HomeMy WebLinkAbout20230929 53 Putnam Mixed Use SPR Historic Right of Way & Easement info9
t
S
_s
TOGMTHM with the appurtenances and all the estate and rights of the party of the first" -
part in and to said premises. To have and to hold the premises herein granted unto the
parties of the second part, their heirs and aasigns forever.
IN WITNESS WFMOF, the said Town of Stillwater has caused its seal to be hereunto
affixed and these presents to be signed by its duly authorized officer, the day and year
r
first above written.
L. S. THE TOWN OFSULLWATER
Attest: Owen J. Campbell, By Walter Quackenhush, Supervisor.
Town Clerk. -
STATE OF NEVI YDHK
SS.
COUTFTY OF SARATOGA
on this Sth day of March Nineteen Hundred and forty-six, before me personally cane f•
WALTER gIIACKENBUSA to me personally known, who, being by me duly sworn, did depose and say
that he resides in the town of Stillwater, Saratoga County, X. Y., that he is Supervisor of
the town of Stillwater, the municipal corporation described in and which executed the with-
in Instrument; that he knows the seal of said corporation; that the seal affixed to said
I
Instrument is such corporate seal; that it was so affixed by order of the Town Board of
said Town of Stillwater, and that he signed his name thereto by like order.
Sidney Y1. Hewitt, Notary Public.
„fReeorded March 7, 1946, 1:03 P. ffi.
�k.d33
�✓ RIGHT OP WAY AGPE E4IT. EI- )[OUPSOV
AGREE7�RT made this 31st day of December, 1945, by dbetween HARRIETEof
Saratoga Springs, New York, haroinaftor referred to as the "First Party", J. J. NMERRY CO.
a Delaware corporation having executive offices at #245 Fifth Avenue, New York City, New
York, hereinafter referred to as the "Second Party", JOHN A. SLADE, DENIS J. HARRINGTON and
IRYITIG I. COLDSHITH, hereinafter referred to as the "Third Parties", MARGAHET E. FARM,
'3 hereinafter referred to as the "Fourth Party" (all of said aforesaid parties being herein- i
� s
after collectively referred to as the "(wners"), and SARATOGA'NATIONAL BANK, hereinafter
a
a
referred to as the "Fifth Party", YiITNESSETH: 4
MSMEAS, the first party and fourth party are owners'.of adjoining premises treating ',-
�5
on Putnam Street in the City of Saratoga Springs, County of Saratoga, State-4f New York, .;
designated respectively as a portiots of Lot 136 and as Lot 137, and e
SAS, the Second Party and Third Parries are the owners of parcels at property front-
ing on Broadway in said City of Saratoga Springs and extending eastward in depth to the
westerly lines o," said premises of the first party, and
y WHEREAS, the Fifth Party is the owner of a certain mortgage now�a lieu upon premises
of the first party, and, rIME EAS, the said premised of the First party are.. now subject to
certain easements of way heretofore created over and across the ssmo,for the use and benefit 9
of the Second Party and Third Parties hereto, the extent and exact .nature and location
whereof Is now under dispute, and
i
„aREA$, it is the desire of tho parties hereto: (a) to vacate;`ceacel and terminate
each and every easement of way now had or enjoyed by each andany'.of the parties hereto
i
over and across the premises of any of the others of the -parties hereto; and (b) to create
a single right of way for the equal enjoyment and use of and�by each of .the parties hereto,
said right of way to be ton (10)_ feet in Width at Putnam Street.-and:running'.thence, with
a
1
a. width of at least ten (10) feet to a turning area in the center of the block
lying upon premises of the First party, Second Party and Third Parties, for the
purpose of ingress and egress to and from the rear of the buildings upon the said
I premises of the parties hereto.
