347.2001
RESOLUTION AND CONSENT OF QUEENSBURY TOWN BOARD TO
ABANDON PORTION OF CLIFFORD AVENUE ALSO KNOWN AS
CEMENT WORKS AND CONSENT BY
TOWN HIGHWAY SUPERINTENDENT
RESOLUTION NO.: 347, 2001
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Town Highway Superintendent has received a written request from the Glens
Falls Lehigh Cement Company for the abandonment of a portion of Clifford Avenue, also known as
Cement Works, in the Town of Queensbury, and
WHEREAS, it is the Town Board’s understanding that such portion of Clifford Avenue has
not been used and has been blocked off for many years with piles of stone rubble, and
WHEREAS, the Highway Superintendent has confirmed that this portion of Clifford Avenue
has not been maintained or used in over six years, is not needed for any Town purpose and the portion
has become useless to the Town, and
WHEREAS, although a public hearing is not required by law, the Town Board nonetheless in
th
its discretion chose to conduct public hearings concerning the discontinuance on February 26 and
th
March 5, 2001 and heard all interested parties concerning the proposed abandonment, and
WHEREAS, the Town Board has received a Water Easement for its water district
improvements located on this property in form acceptable to Town Counsel, and
WHEREAS, to abandon this portion of a road in this fashion, the Town Highway
Superintendent needs to sign, file and record in the Town Clerk’s Office the written description of such
1
abandoned road,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the portion of Clifford
Avenue, also known as Cement Works, sought to be abandoned is not needed for any Town purpose,
has become useless and is not necessary, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby consents to the abandonment of the following
portion of Clifford Avenue, also known as Cement Works, having the following two metes and bounds
descriptions:
All that certain piece or parcel of land situate, lying and being in the Town of Queensbury,
County of Warren and the State of New York, being that portion of Clifford Avenue lying south of
NYS Highway No. 656 known as Lower Warren Street and former Warren Street, leading from said
Lower Warren Street westerly to the D&H Railroad, more particularly bounded and described as
BEGINNING
follows: at the northeast corner of Parcel BB, as described in a deed from Glens Falls
Cement Company Inc. to Glens Falls Lehigh Cement Company by deed dated April 6, 1999 recorded
in book 1111 of deeds at page 232; running thence South 80 degrees, 49 minutes and 00 seconds East,
along said State Highway, a distance of 40.00 feet to a point in the northwesterly bounds of Parcel R as
described in said deed; thence running South 06 degrees, 00 minutes and 00 seconds West, along the
westerly bounds of Parcel R, a distance of 161.00 feet to the southeast corner of said Clifford Avenue
in the northerly bounds of the former Warren Street; thence running South 86 degrees, 50 minutes and
00 seconds East, along the said former Warren Street, a distance of 405.00 feet to the southeast corner
of Lot 6 in the Fairlawn Tract; running thence North 06 degrees, 00 minutes and 00 seconds East,
along the easterly bounds of said Lot 6, a distance of 19.07 feet to the corner in the southerly bounds
of NYS Highway No. 656 Lower Warren Street; thence running South 59 degrees, 54 minutes and 00
seconds East, along said lower Warren Street, a distance of 187.85 feet to a point therein as intersected
by northerly bounds of Parcel W, as described in said deed 1111, page 232; running thence North 86
degrees, 50 minutes and 00 seconds West, along the northerly bounds of Parcel W and along the
northerly bounds of an angle in the Delaware and Hudson Railroad, a distance of 520.33 feet to an
angle point in said lands of Delaware and Hudson Railroad; running thence North 49 degrees, 14
minutes and 00 seconds West, along the said lands of the Delaware and Hudson Railroad, a distance of
117.14 feet to the southwesterly corner of said Clifford Avenue; thence running North 06 degrees, 00
minutes and 00 seconds East, a distance of 159.76 feet to the point and place of beginning, containing
0.91 acres of land to be the same more or less.
2
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
AND
All that certain piece or parcel of land situate, lying and being in the Town of Queensbury,
County of Warren and the State of New York, more particularly bounded and described as follows:
BEGINNING
at a point in the northerly bounds of Old Warren Street at its intersection with the
easterly bounds of the City of Glens Falls and the westerly bounds of the Town of Queensbury; running
thence along the northerly bounds of said Old Warren Street, South 88 degrees, 38 minutes and 00
seconds East, a distance of 56.18 feet to a point in the southwesterly bounds of the Delaware and
Hudson Railroad; thence running along the same South 49 degrees, 20 minutes and 00 seconds East, a
distance of 98.53 feet to a point in the southerly bounds of said Old Warren Street; thence running
North 88 degrees, 14 minutes and 00 seconds West, along the southerly bounds of Old Warren Street,
a distance of 137.41 feet to a point in the easterly bounds of the city of Glens Falls corporate line;
thence running along said corporate line, North 06 degrees, 00 minutes and 00 seconds East, a distance
of 61.65 feet to the point and place of beginning, containing 0.137 acres of land to be the same more or
less.
Bearings given in the above description refer to magnetic North.
SUBJECT to easements of record.
and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Highway Superintendent
to sign this Resolution and Consent and that such signature shall constitute the Town Highway
Superintendent’s consent to such abandonment and the statutory requirement that he shall sign the
written description of such abandoned road, and
BE IT FURTHER,
RESOLVED, that upon signing this Resolution and Consent, the Town Highway
Superintendent shall file and record this Resolution and Consent with the Town Clerk’s Office, and
3
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
real property form TP-584 and take all such actions relating to the recording of the Water Easement
and effectuating all terms of this Resolution.
th
Duly adopted this 10 day of September, 2001, by the following vote:
AYES : Mr. Brewer, Mr. Brower, Mr. Stec
NOES : None
ABSENT:Mr. Martin, Mr. Turner
______________________________ ___________________________________
DENNIS R. BROWER JAMES M. MARTIN
TOWN SUPERVISOR TOWN COUNCILMAN
______________________________ ____________________________________
THEODORE TURNER DANIEL STEC
TOWN COUNCILMAN TOWN COUNCILMAN
______________________________ ____________________________________
TIM BREWER RICHARD A. MISSITA
TOWN COUNCILMAN TOWN HIGHWAY SUPERINTENDENT
4