5 - Deed WARREN COUNTY— STATE OF NEW YORK
NI W 3 PAMELA J.VOGEL, COUNTY CLERK
i r j 1340 STATE ROUTE 9,
ei
LAKE GEORGE, NEW YORK 12845
RRFLIX1Ut+�
COUNTY CLERK'S RECORDING PAGE
"THIS PAGE IS PART OF THE DOCUMENT—DO NOT DETACH***
Recording :
Cover Page 5 .00
Recording Fee 50.00
Cultural Ed 14.25
Records Management - Coun 1.00
Records Management - Stat 4.75
Additional Names 1.00
BOOK/PAGE: 5904 / 7 TP584 5.00
INSTRUMENT #: 2019-1671 RP5217 - county 9.00
RP5217 All others - State 241.00
Receipt#: 2019490752
Clerk: CL Sub Total : _ 331.00
Rec Date: 03/21/2019 09: 08: 14 AM
Doc Grp: RP Transfer Tax
Descrip: DEED Transfer Tax - State 300.00
NumPgs: 7 Rec Sub Total : 300.00
Rec 'd Frm: WILLIAM L NIKAS ESQ
Partyl: HALL RICHARD B
Party2 : STOKES TAMES Total : 631.00
Town: QUEENSBURY NOTICE: THIS IS NOT A BILL
Transfer Tax
Transfer Tax #: 1863
Transfer Tax
consideration: 75000.00
Transfer Tax - State 300.00
Total : 300.00
WARNING'"`*
I hereby certify that the within and foregoing was
recorded in the Warren County Clerk's Office,
Record and Return To: State of New York.
This sheet constitutes the Clerks endorsement
required by Section 316 of the Real Property Law
of the State of New York.
WILLIAM L NIKAS ESQ
116 OAK ST Pamela I Vogel
PO BOX 267 Warren County Clerk
HUDSON FALLS, NY 12839
NY_WARRANTY DEED WITH LIEN COVENANT
This Indenture made th !! day Of 2
Between RICHARD B. HALL and PATRICIA A. HALL, residing at 45 Alessia Drive,
Queensbury,New York 12804,
\� Grantors, and
JAMES STOKES and DONNA C. STOKES, residing at 870 Parson Forest Cove,
/ Cordova, Tennessee 38018, As Tenants by the Entirety,
Grantees
WITNESS that the Grantors, in consideration of TEN DOLLARS ($10.00), lawful
money of the United States and other valuable consideration, paid by Grantees, do hereby grant
and release unto the Grantees, their heirs, successors and/or assigns forever, the premises as
described on the Schedule "A" attached hereto.
EASEMENTS AND RIGHTS CONVEYED
TOGETHER WITH the appurtenances and all the estate and rights of the Grantors in and
to the Premises.
SUBJECT TO COVENANTS AND RESTRICTIONS
SUBJECT TO all covenants, restrictions and easements of record.
TAX MAP PARCEL NO. IDENTIFIER
As of the date of this conveyance, the Premises conveyed is identified on the Town of
Queensbury tax map for tax assessment purposes as Tax Map No.: 315.-1-1.2.
1
COVENANTS AND WARRANTIES
TO HAVE AND TO HOLD the Premises herein granted unto the Grantees, their heirs,
successors and/or assigns forever. AND the Grantors covenant as follows:
FIRST: That the Grantees shall quietly enjoy the Premises;
SECOND: That the Grantors ill forever WARRANT the title to the Premises.
THIRD: That the Grantors wil receive the consideration for this conveyance and hold
such consideration as a trust fund to be applied to the payment of the cost of any unpaid
improvement before using any part of the consideration for any other purpose, all in compliance
with Section 13 of the lien law.
SCHEDULE "A"
"ALL THAT PIECE OR PARCEL OF LAND, situate in the Town of Queensbury,
County of Warren and State of New York, being more particularly described as follows:
BEING Lot No. 6, as shown and designated on map entitled "Phase 1 Cerrone West Mt.
