HomeMy WebLinkAbout20220235 131 Excelsior North Spring Run Special Use Permit DOT Easement Analysis Memo JONES
STEVESMEMORANDUM
.__ I.1.P
ATTORNEYs AT LAw
To: City of Saratoga Springs Planning Board/Conifer Realty LLC
From: Jones Steves LLP, Attorneys at Law
Re: Easement Analysis of 131 Excelsior Avenue, Saratoga Springs— Tax Map No 166.3-1-3
Date: October 6, 2022
Site:
Address 131 Excelsior Avenue, Saratoga Springs, New York 12866
Tax Map No. 166.3-1-3
Acreage ±4.195 acres
Zoning District T-5 (Transect 5)—Neighborhood Center
y` � NAY SHEET i SHtr:i
iNuieYOB.e Lam'' H
rev Y:.'uaR4nr Nn'
a V
_ n
` j
SYCF AA iSPq � --
tF
cP I�.Ctirc
f SARATDgA DAIRY INC.
�Re_-y,�;ed QWvier�
I
68 West Ave,P.O.Box 4400,Saratoga Springs,New York 12866
(518) 587-0080
Fax: (518) 580-0857
City of Saratoga Springs Planning Board/Conifer Realty LLC
Page 2 of 3
October 6, 2022
Easement Scope:
This appurtenant easement, recorded in December of 1967 and attached hereto (the
"Easement"), grants the Department of Transportation ("DOT"), as the dominant estate holder,
the authority to construct and maintain a drainage pipeline, berms and stream channel as
described in the Easement. Such Easement expressly states that the owner of the property, as
servient estate holder, still reserves "the right of use of the said property, providing the exercise
of that right by such owner, his successors or assigns, does not interfere with our prevent the user
and exercise of the Easement rights". A legal description of the approximately 1.517 acres is
provided which creates the bounds in which DOT could construct the improvements described.
Analysis of Proposed Site Plan Impact:
The purpose of this Memorandum is to determine the current status of the Easement and
any impact of the proposed Site Plan dated March 21, 2022 and revised August 31, 2022 as
prepared by The LA Group (the "Site Plan"). In connection therewith, we have (i) analyzed
available property records and site data, (ii)reviewed the Site Plan Application dated March 21,
2022, as revised, and (iii) evaluated the 1967 Easement to the New York State DOT in question.
Utilizing the information gathered, we provide the following analysis as guidance in moving
forward with the application.
Our review of the Easement comparative to the proposed Site Plan suggests that only a
paved parking area would encroach on the Easement area. The remainder of the Easement area
appears to be utilized for the owner's greenspace/water retention and would remain consistent
with the purposes and rights established in the Easement. So long as the servient holder does not
eliminate the benefit derived from the berms and stream channel, to the extent that still exists,
and recognizes that any underground pipelines may need future maintenance, it is our opinion
that the proposed project does not extinguish or obstruct the rights provided in the Easement.
We also note that it appears on the plans that a storm/drainage pipe has been identified and is
being protected during construction, further preserving the elements in the Easement. Finally,
we note the Easement language expressly supports the servient owner's use and enjoyment of the
property.
The property owner has a passive duty to refrain from interfering with the rights of the
dominant estate holder, DOT. Any alleged infringement on the Easement rights enjoyed by
DOT would be asserted and must be demonstrated in Supreme Court. As described above, we
believe there would be no merit to such action. In addition, we note that the Department of
Transportation will be an involved agency in the SEQRA review of the project and will
ultimately have to provide a highway permit. The DOT should therefore be well aware of any
impacts to their easement which can be raised at any point in the approval process.
C:\Users\dheller\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZI54STQ2\MEMO re Easement Analysis 10.6.22.docx
City of Saratoga Springs Planning Board/Conifer Realty LLC
Page 3 of 3
October 6, 2022
We would be pleased to further discuss our findings. Kindly contact our office if you
wish for greater detail on this matter. Thank you for the opportunity to prepare this
memorandum.
C:\Users\dheller\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZI54STQ2\MEMO re Easement Analysis 10.6.22.docx