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Application Sign Variance[ZBA approved September 21 2016] Sid (�� 3 �1(�; General Information _ f Tax Parcel ID Number: 30 Zoning District: CT_ cc M me-co Ct �.. -L Detailed Description of Project [include current&proposed use]: Current Use: Q 1/ TOWN OF _ QE- UR1Proposed Use: ✓ , " ZONING OFFICE Location of Project: r 0L (Z�Pog1 Applicant Name: � 1�2t8 t1 of Mailing Address KJ C,IC. Home Phone City, State,Zip lr1 � �1,tee,��bLc, i2d'b� Work Phone Cell Phone la G Q�3Q�'U l E-Mail: S'Ma,✓+WcLshc�P A(95rna;�( . FAX No. �J Cone\ YA l �, Agent's Name: Mailing Address Home Phone City, State,Zip Work Phone Cell Phone E-mail FAX No. Owner's Name IC��LA.e�P G� h Mailing Address 11 1Mgn}ers em"V1 C:�,bac )Zd'U Home Phone City, State,Zip 1J 1J Work Phone Cell Phone 5)$ tf Dq zN L(3 E-mail Sy�, i �,0-PIP Q FAX No. 5rncu l.cvm SZ 1b -114-1 U46 Page 1 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY. 12804-5902 September 30,2016 Michael Greenough Smart-Wash of Queensbury 708 Quaker Road Queensbury,NY 12804 Re: Wall Sign Smart-Wash of Queensbury Tax Map Parcel: 303.15-1-12 Dear Mr. Greenough: I am writing you in response to my review of the application and plans submitted to this office relative .to the above-referenced project and to document your conversations with Laura Moore of my office regarding the same. I have reviewed the plans and find that the project will require a Sign Variance from our Zoning Board of Appeals. Specifically, a Sign Variance is required as your proposal calls for installation of a sign that would be in excess of the allowable size for a wall sign per the . Town Sign Ordinance. I understand that you have submitted the necessary application materials, as such; this letter will serve as the necessary denial letter for the processing of your papers. Should you have any questions or comments regarding your application please do not hesitate to contact this office. Sincerely, Craig Brown Zoning Administrator CB/sh LACraig Brown\2016 Letters0enial Smart-Wash 9 30_16.doc "Home of Natural Beauty ... A Good Place to Live " Sign Variance[ZBA approved September 21 2016] Site Development Data Area/Type Existing sq.ft. Proposed Total sq.ft. Additions .ft. A. Building footprint B. Detached Garage C. Accessory Structure(s) D. Paved,gravel or other hard surfaced area ; �— D E. Porches/Decks F. Other Q G. Total Non-Permeable [Add A-F] I 0 0 U` H. Parcel Area [43,560 sq.ft./acre] A (0�� v I. Percentage of Impermeable Area of Site [I=G/H] Setback Requirements Area Required Existing Proposed Front Yard[I] U CI q Front Yard [2] SO S Shoreline j V (i Side Yard [1] Z C� Side Yard [2] SQ U Rear Yard [1] 2� Rear Yard [2] 1 ' Travel Corridor j'L Ci Height[maximum] go Permeability Number of parking spaces t Page 2 Sign Variance [ZBAapproved September 2120161 Compliance with Chanter 147 Sign Ordinance 1. A scaled drawing of the entire sign(s) and site plan drawing showing the location is to be included in the submission packet ie on building and on site. Please note a survey is required unless a waiver is granted. 2. This application is for a change in the(check all that apply): Number of Signs: from(currently): to (proposed): Setback for Sign Size of Sign Height of Sign Other(specify) 3. Sign Dimension(s) Sign Type Existing Proposed Length Width Total Height (Check) (Check) (ft) (ft) (Sq Ft) (ft) Wall IT&II 9b Wall Freestanding Freestanding Other ie panel Projecting Awning Illuminated Type: 4. Property Line Setbacks ®roRear �� 5` Side 52,C`f' 5. Sign Wording: 11 ar 1� 6. Additional information if applicable Page 3 Sign Variance[ZBA approved September 21 2016] The following questions reflect the criteria for granting this type of variance. Please complete them; use additional sheets if needed. 1. 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 sign variance? no 2. Whether the benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than a sign variance? 