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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