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209.2004 RESOLUTION AUTHORIZING COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH CERTAIN PROPERTIES WITHIN AREA SCHEDULED FOR WATER TRANSMISSION SYSTEM IMPROVEMENTS RESOLUTION NO.: 209, 2004 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Roger Boor WHEREAS, by Town Board Resolution No.: 353,2003 the Town Board authorized and approved improvements to the Queensbury Consolidated Water District, such improvements being the installation of water mains along Round Pond Road, Blind Rock Road, Country Club Road, Haviland Road, Ridge Road, Hicks Road and a connection between Big Boom Road and Big Bay Road underneath Interstate 87 (Northway) in the Town of Queensbury, 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 certain properties as follows: OWNER NAME TAX MAP NO. PROPERTY ADDRESS EASEMENT NO. Robert Mulcahy 297.9-1-8 557 Ridge Road P-14 Niagara Mohawk Power Corp. P-42 No tax map listed Located on both sides of and County GIS Round Pond Rd. On south shows no tax side it’s bounded by 2 parcels number either. (296.6-1-13 & 296.5-1-1 belonging to Salvadore Russo listed as 144 Round Pond Rd) & on north side it’s bounded on both sides by Guido Passarelli's parcel (296.5-1-7 lot number(s) unknown). and WHEREAS, the Town has attempted to negotiate with the property owners for easements necessary for the Project but it appears that it will not be possible to get consent easements, and WHEREAS, the Town Board finds it necessary to exercise its rights to acquire the easements by eminent domain in order to serve a public purpose, and WHEREAS, the Town is required to compensate the property owners for the property rights obtained, and th WHEREAS, on April 19, 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 easements, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the commencement of the necessary Eminent Domain proceedings, 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. th Duly adopted this 19 day of April, 2004, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES : None ABSENT : None