DISCONTINUED PROPERTY RESOLUTION NO. ,2019 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, The Saratoga Hospital (the "Applicant") is the owner of the parcel of land described as Tax Map No. 309.14-1-5 (the "Property") which is located adjacent to land owned by the Town of Queensbury between the Property and the portion of Big Boom Road that is paved and traveled by the public (the "Vacant Property"), and WHEREAS, the Vacant Property has been used unofficially by previous owners of the Property as a portion of their parking lots for decades and has not been used by the public for travel as a roadway, and WHEREAS, the Applicant wishes to purchase the Vacant Property for its own use in connection with hospital facilities, and WHEREAS, pursuant to New York Highway Law §171, the Applicant has made application to the Town of Queensbury Superintendent of Highways to discontinue the Vacant Property as a portion of Big Boom Road as described therein, and WHEREAS, it appears that the portion of Big Boom Road sought to be discontinued has not been used by through traffic for decades and has become useless, and WHEREAS, the Applicant has agreed to pay for relocation of a Town water main from under the Vacant Property to the right-of-way of Big Boom Road, installation of curbing and extension of the sidewalk adjacent to the Applicant's Property, and WHEREAS, the requested discontinuance will not affect use of the portion of Big Boom Road that is paved and used for travel by the public, and WHEREAS, a release from all damages (the "Release") has been received from the Applicant, which is the sole owner of lands affected by the discontinuance, and the consideration for such release has been agreed upon between the Town Highway Superintendent and the Applicant, and WHEREAS, the Town Highway Superintendent has confirmed that the portion of Big Boom Road sought to be discontinued is not used, maintained or needed for any Town purpose and is useless, and WHEREAS, upon review of all documents submitted, the Town Board finds that the portion of Big Boom Road sought to be discontinued is useless and unnecessary for Town highway purposes, and WHEREAS, the Town Board has determined that the fair value for such vacant property is $27,800 and wishes to sell it to the Applicant to merge with their adjacent property, and WHEREAS, the Town and the Applicant have negotiated an Agreement and the Town Board wishes to authorize such Agreement, a copy of such Agreement presented at this meeting, NOW, THEREFORE, BE IT RESOLVED,AS FOLLOWS: 1. The Town Board approves the consideration for the Release which has been agreed upon between the Town Highway Superintendent and the Applicant. 2. The Town Board consents to the discontinuance of the subject portion of Big Boom Road and the Town Board Members are authorized to execute a written Consent to the discontinuance. 3. Upon filing and recording in the Town Clerk's Office of the Order of the Town Highway Superintendent together with the Application, the Consent of the Town Board and the Release, the Town Clerk is authorized and directed to cause the Release to be recorded in the Office of the Warren County Clerk. 4. The Town Board agrees to sell the vacant property to the Applicant, The Saratoga Hospital, on the terms detailed in such Agreement. 5. This Resolution is subject to a permissive referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town Clerk to publish and post such notices and take such other actions as may be required by law. 6. The Town Board authorizes and directs the Town Supervisor to execute the Agreement and the Town Supervisor, Town Highway Superintendent, Town Clerk and/or Town Budget Officer to take such actions as are necessary to effectuate this Resolution. Duly adopted this 15th day of July, 2019, by the following vote: AYES : NOES : ABSENT : APPLICATION BY THE SARATOGA HOSPITAL TO TOWN OF QUEENSBURY HIGHWAY SUPERINTENDENT FOR DISCONTINUANCE OF A PORTION OF BIG BOOM ROAD WHEREAS, The Saratoga Hospital (the "Applicant") is the owner of the parcel of land described as Tax Map No. 309.14-1-5 (the "Property") which is located adjacent to land owned by the Town of Queensbury between the Property and the portion of Big Boom Road that is paved and traveled by the public (the "Vacant Property"); and WHEREAS, the Vacant Property