NOW TrHEREFiORS, in consideration of the premises and of the sum of Oho !DOLLAR,
good and lawful money of the United States, each to the other paid, the receipt where-
of is hereby acknonladgod:
E
1. ^_na parties hereto do hereby dedicate far use as a right or way in porpetuity,
I to be used in common and severally :y the Owners herein named, their heirs, represen-
tatives, successors and assigns, with rig^_t to pass and repass at e11 times on foot,
i
by vehicle, or otherwise, over and across the same, that portion of the several lands
of the Owners located in the City of Saratoga Springs, County of Saratoga, State of
Now ;ark, embraced within the area bounded and described as follows: Beginning at
a point in the westerly line of Putnam Street distant two feet, more or less, northerly
from the southeast corner- of Lot 137, said place of beginning being a full ten (10)
jfoot northerly from the point where the line formed by the outer points of the buttresses
I along the northerly aide of the Thompson Laundry Building as now constituted on Lot
i 136 would, if projected eastward, intersect the westerly line of Putnam Street; running
thence westerly on a line parallel with the line of the outer points of said buttresses
to a point where such line intersects the northerly line of Lot 136; running thence
westerly along the northerly line of Lot 136 to the westerly wall of the building
known as the Palace Theatre; running thence southerly to the northeast corner of lands
1 of the Second Party; running thence easterly 24.70 feet, more or less, along lands of
the Second Party to a corner; running thence southerly by the lands of the Second party
18.50 feet to a corner; running thence easterly 1.5 feet to the northeast corner of
Lot 11; running thence southerly along the westerly line of Lot 11 to a point 21.50
i
t feet northerly from the southeast career of said Lot Ik; running thence westerly by
lands of the First Party and Second Party to the southwesterly corner of the Thompson
Laundry Building upon Lot 136; thence northerly along the outer face of the westerly
wall of the said Thompson Laundry Building to the northeasterly corner thereof; thence
northerly at right angles to the northerly line of Lot 136 to a point 16 feet at
right angles southerly therefrom; thence northeasterly 8.5 feat to a point io feet
southerly measured at right angles from the said northerly line of Lot 136; thence
easterly parallel with and 10 feet southerly from the northerly )tine of the said Lot
136 to a -point where said line intersocts the line formed by the buttresses along
the northerly wall of the Thompson Laundry Building; thence easterly along the line
formed by said buttresses to the westerly line of Putnam Street; thence northerly
`- alone the westerly line of Putnam Street 10 feet to the point or place of beginning.
O Lam* 2. Annexed hereto for a reference is a diagram indicating the extent and location
i�
AA��ff of such right of way. It is the intention of the parties hereto that each owner
�1�4 dedicates to such use that .portion of its, his or their land lying with the bounds
♦U� VVV �of said right of w y gh ay as hereinabove described.
3. Nothing herein contained shall be deemed a grant or transfer of the fee of
any land lying within the limits of said right of way, the fee to all such land being
expressly reserved by the respective Owners tbereaf.
_ 4. rach of the parties hereto, for itself, herself or themselves, and for his,
- theirorits exeautors, administrators, successors and assigns, does hereby relinquish
'? and release any and all easements of way at any time heretofore granted or reserved
by deed, prescription or otherwise, over, across or upon the lands of each and any of
I
®�!
S
M AE
L,
F
371
the other party to this agreement.
5. Nothing herein contained shall be oonstrued to prevent the continued maintenance
of any structures or portions thereof, which are now located within or above the right of
way hereby created, nor to require removal thereof, nor to prevent the restoratibn or
replacement of such structure with -a similar structure in the event of its destruction,
damage or demolition.
S. 'Nothing herein contained oball be construed to prevent the erection Of any build-
ing or structure over or above said right of way which does not interfere with the full
use and enjoyment of such way and. hich allows adequate alternate, both in width end height
for the passage of vehicle..
T. The Fifth Party, as mortgagee of the promises of the First Party, does hereby
subordinate the lien of its mortgage to the right of way hereby created, and in further
consideration of such subordination it is agreed that the mortgage so held by It shall be
extended so as to embrace the rights of the First Party In and to the right of way hereby
created.
S. The rights and obligations of the several Owners with respect to said right of
way shall be several and not joint. -'
9. Each of the Owners shall, at own coat and expense, maintain in good condition that
portion of the right of way located upon the premises of such owner, except that so long
as no portibn of the right of way is used by the Fourth Party the First Party shall eain-
tain the portion of the right of way located on land of said Fourth Party.
10. No vehicle shall be so parked in said right of way as to unreasonably Interfere
with the use and enjoyment thereof. }
11. This instrument shall be without any force or effect what
aoever umleaa and until
the same shall have been duly executed and acknowledged by all the parties hereto end the
original hereof recorded in the Office of the Clank of Saratoga County.
IN WITNESS WIUMOF the Second party and the Fifth Party have caused their respective
corporate seals to be hereunto affixed and these preaente to be executed by their respective
proper officer, thereunto duly authorized and the First Party, Third Partle.a and Fourth
Party have signed their names and affixed their scale the day and year first above written.
