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HomeMy WebLinkAbout20180786 Macica Subdivision Approved Easements Easement Granting Adjoining Owner's Rights in a Common Driveway This Agreement, made this day of May, 2019, by and between the party of the first part (Part 1) and the party of the second part (Part 2). WHEREAS, Part I is the owner in fee simple of certain premises described by a deed dated June 12, 1951 and recorded with the Saratoga County Clerk's Office on June 13, 1951 in Book 536 at page 346; and also Part I is the owner in fee simple of certain premises described by a deed dated September 13, 1988 and recorded in the Saratoga County Clerk's Office in Liber 1244 of Deeds at page 354. WHEREAS Part 2 is the owner in fee simple of a certain premises described by deed dated June 12, 1951 and recorded in the Saratoga County Clerk's Office on June 13, 1951 in Book 536 at page 346; and also Part 2 is the owner in fee simple of certain premises described by a deed dated September 13, 1988 and recorded in the Saratoga County Clerk's Office in Liber 1244 of Deeds at page 354. WHEREAS there exists a common driveway which lies in part on premises owned by Part I and in part on the premises owned by Part 2, and WHEREAS said driveway will be used in common by persons seeking to gain access to the premises of each of the parties to this Agreement; and WHEREAS in order for the parties and their invitees to park and maneuver their automobiles it is necessary for them to travel over premises owned by each of the parties; and WHEREAS each party desires to permit the other and his/her invitees ingress and egress over the common driveway; and WHEREAS, the parties wish to provide for the maintenance of the driveway and other areas used in common; NOW THEREFORE, in consideration of the sum of One Dollar($1.00) and other good and valuable consideration, it is hereby agreed as follows: 1. Each party grants to the other,their heirs, successors, assigns and invitees full and free access over the common driveway leading from NYS Route 29-S.H. 443, with full authority to enter and exit over said driveway for the purpose of gaining access to the premises of each of the parties hereto, and depicted on a map filed with the Office of the Saratoga County Clerk on the day of May, 2019, titled"Subdivision Plat, 104 Old Schuylerville Road,"prepared by Ingalls & Associates, LLP, dated January 31, 2019 and revised March 8, 2019. The common easement is delineated on said map. 2. The cost of future maintenance of the paved common driveway including snow plowing and seal-coating shall be borne equally by the parties to this agreement. 3. The responsibility for the coordination and direction of all maintenance of the common driveway shall be the owner of Lot 3, as designated on said map. 4. The Agreement shall be binding upon the parties hereto, their heirs, successors and/or assigns. Signed: , .F :117111.w .[ .ail .F iL .Ata. .....-.~" KAT ERIr � MACICA (Part 1) 242 Saratoga Boulevard Saratoga Springs,NY 12866 g;a5) ,(< IAT N MACICA (Part 2) 242 Saratoga Boulevard Saratoga Springs,NY 12866 RR: City Attorney 474 Broadway Saratoga Springs,NY 12866 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is made this day of , 2019, by Katherine Macica, ("Declarant"), an individual with residence at 242 Sarat ga Boulevard No. B-106, Saratoga Springs,New York. RECITALS WHEREAS,Declarant is the owner in fee of certain real property in the City of Saratoga Springs Saratoga County, New York, more particularly described as follows: ALL THOSE CERTAIN LOTS, PIECES OR PARCELS OF LAND designated as "Deed Restricted Conservation Area", totaling 43.7 +/- acres as shown on map entitled "Subdivision Plat, Old Schuylerville Road-Conservation Subdivision," prepared by Ingalls & Associates, LLP, dated January 31, 2019 and filed in the Office of the Saratoga County Clerk as Map Number ; and WHEREAS, Declarant has applied for subdivision of property in accordance with the City of Saratoga Springs Residential Conservation Subdivision Ordinance and related Conservation Area and No Cut Buffer Planning Board Policy. As consideration for the benefits of that provision Declarant must restrict certain activities on the Open Space (Conservation Area) portion of that real property described on"Final Plat"as referenced above; NOW THEREFORE, Declarant hereby declares that the Property shall be held, owned, transferred, conveyed, leased, occupied, or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant, its successors, and assigns, lessees, or other occupiers and users (collectively Declarant). 