Road Subdivision", filed in the Warren County Clerk's Office on May 8, 2009, as Document No.
2009-3000051, in Plat C 122 and Plat C 123, consisting of the following: Sheet 1 of 11/S-1 (Plat
C 122 (1 of 5)), dated May 7, 2007, last revised September 26, 2008; Sheet 2 of 11/S-2 (Plat C
122 (2 of 5)), dated May 7, 2007, last revised September 26, 2008; Sheet 3 of 11/S-2B (Plat C
122 (3 of 5)), dated November 2008; Sheet 4 of 1 l/S-3 (Plat C 122 (4 of 5)), dated May 7, 2007,
last revised September 26, 2008; and Sheet 5 of 11/S-4 (Plat C 122 (5 of 5)), dated May 7, 2007,
last revised September 26, 2008; Sheet 6 of 11/S-5 (Plat C 123 (1 of 6)), dated May 7, 2007, last
revised September 26, 2008; Sheet 7 of 11/S-6 (Plat C 123 (2 of 6)), dated May 7, 2007, last
revised September 26, 2008; Sheet 8 of 11/S-7 (Plat C 123 (3 of 6)), dated May 7, 2007, last
revised September 26, 2008; Sheet 9 of 11/S-8 (Plat C 123 (4 of 6)), dated May 7, 2007, last
revised September 26, 2008; Sheet 10 of 11/S-9 (Plat C 123 (5 of 6)), dated May 7, 2007, last
revised September 26, 2008; and Sheet 11 of 1l/S-10 (Plat C 123 (6 of 6)), dated May 7, 2007,
last revised September 26, 2008; with said Lot being best shown on Sheet 2 of 11/S-2 (Plat C
122 (2 of 5)) and Sheet 3 of 11/S-2B (Pat C 122 (3 of 5).
SUBJECT to compliance with "No Cut Zone" and "No Cut - No Disturb Zone"
designations and restrictions shown on subdivision map above set forth on Sheet 2 of 11/S-2
(Plat C 122 (2 of 5)). In the No Cut Zone trees not diseased or damaged, having a diameter in
excess of three inches at a 4.5 foot height from the ground elevation shall not be cut or removed.
In the No Cut/No Disturb Zone except for diseased, damaged, or dangerous trees or vegetation
there shall be no excavation, cutting, removal, alteration, destruction, or clearing of perennial or
annual vegetation or the disturbance of soil.
SUBJECT to a general utilities easement along the first 10 feet of each lot adjacent to
road frontage of said lot reserved for the purposes of installation of electricity, telephone, cable,
as well as possible installation in the future of natural gas, with the understanding that the parry
of the first part, or its successors or assigns, has or_will convey necessary easements to Utility_
Companies for installation and maintenance of said utilities; All Public Utilities serving the
subdivision shall be installed underground. Lot 13 of Phase 1 is subject to a 20 foot wide
easement for Water Main Maintenance shown on Sheet 2 of 11/S-2 (Plat C 122 (2 of 5)); Sheet 3
of 11/S-2B (Plat C 122 (3 of 5)); and Sheet 5 of 11/S-4 (Plat C 122 (5 of 5)) of the subdivision
maps.
Lot 12 and Lot 13 are subject to an easement for the purpose of maintaining the hydrant
set on their common boundary, as shown on Sheet 5 of 11/S-4 (Plat C 122 (5 of 5)) of the
subdivision maps above referred to; said easement will or has been conveyed to the Town of
Queensbury.
Lot 6 and Lot 7 are subject to an easement for the purpose of maintaining the hydrant set
on their common boundary, as shown on Sheet 5 of ll/S-4 (Plat C 122 (5 of 5)) of the
subdivision maps above referred to; said easement will or has been conveyed to the Town of
Queensbury.
