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4.10 4.10 Property Purchases of Acquisitions\Holly Lane—Quit Claim Deeds to Brian Hogan—6-13-2022 RESOLUTION AUTHORIZING QUIT CLAIM DEEDS TO AND ACCEPTANCE OF EASEMENTS FROM BRIAN HOGAN RELATING TO HOLLY LANE RESOLUTION NO.: ,2022 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, Holly Lane is a Town Road by Use located in the Town of Queensbury extending north from Brayton Lane, and WHEREAS, despite the lack of any known deed conveying Holly Lane to the Town, the Warren County Real Property Office has ascribed to the Town ownership over lands appearing on the tax map as Holly Lane, which lands exceed the area of pavement identified as Holly Lane on the Town's inventory of highways, and WHEREAS, a landowner adjacent to Holly Lane, Brian Hogan, approached the Town in an effort to clarify the records of the Warren County Real Property Office, and WHEREAS, Mr. Hogan has requested that the Town convey certain lands under and around Holly Lane to him by Quit Claim Deed, and WHEREAS, during discussions with Mr. Hogan, it was identified that the Town Highway Department has experienced less than ideal conditions when plowing Holly Lane due in part to how narrow the roadway is and the inability to easily turn a Town plow truck around, and WHEREAS, the lack of any clear snow storage area was also identified as a condition which is less than ideal, and WHEREAS, in return for quitclaiming such lands to Mr. Hogan, Mr. Hogan has agreed to Quitclaim Easements to the Town over his Holly Lane property for snow storage and for use of a turn-around area, and WHEREAS, such Easements are to the Town's benefit and will assist in ongoing efforts to maintain Holly Lane, NOW, THEREFORE, BE IT RESOLVED, that the conveyance of the proposed Deeds from the Town of Queensbury to Brian Hogan referred to in the preambles of this Resolution does not constitute a SEQRA Action or is a SEQRA Type II Action and, in any event, no SEQRA review is required prior to adoption of this Resolution, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby declares its intention to issue the Quit Claim Deeds in the form submitted to and reviewed by Town Legal Counsel or in a form substantially similar thereto conveying any real property ownership rights that the Town may own in lands under and adjacent to Holly Lane as that road is described on the Town Inventory of Highways and in so declaring, the Town makes no statement whatsoever that it owns or ever has owned such lands, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes conveyance of the Quit Claim Deeds at issue, and BE IT FURTHER, RESOLVED, that the Town Board hereby expressly accepts the conveyance of Easements from Brian Hogan in perpetuity to the Town as set forth in the Quit Claim Deeds, and BE IT FURTHER, RESOLVED, that this conveyance is expressly made subject to 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, and BE IT FURTHER, RESOLVED, that following expiration of the permissive referendum period or, if a petition is filed mandating referendum, after a referendum in which this conveyance is authorized by the voters, the Supervisor is authorized to sign and deliver the Quit Claim Deeds to Mr. Hogan and any other needed documentation for recording with all recording costs to be a cost to Mr. Hogan. Duly adopted this 13t'day of June, 2022,by the following vote: AYES NOES ABSENT: Portion of Holly Lane to I be conveyed to — Tax 1,d.#:239.12.2•S6 t Street No.34 Holly lane r^•' t 4 Lands MRockhursl,LM t lands n6 Rxmaesi,I.I.C. 0five -••..,,. -..'�' L2 She(isNa.3d1s7) TaxPiTax Da23saa3 N89TE toaz 23s 1 t .. ■w��r r�wr+w•r'��w�r r r r r r w�rrrrrr.�w r r wr���■r N89'30'E, 223,18' sill, N0261, 130,92' , Easementforsnow store a in this area Easement tar taming N s � , T9wnp19wWcksin � : Portion of Holly Lane to o ��j\ o 6 be conveyed to .