HomeMy WebLinkAbout20200707 Cuneo Lot Line Adjustment Application _rte
CITY OF SARATOGA SPRINGS
Planning Board
CITY HALL-474 BROADWAY (Application 6)
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550. FAX: 518-580-9480
HTTP://WWW.SARATOGA-SPRINGS.ORG (Date received)
APPLICATION FOR:
LOT LINE ADJUSTMENT
Submission Requirements:
Please submit (check boxes):
[] One (1) hard copy AND one (1)digital copy of the completed application and one (1) copy of the
revised plat for review. If approved, the City will require the submission of two (2) mylars (one for City
records and one for the applicant to file with Saratoga County Real Property Services)and two (2) paper
copies of the approved revised plat.
**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
❑■ Application Fee: Total U00. A check for the total amount made payable to: "Comnnissioner of
Finance" MUST accompany this application.
Part I: General Information
Applicant* Surveyor/Engineer
Name: Brian and Julie Cuneo Name: Joe Bianchine-ABD Engineers,LLP
Address: 14 America Way,Saratoga Springs, NY 12866 Address: 411 Union Street,Schenectady,NY 12305
Phone: 518-533-8950 Phone: 518-377-0315
E-mail: bcuneo@gmail.com E-mail: Joe@abdeng.com
Property#1: Property#2:
Tax Parcel#: 180.10-1-14 Tax Parcel#:180.10-1-9
Address: 14 America Way,Saratoga Springs,NY 12866 Address: 84 Dyer Switch Rd,Saratoga Springs,NY 12866
Owner's Name: Brian C. arid Jt.ilta F.Cuneo Owner's Name: Leta J.Rock-Wells
Phone: 518-533-8950 Phone: 518-441-1574
Identify primary contact person: •Applicant 0 Owner 0 Agent
*An applicant must be the property owner, lessee, or one with an option to lease or purchase the
property in question.
❑ Yes No Will any additional lots be created?
Yes 0 No Will the newly configured lots meet all minimum zoning requirements?
•Yes 0 No Will the proposed lot line adjustment comply with the Zoning Ordinance and
Subdivision Regulations?
❑ Yes a No Will the proposed lot line adjustment impede (existing or future) access or utility
service to the lots?
Part II. Revised Final Plat and Documents Checklist
The revised Final Plat must provide the following in accordance with the following checklist.
❑ Sheet size: not to exceed 24"x 36"
❑ Horizontal scale: not to exceed 1"=100'
❑ Title Block: Include existing subdivision name, identifying title, the words "City of Saratoga
Springs, Saratoga County, New York", submission date, names and addresses of applicants and/or property
owners, engineers, planners, and surveyors.
❑ Signature Block should read:
"Approved under authority of the Chairman of the Planning Board of the City of Saratoga Springs per the
Subdivision Regulations, Article V.
Chairperson Date Signed
❑ Site location map
❑ Location/type of property corners
❑ Zoning requirements, area and bulk schedule, setbacks
❑ Tax map numbers
❑ Names of all adjacent property owners
❑ Location of all existing/proposed utilities: water, sanitary sewer, storm water
❑ Location of all existing/proposed water and sewer services
❑ Any existing/proposed easements
❑ Any existing/proposed covenants
❑ Existing boundaries/area
❑ Proposed boundaries/area
❑ Seal and signature by licensed land surveyor
Part lII: Property Owner(s) Signature
I, the undersigned, have thoroughly read and understand the Application for Lot Line Adjustment and the list
of items to be shown on the Plats and Documents for Final Review and I consent to all the requirements as
set forth in this application. To the best of my knowledge the information provided in this application and on
the attached proposed plat and accompanying documentation is true and accurate.
_Property#1: Property 42:
Printed Name:Brian Cuneo Printed Name:
/
Signature: r ^._. Signature:
Date: ! 0/6/20 Date:
To be completed by City of Saratoga Springs
❑ Approved
❑ Not approved by Chair
Reasons:
Note: If the requested lot line adjustment is not approved by the Planning Board Chair as a minor
amendment, the applicant may seek approval by appearing before the full Planning Board.