Lot 7 is subject to an easement for the purpose of maintaining the Cap & Thrust Block
for the waterline, as shown on Sheet 5 of 11/S-4 (Plat C 122 (5 of 5)) of the subdivision maps
above referred to; said easement will or has been conveyed to the Town of Queensbury.
SUBJECT to "Special Restrictions for this Subdivision" contained on said subdivision
map which provides the following:
1. All houses in this subdivision are to have earth tone exterior colors. No white or
bright colors.
2. No house foundations are to be located above the 460 elevation contour, as shown
on the subdivision drawings.
3. No variances are to be granted in this subdivision for the 40 foot height
restriction.
SUBJECT to restriction that Lots 1 and 13 shall not have a driveway directly accessing
Corinth Road.
SUBJECT to restriction that Lots 14 and 15 shall have a common curb cut for their
driveways to access Corinth Road; See Sheet 5 of 11/S-4 (Plat C 122 (5 of 5)) which, in error,
refers to above Lots as Lots 15 and 16. Each Lot 14 and 15 will have its own driveway adjacent
to their common boundary, but neither lot will have any right to use the other Lot's driveway.
SUBJECT to an easement granted by Cerrone Builders Inc. to Niagara Mohawk Power
Corporation and Verizon New York, Inc. by Grant of Easement, dated April 3, 2014, which was
recorded in the Warren County Clerk's Office on December 5, 2014 in Book 5080 at Page 214,
Instrument No._ 2014-7764; same,_in_error,_says the property is located in-the Town_of Lake
Luzerne.
SUBJECT to a correction easement granted by Cerrone Builders Inc. to Niagara
Mohawk Power Corporation and Verizon New York, Inc. by Grant of Easement, dated January
8, 2015, which was recorded in the Warren County Clerk's Office on March 2, 2015 in Book
5120 at Page 16, Instrument No. 2015-1182; same corrects the error in the previously filed
easement of saying that the property is located in the Town of Lake Luzerne.
SUBJECT to easement for purpose of constructing and maintaining subdivision sign on
Lots 13 and 25 of the subdivision.
SUBJECT to easements and restrictions of record, including, but not limited to,
restrictions and conditions shown or no�ed on the above referred to subdivision maps.
The Lot hereby conveyed is also subject to the conditions, restrictions and covenants
hereinafter set forth, which are hereby declared to run with said Lot/Land and to be binding upon
each and every owner thereof, or any portion thereof,their heirs, successors and assigns.
1. Said Lot may not be subdivided.
2. Said Lot shall be used for residential purposes only and no structure shall be
erected, altered, placed or permitted on said Lot, other than a one-family residence and an
attached garage and accessory storage/ tility/pool building, as defined herein:
a. The one-family, residence will have the following minimum square
footage for living space, inclusive of attached garages:
(i) 2,200 square feet for two story residence, with of 1,000 square feet
(foot print dimension) on first living level (not including any
finished basement);
(ii) 1,600 square feet (foot print dimension) for one story or split level
residences;
(iii) Attached garage size will be in compliance with Queensbury Town
regulations.
b. Accessory storage/utility/pool building will not be larger than 300 square
feet (foot print dimension) and not taller than 18 feet; any such building
will match the architecture of the one-family residence.
3. Satellite dishes are permitted, but must not be installed at front elevation or be
visible from subdivision road.
4. No commercial vehicles (other than standard size pickup), recreational vehicles,
trailers or boats may be stored or parked on the_Lot, in excess of 24 consecutive_ hours, unless
parked or stored within a structure built in compliance with above dimensions.
1
5. No mercantile, manufacturing, mechanical or other business establishment of any
nature shall be maintained on said Lot, nor shall anything be done thereon which may become or
be an annoyance or nuisance to the neighborhood (this restriction does not prohibit any home
occupation permitted by the Town of Queensbury).
6. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any
lot, except that dogs, cats or other household pets may be kept, provided that they are not kept,
bred or maintained for any commercial purposes.
