215.95
RESOLUTION APPROVING AGREEMENT
BETWEEN HUDSON POINTE AND ROBERT AND MARGARET MCDONALD
RESOLUTION NO. 215. 1995
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury previously
adopted certain legislation which authorized the Hudson Pointe
Planned Unit Development, and
WHEREAS, the legislation authorizing the Hudson Pointe Planned
Unit Development provided for a Boulevard entrance to Hudson Pointe
through the Southern Exposure Subdivision, and
WHEREAS, said Boulevard will require the reconfiguration of
certain dedicated roads within the Southern Exposure Subdivision
and the formal abandonment of certain portions of said dedicated
roads so as to allow said reconfiguration and construction of the
new Boulevard entrance, and
WHEREAS, water pipes will also have to be relocated, and
WHEREAS, all work to realign the aforementioned roads in
Southern Exposure and also build the Boulevard entrance is to be
done at no cost to the Town of Queensbury, and
WHEREAS, the developer shall bear all expense for the
relocation and realigning of roads, as well as the securing of
marketable title to all property necessary for the realignment of
various roads, as well as all of those costs pertaining to the
relocation of water pipes, including the placing of new water pipe
and obtaining of requisite easements or other property rights for
the same, and
Whereas, a portion of McDonald Drive and Kimberly Lane will
be abandoned as a result of the agreement and action authorized by
this resolution and in consideration of the terms and provisions of
the agreement and of the fact that such portions of roads will no
longer be of any use to the Town of Queensbury, the real property
upon which the same are located will be deeded to Robert and
Margaret McDonald for no additional consideration and
WHEREAS, a proposed agreement has been presented at this
meeting concerning the matters previously described herein,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves the agreement presented at this meeting between the Town
of Queensbury, Robert & Margaret McDonald, and Hudson Pointe, Inc.
for purposes of accomplishing the objectives stated therein and
briefly described in the preambles of this resolution with the
condition that the agreement be modified to include the clauses
concerning expenses of the proposed project, Certificates of
Insurance, written approvals from the Town Highway Superintendent
and Water Superintendent and indemnification and defense of the
Town by Hudson Pointe, as more specifically set forth in the
addendum prepared by the Town Attorney, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is authorized and directed
to execute the aforedescribed agreement with the additional clauses
required by this resolution included therein and to take such other
and further action to carry out the terms and provisions of the
agreement insofar as the Town of Queensbury is concerned, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is hereby authorized and
directed to execute a deed , place the seal of the Town of
Queensbury on the same, and take such other further and appropriate
action to effectuate a conveyance of title to the portions of
McDonald Drive and Kimberly Lane abandoned as a result of the
agreement referred to herein, this resolution and the consent of
the Town Board to the abandonment, to Robert and Margaret McDonald
and
BE IT FURTHER
RESOLVED that the conveyance of a portion of McDonald Drive
and Kimberly Lane as described in this resolution and contemplated
by the agreement and such portions of the agreement neccessarily
connected therewith shall be subject to a permissive referendum
and/or such other actions and/or authorization allowed under law
BE IT FURTHER
RESOLVED, that the Town Clerk shall publish and post a copy of
this Resolution in accordance with the procedures set forth in
Article 7 of the Town Law of the State of New York with a notice
that this Resolution was adopted on the date indicated herein, by
the council persons indicated and within the Town of Queensbury.
Duly adopted this 3rd day of April, 1995, by the following
vote:
AYES : Mr. Caimano, Mrs. Monahan, Mr. Turner, Mr. Champagne
NOES : None
ABSENT: Mrs. Pulver