currently is part of the Town's highway — Big Boom Road; and WHEREAS, the Vacant Property has been used unofficially by previous owners of the Property as a portion of their parking lots for decades and has not been used by the public for travel as a roadway; and WHEREAS, the Applicant wishes to purchase the Vacant Property for its own use in connection with hospital facilities; NOW, THEREFORE, pursuant to New York Highway Law §171, the Applicant hereby makes application to the Town of Queensbury Superintendent of Highways to discontinue a portion of Big Boom Road located in the Town and described on Schedule A attached hereto. [DESCRIPTION TO BE ADDED AS SCHEDULE A] as shown on the attached survey map of Environmental Design Partnership dated February 7, 2019 attached as Schedule B. We request that this portion of Big Boom Road be discontinued on the grounds that it has been used for parking by the adjacent parcel and not by through traffic for decades and has become useless for purposes of a Town highway. Dated: 'Tape /Z , 2019 TH AR7.0GA HOSPITAL BY . Title: fre ,(M.en-1' a,nc( CEO STATE OF NEWnYORK ) JaVat-, jss.: COUNTY OF `J On this Ivy' day of TM-ri e-- , 2019 before me, the undersigned, a notary public in and for said state, personally appeared il-rfq-do 6 ad lOoh , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ' Notary Public CJ Comm. Exp. 7/5/c / REAL ESTATE FORMS\Application—Saratoga Hospital to Highway—Discontinue Big Boom Rd Portion—3-28-19 q,71' ; ENVIRONMENTAL DESIGN \,, ,. j r PARTNERSHIP, LLP. 900 Route 146 Clifton Park,NY 12065. y (P)518.371.7621 (F)518.371.9540 edpllp.com _.., ..lia(intp?ltr• ;ity-,-,I c...vuu:nnr;,.. SURVEY DESCRIPTION DISCONTINUANCE OF A PORTION OF BIG BOOM ROAD TO BE CONVEYED TO THE SARATOGA HOSPITAL QUEENSBURY, NY ALL THAT CERTAIN TRACT,PIECE OR PARCEL OF LAND SITUATE in the Town of Queensbury, County of Warren, State of New York lying south of the southerly 2008 highway line of County Route 28—Corinth Road (Main Street), being a portion of the right-of-way of Big Boom Road as fronting on the easterly line of lands of The Saratoga I-Iospital as conveyed in Book 5688 of Deeds at Page 263 and being further bounded and described as follows: Commencing at the point of intersection of the southerly 2008 highway line of County Route 28— Corinth Road (Main Street) with the common division line of lands of The Saratoga Hospital as conveyed in Book 5688 of Deeds at Page 263 to the west and Big Boom Road to the east; Thence from said Point gfComnrencement and along said common division line, South 05 deg. 21 min. 30 sec, West, 3.56 feet to the Point of Beginning of the hereinafter described parcel of land; Thence from said Point of Beginning through Big Boom Road the following three(3)courses and distances: 1) South 52 deg. 10 min. 40 sec. East, 68.55 feet to a point; 2) South 28 deg. 02 min. 30 sec. West, 56.00 feet to a point of curvature; 3) Along a curve to the right an arc length of 65.65 feet to a point of cusp in the aforesaid common division line, said curve having a radius of 170.00 feet and a chord length of South 39 deg. 06 min. 20 sec. West, 65.24 feet; Thence along said common division line,North 05 deg. 21 min. 30 sec. East, 142.71 feet to the point or place of beginning of said parcel and containing 0.106±acres or 4,615±square feet of land. Said parcel made subject to any and all enforceable covenants, conditions,easements and 1 ENVIRONMENTAL DESIGN PARTNERSHIP, LLP. 900 Now York 146 Clifton Park,NY 12065 Shaping the physical environment (P)518.371 7621 (F)518.371.95.10 edpllp.com • restrictions of record as they may appear. March 21. 2019 Prepared By: Timothy J. McAlonen. PLS/z,\ln '(.OF NEWT �P �aSEPNti/ Q `°2s 0504.0 �� F61ANDS"� Town RO\V parcel to Saratoga I lospitai.doex • • • I FGFND• c'.