3. Whether the requested sign variance is substantial? V�- 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district? Yl0 5. Whether the alleged difficulty was self-created? Additional Project Information 1. If the parcel has previous approvals, list application number(s): C 20f Zoo Z.30 2. Does this project require coverage under the New York State Pollutant Discharge Elimination System(SPDES)Permit Program? Yes// ,X No 3. Estimated project duration: Start Date ]I 1(e End Date I I —1 1l0 4. Estimated total cost of project: Z,q5o.oo Page 4 Sign Variance [ZBAapproved September 2120161 Section 179-14-030 Application materials and site plan drawing is to include sufficient information for the Board to review and provide a decision. The applicant is to provide a site plan drawing(s)–a survey showing existing conditions,a proposed conditions map(see page 00 for specific criteria)and include any other attachments that address A-D as applicable to the proposed project. A. General Shown on Sheet# 1 Title,Name,Address of applicant&person responsible for preparation of drawing '5ee Copy, Lr Ult 2 Deed — Gc C� k-e 3 North arrow,Tax Map ID, date prepared and scale [minimum: 1 inch=40 feet] ,^eec SL-;r 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!& proposed 7 Setbacks for all structures and improvements: existing&proposed 8 Elevations and floor plans of all proposed and affected structures S e� Vlt�d-a B. Water& Sewer Shown on Sheet# 1 Project sewage disposal facilities,design details,construction details, flow rates, and number of /VA proposed 2 Water supply [i.e.well] & septic on adjoining lots with separation distances to existing or proposed on-site water supply and septic 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 supply including daily water usage 5 Percolation test location and results C. Parking/Permeable Areas Shown on Sheet# 1 Number of spaces required for project including calculations and justification: existing& k)A proposed 2 No. of existing parking spaces, number to be removed,number to maintain and type of surfacing material [e.g.,gravel, paved] 3 Provision for pedestrian and handicap access and parking: existing&proposed 4 Design details of ingress,egress, loading areas and cutting: existing&proposed 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 all existing and proposed outdoor lighting p .5444 6112 D. Additional Site Development and Miscellaneous Shown on She-t# 1 On-site&adjacent watercourses, streams, rivers, lake and wetlands /JJ 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!&proposed 5 Signage: Location, size,type, design and setback: existing&proposed 6 Waiver Request: provide_ letter with application requesting any waivers: please reference specific items IVA 7 Commercial/Industrial Development requires submission of Landscaping, Stormwater Management, Grading&Lighting Plans 8 Identification of Federal, State or County permits required for the project together with a record of application for all necessary permits Page 5 Sign Vari'111CO[ZBA npproved September 2120161 Pre-Submission Conference Form/Section 179-9-040 1. Applicant Name.- � � �1��. of &0,0A019U14-& 2. Tar:Map ID 3p-5 .),5- 1-2- Location: I c 3. Zoning elassilication ly rj 1.1M, C C ca r"l r`ti�r'�t`�.t c�>�(''►Sr�`2 4. Reason for Review: U oWk WI CAL', I ar 5. Zoning Section#: 6. Pre-Submission Meeting Notes: Provided Outstanding; Please provide by Deed General Information complete -�7 Site Development Data Complete 2 Setback Requirements Complete pct 0- Additional Project Information Complete FAR addressed SE Compliance with Zoning Ordinance �7 Checklist items addressed V I IL Environmental Foran completed �~ Signature Mage completed -✓ ESC 4CLr-IOMY(CCO 101, pyWEu r/",Ics!- -e. +:� �.,sJ•n�:4 ;� �.\\\ \�..<i�C'C—'... i U�c�care.- vt.�. .�c r���tc�� c:,t' {U`c sc�- - .�c • v �{� s LL��Ca ((t) Sc ��i(c ; v d�►� set�� 1�ecL`l�� C•r\ " 5 4 , e4:cc�l' �_cc l cecV urrc-qr 9f C,ncL.l:Q[1�c c�� .( f-e Ile,v1 '1 -e 6"1 1�,, ►'ll�` Cbl�.��lS�'-;��r1• {�-1 ctll � Prt,cScar.c(Cl',w .lcty ��r � ,-u.l.��or•�-� taff Representative: V ( �(` '_ l�t�C. fl n-Leal Applicant/Agent: I ccf ��&,UW)a I,[C Date: fi c? Page 6 Sign Variance[ZBA approved September 21 2016] 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.)Oficial 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: Mrc,WL 56ACC Designates: �h�b1E u/ Agent regarding the following: Variance Site Plan_ Subdi ' ion_ For Tax Map No. 5� [Z eed a ence: Book!