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307.2008 RESOLUTION ADOPTING DETERMINATION AND FINDINGS REGARDING ACQUISITION OF EASEMENTS BY EMINENT DOMAIN ALONG MAIN STREET/CORINTH ROAD RESOLUTION NO.: 307,2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury is undertaking the Plan for Main Street and Corinth Road which involves the undergrounding of utilities, including the installation of new sewer facilities and replacement of existing water supply transmission facilities (the "Project"), contemporaneously with the widening and reconfiguration/relocation of a portion of County Route 28 (Main Street/Corinth Road) by Warren County, and WHEREAS, by prior Resolution No.: 162, 2008, adopted February 25, 2008, the Town Board initiated condemnation proceedings pursuant to the New York State Eminent Domain Procedure Law (EDPL) with respect to acquisition of utility easements across properties located adjacent to this portion of County Route 28 for use in connection with the Project, and , WHEREAS the authorized proceedings have been initiated and a properly noticed public hearing was held in conformity with Section 201 of the EDPL on March 19, 2008 in order to inform the public about the Project, review the public use to be served by the Project and the potential impacts on the environment and the residents of the locality where the Project is to be located, and to hear all people interested in the proposed Project, and , WHEREAS Section 204 of the EDPL requires that the Board make its determination and findings concerning the proposed Project within 90 days after the conclusion of the public hearing, NOW, THEREFORE, BE IT RESOLVED: Section 1: Findings - As and for its determinations and findings in this matter as required by Section 204 of the EDPL, the Board hereby adopts the document entitled “Determination and Findings, Acquisition by Eminent Domain of Easements over properties adjacent to Main Street and Corinth Road in the Town of Queensbury” which is attached hereto. Section 2: Further Proceedings - The Board hereby authorizes such further proceedings under the EDPL as may be necessary to effectuate acquisition by condemnation of the subject easements. Section 3: Publication of Synopsis - The Town Clerk is hereby authorized and directed to publish a brief synopsis of these Findings and Determination in at least two (2) successive issues of the Glens Falls Post Star as required by Section 204(A) of the EDPL. Such synopsis shall include the factors set forth in Sections 204(B) of the EDPL and shall also state that copies of the Determination and Findings will be forwarded upon written request without cost. Section 4: Service of Notice - The Town Clerk is hereby authorized and directed to serve notice as required by Section 204(C) of the EDPL upon each assessment record billing owner or his or her attorney of record across whose property an easement may be acquired. Section 5: Effective Date - This Resolution shall take effect immediately. nd Duly adopted this 2 day of June, 2008, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 2