083.2003
RESOLUTION AUTHORIZING RETURN OF PROPERTY PREVIOUSLY
DONATED TO TOWN FROM DANIEL AND ELIZABETH VALENTE
RESOLUTION NO.: 83, 2003
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 20.2001, the Queensbury Town Board approved Extension No.
7 to the Central Queensbury Quaker Road Sewer District, subject to certain conditions, and
WHEREAS, those conditions were not satisfied and so a new Map, Plan and Report proposing an
alternative sewer district for the general area was prepared, and
WHEREAS, by Resolution No.: 349, 2002, the Town Board rescinded Resolution No.: 20.2001
and approved an alternative Extension No. 7 to the Central Queensbury Quaker Road Sewer District to
include the southern Bay Road corridor, and
WHEREAS, Daniel and Elizabeth Valente previously donated two easements and a parcel of land
to the Town of Queensbury explicitly to be used for the Sewer District Extension which was planned but
never completed, and
WHEREAS, the original Sewer District Extension never occurred, so the Town of Queensbury
has the responsibility to return such interests in real property donated by the Valentes for a specific
purpose to the Valentes, such parcel described in Warranty Deed of Daniel J. Valente and Elizabeth M.
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Valente to the Town of Queensbury dated December 12, 2001 and recorded in the Warren County
Clerk’s Office at Liber 1244 of Deeds, Page 290 and such easement described in the Easement of Daniel J.
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Valente and Elizabeth M. Valente to the Town of Queensbury dated December 12, 2001 and recorded in
the Warren County Clerk’s Office at Liber 1244 of Deeds at Page 284, and
WHEREAS, the Valentes have graciously permitted the Town of Queensbury to retain the
remaining sewer easement given to the Town by Valente Builders, Inc., described in the Easement dated
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December 12, 2001 and recorded in the Warren County Clerk’s Office at Liber 1244 of Deeds at Page
279,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves and authorizes the return of certain property
identified in the Warren County Clerk’s Office at Liber 1244 of Deeds, Page 290 to Daniel and Elizabeth
Valente as well as the Easement of Daniel and Elizabeth Valente to the Town of Queensbury dated
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December 12, 2001 and recorded in the Warren County Clerk’s Office at Liber 1244 of Deeds at Page
284, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby determines that such property was given to the Town
to be used for a specific purpose which the Town will not be using it for, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute
any and all documents necessary to complete this transaction, including, without limitation, the Deed, any
Real Property Transfer Reports and Capital Gains Affidavits, which documents will be prepared by the
Valentes’ attorneys and in form acceptable to Town Counsel, and take such other and further actions as
may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 27 day of January, 2003, by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None