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1979-06-05 SP 1� SUPERVISOR BRANDT— TOWN COUNSEL HAS NOTIFIED ME THAT WE MUST APPOINT AN ASSESSOR TO SIGN THE ROLLS. . . MR. LIAPES HAS ACCEPTED THE POSITION WITH THE UNDERSTANDING THAT HE WILL RESIGN WHEN A NEW ASSESSOR IS APPOINTED. RESOLUTION TO APPOINT ASSESSOR RESO UTTQN NO _ JQj., INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER: RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY APPOINTS MR. GEORGE LIAPES OF FOSTER AVENUE QUEENSBURY AS THE ASSESSOR OF THE TOWN OF QUEENSBURY. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MRS. WALTER , MR. ROBERTSON , MR. BRANDT NOES: NONE ABSENT : NONE RESOLUTION OF COMPENSATION RESOLUTION NO . 182 . INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER : RESOLVED , THAT THE TOWN BOARD> OF THE TOWN OF QUEENSBURY WILL HEREBY COMPENSATE MR. LIAPES FOR THE POSITION OF ASSESSOR THE SUM OF $1 , 000 . 00 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MRS . WALTER, MR. ROBERTSON , MR. BRANDT NOES : NONE ABSENT : NONE RESOLUTION CALLING FOR EXECUTIVE SESSION Ppc,nillTTQN NO . 183 , INTRODUCED BY MR. MICHEL BRANDT WHO MOVED FOR ITS ADOPTION , SECOND 'BY DR. CHARLES EISENHART : RESOLVED , THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY MOVES INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTERS. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MRS . WALTER, MR. ROBERTSON , MR. BRANDT NOES: NONE ABSENT: NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY SPECIAL TOWN BOARD MEETING JUNE 5, 1979 �.._ MEMBERS PRESENT : MICHEL BRANDT-SUPERVISOR DANIEL OLSON- COUNCILMAN DR. CHARLES EISENHART- COUNCILMAN MRS . FRANCES WALTER- COUNCILMAN HAMMOND ROBERTSON- COUNCILMAN ABSENT : JOSEPH BRENNAN- TOWN COUNSEL i 16 PRESS : G. F. POST STAR MEETING OPENED 7 : 30 P .M. SALUTE TO THE FLAG LED BY SUPERVISOR BRANDT SUPERVISOR BRANDT- PASSED OUT TO THE BOARD MEMBERS REPORT NO. 3 QUEENSBURY COLLECTION SEWERS FROM RIST-FROST ASSOCIATES (ON FILE IN THE TOWN CLERK ' S OFFICE) REVIEWED THE REPORT NOTING CAPITAL COSTS, IMPORTANT TO REMEMBER THAT THESE COSTS ARE 1983 DOLLARS, HIGHLY INFLATED DOLLARS . . . INFLATION HAS BEEN BUILT INTO ALL COSTS . . . REPORT INCLUDES USERS RATE SCHEDULE COUNTY SYSTEM, USERS COSTS FOR LOCAL SEWER SYSTEM, TABLE FOR RESERVOIR PARK USERS, AND NUMEROUS MAPS OF THE PROPOSED DISTRICT. . . REQUESTED THAT THE BOARD REVIEW THE REPORT AND NEXT WEEK RIST FROST WILL FORMALLY PRESENT TO THE BOARD THE REPORT AND AT THIS TIME WE WILL SET A PUBLIC HEARING . . . I AM IMPRESSED WITH THE TOTAL DOLLAR COSTS IT IS FAR MORE REASONABLE THAN I ANTICIPATED, I AM OP- TIMISTIC THAT THE PUBLIC WILL ACCEPT THIS IN REFERENDUM WHEN ALL THE INFORMATION IS PUT IN FRONT OF THEM. . . (COST TABLE ATTACHED) RESOLUTION TO APPROVE MINUTES RESOLUTION N0, 184. INTRODUCED BY MRS . FRANCES WALTER WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART: RESOLVED, THAT THE MINUTES OF MAY 29TH 1979 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MRS . WALTER, MR. ROBERTSON, MR. BRANDT NOES : NONE ABSENT : NONE LTR. CARL GARB RECOMMEND REJECTION OF ALL BIDS RECEIVED FOR ROLLER . . . (ON FILE) SUPERVISOR BRANDT- I HAVE SPOKEN WITH MR. GARB, HE FELT THAT THE RUBBER TIRED TYPE MACHINE DID NOT GIVE HIM THE PERFORMANCE HE HOPED TO SEE . . . RESOLUTION TO REJECT ALL BIDS RECEIVED ON A NEW SELF PROPELLED VIBRATORY --� ASPHALT COMPACTOR AND READVERTISE FOR A NEW ROLLER RESOLUTION NO, 185, INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : WHEREAS THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY REJECTS ALL BIDS RECEIVED ON A NEW