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
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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.
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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