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Applicationi • CONS 1 T E PHONE 518.584 8881 PAX:518 584! 8851 WEB CLASITEBCOM LANDSCAPE ARCHITECTURE, ENGINEERING L PLANNING,P.C. November 15, 2007 Mr. Craig Brown Zoning Administrator Town of Queensbury 742 Bay Road Queensbury, NY 12804 Dear Mr. Brown: RECEIVED NOV 15 2007 tJ TOWN OF OUEENSBURY PLANNING OFFICE On behalf of Everest Enterprises I am making the attached submittal for Site Plan Review. The owners are proposing improvements to the Sleep Inn and Pizzeria Uno on Route 9 across from the Wal Mart Supercenter. The proposed design includes adding a pedestrian connection between the two establishments, expanding the hotel breakfast area and storage, adding an enclosed Jacuzzi room off the rear of the hotel area and a pool and patio between the two buildings. Thank you for meeting with me at the pre -submission conference last Thursday, November 81". Per our conversation, I delivered a copy of the plan we reviewed to Michael Shaw, wastewater superintendent, to determine the status of the sewer easement believed to be within our project area improvement envelope. Mr. Shaw advised me to check the status of the easement with the County Clerk as it may never have been properly filed. I plan to meet with the Clerk today. Thank you for your time and consideration. Best Regards, Michael J. Schreiber, ASLA CLA SITE Enclosures: Site Plan Review Submittal, Original with 14 copies CC: Jay Kapoor, Everest Enterprises, LLC Nov 14 07 09:52a TOWN OF QUEENSBURY COMMUN 5187454437 p•2 UPam Wh1in912007WpplicafionslSite Plan Review Application 092407.doc RECEIVED Site Plan Review Application NOV 1 1- 2007 Vi REVIEW PROCESS: TOWN OF QUEENSBURY PLANNING OFFICE 1. Required Pre -submission meeting with staff to determine general completeness to be held no later than 1 week prior to deadline day. Call (518) 761-8220 for an appointment 2. Submittal of complete application: 1 original and 14 copies of the application package by monthly deadline. 3. Determination of application completeness. All necessary information must be provided and appropriate fee(s) paid for consideration for placement on an agenda for that month. C! 5. Submittal to Warren County Planning, if applicable. 6. Planning Board meeting, generally the third & fourth Tuesday of each month. You will be advised in writing as to which meeting to attend. 7. Following the meeting you will be provided with a copy of the resolution stating the Board's decision on your application. if your application was approved, the next likely step is a Building Permit. Final drawings must be provided for the next phase of review. If your application was denied your project cannot proceed as submitted. DOCUMENTATION REQUIREMENTS: Please submit 1 original & 14 cop'les of the completed application package to include: • Completed Application: pages 1-9 completed, signed & dated • Pre -Submission Meeting Notes: signed by staff • Copv of Deed • Plot Plan • Fee 0 - 10,000 sf = $10 10,001- 30,000 sf = $250 30,001- 100,000 sf= $500 100,000 + sf = $1000 ZONING STAFF & CONTACT INFORMATION: Craig Brown, Zoning Administrator craiab(&gueensbury.net TBA, Land Use Planner Pam Whiting, Office Specialist 518-761-8220 pamw@oueensburv.net Visit our website at www.gueensbury.net for further information and forms Town of Queensbury Planning Office- 742 Bay Road • Queensbury, NY 12804 • 518-761-6220 1 Nov 14 07 09:53a TOWN OF QUE`SBURY COMMUN 5187454437 p.3 Tax Parcel ID Number: Zoning District: Detailed Description of Location of project: General Information sLet�—IP lNN 112s f' ?SS P17,Z.uNO: 6�1 15S KC-- IX current& proposed use]: ( f)#C �i t:� INN Will the proposal require a Septic Variance from the Town Board of Health? MC If the parcel has previous approvals, list application number(s): pA��cartt Nx� tten= f s d `-7 SV rzv l�V �� r yfXnA S P F-�NCoS N tgmepto�Aio s« 1k 361 -©54l �1t'VorKPr nrte Sig i � x S e 4 K-E - 36 I -GS4 ail:� - ��c,�rAalbany.fiwctx � � :` t a _ , 7 ihA7nL0.