239.2024 Accepting Dedication of Dean Thomas Way in The Village at Upper Sherman Subdivision from Cerrone Land Holding , LLC RESOLUTION ACCEPTING DEDICATION OF DEAN THOMAS WAY
IN THE VILLAGE AT UPPER SHERMAN SUBDIVISION
FROM CERRONE LAND HOLDINGS, LLC
RESOLUTION NO.: 239, 2024
INTRODUCED BY: Mr. Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, Cerrone Land Holdings, LLC (Developer) has offered to dedicate to the Town
of Queensbury Dean Thomas Way as well as the water distribution system that will serve the Village
at Upper Sherman Subdivision ; and
WHEREAS, the area of dedication is more particularly described in a "Map of a Survey of
Dean Thomas Way, to be conveyed to: The Town of Queensbury," dated January 17, 2024, last
revised February 27, 2024,"and
WHEREAS,the Town Highway Superintendent has inspected the road and recommended its
acceptance contingent upon the Developer entering into an Escrow Account with the Town in the
amount of$145,000 to be paid in two installments to ensure the Developer's completion of the top
coat of the black-top within two (2) years of the date of acceptance or by June 17, 2026; and if
applicable, all drainage easements being in place, and
WHEREAS, the Developer has informed the Town that he has no objection to providing the
Town with a $145,000 cash escrow and entering into an Escrow Agreement to ensure placement of
the top coat on the road consistent with the Town Highway Superintendent's requirements, and
WHEREAS,the Town Water Superintendent has indicated that an inspection has been made
of the water mains and appurtenances installed in the Village at Upper Sherman Subdivision and the
installation has been made in accordance with the requirements of the Town Water/Wastewater
Department, with the Developer to be responsible for the installation's repair and maintenance for
one year from the date of Town Board approval of the road dedication or through June 171h 2025,
and
WHEREAS, the Town's Director of Planning, Zoning and Code Compliance has confirmed
that he has inspected Dean Thomas Way and it was found to be in general compliance with the
requirements of his office and the Town Subdivision Code including installation of all front property
corners,permanent survey monuments and signs to identify the subdivision lots,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the dedication
of Dean Thomas Way in the Village at Upper Sherman Subdivision contingent upon:
1. The Developer providing the Town Budget Officer with a$120,000 cash escrow and
entering into an Escrow Agreement to ensure placement of the top coat on the road
consistent with the Town Highway Superintendent's requirements; and
2. The Developer providing the Town Budget Officer with an additional cash escrow of
$25,000 at the time of or prior to the issuance of the tenth (10 h) Certificate of
Occupancy in the Sherman Avenue Subdivision.
3. All documentation related to such dedication being in form acceptable to Town
Counsel; and
BE IT FURTHER,
RESOLVED,that the Town Board authorizes and directs the Town Supervisor and/or Deputy
Town Supervisor to execute any and all documents necessary to complete the transaction including
all real property forms and the Escrow Agreement substantially in the form presented at this meeting,
and
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BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Developer to record the
deed in the Warren County Clerk's Office, after which time the deed shall be properly filed and
maintained in the Queensbury Town Clerk's Office, 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: Dean Thomas Way Road Number:
Description: Beginning at Upper Sherman Avenue and continuing in a
northwesterly direction a distance of 3,484.8 ±' and 0 hundredths of a mile
and ending at Upper Sherman Avenue.
Feet: 3,484.8±' and 0 hundredths of a mile
Duly adopted this 17'h day of June, 2024,by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty
NOES None
ABSENT: None
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