� exdsOng ddveway N► ; x Taxld,#:239,12.2.37 «; o� o � \�v• Existing Leads of Street No;33 Holly Lane �,y $Hogaa 8 g (114006) l iLAKE W611401 ExistingLandsof p/ �;`� TAX 14.239.12.2•56 .GEORGE M,O,Chip E.Hogan \q Street N0.34 Holly lane (951d2361 s (VAUI09) II AssemayPolNRd t Tax Ld,#;23912.2.37 y..' Ta,1.0.ft239,12.2.32 Street No.33 Holly Lane _ 9773TW,—wr • . lardsn48SonsM4LLC ;f N (6416d237) 28HD4Lane � Tax IA,n239J2.2.57 I o Rfl� �d)O}dets G� landsnfiat s �I Q tom'/I, I l;� lrLBS.Weinman ' (0d106) b VacamLand / Q Tax IA 9239.12.2.38 S 8'04'W Lands n79aensd9 lardsM 0.Fane "� InevxaMeTnut [[6744d276) Q (6193d210) Rally Lane ► 90Ass Amin pird Rd. Tax W,0239.12.2.40 d TaxIA.8239,12.2a 4 ' t t 'Unauthorised alteration oraddition to a survey mp beadoo a licensed land surveyor's seal is a violation of Section 7209 subdivision 2 of the Newhflate Education Law" TITLE: lcriiacafiva+inJieaadlnnnn On T S ! a;atihlhalthhrunq+r,+ipnpurcd MAP OF PORTION OF HOLLY LANE TO BE CONVEYED la arrnrJan r+ii6 +,cosine 33&34 HOLLY LANE LANDS OF BRIAN HOGAN Cod e„ s adapunl8}'theAke1'orksi;ue orl L 1C k1soddia9nfIlydmianallod I /f sun'R,msaiJreni0rnt6wahaa inn„ N t'a""" VIH.4aE0k UEENSBURY STATEOFNEWYORK ranunf}'a,IheQrrnmbrcuham t4 n 1 WARREN thrsaarci,uoxiva{f +erect. 05S t r, III�C orvcswu.aoavaxar 1113 001 and asditir Whiff w1hrytiitlr fl � RAYMOND A.KOCH P,1aS, a AR angran}te'nrrnanl"Ingrm7 GRAPHIC SCALE M t1lAa" 1 (` DECEt�B R19202) �NDSVRVEYOR �+ '11,11Jhigin>iinnionli'mil+emna. y�. osNrxk6wuoata»aaunuum 133MOHAWKAVENUE aaJa+ihra�ipnrr.a(1,niraJine Rl� laNwluEnNulEtkgwHwu«� SCOTIA,NEWYORK12302 iaslitminn.t'rdi6caiiuncan,a„, 30 2D 10 0 teal 30 W Py adsu ,r a RUmi 4.XL* (518)393.0989 randaabh�n,udditi�an( SCALE,la=39 k$ G+w{e lmirael,6Nwka a WA0.0A intliaaiun++,r n+huqurnl aunrn. 35.1 1.13A A (1 272 124 A, 35.2 1.01 A r 11,41 15pi5} �o s� po 56 222 33 15is� 5 s1 00 A s Al37 �� 0 a 1 � �,j 'jsr o 57 32 35 � r 31151 38 226i51 10p a 165is3 s u' 1a4is� 49 �s 40 150 64 34 --1 �s �5(S) 31 35 30 a 41 39 1501a N � 210iS�" a 100 dp 59 29 168 RO 'a 34 140 0 170.14 55 0 150 214is1 28 60 ro ^ 140 200(S) _ _ 82.26 w.62 0 1A6 Lo 54 245(S) � 43 p t 61 n' ` 151.35 cn 27 CD70 0 0 150 53 177 0 Abe-40 62 182(S) 152.90 26 52 o 30' ROW 0 a 175 --� ry 7 . i.L.. 125,0 726 15a.45 o 25 O 1a3. o cs Im U) Q o o Z o 175(S) 44 � rn � 162ga r m 1e co CR `" 24 50 ul 48 w w O i 182.5 us rn 123 w 23 w 0 45 0 49 176.84 co o N / m h 22 123 at 185 � 46 0 to co ti 16S.69 ." 123 42p.00 21 47 to LANE m m N 150.00 (33 Holly Lane) QUITCLAIM DEED THIS INDENTURE made the—day of , 2022 BETWEEN TOWN OF QUEENSBURY, a Municipal Corporation with its principal offices located at: 742 Bay Road, Queensbury,New York 12804 (hereinafter referred to as "Grantor")and BRIAN HOGAN,having an address at 34 Holly Lane,Queensbury,New York 12804(hereinafter referred to as "Grantee") WITNESSETH,that the Grantor,in consideration of ONE AND 00/100 DOLLAR($1.00)lawful money of the United States, and other good and valuable consideration given by the Grantee, does hereby remise, release and quitclaim unto the Grantee, the successors and assigns of the Grantee forever, ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND situate in the Town of Queensbury, County of Warren and State of New York, more particularly described in Schedule A attached hereto and made a part hereof. The conveyance is further identified as "Portion of Holly Lane to be conveyed to Tax Ld. #239.12-2-37 Street No. 33 Holly Lane" and depicted in Schedule B attached hereto and made a part hereof. By this conveyance, the GRANTOR makes no assertions whatsoever that it has ever owned the lands herein described. This conveyance is made SUBJECT to all covenants, conditions, easements and restrictions of record affecting said premises. 