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: