546.2004
RESOLUTION ACCEPTING DEDICATION OF WESTBERRY WAY AND
WOODSHIRE COURT IN PINE RIDGE ESTATES SUBDIVISION
RESOLUTION NO. 546, 2004
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, Burnt Hills, LLC has offered deeds to dedicate Westberry Way and Woodshire
Court in the Pine Ridge Estates Subdivision to the Town of Queensbury as described in a Survey
prepared by VanDusen & Steves, Land Surveyors, LLC, dated September 29, 2004, and
WHEREAS, the Town Highway Superintendent has inspected the roads, advised that the
roads are complete with binder and topcoat and has recommended their acceptance contingent upon
Burnt Hills, LLC completing the road proposed to be connected to the Schiavone Subdivision within
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five years or by November 1, 2009, and addressing any necessary drainage easements, and
WHEREAS, the Town Highway Superintendent reviewed the subdivision map and determined
that there do not seem to be any necessary drainage easements for these two roads, and
WHEREAS, Burnt Hills, LLC has provided the Town with a $8,750 cash escrow to ensure
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completion of the connector road to the Schiavone Subdivision by November 1, 2009, and
WHEREAS, the Town Water Superintendent has confirmed that installation of water mains
and appurtenances has been made in accordance with Town Water Department standards, and
WHEREAS, Burnt Hills, LLC has offered a deed to two parcels called “Avoidance Area” and
“Mitigation Area” to dedicate such property to the Town of Queensbury as described in the
Subdivision Plan/Survey prepared by Nace Engineering and VanDusen & Steves, Land Surveyors,
LLC, final revision date of March 17, 2004, and
WHEREAS, the Town of Queensbury plans to use some or all of such property for Karner
Blue Butterfly Habitat and to allow the New York State Department of Environmental Conservation
(DEC) to clear all or part of such property for such purpose, and
WHEREAS, Richard Schermerhorn has agreed to remove three piles of garbage from the
Avoidance Area and Mitigation Area at his own expense when DEC is on such property for
construction and clearing, and
WHEREAS, the form of the deeds and title to the roads, Avoidance Area and Mitigation Area
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(s) for
dedication of Westberry Way and Woodshire Court in the Pine Ridge Estates Subdivision, and
BE IT FURTHER,
RESOLVED, that the Town Board 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 in form acceptable to Town Counsel and the Town Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs Burnt Hills, LLC to record
the deed(s) in the Warren County Clerk's Office, after which time the deed(s) 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
roads to the official inventory of Town Highways as follows:
Name: Westberry Way Road Number: 545
Description: Beginning at Upper Sherman Avenue and continuing a distance of 2300 feet
and .435 hundredths of a mile and ending at a dead end.
Feet: 2300’ and .435 of a mile .
Name: Woodshire Court Road Number: 546
Description: Beginning at Upper Sherman Avenue and continuing in a southerly direction
a distance of 1125 feet and .213 hundredths of a mile and ending at
Westberry Way.
Feet: 1125’ and .213 of a mile .
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Duly adopted this 1 day of November, 2004, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
ABSENT: None
NOES : None