1. Prohibitions. Declarant is and shall be prohibited from the following: filling, draining, cutting, flooding, dredging, impounding, clearing, burning, excavating, erecting, constructing, releasing wastes or otherwise conducting or allowing any similar activity on the Open Space portion of the Property; introducing exotic or non-native species to the Open Space portion of the Property (except biological controls pre-approved in writing by the City), and from changing the grade or elevation, impairing the flow or circulation of waters reducing the reach of waters, and any other discharge or activity requiring a permit under any environmental, clean water or water Pollution control laws and regulations, as amended. The following are expressly excepted from this paragraph: a) cumulatively very small impacts associated with hunting, fishing, and similar recreational activities, consistent with the continuing natural condition of the Open Space portion of the Property, and b) ordinary and necessary maintenance. 2. Other Restrictions. The Declarant represents and warrants that no restriction of record on the use of the Open Space portion of the Property, nor any presently existing future estate or interest in the Open Space portion of the Property, nor any lien, obligation, covenant, limitation, lease, mortgage or encumbrance of any kind precludes the imposition of the restrictions, covenants, obligations or agreements of this Declaration, or the maintenance of the Open Space portion of the Property in accordance herewith. 3. Existing Conditions, The Declarant represents and warrants that no structures of any kind, and that no violations of any these Restrictive Covenants, exist on the Open Space portion of the Property at the time of execution of this Declaration. 4. Reserved Rights. The Restrictive Covenants set forth in this Declaration are created solely for the protection of the Open Space portion of the Property, and for the consideration and values set forth above, and Declarant reserves the right to engage in all acts or uses not prohibited by this Declaration and not inconsistent with the conservation purposes hereof. It is expressly understood and agreed that the terms of this Declaration do not grant or convey to members of the general public any rights of ownership, entry or use of the Open Space portion of the Property. Said restrictive covenants do not apply to utility easements and associated future access and maintenance of utilities. 5. Recording. A Final Plat depicting the boundaries of the Open Space portion of the Property was recorded on , 2019 with the Saratoga County Clerk as Map Nos. . The Declarant shall record this Declaration in the records of the Saratoga County Clerk, who shall ensure that this Declaration is indexed against the Open Space portion of the Property, and shall provide the City of Saratoga Springs with a copy of this Declaration, as recorded, within 30 days of execution hereof. 6. Right of Entry. The City of Saratoga Springs and their authorized agents shall have the right, but not obligation, to enter and go upon the lands of Declarant at all reasonable times and with seven (7) days prior notice, absent an emergency, to a) inspect the Property to determine and verify compliance with the Restrictive Covenants set forth in this Declaration; b) monitor the status, condition and location of wetlands and natural resources; c) conduct research and development of the natural ecosystem; d) enforce the terms of this Declaration; and e) take any and all actions necessary and appropriate to remedy or abate any violations thereof. The City of Saratoga Springs and their authorized agents agree to hold harmless the current and future owner(s) for any and all claims for personal injuries alleged to be sustained while on or inspecting the Open Space, except for any such claims arising out of owner(s) negligence. 7. Enforcement. The Declarant grants to the City of Saratoga Springs a discretionary right to enforce the Restrictive Covenants set forth in this Declaration in a judicial action against any person or other entity violating or attempting to violate these Restrictive Covenants provided, however, that no violation of these Restrictive Covenants shall result in a forfeiture or reversion of title. In any enforcement action, an enforcing agency shall be entitled to a complete abatement of and restoration for any violation, as well as any other judicial remedy such as civil or criminal penalties and an award of reasonable attorneys' fees and expenses. 8. Notice to Government. Any permit application or request made to any governmental entity and affecting the Open Space portion of the Property shall expressly reference and include a copy (with the recording stamp) of this Declaration. Page 2 of 3 Katherine Macica Declaration of Restrictive Covenants 9. Property Transfers. Declarant shall include the following notice on all deeds, mortgages, plats, or any other legal instruments used to convey or encumber any interest in the Property (failure to comply with this paragraph will not impair the validity or enforceability of these Restrictive Covenants): NOTICE: This Property Subject to Declaration of Restrictive Covenants was recorded at Book: at Page in the County of on of May, 2019. 