�7 y Y. 9 ALO denotes Approximate Location of INV denotes Invert I I t v/'r•� I f {�j - BOL denotes Catch denotes Manhole R /P �t L� �� �l \ O t l. MAP REFERENCES; y Pole CB denotes Catch Basin NH denotes NOMola 1) Women County Reel Properly Tax Mop GAF denotes Copped Iron Rod Found N/F denotes Now a Formerly q Town of Oueenanury COAX denotes Connote NC denotes Nallonol Cr/d Utility Pole �tk 4 l {I I _>i' Section J09.1i CWS denotes Crosswalk Slonal NM denotes Magaro Mohawk utility Pole �t ^i ,�> F• (. Block I 01 denotes Crop Inle OH denotes°whom, 1 �i { Y • Z 3/♦ S t ax CAM denotes EI Irle Manhole OHUL denotes Overhead Utility Linea .P V `�. T Cot No. 3 COP denotes Edge o1 Pavement CLP denotes Ornamental Lamp Peal } f '1 ! T 1E ;- COS denotes Edge I Shoulder PE denotes Permanent Easement f i'�ri 13 Z . �+S )i i41 t f Gad E7 denotes FaceElectric Concrete R.O.W. denotes Rlphl /MWoyanhole t 1 's=l K it pFFO REFERENCE: Focc denotes rocs or eonc.et.tarn 5MH denotes storm of ( qg 1) RTLF LOUOEF MCC denotes Face I Granite Cure STM denotes storm ��5;A ` ~�t` •1, j��iy..l rt. (1 W(Deed) rP denotes Flag of TCMF denotes Tianguler Concrete Monument +� I \ I l T .A c Grantor: ...Won Rood West.LL pmonf Corp• CM denotes Cal Maier TP FI A �j +il' ill R 4 I, C Grantee: Adirondack dDDevelopment CV denotes Casa ValveMeier TSB den Telephone Pedestal 'f ` 1 j"@a��j' t• Dated: July 16.7017 HH denotes Hondhola TSP den Yoffie Signor Box •Trj ` \ _„J�. Recorded: July 19.2017 HP denotes Heat Pump TTP den Treffia Signe,Pole ,ill'-'.,� ,0,.4'lA;rya ,C `1.)-: Book 559J of Deeds at Page 2J6 IPF denotes Iron Pipe Found UP den Typical S Welly Pole { eanaea IegsY Shutoff \ F<T .y 4 R, t ® iZ ? � %� 'I' �- = r'i ORTH1rF 4i � t '� JsS• a o pq N 502-3_1.2 \ / / RiYE u CK TE N.ns G6Y gpIRONRSTATE RpU EXIT RAMP uaa N6ave'da'C, t �1�e ) .'L ,,. :: co INTE NORTHBOUND 181 NSan'aa•C•*. pt,"• 29..' \ cS r (i- ,�I.I�1 O n .*�`*iN: ii. T•aoY y.\ SITE LOCATION MAP 0 ' v_7_T: ]Teal• \ SCALE:r.z.000• � u nJlne•aa.0 T •• r'v ��.1�'`.a 1 rYp'pp•C O Q _---- • ,• ."\ .r pq.r ,. ' 19.ap' \ �.-NJ.37'Jp'[ . ~" .r.wrr.mr ' tf \ Z O .mow^ MJ53J•aGC� IT..0 •�/ nT N Oy a6.29' ._..v.� \ U. y U. si Y C 3' GEED REFERENCE No. I r ' '� " A. 1 0 o S\aM1. '.Q.• • %, ° . 'tit •'1• \ = 1 p8 Z K • • • . • ,.% ,ovi i ,6,..... .d .. ,..Rea .aeaaa.rw.nae>°:°T .....\\„, -.,•,\ _ rl_�.. _a00.9 1'�C...'aw-1>I.o p.tO w'' S]9T16'SO•w . '. . :70) 4=4". 11111# • • 11 %•• p6, , ^_ C� .. s..nr Sa A/Mf°I.2C. ]0.6.7V7'aa•w 60.p6 53p7pJ-�vZa .>Ja'• a .sw•w.,. r.•e„ryt.0 e1 t .%JPLP RABi:Air, , ; /•0"iybT txC ® ..�. 6695 / ik yoar- !Sj •w` • I--� MEINA BIG BOO M ROAD(RRw.won, aC51 ._ L-Lilo' —_ 5s07917•W AREA OF PROPOSED HIGHWAY i DISCONTINUANCE Le69.65. CH.65.24' 15 50. Pr..0OR106 ACRES Q)p p • ------------------------------ 1 • 0 • /r • war i • • .....• 1n=20' J 3g i f SHUT II.: 3 4 -�+�:4:'.'=.15,15. DRAFT _ ;Nat: s �.A. ... cp.pNic SCALE w II.were . w =o. 1 OF I RELEASE THE SARATOGA HOSPITAL, a New York not-for-profit corporation with an address of 211 Church Street, Saratoga Springs, New York 12866, for the consideration of One Dollar ($1.00) and other valuable consideration, hereby releases, for itself and for its successors and assigns, the TOWN OF QUEENSBURY, the Queensbury Town Supervisor, Town Board, Town Highway Superintendent and all other Town officers, employees, elected officials and agents (collectively, the "Town") and his, her, their or its successors and assigns, and each of their heirs, executors and administrators, and all other persons, firms and corporations, from all claims, demands, rights and causes of action for damages arising from the Town's discontinuance of a portion of Big Boom Road, located in the Town and running adjacent to the lands of The Saratoga Hospital known as Tax Map Parcel No. 309.14-1-5, pursuant to New York State Highway Law §171(2). The Saratoga Hospital grants this Release in full consideration for the discontinuance of such portion of Big Boom Road. The terms hereof are contractual and not a mere recital. The undersigned further states that he or she has carefully read this Release, knows and understands the contents of it, and signs as his or her own free act and with authorization from The Saratoga Hospital. THE S A OGA HOSPITAL BY: Name: Title: STATE OF NEW YORK ) ) ss.: COUNTY OF S!