����E y •rC&A- `JY &-- N �T YamA+ IL3rUe Y _ g ' &1�-sqq -Io1q9 - rt 6AME A5 A PPUCkkYT - µYA gift€ A uyrailL � � � •={'.':i^ �.f�' � H K-,. �:..r rya Z t Town of Queensbury Planning Office- 742 Bay Road Queensbury. NY 12804 518-761-8220 2 Nov 14 07 09:53a TOWN OF QUEENSBURY COMMUN 5187454437 p.4 Site Development Data Area / Type Existing sq. ft. Proposed Additions . ft. Total sq. ft. A. Building footprint +000 21 Zvi, 3 6I6 24 gS<f B. Detached Garage C. Accessory Structure(s) D. Paved, gravel or other hard surfaced area 1Oo 720 —4 ;09 R6 55-2 E. Porches / Decks F. Other _ 1 G. Total Non -Permeable [Add A-F] 121 4S6 750 12I H. Parcel Area [43,560 sq. ft. / acre] tqq ;?,sr rq 61 zs e7 2sl I. Percentage of Impermeable Area of Site [I=G/H] (1.2 Setback Requirements Front [1 ] -7G Front [2) Shoreline Side Yard [1] 50' COM9i t-J t;-;-D 14.31 C©Me)oQL—i> IJO (:,RNN&G; Side Yard [2) Rear Yard [1] 2S' I24' 1[�' Rear Yard [2] Travel Corridor / Height [max) Permeability No. pf parking spaces I-4 O Town of Queensbury Planning Office- 742 Bay Road - Queensbury, NY 12804 - 518-761-8220 3 Nov 14 07 09:54a TOWN OF QUEENSBURY COMMUN 5187454437 p.5 Floor Area Ratio Worksheet Floor Area Ratio [FAR] is the relationship of building site to lot size dividing the total building square footage by the lot size in square feet, yielding a percentage. The applicable ratios are as follows: Zoningistnc t Symbc[ s t r` ti Floor Area {?a£>iQ (FAR Waterfront Residential I WR-3A 0.22 WR-1A Professional Office Po 0.22 Highway Commercial Moderate HC-Mod 0.3 Highway Commercial Intensive HC-Int 0.3 Neighborhood Commercial NC-1A 0.22 NC-10 Commercial Industrial CI-1A 0.3 Light Industrial LI-1A 0.3 Heavy industry HI 0.3 Enclosed Shopping Center ESC-25A See Zoning Administrator Building square footage includes all Floors of the primary structure, covered porches, and basements that may be suitable for living space. Detached storage buildings greater than 100 sq. ft. and detached garages are included in the FAR calculations. Building square footage does not include: open decks, docks and that portion of covered docks extending over the water, and one shed 100 sq. ft. or less. All additional sheds are included in the FAR calculations. 7 area !'?e7. n < ,_ lea jsc !ad lea', Primary Structure First Floor ( 17 61 Second Floor I q Basement Iivin space] Covered or enclosed porches Covered docks Guest House Apartment Detached Garage[s] Shed 1 shed 100 sq. ft or less exempt] Covered Dock or Boathouse[portion on land Other describe A. Lot area: Acres x 43,560 B. Total allowable Floor Area = A x see table for value gq '77 5 C. Existing Floor Area: total from above lines 27 D. Remaining Area: potentially developable = B minus C O E. Proposed Area of Construction y Note: if E is larger than D, a variance or revisions to your plan may be needed. Please consult w/Staff. Town of Queensbury Planning Office- 742 Bay Road - Queensbury. NY 12804 - 518-761-8220 4 Nov 14 07 09:54a TOWN OF COMMUN 5187454437 .. DO NOT WRITE ON THIS PAGE:ITEMS TO BE IDENTIFIED BY STAFF DURING PRE -SUBMISSION MEETING You should use this page for guidance when drafting your application; however, it will be completed by a staff member. Submittal of a plot plan depicting existing and proposed conditions shall include the items as noted below. Failure to include all required information may result in a determination of incompleteness and a delay in the processing of your application, Legend: R [required] NIA [not applicable]. R' NJA' GENERAL. - Title, Name, Address of applicant &person responsible for preparation of drawing Deed North arrow, Tax Map ID, date prepared and scale [minimum 1In. = •40 ft.] Boundaries of the property plotted to scale, zoning boundary Location of principal structures, accessory structures with exterior dimensions Location of site improvements incl. outdoor storage areas, driveways [existing & proposed] parking areas, etc. Setbacks for all structures and improvements Elevations and floor plans of proposed structures AimE Location of on -site sewage disposal facilities design details, construction details, flow rates, and number of bedrooms proposed Location of water supply,[i.e. well] and septic on adjoining lots with separation distances to existing or I proposed on -site water supply and septic Separation distances for proposed sewage disposal system to well and water bodies Location and description of 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 Percolation test location and results � +PARFCING d,0EREABL A:r SAS � '�� � t� r�ua r �. Number of spaces required for project including calculations and justification Number of existing parking spaces, number to be removed, number to maintain and type of surfacing material [e.g., gravel, paved] Provision for pedestrian and handicap access and parking Location and design details of ingress, egress, loading areas and cutting Location and character of green areas [existing and proposed], modification to green area, buffer zone to remain undisturbed Lighting, location and design of all existing or proposed outdoor lighting =' 1)DITIyC��iA(.SITEsQEU Location of on -site & adjacent watercourses, streams, rivers, take and wetlands Location of proposed & existing: utility /energy distribution system [gas, electric, solar, telephone] Location, design and construction of all existing and proposed site improvements including: drains, culverts, retaining walls, fences, fire & emergency zones and hydrants Location and amount/portion of building area proposed for office, manufacturing, retail sales or other commercial activities Town of Queensbury Planning Office 742 Bay Road - Queensbury, NY 12804 - 518-761-8220 5 Nov 14 07 09:55a TOWN OF QUF.,ENSBURY COMMUN 5187454437 p.7 WMONALSITEDEVEI{iPMEA1 AND;lYIS�EELANEOUS`CONT`D.; . Signage Location size, type, design and setback Waiver Request: provide letter with application requesting any waivers Commercial / Industrial Development requires submission of a Landscaping Plan, Stormwater Management Plan, Gracing Plan and a Lighting Plan The Board may request other elements as considered necessary Identify any Federal, State or County permits required for the project Please submit record of application for approval status of all necessary permits required from Federal, State and County officials I L i,;h 1'� V 1 /4') 1r — 5,'4, (+ 1)Fl / I) /sCv.SS,vPJ Date: / 1; 7 Staff Member: Applicant / Agent: Town of Queensbury Planning Office 742 Bay Road Queensbury, NY 12804 • 518-761-8220 6 Nov 14 07 09:56a TOWN OF QUEQlSBURY COMMUN 5187454437 P.8 1416+OtASf—Trot 12 PROJECT I.D. NUMBER E17.20 SEOR Appendix C State Environmental Quality Ravlew SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANTISPONSOR C-1-A ,SITS 2. PROJECT NAME SLEEP INJ PIZa.u1Jo CoAIN�GT1olJ+ 3. PROJECT LOCATION'M,y, y� y� �._ 1 Municipality (yV ��►NS rJLJ Count VV /1 1't`�-"v a. PRECISE LOCATION (Street More= and roan mlemectlonc prominent landaraka, co., of praylde maps .10b NqS #?-l" q AAJ D j 6C7 NYS 2T 50Vf 1A 0 1= sou ttI � I-, 12D, )A-c_iP- s Finn uJA-L-MM?-T- 3. IS PROPOSED ACTION/ ❑New a07�Eapanalpn ❑MxHIrallpNalNlalon S. DESCRIBE PROJECT BAIEFLY: &W( O(JNU L�t1�L �SCPPatxL�l.l OF sl i p 1►•1tJ IDYL aP-E. ';T d+g_iaAJ STo9A--&/ JAGUZ---1 at�A� P�D�t-�t�r`I cONt�r�criot�l R,JD I NtM L"1 G PoriL T. AMOUNT OF LAND AFFECTED Initial) 0•: i acme IAtlmatel �' � I acre. S. WILLPROPOGIED ACTION COMPLY WITH OUSTWO ZONING OR OTHER IEXIS71MG LAND USE RESTRICTIONS? Yea ❑ No If Ne. deadlbe brlelly 9. WHAT IS PRESENT LAND USE IN VICJNITYa�OFyq OJECT? ❑Arucenow ❑IMusLfM mGOlnamciN ❑Agrleultum ❑paWrromeUOpen apace ❑Otte, Dee Jibe: SLMP II.Il.I I-IoTLI- AND e(ZLa=(z`lA WJ0 (Lr�T>�tJlP�vtJT 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE 9F LOCAL)? `1 Yaa [}Ne If yes, I4e1 Stlimay(e) and permlUapp(y la Y s Wig tJ CO. 1 /DGl'T: or J40ALT`14 11. DOES ANY ASPV& OF THE ACTION NAVE A CURRENTLY VAUD PERMIT OR APPROVAL? 