7. No fences or hedge exceeding 3 feet in height shall be erected or permitted to
remain between the street and the front setback line on any lot.
8. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on said
land shall at any time be used as a residence temporarily or permanently; nor shall any structure
of a temporary character be used as a residence.
9. No building shall be erected, placed or altered on any .building plot until the
building plans, specifications and plot plan showing the location of such building have been
approved by proper governmental bodies, and by Cerrone Builders, Inc. This provision for plan
approval by Cerrone Builders, Inc. shall be binding and in force for a period of twenty five
(25) years,unless relinquished earlier.
10. Each lot or residence owner, contract purchaser, or lessee thereof shall at all times
keep their property free and clear of all rubbish and do all other things necessary or desirable to
keep the premises neat and in good order. It is hereby agreed that if any lot or residence owner
or contract purchaser or lessee fails to conform to these requirements, Cerrone Builders, Inc. or
its successors shall have the right at any time to enter on the property of such person, and remove
rubbish and do all other things necessary to put the premises in a neat and orderly condition, and
all the expense thereof shall become due and payable from such person to Cerrone Builders, Inc.
within five (5) days after written demand therefore.
11. Invalidation of any of the covenants, conditions and restrictions herein contained
by a judgment or a court order shall in no way effect or alter any of the provision hereof, which
shall continue in full force and effect.
12. Enforcement shall be by proceedings at law or in equity by any lot owner within
Phase 1 of Cerrone West Mtn. Road Subdivision against any person or persons violating or
attempting to violate any restrictions, conditions or covenants herein contained either to restrain
violation or to recover damages.
13. A breach of any of the restrictions, conditions and covenants herein contained
shall not defeat nor render invalid the lien of any mortgage or deed or trust made in good faith or
for value as to said lot, or any part thereof but restrictions, conditions and covenants shall be
binding upon and effective against any owner thereof whose title thereto is acquired by
foreclosure,trustee sale or otherwise. _
EXCEPTING AND RESERVING a maintenance easement conveyed to the Town of
Queensbury for the water line that runs parallel to the front property line of the insured premises
by deed, dated August 18, 2015 and recorded in the Warren County Clerk's Office on September
29, 2015 in Book 5236 at Page 186, as Instrument #: 2015-6470. Said water line is within the
Town right of way, but the Town may require an easement for access for maintenance."
SOURCE OF TITLE
BEING the same premises conveyed from Cerrone Builders, Inc. to Richard B. Hall and
Patricia A. Hall by deed dated December 27, 2017 and recorded in the Warren County Clerk's
Office January 3, 2018 in Book 5690 of Deeds at page 320, Instrument Number 2018-0063.
IN WITNESS WHEREOF, the Grantors have duly executed this deed the day and year
first above written.
RI ARD B. HALL
PAT CIA A.HALL
STATE OF NEW YORK )
)ss:
COUNTY OF WARREN )
On the day of rL� J-264,9,before me,the undersigned, a notary public in and for said
State, personal, appeared Richard B. Hall, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s)whose name(sD 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 si nature(s) on the
instrument,the individual(s),or the person upon behalf of which the individual(s)acted,ex ut t e instrument.
NOT Y.TWMjESCAUL
STATE OF NEW YORK ) Notarir P<<'_' (�f New York
)ss: f,
COUNTY OF WARREN
3,20
On the day of before me,the undersigned, a notary public in and for said
State, personally appeared Patricia Hall, 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-t indiyidu s)acted,e cute e instrument
I14OTARY PUBLIC
MELISSA D. LESCAULT
Record & Return to: Notary Public, State of New York
No, 0_'LE6086969
Qualified in Saratoga County
My Commission Expires Feb. 3,20
WILLIAM L. NIKAS
Attorney at Law
116 Oak Street, P.O. Box 267
Hudson Falls, New York 12839-0267