-itATOGA) On this �'`' day of CIE , 2019 before me, the undersigned, a notary public in and for said state, personally appeared AA1ce-u) CA NE , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that • he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. CYNTHIA LAUZON 4/1WA:IU LaNOTARY PUBLIC-STATE OF NEW YORKNotaryblic No. 01 LA61 89583 Qualified in Albany County Comm. Exp. My Commission Expires June 30, 20 9_ N:'Clients\QUEENSBURY\SARATOGA HOSPITAL\BIG BOOM DISCONTINUANCE\RELEASE.docx REAL ESTATE FORMS\Consent of Town Board to Discontinuance of Portion of Big Boom Road—7-15-19 CONSENT OF QUEENSBURY TOWN BOARD TO DISCONTINUANCE OF A PORTION OF BIG BOOM ROAD WHEREAS, The Saratoga Hospital (the"Applicant") has presented a written application dated June 10, 2019 to the Town Highway Superintendent pursuant to New York Highway Law §171 for discontinuance of a portion of Big Boom Road in the Town of Queensbury; and WHEREAS, it appears that the portion of Big Boom Road sought to be discontinued has not been used by through traffic for decades and has become useless; and WHEREAS, the Applicant has agreed to pay for relocation of a Town water main from under the area to be discontinued to the right-of-way of Big Boom Road, installation of curbing and extension of the sidewalk adjacent to the Applicant's property; and WHEREAS, the requested discontinuance will not affect use of the portion of Big Boom Road that is paved and used for travel by the public; and WHEREAS, a release from all damages from the Applicant, which is the sole owner of lands affected by the discontinuance, has been received and the Town Board has approved the consideration for the Release which has been agreed upon between the Town Highway Superintendent and the Applicant; and WHEREAS, the Town Highway Superintendent has confirmed that the portion of Big Boom Road sought to be discontinued is not used, maintained or needed for any Town purpose and is useless; and WHEREAS, the Town Board has consented to the discontinuance of the subject portion of Big Boom Road and authorized the Town Board Members to execute a written Consent to the discontinuance; NOW, THEREFORE The Town Board, after having examined all of the evidence, facts and circumstances, including, without limitation, the written Application and Release, hereby determines that the portion of Big Boom Road proposed to be discontinued has become useless and is not necessary for use by the public and consents to the discontinuance thereof. Dated: , 2019 By: JOHN F. STROUGH, Supervisor By: By: ANTHONY METIVIER CATHERINE ATHERDEN By: By: GEORGE FERONE JENNIFER SWITZER DUPLICATE ORIGINAL AGREEMENTS\Saratoga Hospital—Property Sale—April 8 2019 AGREEMENT The Town of Queensbury (the"Town")having an address of 742 Bay Road, Queensbury, New York 12804 and The Saratoga Hospital (the "Hospital"), having an address of 211 Church Street, Saratoga Springs,New York 12866 agree as follows: WHEREAS, the Hospital has purchased certain real property located at the intersections of I-87,Main Street and Big Boom Road in the Town of Queensbury as more particularly described in the Warranty Deed for the Hospital dated December 14, 2017 and recorded in the Warren County Clerk's Office at Book 5688 of Deeds at Page 263 (the"Hospital Parcel"); and WHEREAS,there is a parcel which is a part of the Town's Big Boom Road as shown on the survey map entitled Survey of Lands of The Saratoga Hospital dated February 7, 2019 prepared by Environmental Design Partnership,LLP attached as Schedule A with its metes and bounds description being attached as Schedule B (the"Premises"); and WHEREAS,the Premises has not been used for highway purposes for a number of years and was in fact used for a long time by persons parking to visit the previous Carl R's Restaurant;and WHEREAS, contingent upon completion of the discontinuance process by the Town, the Premises is not needed for Town highway purposes; and WHEREAS,the Hospital wishes to purchase the Premises to merge with and become part of the Hospital Parcel; and WHEREAS,the Town agrees to sell and the Hospital agrees to purchase the Premises upon the terms below subject to the contingencies detailed below. 1. Agreement to Sell. Subject to the contingencies herein, the Town agrees to sell and the Hospital agrees to purchase the Premises shown and described on Schedules A and B attached hereto. 2. Purchase Price; Expenses. The Hospital shall pay the Town the sum of Twenty- Seven Thousand Eight Hundred Dollars ($27,800.00) for the Premises. The Hospital shall pay all expenses associated with the purchase including, without limitation,transfer taxes,recording fees,filing fees,surveying and Town engineers. The Hospital shall pay Two Thousand Dollars($2,000.00)to the Town as a deposit with this Agreement. At closing, the Hospital shall pay the Town the remaining Twenty-Five Thousand Eight Hundred Dollars ($25,800) in the form of a cashier's check, attorney's escrow check or wired funds available for disbursement at time of closing without further authorization or condition. 