Signature—Planning Board Chair Date
CONTRACT FOR PURCHASE AND SALE OF REAL ESTATE
1. This Contract for the Purchase and Sale of Real Estate("Agreement")is made this 22nd day of
September 2020 between Brian C. Cuneo and Julie F. Cuneo,with an address of 14 America Way,
Saratoga Springs, County of Saratoga, State of New York("Grantees"), on the one hand, and Leta J.
Rock-Wells,residing at 84 Dyer Switch Road, Saratoga Springs,New York("Grantor").
2. PROPERTY TO BE SOLD-The parties hereby incorporate by reference the survey prepared by
ABD Engineers,LLP entitled"Lot Line Amendment Land N/F Brian C. and Julie F. Cuneo and Leta J.
Rock-Wells"dated August 18,2020 (the"Survey"), a copy of which is attached hereto as Exhibit A.
The property which Grantor is agreeing to sell, and which Grantees are agreeing to purchase, is part of
82 Dyer Switch Road, Saratoga Springs,New York as described on Schedule A attached hereto and as
marked in highlight on the attached Survey. The Property shall be transferred by means of a
Boundary Line Agreement in the form attached hereto as Exhibit B (the`Boundary Line Agreement").
If the Grantees transfer their property located at 14 America Way, Saratoga Springs,New York("14
America Way") at any time prior to the filing of the Boundary Line Agreement with the Saratoga
County Clerk's Office,then the purchasers of 14 America Way shall be the signatories of the
Boundary Line Agreement, in lieu of the Grantees and the Property shall be transferred by means of a
Boundary Line Agreement in the form attached hereto as Exhibit C (and if the Marones do not
purchase, such names shall be substituted with the names of such purchasers). Grantor agrees that the
rights of this Agreement, and the Boundary Line Agreement, shall inure to the Grantees and
subsequent transferees of 14 America Way and shall run with the land.
3.PURCHASE PRICE-The purchase price for the Property is Thirty Thousand dollars ($30,000).
Grantees shall pay the purchase price to Grantees' attorney to hold in escrow, after approval of the
transfer by the required municipal offices of Saratoga Springs,and such Purchase Price shall be
released at a Closing,to Grantor after the filing of the Survey as an approved map with the Saratoga
County Clerk's Office and the signature by Grantor of the Boundary Line Agreement; if 14 America
Way has been transferred to Paolo Marone and Andrea Marone (the"Marones")before the filing of the
Survey and approved map with the Saratoga County Clerk's Office, then the Grantor shall sign the
Boundary Line Agreement in the form attached hereto as Exhibit C. The payment of the Purchase
Price is conditioned on the approval of this Agreement and the Boundary Line Agreement,by the
requisite municipal offices of the City of Saratoga Springs.
4. RECORDING FEES—The cost of the preparation of the Survey,the approval of the Survey by
any required municipal offices,the fees associated with the filing of any maps associated therewith,
and the fees associated with the filing with the Saratoga County Clerk's Office of the Boundary Line
Agreement, shall be paid by Grantees.
5. TITLE-Grantor represents that currently and at time of transfer of the Property that the Property is
free of all liens, encumbrances, security interests including without limitation mortgages. If at the
time of transfer of the Property,there are taxes due and owing on the property of which the Property
forms a part,then Grantor shall pay any such taxes due or required on Grantor's land for such transfer.
6.DEED -The Boundary Line Agreement and real property transfer gains tax affidavit and any other
documents required for filing,will be properly prepared and signed so that they will be accepted for
recording by the Saratoga County Clerk's Office.
7. NEW YORK STATE TRANSFER TAX-Grantees agree to pay the New York State Real
Property Tax as set by law.
S: TRANSFER OF TITLE/POSSESSION-The transfer of title to the Property from Grantor to
Grantees (or the purchasers of 14 America Way,per the above)will take place at the office of the
Grantees' attorney. The closing will occur within 7 days of the filing of the Survey as a map with the
Saratoga County Clerk's Office,provided that Grantor has signed the Boundary Line Agreement in the
forms attached hereto and any other forms required for the filing of the Boundary Line Agreement.
