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364.2008 RESOLUTION ACCEPTING DEDICATION OF CROSS COURT AND RICHMOND HILL DRIVE IN BARRINGER HEIGHTS SUBDIVISION RESOLUTION NO. 364, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, Tra-Tom Development, Inc., has offered a deed to the Town of Queensbury to dedicate Cross Court and Richmond Hill Drive in the Barringer Heights Subdivision to the Town of Queensbury as more particularly described in a survey map prepared by VanDusen & Steves Land th , Surveyors, LLC dated November 14, 2007and WHEREAS, the Town Highway Superintendent has inspected the road and recommended its acceptance contingent upon the developer completing the top coat of the black-top within two years of th the date of acceptance or by July 28, 2010, and if applicable, all drainage easements being in place, and WHEREAS, Tra-Tom Development, Inc., has provided the Town with a $125,000 cash th escrow to ensure placement of the top coat on the roads by July 28, 2010 consistent with the Town Highway Superintendent’s requirements, along with an additional $25,000 cash escrow for the Town to hold for five (5) years so that the Town Highway Superintendent may use such funds toward drainage costs that may arise in the development, and WHEREAS, the Town Water Superintendent has confirmed that installation of water mains and appurtenances has been made in accordance with Town Water Department standards, and WHEREAS, the Town Zoning Administrator/Code Compliance Officer and Director of Building and Codes Enforcement have confirmed that they have inspected Richmond Hill Drive and it was found to be in compliance with the requirements of their offices except that the permanent survey monuments have not yet been installed, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication of Cross Court and Richmond Hill Drive in the Barringer Heights Subdivision,contingent upon: 1.The Town’s receipt of deeds, related forms and signed Escrow Agreement in form acceptable to Town Counsel; 2.The Developer providing title insurance insuring the Town satisfactory to Town Counsel, 3.Confirmation by the Town Wastewater Director that there are no sewer department requirements for this development; 4.The Town’s receipt of a subdivision map showing the roads and drainage easement (including metes and bounds); 5.Receipt by the Town Budget Officer of the required escrow amounts in the form of a bank check; 6.Installation of the permanent survey monuments; and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute, sign and affix the Town seal to any and all documents necessary to complete the transaction including an Escrow Agreement in form acceptable to Town Counsel and the Town Budget Officer, and BE IT FURTHER, ONLY AFTER WRITTEN CONFIRMATION BY TOWN RESOLVED, that, COUNSEL THAT THE FIRST FIVE (5) CONTINGENCIES SET FORTH ABOVE HAVE BEEN SATISFACTORILY MET, the Town Board further authorizes and directs Tra-Tom Development, Inc., to record the deed in the Warren County Clerk's Office, after which time the deed 2 shall be properly filed and maintained in the Queensbury Town Clerk’s Office and only then shall building permits be issued, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to add the roads to the official inventory of Town Highways as follows: Name: Cross Court Road Number: 803 Description: Beginning at West Berry Way and continuing in a westerly direction a distance of 511’ and .10± hundredths of a mile and ending at Richmond Hill Drive. Feet: 511’ and .10± of a mile . Name: Richmond Hill Drive Road Number: 804 Description: Beginning at Sherman Avenue and continuing in a southerly direction a distance of 3358’ and .64± hundredths of a mile and ending at a cul-de-sac. Feet: 3358’ and .64± of a mile . th Duly adopted this 28 day of July, 2008, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES: None ABSENT: None 3