205.96
RESOLUTION CONSENTING TO DISCONTINUANCE
OF A PORTION OF SHERMAN ISLAND ROAD
RESOLUTION NO. 205, 96
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, on or about the 7th day of March, 1994, the Town
Board of the Town of Queensbury approved and authorized the Hudson
Pointe Planned Unit Development, and
WHEREAS, one of the conditions of the proposed development was
that the southern portion of Sherman Island Road (approximately
1,800') would be abandoned and that Sherman Island Road would
become a dead-end with a paved turnaround to be constructed by the
developer at the end point of the road, with that portion of
Sherman Island Road becoming effectively blocked by berming,
planting and similar measures, and
WHEREAS, a portion of the southern portion of Sherman Island
Road has previously been duly abandoned, and
WHEREAS, the developer has proposed to abandon the remaining
portion of Sherman Island Road as part of the Hudson Pointe Planned
Unit Development because the roads servicing the Hudson Pointe
Planned Unit Development have been constructed, and
WHEREAS, the Town Board of the Town of Queensbury has examined
the circumstances and conditions of said remaining portion of road
to be abandoned, as well as the roads that generally service that
area of the Town of Queensbury, and
WHEREAS, Hudson Pointe, Inc. and Niagara Mohawk Power
Corporation have each executed a consent that the portion of
highway described herein be discontinued and therein also release
the Town of Queensbury from any claims to damages by reason of the
discontinuance of said portion of highway, and
WHEREAS, it appearing that no other persons or corporation
other than Hudson Pointe, Inc., and Niagara Mohawk Power
Corporation own any premises through which said portion of highway
sought to be discontinued passes or to which it is adjacent, and it
further appearing that no significant purpose would be achieved in
keeping that section of Sherman Island Road open and the Town
Highway Superintendent having recommended that this portion of road
be closed and it further appearing that the portion of highway
sought to be discontinued has become unnecessary and useless in
view of the roads available as part of the Hudson Pointe Planned
Unit Development and previously accepted by the Town Board on
behalf of the Town,
NOW, THEREFORE, BE IT
RESOLVED, that, upon due deliberation, the undersigned members
of the Town Board of the Town of Queensbury do, pursuant to §171 of
the Highway Law of the State of New York, consent in writing that
the said portion of highway sought to be discontinued and described
in the application and the preambles of this Resolution be
discontinued, and
BE IT FURTHER,
RESOLVED, that it is the intent of this Resolution to consent
to the abandonment of only those easement rights or rights of the
public historically in that portion of Sherman Island Road
described in the three descriptions annexed to the Release executed
by Hudson Pointe, Inc., and nothing contained herein shall be
deemed to constitute agreement to the abandonment of any portion of
roads previously dedicated by Hudson Pointe, Inc., which may
overlap a portion of the road abandoned hereby, and
BE IT FURTHER,
RESOLVED, that the members of the Town Board shall, in
witness, hereunto set their hands in the Town Hall in said Town on
the 6th day of May, 1996.
Duly adopted this 6th day of May, 1996, by the following vote:
AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert,
Mr. Champagne
NOES: None
ABSENT: None