3. Title. The Town shall deliver to the Hospital a Quit Claim Deed transferring all the Town's interest in and to the Premises, if any, at closing, subject to the Town's 2 easements of record and any other expenses. The Hospital shall be responsible for doing whatever title search it deems necessary at its expense. Such Deed shall provide that the Premises shall be merged with the Hospital Parcel to become one parcel. The Hospital shall provide the Town with a survey showing the Premises certified to the "Town of Queensbury" and a metes and bounds description provided by the Hospital's surveyor. 4. No Apportionments. There shall be no apportionments for taxes or other charges at closing. 5. Sale Contingent Upon Permissive Referendum. Under New York State Town Law Section 64(2), the Resolution authorizing this Agreement is subject to permissive referendum. Accordingly, this Agreement is contingent upon the necessary publication by the Town and the passing of the permissive referendum period without the filing of any petition consistent with Town Law requiring a referendum. 6. Discontinuance Process Required. This Agreement is contingent upon the discontinuance of the Premises as being part of a Town road. The Town cannot guarantee the discontinuance of the Premises. The Town Board must consent to discontinuance and then the Town Highway Superintendent must decide to consent to it. 3 7. Relocation of Town Water Main. A portion of the Town's water main along Big Boom Road is located on the Premises. The Hospital shall take all actions necessary to move the Town's water main currently located on the Premises and pay all costs associated with such relocation (including paying Town engineering costs) and place it partially within the Big Boom Road right-of-way. The Town Water Superintendent needs to receive,review and approve the plans in writing and in advance of such relocation by the Hospital. The Hospital's contractor shall guarantee such work to the Town for a one (1) year period after completion to the Town's satisfaction. The relocation shall be completed by December 31, 2019. The Town and its engineer must oversee the project. The Hospital shall provide as-built plans. This provision shall survive closing. 8. Curbing. The Hospital shall repair, replace and reinstall curbing along Big Boom Road to the Town Highway Superintendent's standards. This provision shall survive closing. 9. Sidewalk. The Hospital shall install a sidewalk along Big Boom Road extending to the existing sidewalk in a location which must be approved by the Town Highway Superintendent and the Town Planning Board. The Hospital shall provide its plans to the Town Highway Superintendent for his review and approval. It shall be a permanent requirement in the deed to the Premises that the owner of the Premises shall maintain and replace the sidewalk located on the Premises to Town standards and shall keep it clear of snow and ice. Such project shall be completed 4 by July 1, 2020. This provision shall survive closing and be included in the Deed from the Town. 10. Indemnification; Insurance. The Hospital shall indemnify and hold harmless the Town and the Hospital shall assume the entire responsibility and liability for and defense of the Town and to pay and indemnify the Town from and against any and all loss, damages, liability, cost or expense, including reasonable attorney's fees, court costs, settlements or judgments and arrears which the Town incurs because of injury to or death of any person or on account of damages to person or property, including loss of use thereof, or any other claim arising out of, or in connection with the Hospital's fulfilling its obligations hereunder,including without limitation, the obligations detailed in paragraphs 7, 8 and 9 above, regardless of whether such injuries are due to the negligence of the Town, its employees or agents or any other person. In order to protect the Town and to insure the Hospital's obligations to indemnify and hold harmless the Town, the Hospital shall purchase and maintain sufficient insurance to the Town's standards(see attached Schedule C),which insurance shall be for the benefit of the Town, its employees and elected officials, agents, contractors, subcontractors, successors and assigns. The insurance shall be placed with insurers licensed to do business in New York. The Hospital further agrees: (a) To name the Town as an additional insured on the bodily injury and 5 property damage insurance; (b) That the insurance is primary with any rights of subrogation against the Town waived. The Hospital shall provide satisfactory proof of such insurance prior to closing and shall continue until all obligations of the Hospital hereunder are satisfied and complete. This provision shall survive closing. 