0 MINa If yes, flat agency name and permlUappN l 12. AS A RESULT OFPAOPOSED ACTION WILL EXISTING PERMIT/APPROVAL iEOUIRE MODIFICATION? D Yes ra I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicenVeParepr name: Kl&tFkAW_Li 1 5C4be:i Data: i1 q(V-12—1 L�— I( the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this ,assessment OVER 1 Town of Queensbury Planning Office- 742 Bay Road' Queensbury, NY 12804 • 518-761-8220 7 Nov 14 07 09:56a TOWN OF QUE,ENSBURY COMMUN PART It —ENVIRONMENTAL ASSESSMENT (To be completed by Agency) rl DOES ACTION EXCEED ANY TYPE I, THR£6NOLD IN 6 NYCAR PART 617.4? If yea coordinate me neNew process and life the FULL EIF. EL WrLL ACTION RECEIVE COOROHIATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRK PART eits? If No, a naY be superseded by imbiber insolVed agency. :QUID ACTION RESI/LT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: Wnswara may be henAwbton, if leglde) C1. Exislieg air chekity, suriaa or gmundwater quality or Quantity, noise k"ls, existing NaNlo PeDerns, solid waste production or d,s"Mi. pptendal far wosloh. drslnaga W flooding proclems? Explain briefly: CZ. Awnbeae agricultural, zace aclogical, Nstonc, w other natural W cultural maowcea; or community of mighborlood character? Explain briefir CJ. Vegflaftan ar fauna, Nah, $Wltihh or wiidlae sit"i", Significanl habltala, ar threatened or endangered species? Explain briefly: Ca A Ca rine.nay's foisting plane «goals As oMGehy adopted, or a charge in use or Wasalry of uae at JAM or other natural resources? M Growth, subsequent de Wpment. of relww actioliea Idmly lobe Indur<d by the proposed action? Explain briefly, CIE. Long term, short term, (I muhtlya, or other effects not IGMified In CI -CS? Eaplam trds". C7. Other Impacts (Including changes) in use of either quantity or type of anrgn? Explain txlelly. D. WILL THE ❑ Yee ❑ No E IS THERE, OR is THERE UKELY TO 6E CONTROVERSY RELATED TO ❑Yes ❑No 1f Yea captain brwy PART DI —DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreach adverse affect identified above, determinewhetherh is substantial. large, important arotherwiss significant. Each effect should be assessed in connection with its (a) setting (Le. urban or turag; (b) probability of occurring; (c) duration, (d) Irr*"Mibilitr. (a) neogrePhle Scope; and (?.magnitude. If necesaary, add attachmelrte a reference supporting fttafalals. Ensure that explanations contain suffklant deiall to show that Sit rMevam adverse Impacts have been Weniftied and adequatellf addressed. if question D of Part It was checked yas, the deteratinatlon end significance must evaluate the potential Impact of the proposec action ore the environmental chancierlatics of the CEA ❑ Check this box If you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box If you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Peter or Type, Name al aegpo"We Officer In Leac Aerncy cl"WHI Of 94HPansIble Otfiver m Lead AX;;V- rate of Respeneibl. OI Iar gnatwe at legate (11 amenrw I= rezpom, o Town of Queensbury Planning Office- 742 Bay Road - Queensbury, NY 12804 • 518-761-8220 8 Nov 14 07 09:56a TOWN OF QUNSBURY COMMUN p.10 Signature Page 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.) Official 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:�E,s !.1— G Designates: CL A S MC As agent regarding: Variance," Site Plan Subdivision For Tax Map No.: Deed Reference: OWNER SIGNATURE: APPLICANT'S AGENT FORM: Section Block Lot Book Page Date DATE: 111,q]o Complete the following if the APPLICANT is unable to attend the meeting or wishes to be represented by another party: Owner: lyf�iq�nF- Designates: CL.A S IT-e� As agent regarding: VarianceSite Plan Subdivision For Tax Map No.: Section Block Lot Deed Reference: A f Book _ Page Date OWNER SIGNATURE: DATE: W/`// o 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 histherAheir 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. If there is a discrepancy such record and the handwritten minutes taken by the designated stenographer, the handwritten minutes shall be deemed the official record. 