10. Amendment. This Declaration may only be amended by a recorded document signed by the Declarant after written approval by the City of Saratoga Springs. Amendment shall be allowed at the discretion of the City, in consultation with resource agencies as appropriate, and then only in exceptional circumstances. There shall be no obligation to allow an amendment. 11. Severability Provision. Should any separable part of these Restrictive Covenants be held contrary to law, the remainder shall continue in full force and effect. IN WITNESS WHEREOF,the Declarant has duly acknowledged and executed this Declaration of Restrictive Covenants on the date written above. By: ,. a Printed Name:. 1 q.- Title: STATE OF NEW YORK ) ss.: COUNTY of S �.1 c 0 } Ai On this te day of ii in t s e ear Two Thousand Nineteen, before me, the undersigned, personally :.ppeared,;,i , IC1 ■ .t -',.. t.ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. MARYELLEN MAXWELL 1/1/ Notary Public,State of New York No. �p F NOTAR PUBLIC—STAT OF NEW YORK Qualified in Saratoga Cou - ,,a. 3 Commission Expires larch 8, . Page 3 of 3 Katherine Macica Declaration of Restrictive Covenants Department of Taxation and Financer -39 frINEW ' P YORK Change in Mailing Address for Certain (111 7) STATE . Real Estate Transfer Tax Forms if Using a Private Delivery Service There has been a change to the address that must be used when submitting certain forms through a private delivery service rather than by U.S. Mail. Send Form TP-584, Combined Rea/Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax, to: NYS TAX DEPARTMENT REIT PROCESSING UNIT 90 COHOES AVE GREEN ISLAND NY 12183-1515 Send Form TP-588, Cooperative Housing Corporation Information Return, to: NYS TAX DEPARTMENT TDAB—TRANSFER TAX 90 COHOES AVE GREEN ISLAND NY 12183-1515 See Publication 55, Designated Private Delivery Services, for information about establishing the date you filed, and for the address to use for other forms. Department of Taxation and Finance enfINEW 41 YORK Important Notice to Home buyers TP . STATE (6/1 6) If you are buying residential property and you plan to make it your primary residence, you may be entitled to school tax relief through the New York State STAR credit. To receive this credit, you must register with the Tax Department after you have taken title to the property. To register or to get more information, visit our website at wwwtax.ny.gov or call 518-457-2036. Do not file an application for the STAR "exemption" with your assessor, since new STAR exemptions will no longer be granted. School tax relief is now provided to new applicants through the STAR credit. 24 combined ea estate Transfer Tax Return, - . Credit Line Mortgage Certificate, and Certificationof Exemption from the Paymentof sty ated Personal ITax See Form TP-584-I Instructions for Form TP-584,before completing this form. Print or type. Schedule A Information relating to conveyance Grantor/Transferor Name(if individual,last,first,middle Irina°(0 check if more than one grantor) Social security number 0 Individual Macica,Katherine , . " ❑ Corporation Mailing address Social security number ❑ Partnership 242 Saratoga Boulevard No. B-I06 ❑ EstatefTrust City State ZIP code Federal EIN 0 Single member LLC Saratoga Springs NY 12866 ❑ Other Single member's name if grantor is a single member LLC(see instructions) Single member EIN or SSN Grantee/Transferee - Name(if individual,last,first,middle initial(0 check if more than one grantee) ocia security number [J Individual Macica, Katherine 7,3-2 El Corporation Mailing address Social securitynumber ❑ Partnership 242 Saratoga Boulevard No, B-106 ❑ EstatefCrust City State ZIP code Federal EIN ❑ Single member LLC Saratoga Springs NY 12866 • Other Single member's name if grantee Is a single member LLC(see instructions) Single member EIN or SSN Location and description of property conveyed Tax map designation— 'SWIS code Street address City,town,or village County Section,block&lot (six digits) (include dots and dashes) r 104 Old Schuylerville Road Saratoga Springs Saratoga Type of property conveyed(check applicable box) 1 LI One-to three-family house 5 LI Commercialflndustrial Date of conveyance Percentage of real property 2 LI Residential cooperative 6 LI Apartment building conveyed which is residential 3 LI Residential condominium 7 ❑Office building ; 0 5 6 l 2-0 kcCI100 a month day ��� real property /c 4 LI Vacant land 8 El Other easement (see Instructions) Condition of conveyance(check all that apply) f.0 Conveyance which consists of a 1.0 Option assignment or surrender a. 0 Conveyance of fee interest mere change of identity or form of ownership or organization(attach m.0Leasehold Form TP-584.1,Scheduleassignment or surrender b. 0 Acquisition of a controlling interest(state percentage acquired %) g.0 Conveyance for which credit for tax n.0 Leasehold grant previously paid will be claimed(attach c. 0 Transfer of a controlling interest(state Form $'.1,Schedule O) o.El Convey'ance of an easement percentage transferred ,%) h.0 Conveyance of cooperative apartment(s) p.0 Conveyance for which exemption d. 0 Conveyance to cooperative housing I.0 Syndication from transfer tax claimed(complete corporation Schedule B, Part 11.1 j.0 Conveyance of air rights or q.0 Conveyance of property partly within e. 0 Conveyance pursuant to or in lieu of development rights - and partly outside the state foreclosure or enforcement of security k.0 Contract assignment r.0 Conveyance pursuant to divorce or separation interest(attach Fare TP-584.1,Schedule E) s.0 Other(describe) For recording officer's use Amount received Date received Transaction number Schedule B.,Part I $ Schedule B.,Part II $ Schedule B - Real estate transfer tax return (Tax Law,Article 31) Part 1 Computation of tax due Enter amount of consideration for the conveyance if you are claiming a total exemption from tax,check the exemption claimed box,enter consideration and proceed to Part 111) fl Exemption claimed II 0 2 Continuing lien deduction(see instructions if property is taken subject to mortgage or lien) 1E1 0 3 Taxable consideration(subtract line 2 from line 1) 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3 4. 0 5 Amount of credit claimed for tax previously paid(see instructions and attach Form TP-584.1,Schedule G) 1E1 0 6 Total tax duet(subtract line 5 from line 4) 0, 0 Part II--Computation of additional tax due on the conveyance of residential real property for$1 million or more I Enter amount of consideration for conveyance(from Part L terra 1) 2 Taxable consideration(multiply line I by the percentage of the premises which is residential real property,as shown in Schedule A) Eimmim 3 Total additional transfer tax due*(multiply line 2 by 1%(.01)) 1111111111111111111111 Part I-Explanation of exemption claimed on Part 1,line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason; a. Conveyance is to the United Nations,the United States of America,the state of New York,or any of their instrumentalities, agencies,or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or compact with another state or Canada) a I b. Conveyance is to secure a debt or other obligation b L c. Conveyance is without additional consideration to confirm,correct, modify,or supplement a prior conveyance c • d. Conveyance of real property is without consideration and not in connection with a sale, Including conveyances conveying realty as bona fide gifts d 11 e. Conveyance is given in connection with a tax sale. e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.)Attach Form TP-584.1,Schedule F .. f ❑ g. Conveyance consists of deed of partition...... g LI h. Conveyance is given pursuant to the federal Bankruptcy Act...., h ❑ I. Conveyance consists of the execution of a contract to sell real property,without the use or occupancy of such property,or the granting of an option to purchase real property,without the use or occupancy of such property l El j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a one-,two-,or three-family house,an individual residential condominium unit,or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment . .................... .. ..................... .. . ........... k. Conveyance is not a conveyance within the meaning of Tax Law,Article 31,section 1401(e)(attach documents supporting such claim) k *The total tax(from Part I,line 6 and Part 1I, line 3 above)is due within 15 days from the date conveyance. Please make check(s)payable to the county clerk where the recording is to take place. If the recording is to take place in the New York City boroughs of Manhattan, Bronx,Brooklyn,or Queens,make check(s)payable to the NYC Department of Finance.If a recording is not required,send this return and your check(s)made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department,IRETT Return Processing,Pc Box 5045,Albany NY 12205-0045. Schedule C — Credit Line Mortgage Certificate (Tax Law,Article 11) Complete the following only if the interest being transferred is a fee simple interest. l(we)certify that:(check the appropriate box) 1. E1 The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. I, The real property being sold or transferred is subject to an outstanding credit line mortgage.However,an exemption from the tax is claimed for the following reason: The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property(whether as a joint tenant,a tenant in common or otherwise)Immediately before the transfer. LII The transfer of real property is(A)to a person or persons related by blood,marriage or or or adoption to the original obligor p g g to one or more of the original obligors or(B)to a person or entity where 50%or more of the beneficial interest In such real property after the transfer is held by the transferor or such related person or persons(as In the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). LII The transfer of real property is a transfer to a trustee in bankruptcy, a receiver,assignee,or other officer of a court. fl The maximum principal amount secured by the credit line mortgage is$3,000,000 or more,and the realro err beingsold p p y or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. [II]Other(attach detailed explanation). 