11. No Certificate of Occupancy Issued Until Terms of Agreement Are Completed. The Town and the Hospital agree that the Town shall not issue a Certificate of Occupancy for the Hospital's project until after the later of: (a) Closing; (b) The Hospital completing the actions required in paragraphs 7, 8 and 9 to the Town's satisfaction. 12. No Inspections or Representations. No Realtor. There are no inspection contingencies for this Agreement. The Town makes no representations or warranties regarding the Premises. No realtor was involved in this transaction. 13. Date and Place of Transfer. Transfer shall take place at Queensbury Town Hall 6 within thirty (30) days of the successful expiration of the permissive referendum period detailed in paragraph 5 above, or at such other time as both parties may agree. 14. Entire Agreement; Miscellaneous Provisions. All prior understandings and agreements between the Hospital and the Town are merged into this Agreement. This Agreement may only be modified by a written instrument signed by both parties. This Agreement may be signed in counterparts. This Agreement cannot be assigned without the prior written consent of the Town. Dated: ,2019 THE SARATOGA HOSPITAL TOWN OF QUEENSBURY BY: BY: ITS DULY AUTHORIZED JOHN F.STROUGH,SUPERVISOR REPRESENTATIVE 7 STATE OF NEW YORK) ss.: COUNTY OF SFh21+7O09) rr//j+1 On this oeT day of 3-)Ne in the year 2019 before me,the undersigned, a notary public in and for said state,personally appeared/ 4a0 esuatici 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 she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. CYNTHIA LAUZON 2�PaZ-� Las-, NOTARY PUBLIC-STATE OF NEW YORK rr�-C�A , No. 01 LA6189583 'Notary Public Qualified in Albany County My Commission Expires June 30, 20 20 STATE OF NEW YORK) ss.: COUNTY OF WARREN) On this day of in the year 2019 before me,the undersigned, a notary public in and for said state,personally appeared JOHN F. STROUGH,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 8 v'w P 1 1'ft 4' i°Zq ,,J:10 i i' •t,4 11 1 t � q�+a '��+ P �4CK tiQRTFt'1' �•.. 2 �`" Q. �$ tROND l /, r fn r AD ,,.,.��+ 4 0 alto LOCATION MAP8 �/ •" j 1t•'1 y O 6 0 Di r /^^ }C9 V} •— ....... III'''. 1� CIA i D'"s • SIG 130014 ROAD • r z t .y i .ten LI T i ,_L:'.. _ .� 1 OF 1 S ENVIRONMENTAL DESIGN PARTNERSHIP'LIP. 900 Route 146 Clifton Park,NY 12065. •,,, • (P)518.371.7621 (F)518.371 9540 edpllp.com - -: SI uphrg dir physical r,nt innnucoi SURVEY DESCRIPTION DISCONTINUANCE OF A PORTION OF BIG BOOM ROAD TO BE CONVEYED TO THE SARATOGA HOSPITAL QUEENSBURY,NY ALL THAT CERTAIN TRACT,PIECE OR PARCEL OF LAND SITUATE in the Town of Queensbury, County of Warren,State of New York lying south of the southerly 2008 highway line of County Route 28—Corinth Road(Main Street),being a portion of the right-of-way of Big Boom Road as fronting on the easterly line of lands of The Saratoga Hospital as conveyed in Book 5688 of Deeds at Page 263 and being further bounded and described as follows: Commencing at the point of intersection of the southerly 2008 highway line of County Route 28— Corinth Road(Main Street)with the common division line of lands of The Saratoga Hospital as conveyed in Book 5688 of Deeds at Page 263 to the west and Big Boom Road to the east; Thence from said Point of Commencement and along said common division line,South 05 deg.21 min.30 sec,West,3.56 feet to the Point of Beginning of the hereinafter described parcel of land; Thence from said Point of Beginning through Big Boom Road the following three(3)courses and distances: 1)South 52 deg. 10 min.40 sec.East,68.55 feet to a point; 2)South 28 deg.02 min.30 sec.West,56.00 feet to a point of curvature; 3)Along a curve to the