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 herein granted unto the Grantee, the successors and assigns of the Grantee forever. AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the 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. WITNESSETH, that the GRANTEE, in consideration of ONE and 0/100 DOLLARS ($1.00) lawful money of the United States, and other good and valuable consideration given by the GRANTOR, does hereby remise, release and quitclaim unto the GRANTOR, and its successors and assigns forever, an easement located over lands identified as tax parcel 239.12-2-37 for the purpose of snow storage the general location of which is depicted on the attached Schedule B. THIS GRANT IS MADE TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the GRANTOR, and its heirs and assigns forever. AND the GRANTEE, in compliance with Section 13 of the Lien Law, covenants that the GRANTEE 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. IN WITNESS WHEREOF, the Grantor has duly executed this deed the day and year first above written. TOWN OF QUEENSBURY By: Brian Hogan John Strough,-Supervisor STATE OF NEW YORK SS.: COUNTY OF WARREN On the day of in the year 2022 before me, the undersigned, a notary public in and for said State, personally appeared JOHN 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 STATE OF NEW YORK ) SS.: COUNTY OF WARREN ) On the day of in the year 2022 before me, the undersigned, a notary public in and for said State, personally appeared BRIAN HOGAN, 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 SCHEDULE A ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK, BEING more particularly bounded and described as follows: BEGINNING at a capped iron rod being at the division line between lands now or formerly of Rockhurst, LLC. (Book 6427 of Deeds at Page 187) on the North and lands now or formerly of B. Hogan (Book 1243 of Deeds at Page 109) on the South, said point being in the West line of Holly Lane, and runs THENCE North 89' 26' East, along the North line of said Holly Lane, a distance of 8.5 feet to a point in the center of Holly Lane; THENCE South 05'44' East,through Holly Lane a distance of 100.71 feet to a point in the center of Holly Lane, aforesaid; THENCE South 89' 15'30" West, through Holly Lane a distance of 9.6 feet to a point in the Westerly line of B. Hogan, aforesaid: THENCE North 05°08' West along the Westerly line of Holly Lane a distance of 100.65 feet to the Point and Place of Beginning. SUBJECT TO the right of public travel over and across that certain paved portion of Holly Lane and the continued right of the Town of Queensbury, in addition to the traveled portion, to keep and maintain the shoulders and adjoining property for ordinary repairs and improvements. Holly Lane is a highway by use, opened to public travel and maintained by the Town of Queensbury in accordance with section 189 of NYS Highway Law. Holly Lane is defined by the Town of Queensbury as the paved area as it exists on this date, together with the shoulders used for intermittent work. The intent of this instrument is to convey to Grantee all right, title and interest of Grantor, if any, in and to the land described herein, subject to that certain highway by use known as Holly Lane as described above. Upon the execution and recording of this instrument, the premises described above shall merge into one parcel with the lands conveyed to Grantee by deed dated December 3, 2001 and recorded in the Warren County Clerk's Office on December 13, 2001 in Book 1243 at page 109. This merger shall be self-executing. Record & Return to: Jeffrey Meyer,Esq. Meyer, Fuller& Stockwell, PLLC 1557 U.S. 9 Lake George,New York 12845 (34 Holly bane) QUITCLAIM DEED THIS INDENTURE made the day of , 2022 BETWEEN TOWN OF QUEENSBURY, a Municipal Corporation with its principal offices located at: 742 Bay Road, Queensbury,New York 12804 (hereinafter referred to as"Grantor")and BRIAN HOGAN,having an address at 34 Holly Lane,Queensbury,New York 12804(hereinafter referred to as "Grantee") WITNESSETH,that the Grantor, in consideration of ONE AND 00I100 DOLLAR($1.00)lawful money of the United States,and other good and valuable consideration given by the Grantee,does hereby remise, release and quitclaim unto the Grantee, the successors and assigns of the Grantee forever, ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND situate in the Town of Queensbury, County of Warren and State of New York, more particularly described in Schedule A attached hereto and made a part hereof. The conveyance is further identified as "Portion of Holly Lane to be conveyed to Tax I.d. # 239.12-2-56 Street No. 34 Holly Lane" and depicted in Schedule B attached hereto and made a part hereof. . By this conveyance, the GRANTOR makes no assertions whatsoever that it has ever owned the lands herein described. This conveyance is made SUBJECT to all covenants, conditions, easements and restrictions of record affecting said premises. 