*7103Page �j Date Z 101 OWNER SIGNATURE: ATE: APPLICANT'S AGENT FORM: Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: Designates: as Agent regarding the following: Variance Site Plan Subdivision For Tax Map No.: Deed Reference: Book Page Date OWNER SIGNATURE: DATE: 2.) ENGINEERING FEE DISCLOSURE: 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 shall be commenced prior to issuance of a valid permit. I certify that the application,plans and supporting materials are a true and complete statement/description of the existing conditions and the work proposed, and that all work will be performed in accordance 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-built survey by a licensed land surveyor of all newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above. S"', 6C /111 � LVT 600,1UbM CL Signature [Applicant] Print Name[Applicant] Date signed t�c����►��.ifi 9 z� 1 Signature [Agent] Print Name [Agent] Date signed Page 7 RPS Property Description Report Page 1 of 3 ueensbury 303.15-1-12 * 708 Quaker Rd J Parcel Information: U Parcel Location 1Propertv Class School District and 1303.15-1-1:2:]1708 Quaker Rd 3.83 434-Auto carwash Queensbury Un.fr.sd WARD 2 <;' Owner Information: LI Owner Owner Address 1k.0.Box 110wner Address Line 3 SE Realty Co L.L.C. 708 Quaker Rd =lQueensbury NY 12804 2016 Assessment Values: (Previous Assessments) � Parcel Assessed Land Value 1Assessed Total Value Uniform % Full Market Value 303.15-1-12 401,500.00 763,900.00 100.0% 763,900.00 EJ Images: O sk I ii _ x Ima(=e Date: 5/14/2014 Sales Information: Sale Net Sale Cond. Arms Land Tot. Value Prior Date Price �;���,Sa-­J�e T e Code Len. alue TOS TOS Owner �� 12 Land& Broad 10- 860,000.00 860,000.00 1003 79 None Yes 190 800.00 608,600.00 Street Car 96 Building wash, Site Information: Site Nbad Code Sewer Water Utilities Site Nbad �Fbh—d Road Ent Zonin �nn esire Type Rating Lye Type Code11 http://parcelsearch.queensbury.net/RPS INF02.ASP?printkey=303.15-1-12 9/23/2016 iptil � � 'p ,I III �ip 1 1. 1 Ic 11�� 1 tlhl is lilt --1 s .FY4 w pl � Ilii�".1 111� 111 t4 ' Ota Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: 1R, -6 t vd7,,U M-A ��l�rM--f- 0 Name of1Aplplicant or Sponsor: Telephone:Telephone: S�� ,N �Q(�3 Fv`LC t G1.e�C E-Mail: L Address,: `1 n /� /► -1Q Vn VV 4-e/ s OAW 1 C'ty/PO: State: Zip Code: VUAI/Y�3�w 2A 12Z6' 1.Does the proposed bAion only involve the legislative adoption of a plan,local law,ordinan NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that F ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ZDhiog 60ad 04rTPlea Is �I 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3> g 3 acres 4. Check all land uses that occur on,adjoining and near the proposed action. E-]Urban El Rural(non-agriculture) ❑Industrial d&mmercial El Residential(suburban) ❑Forest ❑Agriculture El Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? VF El M ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ EJ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: F" El 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: El El 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: J�r ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 2( ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? In ❑ b.Is the proposed action located in an archeological sensitive area? ]� ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? NZ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 0— F-1- 16. 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: t4 ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor `C (1d�e lel Date: —b I Signature: PRINT FORM Page 3 of 3 WARREN COUNTY CLERK RECORDING COVER SHEET EMP, INITIALS —I-A— INSTRUMENT 9 007-IOG NO, OF PAGES 1)91/ TYPE OF DOC. ADDTL. FEE TOWN ADDTL, NAMES TRANSFER TAX An, s tf6a, aro.