HomeMy WebLinkAbout20260091 Lexington Rd & Bemis Heights Rd Subdivision Modification 9049 AAADMC LLC to HOA Easement Agreement Sch B Declaration CLEAN 6.4.261
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this _____ day of ________, 2026, by and
between AAADMC VENTURES LLC, a New York limited liability company having an office at
1 Nadeau Road, Halfmoon, New York 12065 (“Grantor”), and BEMIS POINT HOMEOWNERS’
ASSOCIATION, INC., a New York Not-for-Profit corporation having an office at _________,
_________, New York 12866 (“Grantee”).
WHEREAS, Grantor owns parcels of land consisting of 21.78+/- acres in the City of Saratoga
Springs, Saratoga County, New York by virtue of the following deeds recorded in the Saratoga
County Clerk's Office: [list Deeds] and has created the BEMIS POINT HOMEOWNERS’
ASSOCIATION, INC. to administer and enforce the terms, conditions and restrictions
governing the ownership of the thirteen lots (the “Lots”) within the said BEMIS POINT
HOMEOWNERS’ ASSOCIATION, INC. subdivision, as are contained in that certain
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS
EASEMENTS, CHARGES AND LIENS OF BEMIS POINT HOMEOWNERS’
ASSOCIATION, INC. (the “Declaration”) recorded against the 21.78+/- acres owned by the
Grantor immediately prior to the recording of this Easement Agreement; and
WHEREAS, pursuant to said Declaration, the Grantor is hereby conveying those certain
easement rights in and over the thirteen Lots as are necessary for the Grantee to perform the
required maintenance set forth in Section 4.05 of the Declaration entitled “Affirmative
Obligations” specifically relating to the maintenance of the Restricted Property (as defined by the
Declaration and consisting of approximately 17.18 acres of land), the maintenance, repair and
replacement, as needed, of the original required split rail fencing and signage delineating the
‘Restricted Property” to be installed by the Grantor, and the maintenance, cleaning, repair and
replacement of three (3) stormwater quality basins, and also to allow the Grantee to enforce all
restrictions set forth in Section 4.05 of the Declaration, all of which is also imposed under the
subdivision approvals granted by the City of Saratoga Springs and in accordance with the DA
Permit (as defined by the Declaration) issued by the Army Corps of Engineers and as shown on
the Approved Subdivision Map (as defined by the Declaration), and to ensure that the Lot Owners
(as defined by the Declaration) comply with all of said restrictions and obligations.
NOW THEREFORE, in consideration of the covenants hereinafter set forth, and for the
sum of one dollar paid by the Grantee to the Grantor, the Grantor hereby grants to the Grantee the
following easements:
1. An easement for pedestrian, vehicular and equipment ingress and egress access in, on
and over the 13 Lots delineated on the Approved Subdivision Map, for any and all
purposes relating to inspecting, monitoring, testing, and maintaining the Restricted
Property, all as further and more particularly set forth in the Declaration, and for all other
purposes required in connection with the prohibitions and obligations imposed by the
City of Saratoga Springs subdivision approval (as set forth on the Approved Subdivision
Map) and/or the Army Corps of Engineers’ DA Permit.
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2. An easement over the 13 Lots shown on the Approved Subdivision Map for the purpose
of accessing the Association Property, which consists of split rail fencing and signage
required by the City of Saratoga Springs to delineate the Restricted Property, for
purposes of inspecting, maintaining, repairing, and replacing said split rail fencing and
signage.
3. An easement for pedestrian, vehicular and equipment ingress and egress access in, on
and over Lot Nos. 2 and 13 as designated on the Approved Subdivision Map, for any and
all purposes relating to inspecting, monitoring, testing, maintaining, repairing or
replacement of the three stormwater quality basins shown on the Approved Subdivision
Map, and for all other purposes required in connection with the prohibitions and
obligations imposed by the City of Saratoga Springs approvals for said subdivision.
4. Grantee shall, in the exercise of such easement rights, minimize any disturbance to the
existing landscaping of the Lots and shall exercise the access rights herein granted so as
to maintain the greatest practical distance from the Homes (as defined by the
Declaration) and any other buildings or structures on said Lots.
5. Grantee shall attempt to give Lot Owners reasonable notice prior to the exercise of the
easement rights herein granted, and will perform any work
in the easement area in such manner as to minimize disturbance to the Lot Owners.
6. Grantee shall bear ail costs and expenses in connection with its exercise of any of the
easement rights herein granted and shall repair and replace any damage caused to the
Lots to the extent reasonably practical unless the Owner of a Lot is responsible for any
required rehabilitation or mitigation work, and in such case the costs of such work on
such Owner’s Lot shall be assessed to such Owner.
7. The easements granted to the Association herein shall allow for access by the
Association’s contractors and agents for the purposes set forth herein.
8. This Agreement is intended to run with the land and be binding upon and inure to
the benefit of the parties hereto, their heirs, successors and assigns.
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WHEREAS, the parties have hereunto set their hands and seals the day first
above written.
AAADMC VENTURES LLC
By: _____________________
BEMIS POINT HOMEOWNERS’ ASSOCIATION, INC.
By: _____________________
State of New York }
} ss.:
County of _________}
On the _________ day of __________ in the year 2026 before me, the undersigned,
personally appeared __________personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual or the person upon behalf of which the individual acted, executed the
instrument.
Notary Public
State of New York }
} ss.:
County of _________}
On the _________ day of __________ in the year 2026 before me, the undersigned,
personally appeared ________personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his capacity, and that by his signature on the instrument, the
individual or the person upon behalf of which the individual acted, executed the instrument.
Notary Public