right an arc length of 65.65 feet to a point of cusp in the aforesaid common division line,said curve having a radius of 170.00 feet and a chord length of South 39 deg.06 min. 20 sec.West,65.24 feet; Thence along said common division line,North 05 deg.21 mill.30 sec.East, 142.71 feet to the point or place of beginning of said parcel and containing 0.1061 acres or 4,6151 square feet of land. Said parcel made subject to any and all enforceable covenants,conditions,easements and 1 12 ENVIRONMENTAL DESIGN PARTNERSHIP,LLP. 900 New York 146 Clifton Park,NY12065 Shaping the physical environment (P)518.371 7621 (F)518.371.9540 edpllp.com restrictions of record as they may appear. March 21,2019 Prepared By: Timothy J.IvlcAlonen,PLS/zaln •• NFR'1- ,`P �OSEPy� p9 � t <9 < * o5oa7��% sF4.tANDS""- Toren ROW parcel to Saratoga llospilal.docx 2 13 Schedule C Town of Queensbury Standard Contract Insurance Requirements INSURANCE Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs and such insurance has been approved by the Town of Queensbury. WORKER'S COMPENSATION INSURANCE Contractor/vendor shall take out and maintain during the life of this contract, worker's compensation insurance and employer's liability insurance for all of his employees employed at the site of the project. GENERAL LIABILITY INSURANCE Contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability insurance in amounts not less than $1,000,000 (one million dollars) for injuries, including wrongful death, to any one person(s). $2,000,000 (two million dollars) aggregate. Property damage liability insurance in an amount of not less than$1,000,000 (one million dollars) for damages on account of any one occurrence. Or combined single limit of liability in amounts of$1,000,000(one million dollars)per occurrence and $2,000,000 (two million dollars) aggregate. OTHER CONDITIONS GENERAL LIABILITY INSURANCE 1. Coverage shall be written on comprehensive general liability form. 2. Coverage shall include: 14 • A. Contractual liability; B. Independent contractors; C. Products and completed operations. 3. The "Town of Queensbury, 742 Bay Road, Queensbury,New York" shall be added to the Comprehensive General Liability Policy as "Additional Insured." AUTOMOBILE LIABILITY INSURANCE Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of$1,000,000 (one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE 1. Coverage shall include: A. All owned vehicles; B. Hired car and non-ownership liability coverage; C. Statutory no-fault coverage. 2. If any of the contractors/vendor's policies of insurance are canceled or not renewed during the life of the contract, immediate written notice of cancellation or non-renewal shall be delivered to the Town no less than 30 days prior to the date and time of cancellation or non-renewal. UMBRELLA LIABILITY 1. Each Occurrence and Aggregate of$5,000,000 (five million dollars). CERTIFICATE OF INSURANCE The Contractor/vendor shall file with the Town of Queensbury prior to commencing work under this contract, a certificate of insurance to be delivered to the Town of Queensbury Town Clerk's Office. 1. Certificate of Insurance shall include: A. Name and address of insured 15 B. Issue date of Certificate C. Insurance Company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included on certificate G. Limits of liability for all policies included on certificate H. Certificate holder shall be the Town of Queensbury, 742 Bay Road, Queensbury, New York 12804 and named as additional insured. 2. If the Contractors/Vendor's insurance policies should be non-renewed, canceled or expire during the life of the contract,the Town shall be provided with a new certificate indicating the replacement policy information as requested above. INDEMNIFICATION CLAUSE The Contractor/Vendor agrees to protect, indemnify and save harmless the Town of Queensbury against any and all claims,suits and demands which the Contractor/Vendor and or the Town of Queensbury may suffer because of the operation or actions of the Contractor/Vendor, its agents or employees, including but not limited to its failure to properly perform the work under the purchase order, its failure to maintain any policy of insurance required by this purchase order, its failure or refusal to provide any forms,certificates or documentation required by this agreement or law. 16