512.2005
RESOLUTION AUTHORIZING TRANSFER OF SANITARY SEWAGE
GRINDER PUMP AND FORCE MAIN TO D’ELLA AUTO GROUP AND
RELEASE OF GRINDER PUMP EASEMENT AND AGREEMENT
RESOLUTION NO.: 512, 2005
INTRODUCED BY: Mr. Roger Boor
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, in 1990 the Town of Queensbury, on behalf of the Central Queensbury Quaker
Road Sewer District, entered into a Grinder Pump Easement and Agreement with Michael Della Bella
of the D’Ella Auto Group concerning property located at 293 Quaker Road (Tax Map No.: 296.20-1-
5), and
WHEREAS, the Town’s sanitary sewage grinder pump and force main (force main) exists
within the area of the D’Ella Auto Group’s showroom addition foundation at this location, and
WHEREAS, relocation of such force main outside such foundation area would require an
easement from Niagara Mohawk Power Corporation and attempts to reach an agreement with Niagara
Mohawk that is satisfactory to all involved parties have been unsuccessful, and
WHEREAS, D’Ella Auto Group has therefore proposed taking possession of the force main in
its present location with the understanding that by taking such possession, D’Ella Auto Group would
be responsible for any future maintenance, associated controls and force main as more further set forth
in Rist-Frost Associates, P.C.’s October 31, 2005 letter, on behalf of the D’Ella Auto Group, presented
at this meeting, and
WHEREAS, it is not the Town of Queensbury’s policy to move its force mains and therefore,
it is consistent with Town policy to transfer ownership of the force main to the D’Ella Auto Group,
and
WHEREAS, the Town’s Wastewater Director and the Town Board are supportive of such
proposed transfer, and
WHEREAS, since the Grinder Pump Easement and Agreement will no longer be needed for
the Sewer District since the D’Ella Auto Group will take possession of the force main, the Town of
Queensbury may release such interests in real property for this specific purpose to Michael Della Bella
of the D’Ella Auto Group,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the Grinder Pump
Easement and Agreement (Easement) with Michael Della Bella of the D’Ella Auto Group was given to
the Town to be used for a specific purpose and the Town will no longer need to use this Easement and
therefore the Town Board approves and authorizes the release and revocation of the Easement with
Michael Della Bella of the D’Ella Auto Group concerning property located at 293 Quaker Road (Tax
Map No.: 296.20-1-5) dated July 31, 1990 and recorded in the Warren County Clerk’s Office at Liber
816 of Deeds at Page 299, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves and authorizes the transfer of the Town
of Queensbury’s sanitary sewage grinder pump and force main (force main) existing within the area of
the D’Ella Auto Group’s showroom addition foundation located at 293 Quaker Road (Tax Map No.:
296.20-1-5) to the D’Ella Auto Group, and
BE IT FURTHER,
RESOLVED, that D’Ella Auto Group shall be responsible for any future maintenance of the
grinder pump, associated controls and force main and the Town and the Central Queensbury Quaker
Road Sewer District shall have no responsibility for such future maintenance, repair and/or
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reconstruction, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute any and all documents necessary to complete the transactions described in this Resolution in
form acceptable to Town Counsel, including any documents related to the transfer of the electrical
power supply from the Town’s source to that of the D’Ella Auto Group, and authorizes and directs the
Town Supervisor, Wastewater Director and/or Town Counsel to take such other and further actions as
may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 7 day of November, 2005, by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES: None
ABSENT:None
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