In the presence of HARRIET E. THOMPSON L. S. IRVING 1. GOLDSMITH L. S
Attest: L. S. J. J. NEWBERRY 00. MARGARET E. FARONE L. S1.
B. N. willgohr By E. A. Newberry, President L.S. SARATOGANATIONAL BANK
Searatary -
JOHN A. SLADE L. S. By D. H. R11118ma.
Asst. Cashier.
DENIS J. HARRINGTON L. S.
STATE. OF HER YORN '
: SS.
COUNTY OF SARATOGA .
On this loth day of January, 1946 before me came and appeared HARRIET E. THOMPSON, to
me known and (mown to me to be the individual described in and who executed the foregoing
lastruamat, and she duly acknowledged to me that sheexecuted:the same.
L. S. Francis E. Dorsey, Notary Public.
STATE OF NEW YORK
: SS.
COUNTY or HER YORE
On Male Slot day of December, 1945. before me came and appeared E. A. NEWBERRY, to me
known, who being by . duly sworn did depose and say: that he rmidcn at #510 Perk Ave.,
New York City; that he Is President of the J. J. NERBiME CO., the corporation described in
endihich executed the foregoing instrument, that he knows the corporate seal of said cor-
poration: that the seal Mixed to said instrument Is sneh corporate seal; that It "a so
V-o �
afied by'ordcr'of' the Board of Directors of said corporation, and that he signed
hie"name'.tharoto'by like order.'
ft. J. Doyle, Notary Public, Nassau
ti
County No. 2127. N. Y._County Clerk's
Vo. 687. • 'Reg. No. 31-07. Commission
expires March 30, 1947.
STATE OF NEW YORK
SS.
COUNTY OF ' 31sY1 YOMC
I� Archibald R. Clatson, County Clerk and Clerk of the Supreme Court, New York
3
County, the same being a Court of Record having by law a seal, do hereby certify, that
WZ. Z.•Doyle chose name is subscribed to the annexed deposition, certificate of acknow-
ledgment or proof, was at the time of taking the ss= a Notary Public acting in and for
said County, duly commissioned and sworn, and qualified to sot as such; that he has filed
. a
In the Clerk's office of the County 6f Now York a certificate of his appointment and
qualification as a Notary Public for the County of Nassau, with his autograph signature;
t
that as such Notary Public he was duly authorised by the laws or the State of New York
to protest notes, to take and certify depositions, to administer oaths and affirmations,
to take affidavits and certify the acknowledgment or proof of deeds and other written
instruments for lands, tenements and hereditaments, to be read in evidence or recorded
in this State. And further, that I am well acquainted with the handwriting of such
Notary Public, or have compared the signature of sich officer with his autograph -sig-
nature filed in my office, and believe that the signature to the said annexed instru-
mont is genuine.
IN VITNESS WEMREOF, I have hereunto set my hand and affixed my
L. S. official seal this 4 day of Jan. 1946.
Archibald R. Watson, County Clerk and
Clerk of the Supreme Court, New York
County.
STATE OF MW YORK
: SS.
COMM OF SARATOGA
On thic 19th day of January, 1946, before me came and appeared TORN A. SUEDE,
OHMS J. R&MM;GTON and IRVING I - GOLDSMITH, to me known and known to me to be the
individuals described in and who.executed the foregoing instrument, and they severally
duly acknowledged to me that they executed the same.
L. S. Bolan J. Stiles, Notary Public.
STATE OF NEW TOW
SS.
COUNTY OF SARATOGA
On this 6th day of March, 1946, before me came and appeared MARGARET E. FARONE,
to me known and known to me to be the individual described -in and who executed the
foregoing instrument, and she duly acknowledged to me that she executed the same.
L. S. Francis E. Dorsey, Notary Public.
STATE OF NEW YORE
SS.
COUNTY OF SARATOGA
I
'.
On this 19th day of January, 1946, before me came and appeared DOUGLAS B. VaILLIAItS
to me known, oho being by me duly sworn did depose and say; that he resides at 139
Caroline St., Saratoga Springs, N. Y., that he is Assistant Cashier of SARATOGA NATIOXAL
BANG, the corporation described in and which executed the foregoing instrument; that
he knows the corporate seal of said corporation; that tha seal affixed to said.instru-
meat is such corporate seal; that it was so affixed by order of the Board or Directors
of said corporation, and that he signed his name thereto by like order.
L. S. Bolen T. Stiles, notary Public.
gRsicord6d.Karch 7, 1946, 2:04 P. H. ��C ���.•��