307.2008
RESOLUTION ADOPTING DETERMINATION AND FINDINGS
REGARDING ACQUISITION OF EASEMENTS BY EMINENT DOMAIN
ALONG MAIN STREET/CORINTH ROAD
RESOLUTION NO.: 307,2008
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town of Queensbury is undertaking the Plan for Main Street and Corinth
Road which involves the undergrounding of utilities, including the installation of new sewer
facilities and replacement of existing water supply transmission facilities (the "Project"),
contemporaneously with the widening and reconfiguration/relocation of a portion of County
Route 28 (Main Street/Corinth Road) by Warren County, and
WHEREAS, by prior Resolution No.: 162, 2008, adopted February 25, 2008, the Town
Board initiated condemnation proceedings pursuant to the New York State Eminent Domain
Procedure Law (EDPL) with respect to acquisition of utility easements across properties located
adjacent to this portion of County Route 28 for use in connection with the Project, and
,
WHEREAS the authorized proceedings have been initiated and a properly noticed public
hearing was held in conformity with Section 201 of the EDPL on March 19, 2008 in order to
inform the public about the Project, review the public use to be served by the Project and the
potential impacts on the environment and the residents of the locality where the Project is to be
located, and to hear all people interested in the proposed Project, and
,
WHEREAS Section 204 of the EDPL requires that the Board make its determination and
findings concerning the proposed Project within 90 days after the conclusion of the public
hearing,
NOW, THEREFORE, BE IT
RESOLVED:
Section 1: Findings
- As and for its determinations and findings in this matter as required
by Section 204 of the EDPL, the Board hereby adopts the document entitled “Determination and
Findings, Acquisition by Eminent Domain of Easements over properties adjacent to Main Street
and Corinth Road in the Town of Queensbury” which is attached hereto.
Section 2: Further Proceedings
- The Board hereby authorizes such further proceedings
under the EDPL as may be necessary to effectuate acquisition by condemnation of the subject
easements.
Section 3: Publication of Synopsis
- The Town Clerk is hereby authorized and directed
to publish a brief synopsis of these Findings and Determination in at least two (2) successive
issues of the Glens Falls Post Star as required by Section 204(A) of the EDPL. Such synopsis
shall include the factors set forth in Sections 204(B) of the EDPL and shall also state that copies
of the Determination and Findings will be forwarded upon written request without cost.
Section 4: Service of Notice
- The Town Clerk is hereby authorized and directed to serve
notice as required by Section 204(C) of the EDPL upon each assessment record billing owner or
his or her attorney of record across whose property an easement may be acquired.
Section 5: Effective Date
- This Resolution shall take effect immediately.
nd
Duly adopted this 2 day of June, 2008, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
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