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460.2008 RESOLUTION AUTHORIZING DRAINAGE EASEMENT FROM MATTHEW BALL ALONG MICHAELS DRIVE IN EXCHANGE FOR RIGHT-OF-WAY AND EASEMENT RESOLUTION NO.: 460, 2008 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Town of Queensbury’s Town Engineer and Town Highway Superintendent have determined that the Town of Queensbury needs an easement from property owner Matthew Ball in the vicinity of Michael’s Drive for drainage purposes relating to such Town highway, and WHEREAS, the lands of Matthew Ball are needed to construct such drainage easement, and WHEREAS, Town of Queensbury owns a 275’ x 50’ vacant strip of land, consisting of .20 acres on Michaels Drive between lots with Tax Map No.’s: 301.18-1-5 and 308.6-1-17 which Mr. Ball desires as a right of way for ingress and egress to other lands he owns bearing Tax Map No.’s: 308.6-1-15 and 308.6-1-16, and WHEREAS, Mr. Ball wishes to access these other lands through property owned by the Town of Queensbury, which land is not currently a Town highway, and WHEREAS, the Town Assessor has estimated that the value of the easement being granted is substantially equal to the value of the drainage easement the Town is receiving, and WHEREAS, the Town and Mr. Ball intend to swap the drainage easement for the benefit of both parties for access to other lands of Mr. Ball for the benefit of Mr. Ball without any cost to the Town, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts a drainage easement from Matthew Ball of 5 Algonquin Drive over property bearing Tax Map No.: 308.6-1-28 for the purposes of addressing drainage problems affecting a Town Highway, Michaels Drive, as set forth in the preambles of this Resolution and in form acceptable to Town Counsel and the Town Highway Superintendent, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the granting in exchange of a right-of-way easement through the lands of the Town of Queensbury located between lots bearing Tax Map No.’s: 301.18-1-5 and 308.6-1-17 where the Town will provide such right-of-way easement in form acceptable to Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Highway Superintendent, Town Engineer and/or Town Counsel to take such other and further action as may be necessary to effectuate the terms of this Resolution. nd Duly adopted this 22 day of September, 2008 by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT:None