187.2004
RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT
DOMAIN PROCEEDING IN CONNECTION WITH CREATION OF ROUTE
9 SEWER DISTRICT – EXXON/MOBIL STATION PROPERTY EASEMENT
ON ROUTE 9
RESOLUTION NO.: 187, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final
Order approving creation of the Route 9 Sewer District, and
WHEREAS, the engineer working with the Town has determined the technical requirements of
the Project and has indicated that a line will need to run across the property of the ExxonMobil Station
on Route 9 identified as Tax Map No.: 288.16-1-3, and
WHEREAS, the Town has attempted to negotiate with the property owner for an easement
necessary for the Project but it appears that it will not be possible to get a consent easement, and
WHEREAS, the Town Board finds it necessary to exercise its rights to acquire the easement
by eminent domain in order to serve a public purpose, and
WHEREAS, the Town is required to compensate the property owner for the property
rights obtained, and
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WHEREAS, on April 5, 2004, the Town Board held a public hearing to inform the general
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 the Town Board
heard all persons interested in the proposed Project,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, in accordance with the New York State
Eminent Domain Procedure Law, hereby determines that acquisition of the real property rights
referred to in the preambles of this Resolution will serve a public purpose since there are no
feasible alternative locations for the necessary easement, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the commencement of
the necessary Eminent Domain proceeding, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Town Counsel to file
any necessary documentation and take any and all action necessary to commence legal action and
effectuate all terms of this Resolution.
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Duly adopted this 5 day of April, 2004, by the following vote:
AYES: Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES: None
ABSENT:None