SELF PROPELLED VIBRATORY ASPHALT COMPACTOR, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN OF QUEENSBURY SOLICIT SEALED BIDS FOR A NEW ROLLER AND THAT THE FOLLOWING NOTICE BE PUBLISHED ONCE IN THE OFFICIAL NEWSPAPER OF THE TOWN : NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WILL RECEIVE SEALED PROPOSALS ON ONE NEW ROLLER UP TO 2 : 00 P.M. ON TUESDAY JUNE 26TH 1979 AT THE TOWN CLERK' S OFFICE IN THE QUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVILAND ROADS, GLENS FALLS, NEW YORK 12801 , AT WHICH TIME THE BIDS WILL BE OPENED BY THE TOWN CLERK-DIRECTOR OF PURCHASING . BIDS MUST BE SUBMITTED IN SEALED OPAQUE ENVELOPES AND PLAINLY MARKED ROLLER BID, AND THERE SHALL BE SUBMITTED WITH SUCH BID THE CERTIFICATE OF NON-COLLUSION AS REQUIRED BY SECTION 103D OF THE GENERAL MUNICIPAL LAW, AND THE BIDDER MUST STATE THE DATE OF DELIVERY . THE TOWN BOARD WILL MEET AT THE QUEENSBURY TOWN OFFICE BUILDING AT 7 : 30 P.M. ON THE 26TH DAY OF JUNE 1979 AT WHICH TIME A DECISION MAY BE MADE ON THE BIDS . A COPY OF THE SPECIFICATIONS FOR THE PIECE OF EQUIPMENT MENTIONED WILL BE AVAILABLE IN THE OFFICE OF THE TOWN CLERK DURING REGULAR BUSINESS HOURS AT THE TOWN OFFICE BUILDING. THE TOWN BOARD RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS . DULY ADOPTED BY THE FOLLOWING VOTE: June 5 , 1979 QUEENSBURY SEWER DISTRICT NO. 1 TYPICAL TAXPAYER COSTS FOR LOCAL COLLECTION SYSTEM AND COUNTY DISTRICT ANNYAL COSTS(') 2 TYPE OF TAXPAYER ASSESSED VALUE LOCAL DISTRICT COUNTY DISTRICT TOTAL 159000 1S6 110 266 Single Family 20 , 000 174 125 299 Homes 25 , 000 193 141 334 303,000 211 156 367 SO Unit 300 ,000 2783 1979 4762 Motel 375 ,000 3075 2212 5287 450 ,000 3331 2445 5776 Retail Store - 60 ,000 624 438 1062 10 , 000 S.F . Sales 1209000 843 624 1467 Area 1803,000 1062 811 1873 1 Basic costs for standard service connections . For users utilizing grinder pump units furnished, installed and maintained by Town, increase annual cost by $74 per equivalent discharge unit. A single family house is used as a standard equivalent discharge unit. 2 County District costs are based on the "Report No . 3 on Wastewater Facilities Planning for the Lake George ­Upper Hudson Region, Warren County, N.Y. " (October 1977) and a May 29 , 1979 , letter from. Hazen & Sawyer - Engineers updating these costs (using higher limits of cost increases given in said letter) . 3 Estimate for first full year of operation. ('i .e . costs are in terms of 1983 dollars including in- flation, rather than 1979 dollars) . 1 AYES : MR. OLSON, DR. EISENHART, MRS . WALTER, MR . ROBERTSON, MR . BRANDT NOES : NONE ABSENT : NONE DR. CHARLES EISENHART, COUNCILMAN-REQUESTED ASSISTANCE IN FINDING A NEW VOTING LOCATION FOR DISTRICTS 13 AND 18 . . . DISCUSSION WAS HELD IN REGARD TO FIRE LANES AT THE VARIOUS MALLS IN THE TOWN. . . REQUESTED THAT THE TOWN CLERK CONTACT MR. BODENWEISER FOR PROPER MAPS OF THE PROPOSED AREA OF FIRE LANES AND ALL OTHER INFORMATION PERTINENT TO THE PROPOSED LANES . . I -- RESOLUTION CALLING FOR EXECUTIVE SESSION RFS(lf 11TTQW NIQ 1.AAp INTRODUCED BY MR. HAMMOND ROBERTSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY MOVES INTO EXECUTIVE SESSION TO INTERVIEW CANDIDATES FOR ASSESSOR AND DISCUSS NEGOTIATIONS . