HomeMy WebLinkAbout20260082 165 Elm St Area Variance Easement and Right of Way 07.13.2026EASEMENT AND RIGHT OF WAY
This Easement and Right of Way is made this 13th day of July, 2026, between Andrew Lindner
and Bethany Van Velsor, residing at 167 Elm Street, Saratoga Springs, New York 12866
(hereinafter referred to as "Grantors") and Sean O'Keeffe, residing at 165 Elm Street, Saratoga
Springs, New York 12866 (hereinafter referred to as "Grantee"),
WITNESSETH:
That the Grantors, being the owners of or having an interest in real property located at
167 Elie Street, Saratoga Springs, New York, for and in consideration of One Dollar ($1.00) to
them in hand paid by the Grantee and other good and valuable consideration, the receipt whereof
is hereby acknowledged, does hereby grant unto the Grantee, and his heirs, successors, and
assigns, a permanent easement and right of way over certain lands of the Grantors for the
purpose of allowing Grantee to situate and maintain an air conditioner condenser unit on said
property, together with the right, privilege and authority to cross over by foot said area, as
Grantee or his heirs, successors or assigns, may now require and from time to time in the future,
and for the purposes set forth herein, subject to the conditions set forth herein.
The easement shall be approximately 5 feet wide and 25 feet long, situated at 167 Elm
Street, Saratoga Springs, New York 12866, and running along the boundary line between the
properties located at 165 Elm Street, Saratoga Springs, New York 12866 and 167 Elm Street,
Saratoga Springs, New York 12866.
The above -mentioned easement and right of way are subject to the following rights and
conditions:
1. For the purpose of ingress and egress by pedestrian traffic to be used solely for
the purposes set forth herein.
2. For the purpose of installing, accessing, maintaining and repairing the air
conditioner condenser unit servicing 165 Elm Street, Saratoga Springs, New York 12866, at
Grantee's sole expense, with the rights, privileges and authority to repair, operate, inspect and
maintain said air conditioner condenser unit, which the Grantee or his heirs, successors, or
Assigns shall require now and from time to time in the future may require, together with free
ingress and egress over the easement and right of way, for all of the above purposes.
3. The Grantee shall perfonn all construction, alteration, improvements and repairs
in a manner which will permit open access to the remaining lands of the Grantors and with the
least amount of disturbance and sufficient to enable Grantors and their successors reasonably to
utilize the property. The easement and right of way shall not be fenced without the consent of
Grantors. Grantors' rights reasonably to cross and utilize the right of way shall not be
unreasonably impaired.
4. Grantee shall indemnify Grantors from any and all loss or damage arising out of
the use, occupation, construction design or maintenance of such easement area by the Grantee or
his agents or invitees. This shall not apply to the negligent acts of the Grantors or their agents or
invitees.
5. This easement shall run with the land. The Grantors, and Grantors' heirs,
successors and assigns, shall retain all rights and interests in the property, subject to the easement
herein granted and conveyed.
IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their respective
hand and seals.
IGA
drew Lindner
antor
Bethany an Velsor
Grantor
Sean O'Keeffe
Grantee
Jamie L. Chabot
Notary Public, State of New York
Reg, No, 01 CH0025387
Qualified in Saratoga County
Commission Expires 5/30/20 ?i