3. El The real property being transferred is presently subject to an outstanding credit line mortgage. However,no tax is due for the following reason: LII A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. Li A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is ,No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or,if the recording is to take place in New York City but not In Richmond County make check payable to the NYC Department of Finance.) Signature(both the grantor(s)and grantee(s)must sign) The undersigned certify that the above information contained in schedules A,B,and C,including any return,certification,schedule,or attachment,is to the best of s er knowledge,true and complete,and authorize the person(s)submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. Grantor i ature Titre Gi�nYe snre � Titre Grantor signature Title Grantee signature Title Reminder:Did you complete all of the required information in Schedules A,B,and C?Are you required to complete Schedule D?If you checked e,f,or cl in Schedule A,did you complete Form TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place or,if the recording is in the New York City boroughs of Manhattan, Bronx, Brooklyn,or Queens,to the NYC Department of Finance?If no recording is required,send your check(s),made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, REIT Return Processing, PO Box 5045,Albany NY 12205-0045. Schedule D-Certification of exemption from the payment of estimated personal income tax(Tax Law,Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. If the property is being conveyed by a referee pursuant to a foreclosure proceeding,proceed to Part 11,and check the second box under Exemptions for nonresident transferors)/seller(s)and sign at bottom. Part I M New York State residents If you are a New York State resident transferor(s)/seller(s)listed in Schedule A of Form TP-584(or an attachment to Form TP-584),you must sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this-Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferors)/sellers) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s)as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law,section 663(a)upon the sale or transfer of this real property or cooperative unit. Signature Print full name Date Katherine Macica Srgnat ua‘ Print full name Date Signature • Print full name Date Signature Print full name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law,section 685(c), but not as a condition of recording a deed. Part H-Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584) but are not required to pay estimated personal Income tax because one of the exemptions below applies under Tax Law,section 663(c), check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferar(s}lseller(s),that transferor(s)/seller{s}is not required to pay estimated personal income tax to New York State under Tax Law,section 663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign In the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT-2663,Nonresident Real Properly Estimated Income Tax Payment Form,or Form IT-2664,Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information,see Payment of estimated personal income tax, on page 1 of Form TP-584-I. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferors)/seller(s)(grantor)of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: El The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from to ....(see instructions). Date Date El The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. El The transferor or transferee is an agency or authorityof the United States of America,an agency or authorityof the state of g y New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association,or a private mortgage insurance company. Signature Print full name Date Signature Print full name Date Signature ' Print full name Date Signature Print full name Date Transmittal 2603 Gui[deriand Avenue Schenectady, NY 12306 T 518 393 7725 Date: May 6, 2019 F 518 393 2324 E info@ingailslip.com Project Number: 18-078 www.ingalisllp.com To: City of Saratoga.Springs Re: Planning&Economic Development Macica Conservation 474 Broadway Subdivision Saratoga Springs, NY 12866 Attn: Bradley Birge,Administrator of Planning&Economic Development The Following has been submitted: [�As requested El For your use El Review&comment Review&resubmit No. Description Date 2 104 Schuylerville Road Conservation Plans(Mylar) 04-18-19 5 104 Schuylerville Road Conservation Plans(Paper) 04-8-19 Mr. Birge, Enclosed is the Conservation Subdivision plans, for the Planning Board signatures. If you have any questions or require any additional information don't hesitate to contact me at 393-7725 ext. 110. Sincerely, cc: file Chad Pagan Project Engineer