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140.92 RESOLUTION DETERMINING NO OBJECTION TO ABANDONMENT OF DELAWARE AND HUDSON RAILROAD SPUR TRACK RESOLUTION NO. 140, 92 INTRODUCED BY: Mr. Michel Brandt WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Susan Goetz WHEREAS, the Town Board of the Town of Queensbury has been advised that the Delaware and Hudson Corporation is attempting to abandon a portion of the Lake George branch line of the Delaware and Hudson Railway, and WHEREAS, a request for abandonment has been submitted to the New York State Department of Transportation, and WHEREAS, the proposed abandonment involves a spur track, which begins at the south line of East Lawrence Street, Mile Post A60.88, in the City of Glens Falls, and ends at the track near Quaker Road, Mile Post A62.55, in the Town of Queensbury, and WHEREAS, certain information concerning the railroad is more specifically set forth in a letter dated January 15, 1992 by McNamee, Lochner, Titus & Williams, P.C., Attorneys for the Delaware and Hudson Corporation, a copy of the same presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Town Board has no objection to the abandonment of the aforedescribed Delaware and Hudson Railroad Spur Track, provided that, should the aforementioned Delaware and Hudson Railroad Spur Track be discontinued or abandoned, l) that the issue of a previously agreed to license for the placement of sewer pipes across property owned by the Delaware and Hudson Corporation be addressed and that some arrangement concerning the continued maintenance of the sewer pipes be made, perhaps in the nature of an easement, and 2) that the rails and other components of the track will be dismantled and removed from the area, at Delaware and Hudson Corporation's expense, and that the land will be, in some fashion, restored, as required by law, and 3) that New York State will have a preferential right to buy the property from Delaware and Hudson and that, if the State does not exercise the right, Delaware and Hudson will look into the matter set forth in paragraph 4 below, and thereafter offer the property for sale to adjoining landowners and then, if said landowners were not interested in the purchase of the land, to anyone else who may be interested, and 4) the issue of a bike trail over the current bed of the rail road track be discussed with Delware and Hudson, the County, New York State and D.O.T. in the event that some arrangements may be made that would be satisfactory to the municipalities as well as adjoining property owners BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes the Town Supervisor of the Town of Queensbury to transmit a letter to the Department of Transportation and McNamee, Lochner, Titus & Williams, P.C., and all other interested parties, setting forth the Town Board's position, as well as enclosing a copy of this Resolution. Duly adopted this 24th day of February, 1992, by the following vote: AYES : Mr. Tucker, Mrs. Monahan, Mrs. Goetz, Mr. Brandt NOES : None ABSENT : None ABSTAIN : Mr. Caimano