— MORTGAGE ART. MORTGAGE TAX TRANSFER TAX STAMP MORTGAGE TAX STAMP RECEIVED 1-4 a REAL ESTATE C/t . .3M,— I" DEC 121996 TRANSFER TAX WARREN COUNTY ?lease fill in blanks below before submitting for recording. GRANTOR/HORCM09ARMUNOR Broad Street Car Wash, Inc. GRANT EE/WKB,%QS:3�AWji-05E SE Realty Co., LLC RECORDED BY- Walter O. Rehm, 111, Esq. RECORDING STAMP RETURN TO: Walter 0. Rehm, III 175 Ottawa Street Lake George, NY 12845 CA 96 DEC 12 Am 9:09 Upon recording this page becomes a part of the J{r-ujliuEu document, (13.00) N.Y.S. WARRAN'T'Y DEED i TAX $� ori THIS INDENTURE is made the day of December,1996, j { E W Between BROAD STREET CAR WASH,INC.,a New York Corporation with an r o office at 203 Broad Street,Glens Falls,New York 12801(hereinafter called the"Grantor"),and �\ SE REALTY CO.,LLC,a New York Limited Liability Company having an office at 205 Quaker Road,Queensbury,New York 12804(hereinafter_called the"Grantee"). 1 WITNESSETH: that the Grantor,in consideration of One Dollar($1.00),lawful money of the United States,and other good and valuable consideration,paid by the Grantee,the receipt of which is acknowledged by the Grantor;does hereby grant and release unto the Grantee,its successors and assigns forever, i . t ALL that certain lot,piece,or parcel of land situate in the Town of Queensbury,County i of Warren,State of New York and all that certain lot,piece or parcel of land situate in the City of Glens Falls,County of Warren and State of New York,both parcels being more particularly described as follows: PARCEL I Broad Street.Glens Fells ( ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate,lying,and being in the City of Glens Falls,County of Warren,State of New York,more particularly bounded and described as follows: ! BEGINNING at the point of intersection of the northerly boundary of Broad Street and II the southwesterly boundary ofmm Lue Road,and running thence South 75° 19'S 1' LVest along. (, the northerly boundary of Broad Street for a distance of 361.23 feet to a point marking Ute intersection or the northerly boundary of Broad Street and the easterly boundary of Westem I Avenue;running thence Nufth 06'43'51"East along the_cast erly bounday of Westem Avenue j fora distance or 230 26 feet to the point or intersection of the easterly boundary:of Western Avenuc-and tie southwesterly boundary of Luzeme Road;thence South 66°57'07"East along the southwesterly boundary of Luzeme Road for a distance of 350.41 feet to tile point or place of beginning. Being a triangular shaped parcel of land. BEING the same premises conveyed by Michael D.Ginsburg and Robert B.Ginsburg to Broad Street Car Wash,Inc•by Deed dated January 3, 1988,and recorded in the Warren County Clerk's Office in Book 718 of Deeds at Page 280. The above described premises are shown on a certain survey entitled"Map ofa Survey i made for S.E.Realty,LLC"City of Glens Fails,County of Warren,dated November 27,I996, and made by VanDuscn&Steves,Land Surveyors of Glans Falls,New York,which map is to be filed in the Warren County Clerk's Office simultaneously herewith. PARCE II Quaker Road Town orOueensbury S ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate,lying and being in the Town of Queensbury,County of Warren,State of New York, more particularly bounded and described as follows: BEGINNING at a point in the southwesterly boundary of Quaker Road,which porn[ marks Ute northerly most comer of lands now or formerly of 7.Peter Garvey,111,et al. (Book r 712,page 314)and running thence from said place of beginning South 45°57,50"West along 3: the northwesterly boundary ofsaid lands now or formerly of Garvey for a distance of 300 feet--'0 to n paint,which pohurnarks Ute northerly most comer of lands now or formerly of Gerald P. { !.. ' •. n.•.. F)PA7N7fi11S01%WAVVjnYD� . i .r. ! a - t - -, i -t� n and Cynthia A.Nudi(Book 690,page 429);thence South 24°53'20"West along the westerly C f boundary of said lands now or formerly of Nudi for a distance of 440.93 feet to a point in the C.) northerly boundaryof Aix Avenue;thence North 65°06'40"West along the northerly boundary M i ofDixAvenue fora distance of 158.68 feet;thence running on a curve to the right with a radius of 50 feet for a distance of 78.54 feet to a point,which point is located in the easterly boundary 00 of lands now or formerly of Gerald L and Roger Hewlett(Book 614,page 428);thence North r 24° 53'20"East along the easterly boundary of said lands