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 pennit. I certify that the application, plans and supporting materials are a true and complete stalementtdescription 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 Ilwe may be required to provide an as -built survey by a licensed land surveyor of ail newly constructed facilities prior to issuance of a certificate of occupancy I have read and agree to the above. SIGNATURE OF APPLICANT: SIGNATURE OF AGENT: DATE: DATE: Town of Queensbury Planning Office- 742 Bay Road • Queensbury, NY 12E04 518-761-8220 9 X"coMn PeWrn TO: Ct,crWc fi.I)umec, E"p. lampry Grehler LLC tip eeever 64wt PIgnY� New YM tY201 WARRANTY DEED THIS INDENTURE, is made the 23r° day of March Two Thousand and Six between: D&C MANAGEMENT ASSOCIATES, INC., a corporation duly organized and existing in accordance with the laws of the State of New York, having its principal executive office located at 3008 Route 50, Saratoga Springs, New York 12866 (the "Grantor"), and EVEREST ENTERPRISES, LL.C, a limited liability company duly organized and existing in accordance with the laws of the State of New York, having its principal executive office located at 21 Summerf"d Lane, Saratoga Springs, New York 12866 (the "Grantee") W ITNESSETH that the Grantor, in consideration of Ten and 00/100 Dollars ($10.00) lawful money of the United States, and other good and valuable consideration paid by the Grantee, does hereby grant and release unto the Grantee, its heirs and assigns forever, All that tract, piece or parcel of land situate in the Town of Queensbury, Warren County, N.Y. lying along the easterly side of New York State Route No. 9, about 250 feet northerly of Montray Road and being further bounded and described as follows: Beginning at a point in the easterly line of New York U.S. Route No. 9 at the division line of Lot No. 13 to the South and Lot No. 14 to the North as shown on a Map of "Montray Heights" dated May 1920, made by Roswell S. Baylis C.E., filed in the Warren County Clerk's Office and runs thence northerly along the easterly line of New York U.S. Route No. 9 the following two courses North 8 deg. 22 min. 00 sec. East 176.10 feet to a point and North 1 deg. 13 min. 00 sec. East 34.15 feet to a point; thence easterly and southerly through lands of Devinder and Chandra Kapoor the following two courses South 83 deg. 46 min. 00 sec. East 355.82 feet to a point and south 6 deg. 04 min. 00 sec. West 210.00 feet to a point; thence continuing westerly through lands of Kapoor and along the aforementioned division line and its easterly extension north 83 deg. 46 min. 00 sec. West 360.0 feet to the point or place of beginning. Containing 1.72 plus or minus acres of land. The above described parcel is referenced to the magnetic Meridian and correlated to the Weeks-Kapoor conveyance, Book of deeds 677 page 853 (the "Premises"). BEING the same premises conveyed to the Grantor herein by Deed from Devinder Kapoor and Chandra Kapoor dated May 8, 1986 and recorded May 12, 1986 in the Warren County Clerk's Office in Book 681 at Page 155. • THIS CONVEYANCE is made and accepted subject to an indebtedness secured by a mortgage upon said the Premises held by First National Bank of Scotia, which mortgage was recorded in the Warren County Clerk's Office on August 30, 2002 in Book 1934 of Mortgages at Page 182, on which there is an unpaid principal of Five Hundred Sixty Seven Thousand Six Hundred Forty One and 17/100 Dollars ($567,641.17), with interest from March 1, 2006 at the rate set forth in the Note collateralized by said mortgage, which said mortgage debt the Grantee herein assumes and agrees to pay, as part of the purchase price of the Premises, and the Grantee hereby executes and acknowledges this Instrument for the purpose of complying with the provisions of the General Obligations Law, Section 5-705. 