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MRS . WALTER, MR. ROBERTSON, MIS . BRANDT NOES : NONE ABSENT: NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE TOWN CLERK TOWN OF QUEENSBURY RESOLUTION TO AUTHORIZE SALE OF REAL PROPERTY BY THE TOWN OF QUEENSBURY TO THE PYRAMID COMPANY OF GLENS FALLS RE QLUTTf1N Nfl _ 17R , INTRODUCED BY MR. MICHEL BRANDT WHO MOVED ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, THE TOWN OF QUEENSBURY IS THE OWNER OF CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF QUEENSBURY , WARREN COUNTY , NEW YORK , DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHWESTERLY CORNER OF PARCEL ONE , AS DESCRIBED IN THE DEED TO THE PYRAMID COMPANY OF GLENS FALLS, DATED .JUNE 2 , 1975AND RECORDED IN THE WARREN COUNTY CLERK 'S OFFICE IN BK. 589 OF DEEDS AT PAGE 646 , AND WHICH IRON PIPE ALSO MARKS AN ANGLE POINT IN THE EASTERLY LINE OF THE TOWN HIGHWAY KNOWN AS QUAKER HILL ROAD, AND WHICH ROAD WAS CONVEYED BY CHARLES R. WOOD TO THE TOWN OF QUEENSBURY BY DEED DATED AUGUST 16 , 1973 , AND RECORDED IN SAID CLERK ' S OFFICE IN BK . 575 OF DEEDS AT PAGE 81 , RUNNING THENCE FROM THE PLACE OF BEGINNING , SOUTH 54 DEGREES 05 MINUTES EAST , AND ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE FOR A DISTANCE OF 331 . 60 FEET ; THENCE SOUTH 83 DEGREES 57 MINUTES EAST , CONTINUING ALONG THE SOUTHERLY LINE OF PARCEL ONE FOR A DISTANCE OF 199 . 23 FEET ; THEN SOUTH 6 DEGREES 03 MINUTES ' WEST ALONG THE MOST EASTERLY LINE OF THOSE PREMISES CONVEYED BY WOOD TO THE TOWN OF QUEENSBURY BY THE AFOREMENTIONED DEED , FOR A DIS- TANCE OF 60 FEET ; THENCE SOUTH 68 DEGREES 00 MINUTES WEST , AND ALONG THE NORTHWESTERLY BOUNDS OF LANDS OF THE NIAGARA MOHAWK POWER CORPOR- ATION , FOR A DISTANCE OF 108 . 84 FEET ; THENCE NORTH 54 DEGREES 05 MINUTES WEST ON A LINE WHICH IS PARALLEL TO AND 25 FEET DISTANT , NORTHEASTERLY , AT RIGHT ANGLES FROM THE SOUTHWESTERLY BOUNDS OF SAID LANDS CONVEYED TO THE TOWN OF QUEENSBURY BY THE AFOREMENTIONED DEED , FOR A DISTANCE OF 465 . 43 FEET; THENCE NORTH 22 DEGREES 09 MINUTES 40 SECONDS EAST FOR A DISTANCE OF 46 . 33 FEET TO THE PLACE OF THE BEGINNING AND CONTAINING 0. 732 OF AN ACRE , AND WHEREAS, PYRAMID COMPANY OF GLENS FALLS HAS ENTERED INTO NEGOTIATIONS WITH THE TOWN OF QUEENSBURY FOR THE PURCHASE OF SAID LANDS SUBJECT TO AN EX- CEPTION AND RESERVATION THEREFROM OF AN EXISTING EASEMENT GRANTED TO THE NIAGARA MOHAWK POWER CORPORATION BY THE TOWN OF QUEENSBURY AND ALSO SUBJECT TO AN EXCEPTION AND RESERVATION THEREFROM OF A PERMANENT EASEMENT TO THE 18 TOWN OF QUEENSBURY FOR WATER LINE MAINTENANCE PURPOSES , AND WHEREAS, AN ORAL AGREEMENT HAS BEEN REACHED BETWEEN THE TOWN BOARD OF THE TOWN OF QUEENSBURY AND PYRAMID COMPANY OF GLENS FALLS FOR THE CONVEYANCE OF SAID PROPERTY BY THE TOWN OF QUEENSBURY TO PYRAMID COMPANY OF GLENS FALLS IN ACCORDANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF A PROPOSED DEED , A COPY OF WHICH IS ANNEXED HERETO AS EXHIBIT ' 'A l ' AND A SEPARATE AGREEMENT , A COPY OF WHICH IS ANNEXED HERETO AS EXHIBIT " B " AND WHEREAS, THE $7 , 500 SUM TO BE PAID BY PYRAMID COMPANY OF GLENS FALLS TO THE TOWN OF QUEENSBURY FOR THE REAL PROPERTY INTEREST TO BE CONVEYED TO PYRAMID BY THE TOWN REPRESENTS A FAIR AND REASONABLE CONSIDERATION THEREFOR, AND WHEREAS, THE REAL PROPERTY TO BE CONVEYED TO PYRAMID BY THE TOWN IS NOT NECESSARY OR SUITABLE FOR ANY TOWN PURPOSE OTHER THAN THE MAINTENANCE OF THE WATER LINE WHICH PASSES IMMEDIATELY AND CONTIGUOUSLY TO THE SOUTH OF THE PREMISES TO BE CONVEYED TO PYRAMID BY THE TOWN , AND WHEREAS, RETENTION OF OWNERSHIP OF THIS REAL PROPERTY IS NOT NECESSARY FOR THE MAINTENANCE OF SAID WATER LINE , AND WHEREAS, THE TERMS , CONDITIONS AND PROVISIONS OF EXHIBITS ' 'A' ' AND " B PROTECT THE TOWN ' S INTEREST IN ALL RESPECTS AS TO THE WATER LINE OF THE TOWN WHICH PASSES THROUGH THE PROPERTY OF WHICH OWNERSHIP IS BEING RETAINED BY THE TOWN OF QUEENSBURY , AND WHEREAS, .JOSEPH