now or formerly of Hewlett for a 1 distance of 471.37 feet to a point marking the southerly most comer of lands now or formerly of James Barrett(Book 675,page 158);thence North 45°57'50"East along the southeasterly boundary of said lands now or fomterly of Barrett for a distance of 300 feet to a point in the 1' southwesterly boundary of Quaker Road;thence South 44°02'10"East along the southwesterly boundary of Quaker Road for a distance of 223.62 feet to the point or place of beginning. Estimated to contain 3.83 acres of land be the same more or less. TOGETHER with a right-of-way commencing at a point on the northerly side of Dix Avenue at the southwesterly corner of premises above-described,and being 150 feet in width on Dix Avenue,and narrowing to a width o£50 feet and running along the westerly side of e portion ofthe premises above-described,and the easterly,northeasterly,northerly and westerly ( perimeter of premises conveyed by Gerald L Hewlett and Roger G.Hewlett to the United States i r ofAmerica Corps.ofEngineers dated October 22,1986,recorded in the Warren County Clerk's ! Office on October 22,1986,in Book 686 of Deeds at Page 196,and returning to and connecting , t with the northerly bounds of Dix Avenue. ALSO,an easement for the construction and maintenance of a sanitary sewer line over the right-of-way above described,extending from the southwesterly bounds of the parcel herein i being conveyed,along the northeasterly bounds of said right-of-way to the apron of the same 1 opening onto Dix Avenue and from thence to the right-of-way of Dix Avenue. BEING the same premises conveyed by Gerald.f.Hewlett and Roger G.Hewlett to Broad Street Car Wash,Inc.by deed dated February 22, 1988,and recorded in the Warren County Clerk's Office an February 29,1988,in Book 703 of Deeds at Page 20. The above described premises are shown on a certain survey entitled"Mdp of a Survey made for SE Realty,LLC"Town of Queensbury,County of Warren,dated November 26,1996, and made by VanDusen&Steves,Land Surveyors of Glans Falls,New York which map is to be filed in the Warren County Clerk's Office simultaneously herewith. This conveyance does not include substantially all of the assets of the grantor corporation, nor does the certificate thereof require shareholder approval for this conveyance. Subject to all easements,restrictions,covenants and conditions of record affecting the Premises. Together with the appurtenances and all the estate and rights of the Grantor in and to the Premises, TO HAVE AND TO HOLD the Premises unto the Grantee,its successors,heirs and �=y assigns forever. And the Grantor covenants as follows: FIRST,that the Grantee shall quietly enjoy the Premises; SECOND,that the Grantor will forever Warrant the title to the Premises;and THIRD,that,in compliance with Section 13 of the New York Lien Law,the Grantor will receive the consideration for this conveyance and will hold the right to receive such 2 riaATAIMLIO 19MAMLAM M T.•..........___.. .. 1 f r L : consideration as a trust fund to be applied first for the purpose of paying the cost of the j i.:.. • improvement and will apply the same first to the payment of the cost of the improvement before f.•--i using any pati of the total of the some for any other purpose. 1 1 � I I o IN WITNESS WHEREOF,the Grantor has duly executed(his instrument,on the day -•l and year first above written. BROAD STREET CAR WASH,INC. i MICIIAfL D.GINSBURG STATE OF FLORIDA ) SS.: COUNTY OF On the L) day of December,1996,before me personally appeared MICHAEL D. 1 GINSBURG,to me known,who being by me duly sworn,did depose and say: that he is the ' President of BROAD STREET CAR WASH,INC.,the corporation described in and which 1 executed the foregoing instrument,that he knows the seal of said corporation,that the seat affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. Notary Public ()MCIAL NOTARY SEAL LINDA CAROLMAYNELL NOTARY PUBLIC SPATE OF FLORIDA COMMISSION NO.CC776M . StYCO�fA1LS510N EXP.AS'R.?J,17J9 RECORD AND RETURN TO: WALTER O.REHM,ilt,ESQ. 175 Ottawa Street Lake George,New York 12845 518f668-5412 1 t E { 3 r.'DATAV61W19%WARRAMVDM i 4.4 ti'1; t' 1 .:tom{..�.s•:lL' � �