120.2011 Main Street Change Orders 1 & 2
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury
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held on March 21, 2011 at the Queensbury Center, Town of
Queensbury, 742 Bay Road, Queensbury, New York, the following was
adopted and is subject to permissive referendum:
RESOLUTION REGARDING MAIN STREET UTILITIES RELOCATION
PROJECT - AUTHORIZING ACCEPTANCE OF RELOCATED PORTION
OF BIG BOOM ROAD FROM WARREN COUNTY; AUTHORIZING
GRANT OF EASEMENTS TO NATIONAL GRID; AND
AUTHORIZING CHANGE ORDERS 1 AND 2
RESOLUTION NO.: 120, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board (Town) is the duly elected governing body of the
Town of Queensbury, and
WHEREAS, Main Street is a narrow public highway in the Town, and
WHEREAS, Warren County (County) has undertaken a project to widen the bounds of Main
Street and improve the aesthetics and safety of this main corridor within the Town, and
WHEREAS, utilities were required to be relocated underground along Main Street in
conjunction with the Project, and
WHEREAS, Warren County obtained title to a parcel of land in the Town of Queensbury in
connection with the relocation of Big Boom Road as part of the Project, and
WHEREAS, Warren County is willing to convey to the Town of Queensbury, at no cost, a
portion of the parcel as described in the attached Schedules A and B (Property), such conveyance to be
for highway purposes since Big Boom Road is a Town of Queensbury Road, and
WHEREAS, the Town Highway Superintendent has approved such proposed conveyance, and
WHEREAS, the Town will pay expenses relating to the preparation of maps, surveys,
documents and procedural requirements, including recording fees, necessary for such conveyance, and
WHEREAS, Warren County, by their Resolution No.: 858 of 2010, authorized the transfer of
such Property to the Town, and
WHEREAS, the Town Board wishes to accept such portion of Big Boom Road for highway
purposes since Big Boom Road is a Town of Queensbury Road, and
WHEREAS, by Resolution No.: 67,2010, the Queensbury Town Board authorized non-
exclusive assignment and grant of easements, specifically authorizing the execution of the Assignment
of Easement Rights and Grant of Easement Rights in substantially the form approved by Town
Counsel in connection with the Main Street Utilities Relocation Project, to National Grid, Verizon
New York Inc., and Time Warner Cable so that such companies could place their respective
utility infrastructure underground within the easement area, and
WHEREAS, such Resolution did not include such grants over certain other Town highways,
including Media Drive and Ryan Avenue, and the Town Board wishes to make similar grants over such
Town highways, and
WHEREAS, the Town Board has the authority to assign and grant such easement in
accordance with New York State Town Law §64(2) and the Town Board wishes to assign and
grant an easement over a portion of such Property being transferred from Warren County, and
WHEREAS, the Town Board also wishes to authorize its transfer of ownership of
National Grid’s electrical lines and the conduit in which they are located placed on such Property,
and
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WHEREAS, the Town Supervisor has advised the Town Board that he has received
Change Order #1 and Change Order #2 dated March 21, 2011 for additional work and materials,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
acceptance of the conveyance of a portion of a parcel of Big Boom Road in the Town of Queensbury
from Warren County to the Town, as described in the attached Schedules A and B, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
arrange for payment of the preparation of maps, surveys, documents and procedural requirements,
including recording fees, necessary for such conveyance, to be paid for the appropriate account as will
be determined by the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, the Town Board hereby authorizes such non-exclusive assignment and grant of
easement, specifically authorizing the execution of the Grant of Easement Rights in substantially the
form approved by Town Counsel, to National Grid, Verizon New York Inc., and Time Warner
Cable so that such companies can permanently place their respective utility infrastructure
underground within the easement area, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the grant of a Bill of Sale in form
acceptable to the Town Supervisor and Town Counsel to National Grid of the National Grid
conduit and its contents installed as part of the Main Street Project, and
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BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any and all documents necessary to complete this transaction in form acceptable to Town
Counsel, including, without limitation, any needed real estate documents and Real Property Transfer
Reports and the Town Supervisor, Town Counsel and/or Town Budget Officer to take such other and
further action as may be necessary to effectuate the terms of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby authorizes the Town Supervisor
to approve and sign the Change Orders referred to in the preambles of this Resolution, and since
such work authorized by the Change Orders has been completed, the Town Board further
authorizes payment for these services, and
BE IT FURTHER
RESOLVED, that the portion of this Resolution granting easements is subject to a permissive
referendum in accordance with the provisions of Town Law Article 7 and the Town Board hereby
authorizes and directs the Town Clerk to publish and post such notices and take such other actions as
may be required by law.
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Duly adopted this 21 day of March, 2011, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT : Mr. Montesi
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