R. BRENNAN , ESQUIRE , COUNSEL TO THE BOARD, HAS APPROVED THE FORM OF THE DEED , EXHIBIT ' ' A' ' AND THE AGREEMENT , EXHIBIT ' ' B " , AND HAS IN FORMED THE TOWN BOARD THAT THE SALE OF SAID REAL PROPERTY IS SUBJECT AS A MATTER OF LAW TO A PERMISSIVE REFERENDUM , AND WHEREAS, IT WOULD APPEAR TO BE IN THE BEST INTEREST OF THE TOWN OF QUEENSBURY TO CONVEY THE PROPERTY TO PYRAMID COMPANY OF GLENS FALLS SUBJECT TO THE TERMS , CONDITIONS AND PROVISIONS OF EXHIBITS ' 'A ' ' AND ' ' B01 HERETO , NOW , THEREFORE BE IT RESOLVED, THAT SUBJECT TO A PERMISSIVE REFERENDUM , THE SALE OF SAID PREMISES AND INTEREST OF THE TOWN OF QUEENSBURY IN SAID REAL PROPERTY IS HEREBY ` APPROVED AND THE SUPERVISOR OF THE TOWN OF QUEENSBURY IS AUTHORIZED TO EXECUTE THE ORIGINAL OF THE ANNEXED DEED , EXHIBIT "A" AND THE _ ORIGINAL OF THE ANNEXED AGREEMENT , EXHIBIT ' ' B ' ' AND TO DELIVER TO PYRAMID COMPANY OF GLENS FALLS THE ORIGINAL EXECUTED DEED UPON EXECUTION OF THE ANNEXED AGREEMENT , EXHIBIT ' 'B ' ' BY PYRAMID COMPANY OF GLENS FALLS AND UPON PAYMENT OF THE SUM OF $7 , 500 . BY PYRAMID TO THE TOWN OF QUEENSBURY , AND BE IT FURTHER RESOLVED , THAT THE TOWN CLERK BE DIRECTED TO CAUSE NOTICE OF THE ADOPTION OF THIS RESOLUTION TO BE POSTED AND PUBLISHED AS REQUIRED BY LAW WITH SAID NOTICE SPECIFYING THAT THIS RESOLUTION WAS ADOPTED SUBJECT TO A PERMISSIVE REFERENDUM. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MRS. WALTER , MR. ROBERTSON , MR. BRANDT NOES : NONE r,. ABSENT : NONE r,r r r` Rev.2/77 e TUT•LA F/7f nw,.rewc.n u s T. orr,eR FORM 584X N. Y. DEED—WARRANT with Lien Covenant (From Corporation) C� t 4jubjenturel Made the day of Nineteen Hundred and Seventy-Nine, etUeen THE TOWN OF QUEENSBURY, a municipal corporation 11 1 S,Mimi xacmdc�t8ec duly existing under and by virtue of the laws of the State of New York, and situate in the County of Warren, State of New York, party of the first part, and PYRAMID COMPANY OF GLENS FALLS, a partnership, having a principal office and place of business at Aviation Road, Town of Queensbury, Warren County, New York, .part y of the second part, i#nes$04 that the party of the first part, in consideration of --------------- Seven Thousand Five Hundred and No/100------------Dollars ($7,500.00 lawful money of the United States, paid by the art y of the second part, does hereby grant and release unto the part y of the second part, its successors and assigns forever, all THAT CERTAIN PARCEL OF LAND situate in the Town of Queensbury, Warren County, New York, being the southerly portion of the town highway known as Quaker Hill Road, in said town, and which said parcel is bounded and described as follows: BEGINNING at an iron pipe marking the southwesterly corner of Parcel 1, as described in the deed to the Pyramid Company of Glens Falls, dated June 2, 1975, and recorded in the Warren County Clerk's Office in Book 589 of Deeds at Page 646, and which iron pipe also marks an angle point F in the easterly line of the town highway known as Quaker Hill Road, and which road was conveyed by Charles R. Wood to the Town of Queens- bury by deed dated August 16, , 1973, and recorded in said Clerk's Office in Book 575 of Deeds at Page 81, running thence from the place of beginning, South 54 degrees 05 minutes East, and along the southerly line of said Parcel 1, for a distance of 331.60 feet; thence South 83 degrees 57 minutes East, continuing along the southerly line of Parcel 1, for a distance of 199.23 feet; thence South 6 degrees, 03 minutes West, and along the most easterly line of those premises conveyed by Wood to the Town of