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 herein granted unto the Grantee and assigns forever. FURTHER, the Grantor covenants as follows: FIRST, the Grantee shall quietly enjoy the Premises; SECOND, the Grantor will forever warrant the title to the Premises. THIRD, in compliance with section 13 of the Lien Law, 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 improvements to the Premises, if any, 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 the Grantee have duly executed this deed the day and year first above written. GRANTOR: D&C MANAGEMENT ASSOCIATES, INC. By, Devinder Kapoor, President i 0 GRANTEE: State of New York ) )Ss: County of Saratoga ) EVEREST ENTERPRISES, LLC By: L'1�11'vl . - Sanjay Kapo , Member On the 23rtl day of March in the year 2006 before me, the KAPOOR, personally known to me or proved to me on individual(s) whose name(s) is (are) subscribed to the w he/she/they executed the same in his/her/their cap (i . instrument, the individual(s), or the person on behalf f yqh State of New York ) )ss: County of Saratoga ) On the 23f° day of March in the year 2006 before % the ur KAPOOR, personally known to me or proved t me on the individual(s) whose names) is (are) subscrib o e wibin he/she/they executed the same in his/her/thei a (ieinstrument, the individual(s), or the person on b h 1 of ici1 F:\wpdata\1238.0B9\deed.wpd i ned, personally appeared DEVtNDER tsI f satisfactory evidence to be the trume and acknowledged to me that that by ' /her/their signature(s) on the vidual(s) a ted, executed the instrument. CHMLES B. DUMAS NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN ALBANY COUNTY NO.02DU4780923 ��^ MY COMMISSION EXPIRES 11-30-J ""', Signed, personally appeared SANJAY Is of satisfactory evidence to be the tru nt and acknowledged to me that that his/her/their signature(s) on the vidual ) acted, executed the instrument. CMLES B. DUMAS NOTARY PUBLIC. STATE OF NEW YORK QUALIFIED IN ALBANY COUNTY N0.02OU4780923 y"""� ���"���,,,,,,,,���� MY COMMISSION EXPIRES 11-3C- _ t • WARREN COUNTY CLERK • RECORDING COVER SHEET EMP. INITIALS INSTRUMENT # No. of PAGES / TYPE OF DOC. J ADDTL. FEE TOWN ADDTL. NAMES TRANSFER TAX AMT. $ * MORTGAGE AMT. $ * * MORTGAGE TAX # * TRANSFER TAX STAMP * MORTGAGE TAX STAMP * * * * RECEIVED REAL ESTATE c AU6 - 21999 TRANSFER TAX WARREN COUNTY * ************************************************************************************** Please fill in blanks below before submitting for recording. PARTY OF THE FIRST PART PARTY OF THE SECOND PART kVE12t-57 v E� I�tofi (L L e" - , RECORDED BY: SA-N, A Jf'y k U0' RETURN TO: Upon recording, this page becomes a part of the document ($3.00) RECORDING STAMP / LfeE�t'ur•. / PAAND EXAMINED / WA RENCOUNTY. N Y / CARYL M.CLARK,CLERK / 99 AUG -2 PN 2: 40 / REC0Ror D �R FORM 0384 N.V. DEED, WARRA• (from a Corporation) with Lien Covenant • NATIONAL LEGAL SUPPLY, INC. 126 SHERIDAN AVE., ALBANY, N.Y 12210 ElmnkInbf r fl Made the 26th da y of July Nineteen Hundred and Ninety-nine Belween D & C Management Associates, Inc., 16 Deer Run, Gansevoort, New York, 12831 a corporation orfanized under the laws of New York State party of the first part, and Everest Enterprises, LLC, 21 Summerfield Lane, Saratoga Springs, New York„ 12866 party of the second part, Witnesseth that the party of the first part, in consideration of ------------------- ONE ----------------------- Dollar ($1.00 ) lawful money of the United States, paid by the party of the second part, does hereby Brant and release unto the part y of the second part, its heirs and assien.s forever, all that tract, piece or parcel of land, situate in the Town of Queensbury, Warren County, New York, lying along the easterly side of NYS Route No. 9, southerly of Sweet Road and being further bounded and described