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 herein granted unto the Grantee, the successors and assigns of the Grantee forever. AND the Grantor, in compliance with Section 13 of the Lien Law, covenants that the 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. WITNESSETH, that the GRANTEE, in consideration of ONE and 0/100 DOLLARS ($1.00) lawful money of the United States, and other good and valuable consideration given by the GRANTOR, does hereby remise, release and quitclaim unto the GRANTOR, and its successors and assigns forever, an easement for the purpose of turning plow trucks around using the driveway located on lands identified as tax parcel 239.12-2-56. THESE GRANTS ARE MADE TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the GRANTOR, and its heirs and assigns forever. AND the GRANTEE, in compliance with Section 13 of the Lien Law, covenants that the GRANTEE 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. IN WITNESS WHEREOF, the Grantor and Grantee have duly executed this deed the day and year first above written. TOWN OF QUEENSBURY Brian Hogan By: John Strough, Supervisor STATE OF NEW YORK SS.: COUNTY OF WARREN On the day of in the year 2022 before me, the undersigned, a notary public in and for said State, personally appeared JOHN 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 STATE OF NEW YORK SS.: COUNTY OF WARREN On the day of in the year 2022 before me, the undersigned, a notary public in and for said State, personally appeared BRIAN HOGAN, personally known to me or proved to me on the basis of satisfactory evidence cc 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 SCHEDULE A ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN, STATE OF NEW YORK, BEING more particularly BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING at a point at the division line between lands now or formerly of Rockhurst, LLC. (Book 6427 of Deeds at Page 191) on the North and lands now or formerly of B. Hogan (Book 1240 of Deeds at Page 96)on the East, said point being in the East line of Holly Lane, and runs THENCE South 06' 21' East, along the South line of said Holly Lane, a distance of 100.77 feet to the Northeast corner of lands of 3 Sons & Holly LLC. (Book 6416 of Deeds at Page 237); THENCE South 89' 15'30" West,through Holly Lane a distance of 9.6' feet to a point; THENCE North 05' 44' West, through the center of Holly Lane a distance of 100.71 feet to a point in the Southerly line of Rockhurst,LLC,aforesaid;THENCE North 89°26' East along the Southerly line of Rockhurst, LLC a distance of 8.5' to the Point and Place of Beginning. SUBJECT TO the right of public travel over and across that certain paved portion of Holly Lane and the continued right of the Town of Queensbury, in addition to the traveled portion, to keep and maintain the shoulders and adjoining property for ordinary repairs and improvements. Holly Lane is a highway by use, opened to public travel and maintained by the Town of Queensbury in accordance with section 189 of NYS Highway Law. Holly Lane is defined by the Town of Queensbury as the paved area as it exists on this date, together with the shoulders used for intermittent work. The intent of this instrument is to convey to Grantee all right, title and interest of Grantor, if any, in and to the land described herein, subject to that certain highway by use known as Holly Lane as described above. Upon the execution and recording of this instrument, the premises described above shall merge into one parcel with the lands conveyed to Grantee by deed dated November 19, 2001 and recorded in the Warren County Clerk's Office on November 26, 2001 in Book 1240 at page 96. This merger shall be self-executing. Record & Return to: Jeffrey Meyer, Esq. Meyer, Fuller& Stockwell, PLLC 1557 U.S. 9 Lake George,New York 12845