170.2004
RESOLUTION ACCEPTING DEDICATION OF WILLOWBROOK DRIVE
IN BAYBROOK PROFESSIONAL PARK SUBDIVISION
RESOLUTION NO. 170. 2004
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Schermerhorn Commercial Holdings, LP has offered a deed to dedicate
Willowbrook Drive in the Baybrook Professional Park Subdivision to the Town of Queensbury as
described in a Survey prepared by VanDusen & Steves, Land Surveyors, LLC, dated December 9,
2003, and
WHEREAS, the Town Highway Superintendent has inspected the road and recommended its
acceptance contingent upon the developer 1) fixing certain drain and sewer manholes and two large
depressions near the Bay Road intersection; 2) after inspection, completing the top coat of the black-
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top within two years of the date of acceptance or by March 15, 2006, and 3) defining and placing any
necessary drainage easement boundaries, and
WHEREAS, Schermerhorn Commercial Holdings, LP will provide the Town with a $19,800
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cash escrow to ensure placement of the top coat on the roads by March 15, 2006, and
WHEREAS, the Town Water Superintendent has confirmed that installation of water mains
and appurtenances has not been made in accordance with Town Water Department standards, and
WHEREAS, the Water Superintendent recommends that if the Town of Queensbury shall
accept Willowbrook Drive as a Town Road, that it not accept dedication of the water mains and
appurtenances until such time as the Developer shall have met Town requirements for such water
mains and appurtenances, and
WHEREAS, the Developer understands that it shall not receive any certificates of occupancy
until such time as such water mains and appurtenances are accepted for dedication, and
WHEREAS, the form of the deed and title to the road offered for dedication have been
reviewed by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby accepts and approves the deed for
dedication of Willowbrook Drive in the Baybrook Professional Park Subdivision which deed shall not
include dedication of the water mains and appurtenances, and
BE IT FURTHER,
RESOLVED, that this acceptance is expressly conditioned on the Town’s receipt of the
$19,800 cash escrow, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute, sign and affix the Town seal to any and all documents necessary to complete the transaction,
including an Escrow Agreement to be in form acceptable to the Town Budget Officer and Town
Counsel,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Schermerhorn Commercial
Holdings, LP 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
road to the official inventory of Town Highways as follows:
Name: Willowbrook Drive Road Number: 544
Description: Beginning at Bay Road and continuing in a northeasterly direction a distance
of 1,184 feet and .22 hundredths of a mile and ending at a cul-de-sac.
Feet: 1,184’ and .22 of a mile .
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Duly adopted this 15 day of March, 2004, by the following vote:
AYES : Mr. Strough, Mr. Boor, Mr. Turner
NOES : Mr. Brewer, Mr. Stec
ABSENT: None