as follows: BEGINNING at a point in the easterly line of NYS Route No. 9 at the division line of lands N/F of V.W. Weeks (occupied by "Gambles Bakery") to the north and lands of D & C Management Associates, Inc. to the south, and runs thence easterly along said division line S87 degrees-36'-3011E, 234.861 to a point in the easterly line of the aforesaid V.W.Weeks; thence along said easterly line N06 degrees-58'-30"W, 100.0' to point in the southerly line of Sweey Road; thence along said southerly line of Sweet Road; thence along said southerly line S87 dgrees-36'-30"E, 75.70' to a point in the westerly line of lands N/F George Weeks and Donald Weeks; thence along said westerly line S-06 dgrees-51'-00"E, 200.0' to a point of intersection of the southerly line of the aforementioned George Weeks and Donald Weeks; thence continuing southerly through lands of D & C Management Associates, Inc. S06 degrees- 51'-001-E, 285.0' to a point in the northerly line of the Ponderosa Restaurant; thence along said northerly line N83 degrees-46'-00"W, 349.34, to a point in the easterly line of NYS Route No. 9; thence along said easterly line the following two courses N01 degrees-13'-00"E, 234.19, to a point and N06 degrees-20'-30"W, 123.93' to the point or place of beginning, containing 2.90+/- acres of land. The above described parcel is subject to two easements along the southerly line of the above descrbed parcel. Easement Along Southerly Line of Lot No. 1 Beginning at a point in the easterly line of NYS Route No. 9 where it is intersected by the northerly line of the Ponderosa Restaurant parcel and runs thence along the easterly line of NYS Route No. 9 N01 degree-13'-00"E, 15.06' to a point; thence easterly and southerly through lands previously described (D an / n.. .-....1 0oo A-_..___- nc, nn,,- 1.1 11. s m i.VC1CJ4 D11 l.Cl ilL 15C5, LLL/ L1 JU111IIICZL1 a LQ11C/ Oaxaca VlJm Springs, New 40rk, 12866 pa of the second part, Witnesseth that the party of the first part, in con.sec-eration of -------------------ONE----------------------- Dollar ($1.00 ) lawful nconey of the United States, paid by the party of the second part, does hereby Brant and release unto the part y of the second part, its heirs and ossi6ns forever, all that tract, piece or parcel of land, situate in the Town of Queensbury, Warren County, New York, lying along the easterly side of NYS Route No. 9, southerly of Sweet Road and being further bounded and described as follows: BEGINNING at a point in the easterly line of NYS Route No. 9 at the division line of lands N/F of V.W. Weeks (occupied by "Gambles Bakery") to the north and lands of D & C Management Associates, Inc. to the south, and runs thence easterly along said division line S87 degrees-361-3011E, 234.861 to a point in the easterly line of the aforesaid V.W.Weeks; thence along said easterly line N06 degrees-581-30"W, 100.0' to point in the southerly line of Sweey Road; thence along said southerly line of Sweet Road; thence along said southerly line S87 dgrees-36'-30"E, 75.701 to a point in the westerly line of lands N/F George Weeks and Donald Weeks; thence along said westerly line 5-06 dgrees-511-00"E, 200.01 to a point of intersection of the southerly line of the aforementioned George Weeks and Donald Weeks; thence continuing southerly through lands of D & C Management Associates, Inc. S06 degrees- 51'-00"E, 285.0' to a point in the northerly line of the Ponderosa Restaurant; thence along said northerly line N83 degrees-46'-00"W, 349.34, to a point in the easterly line of NYS Route No. 9; thence along said easterly line the following two courses NO1 degrees-13'-00"E, 234.191 to a point and N06 degrees-201-30"W, 123.931 to the point or place of beginning, containing 2.90+/- acres of land. The above described parcel is subject to two easements along the southerly line of the above descrbed parcel. Easement Along Southerly Line of Lot No. 1 Beginning at a point in the easterly