234.2022 Authorize Quit Claim Deeds - Acceptance of Easements - Brian Hogan Re Holly Lane RESOLUTION AUTHORIZING QUIT CLAIM DEEDS TO
AND ACCEPTANCE OF EASEMENTS FROM BRIAN HOGAN
RELATING TO HOLLY LANE
RESOLUTION NO.: 234,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Holly Lane is a Town Road by Use located in the Town of Queensbury
extending north from Brayton Lane, and
WHEREAS, despite the lack of any known deed conveying Holly Lane to the Town, the
Warren County Real Property Office has ascribed to the Town ownership over lands appearing on
the tax map as Holly Lane, which lands exceed the area of pavement identified as Holly Lane on the
Town's inventory of highways, and
WHEREAS, a landowner adjacent to Holly Lane, Brian Hogan, approached the Town in an
effort to clarify the records of the Warren County Real Property Office, and
WHEREAS, Mr. Hogan has requested that the Town convey certain lands under and around
Holly Lane to him by Quit Claim Deed, and
WHEREAS, during discussions with Mr. Hogan, it was identified that the Town Highway
Department has experienced less than ideal conditions when plowing Holly Lane due in part to how
narrow the roadway is and the inability to easily turn a Town plow truck around, and
WHEREAS, the lack of any clear snow storage area was also identified as a condition which
is less than ideal, and
WHEREAS, in return for quitclaiming such lands to Mr. Hogan, Mr. Hogan has agreed to
Quitclaim Easements to the Town over his Holly Lane property for snow storage and for use of a
turn-around area, and
WHEREAS, such Easements are to the Town's benefit and will assist in ongoing efforts to
maintain Holly Lane,
NOW, THEREFORE, BE IT
RESOLVED, that the conveyance of the proposed Deeds from the Town of Queensbury to
Brian Hogan referred to in the preambles of this Resolution does not constitute a SEQRA Action or
is a SEQRA Type II Action and, in any event, no SEQRA review is required prior to adoption of this
Resolution, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intention to issue the Quit
Claim Deeds in the form submitted to and reviewed by Town Legal Counsel or in a form
substantially similar thereto conveying any real property ownership rights that the Town may own in
lands under and adjacent to Holly Lane as that road is described on the Town Inventory of Highways
and in so declaring, the Town makes no statement whatsoever that it owns or ever has owned such
lands, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes conveyance of the Quit Claim Deeds at
issue, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby expressly accepts the conveyance of Easements
from Brian Hogan in perpetuity to the Town as set forth in the Quit Claim Deeds, and
BE IT FURTHER,
RESOLVED, that this conveyance is expressly made subject to 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,
and
BE IT FURTHER,
RESOLVED, that following expiration of the permissive referendum period or, if a petition is
filed mandating referendum, after a referendum in which this conveyance is authorized by the voters,
the Supervisor is authorized to sign and deliver the Quit Claim Deeds to Mr. Hogan and any other
needed documentation for recording with all recording costs to be a cost to Mr. Hogan.
Duly adopted this 13t'day of June, 2022,by the following vote:
AYES Mr. Freer, Mr. Ferone, Mr. Strough, Mr. Metivier
NOES None
ABSENT: Mr. McNulty