The parties agree to make all efforts to close by said date;however,neither party shall be penalized if
the closing cannot occur on that date unless"time is of the essence"is demanded on or after the date
set forth herein. In that case,the party being demanded upon shall close within two weeks of said
demand or be in breach of contract and liable for damages.
9. REAL ESTATE BROKER-Grantees and Grantor agree that no real estate broker brought about
the sale.
10. ESCROW—It is agreed that the escrow payment of the Purchase Price by the Grantees is to be
deposited with The Dalton Law Firm, LLC. Such payment will be held in escrow by The Dalton Law
Firm until all contingencies and terms have been met. If the contingencies and terms contained herein
cannot be resolved, or in the event of default by the Grantor or the Grantees,the deposits will be held
by The Dalton Law Firm,LLC pending a resolution of the disposition of the deposits.
If The Dalton Law Firm,LLC determines, in its sole discretion,that sufficient progress is not being
made toward a resolution of the dispute, The Dalton Law Firm,LLC may commence an interpleader
action and pay the deposit monies into Supreme Court of the county where the property is located.
The Dalton Law Firm,LLC's reasonable costs and expenses, including attorney's fees, shall be paid
from the deposit upon the resolution of the interpleader action and the remaining net proceeds of the
deposit shall be disbursed to the prevailing claimant. In the event the deposit is insufficient to cover
The Dalton Law Firm,LLC's entitlement,the non-prevailing party shall pay the remaining balance.
11. NOTICES -All notices contemplated by this Contract shall be in writing, delivered by(a)
certified or registered mail,return receipt requested,postmarked no later than the required date; or(b)
telecopier/facsimile transmitted by such date; or(c)personal service by such date,with copies to the
respective attorneys. The respective counsel for the Grantee(s) and the Grantor(s) are expressly
authorized to give and receive all notices under this Contract on behalf of their respective clients.
Notices sent to confirmed electronic mail addresses shall be an acceptable method of
providing notice to the counterparty.
12. ENTIRE AGREEMENT-This Contract and the Schedule and Exhibits attached hereto contain all
agreements of the parties hereto. There are no promises, agreements, terms, conditions, warranties,
representations or statements other than contained herein. This Contract shall apply to and bind the heirs,
legal representatives,successors and assigns of the respective parties. This Contract may not be changed
orally. This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original,and all of which together constitute one and the same Agreement,notwithstanding that each party
has not executed the same counterpart. A facsimile or electronic copy of this Agreement showing the
signatures of each of the parties, or,when taken together,multiple facsimile or electronic copies of this
Agreement showing the signatures of each of the parties,respectively,where such signatures do not appear
on the same copy, shall constitute an original copy of this Agreement requiring no further execution.
In Witness Whereof,the parties have duly executed this deed the day and year first above written.
In presence of -' �'"��----
Brian C. Cuneo
Juli . Cuneo
doI
A
1 ■
. J. ock- ells
SCHEDULE A
PARCEL DESCRIPTION,ROCK-WELLS TO
CUNEO DYER SWITCH ROAD,CITY OF
SARATOGA SPRINGS
ALL THAT TRACT,PIECE OR PARCEL OF LAND,situate,lying and being in the City of
Saratoga Springs, County of Saratoga and State of New York,being along the southeasterly side
of Dyer Switch Road and being more particularly bounded and described as follows:
BEGINNING at the intersection of the division line between lands N/F Rock-Wells (Instr.#
2019014815),on the northeast,and lands N/F Cuneo(Instr.#2016033350),on the southwest,with
the southeasterly side of Dyer Switch Road;
THENCE South 77°48'35" East a distance of 83.97 feet, to a point; and
South 53°15'52" East a distance of 113.41 feet, both courses and distances being through
the lands N/F Rock-Wells, to a point on the Rock-Well s/Cuneo division line;
THENCE North 63°40'40" West a distance of 192.97 feet along the Rock-Wells/Cuneo division
line, to a point on the southeasterly side of Dyer Switch Road, being the point or place of
beginning.
CONTAINS 1,978±square feet OR 0.045 ± acre.
EXHIBIT A
Attach copy of survey with Property to be transferred in highlights.
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