line of NYS Route No. 9 where it is intersected by the northerly line of the Ponderosa Restaurant parcel and runs thence along the easterly line of NYS Route No. 9 NO1 degree-131-00"E, 15.06' to a point; thence easterly and southerly through lands previously described (2.90+/- acres), S83 degrees-46'-00"E, 347.171 to apoint and S06 degrees-511-00"E, 15.40' to a point in the northerly line of the Ponderosa Restaurant parcel; thence along said northerly line N83 degrees-461-00"W, 349.34, to the pointor place of beginning. Being a 15' wide easement entirely within the Queensbury Sleep Inn Parcel. A 30 x 30 Easement to the Town of Queensbury Beginning at a point in the easterly line of NYS Route No. 9, said point being distant the following two courses from the division line of lands N/F of V.W. Weeks to the north (occupied by "Gambles Bakery") and lands of D & C Management Associates, Inc. to the south S06 degrees-201-30"E, 123.93'to a point and SO1 degrees- 13'-00"W, 211.66' to the point of beginning and runs thence the following three (3) courses through lands of aforesaid D & C Management Associates, Inc. S83 degrees- 46'-00"E, 30.0' to a point; thence SO1 degrees-13'-60"W, 30.0' to a point; thenceN83 degrees- 46'-00"W to a point in the easterly line of NYS Route No. (, thence along said easterly line N01 degree-13'-00"E, 30.0' to the point or place of beginning, containing 0.0206 acres of land. The above described parcel is referenced to the magnetic meridian and correlated to the Kapoor's, and D & C Management Associates, Inc. Book of Deeds 1094 page 142. Together with the aps..tenances and all the estate and''hts of the party of the first part in and to id premises, IN�1 To have and to hold the premises herein ;ranted unto the party of the second part, its heirs and assigns forever. And the party of the first part covenants as follows: First, That the party of the second part shall quietly enjoy the said preiniscs; Second, That the party of the first part will forever Warrant the title to said prerni.ses. Third, That, in Compliance with Sec. 13 of the Lien Law. the grantor ioill 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 incproventent and will apply the same first to the payment of the cost of the improcenient before using any part of the total of the same for any other purpose. JnPresence of In Witness Whereof, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer this day of Nineteen Hundred and r State of New York l ss On this -2ncl da of � t9,u s t County of CJF/e' "� J Xineteen Hundred and 9 before n e personally carve 1 E✓jn/bC< S 1�,APoa2 to me personally known, who, being b� me duly sworn, did depose and say that hlw e resides in Ggi✓S�✓ooa'r Eo<-"-- that he is the Pre s, d en 4- of I t C /)' o-naqq¢men.: A--,soc'. 17,1 c - the corporation described in, and which execuied, the within Instrument; that he knows the seal of said corporation; that the seal alfted 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 name thereto by like order. THERESA A. R! Notary pudic, state Warren County, No. ! Comm. Expires Aug, IN m 111n.p�va. wi w.00 �+nu1 worn upp'& glee �v sloe vI "'o ..vue v/ sac improvement befor ing any part of the total of the 2e for any other purpose. �)nPresence of In Witness Whereof, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer this day of Nineteen Hun�d{reed, and By State of New York I On this 1�21711 dyl of A f5w5 County of G1'4 ✓ J ss' Xineteen Hundred and 9 before n e personally came 7EV//v6Ee S. /Apoo/L to me personally known, who, being b e duly sworn., did depose and say that he resides in G�¢n/S�Voo2�� New 9fme rc- that he is the of I +C mo-nagem,1 A55_vc. j c . the corporation, described in., and which executed, the within Instrument; that lie 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 /71-5 name thereto by like order. I TKRESA A. RIDDEL Notary Puetic, State of Newyork Warren County, No. MR15001212 Ceram. Expires Aug, 31.-?