Queensbury by the aforementioned deed, for a dis- tance of 60 feet; thence South 68 degrees 00 minutes West, and along the northwesterly bounds of lands of the Niagara Mohawk Power Corpora- tion, for a distance of 108.84 feet; thence North 54 degrees 05 minutes West, on a line which is parallel to and 25 feet distant, northeasterly, at right angles from the southwesterly bounds of said lands conveyed to the Town of Queensbury by the aforementioned deed, for a distance of 465.43 feet; thence North 22 degrees 09 minutes 40 seconds East for a distance of 46.33 feet to the place of beginning, and containing 0.732 - of an acre. - EXCEPTING AN) RESERVING from the above described parcel, a permanent guy wire easement conveyed by the Tom of Queensbury to the Niagara Mohawk Power Corporation, which easement is dated Novamber 10, 1977, and recorded In the Warren County Clark's Office in Book 610 of Deeds at Page 11; s*W oaaasent being located In the southeasterly corner of the above described 0.732 acre parcel. ALSO EXCEPTING from the above described parcel, a percent easement for maintenance purposes over the southerly 15 feet of the above des- cribed parcel, and Mich said easement is further described as follows: BEGINNING at the southwesterly corner of the above described 0.732 EXHIBIT "A" acre parcel, running thence North 22 degrees 09 minutes 40 sec East for a distance of 15.44 feet; thence South 54 degrees seconds East, on a line which is parallel to and 15 feet distant* northeasterly, 05 minutes at right angles from the southerly line of the above described sterl , acre parcel, fora distance of 4»78,51 feet; thence South 68 degrees 0o minutes Vest, and along the southeasterly bounds of the parcel, for a distance of 17.70 feet to the southeasterly above describe ove described parcel; thence North 54 degrees fly minutes West r and sa along the motherly line Of said above described ' of 465.43 ,feet to the place of beginning, parcel, for distance acre. g , and containing 0.162 of an ALSO CONVEYING herewith a permanent easement for gradin $ crossing, by foot or vehicle (but not for g� P wing and a strip of land adjoining the above described $ 0.732 over a ce foot wide southwest, and which said easement is describedasfollowsCl on the BEGINNING at the southwesterly corner of the above described 0 acre parcel, running thence South 54 degrees 05 minutes East, and2 along the southerly line of said 0.732 acre parcel, for a distance of 465.43 feet to the southeasterly corner of said parcel; thence South 68 degrees 00 minutes West, and along the northwesterly line of lands of Niagara Mohawk power Corporation, for a distance of 29.51 feet; thence North 54 degrees 05 minutes West, along a line which is parallel to and 25 feet distant, southerly, at right angles from the southerly line of said 0.732 acre parcel, and also y erly line of a water line easement owned bhegCitynoftGlensrFheast- for a distance of 443.64 feet to a point which is situate at a disc' tance of 57.66 feet on a course of South 54 degrees 05 minutes from a concrete monument marking the northwesterly corner of East acre parcel secondly described in the deed to the pyramid Companylofg Glens Falls, dated June 2, 1975, and recorded in the Warren County Clerk's Office in Book 589 of Deeds at Page 646; thence North 22 degrees 09 minutes 40 seconds East for a distance of 25.74 feet to the place of beginning, and containing 0.261 of an acre. In the event it shall become necessary for the party of the first part to excavate upon the parcel upon which this permanent easement is granted, it shall be the obligation of the party of the first part to vation at its sole expense and to bring such ex avatedfareasuchtoxca- grade level at the conclusion of excavation operations, whereupon it shall be the obligation of the party of the second part to repave such area at its sole expense. 4 ToSeter with the appurtenances and all the estate and rights of the party of the first part in and to said premises, to haUt nub to 401b the premises herein granted unto the party of the second part, its successors and assigns forever. nb the party of the first part covenants as follows: first, That the part y of the second part shall quietly enjoy the said premises; ecnnb, That the party of the first part will forever ARarrant the title to said premises. thirb, That, in Compliance with Sec. 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 the improvement and will apply the same first to the payment of the cost of the improvement before using any ,mart of the total of the same for any other purpose. 4n Presence of 4n Xibass 04treof, 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 Seventy- Nine. TM MWN OF ==max By Michel R. Brandt, Supervisor a#Ne* fork On this day of $ Warren ss. Nineteen Hundred and Seventy-nine, before me Personally came MICHEL R. BRANDT to me personally known, who, being by me duly sworn, did depose and say that he resides in the Town of Queensbury, Warren County New York- that he is the Supe�vis r oT JE TOWN OF OU ENSIBURY, the mVci al cor ra { g�in, and whtc executed, t e it an nstrurnent; that a kr�ows the seal of said tilSR, that the seal affixed to said Instru corporate seal; that it was so affixed by order of the Town Board of said/ *9A�nd that he signed his name thereto by like order. Notary Public i E A G R E E M E N T THIS AGREEMENT, made in duplicate originals this day of May, 1979, by and between PYRAMID COMPANY_' OF a New York general partnership with offices at 5795 vlidewater.i Parkway, Dewitt, New York ( hereinafter "Pyramid") and the 1110-N OF QUEENSBURY, a municipal corporation with offices in the Town of Queensbury, Warren County, New York (hereinafter the "Town") ; WHEREAS, the Town has, on even date herewith, conveyed to Pyramid a fee interest in premises in the Town of Queensbury, Warren County, New York ( reserving an easement over a portion thereofland, by said deed has also conveyed a permanent right-of way over a 25 foot wide stip of land adjacent thereto for a consideration of $7, 500, and WHEREAS, the parties are desirous of clarifyin I g their relationship in connection therewith W I T N E S S E T H NOW therefore, the parties agree as follows : 1 . That throughout the duration of the easement granted Pyramid over the 25 foot strip, Pyramid agrees that it will not, now or in the future, reduce the amount of cover material over the water lines lying under said parcel. to a depth of less than 5 feet at any point. 2 . Pyramid further agrees to indemnify and hold harmless the Town of Queensbury and its insurance carriers from any and all claims, liabilities, litigation liabilities, judgments or awards which in any way arise or result from Pyramid 's use or utilization EXHIBIT "B" of the fee premises described in the aforementioned deed or the 25 foot wide easement conveyed therein and specifically from any claim that such use by Pyramid increased or altered responsibility of the Town in relation to the installation, maintenance, and ownership of said water line. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above mentioned. PYRAMID COMPANY OF GLENS FALLS By: TOWN OF QUEENSBURY By: