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252.95 RESOLUTION CONSENTING TO DISCONTINUANCE OF HIGHWAY RESOLUTION NO. 252, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, Curtis S. Rowland and Marion I. Rowland have made application to the Town Superintendent of Highways for the discontinuation of a portion of Peggy Ann Road, also known as Fuller Road, located in the Town of Queensbury, and WHEREAS, the application of Curtis S. and Marion I. Rowland has specifically asked for an abandonment of all that piece or portion of Peggy Ann Road, also known as Fuller Road, lying and existing in the Town of Queensbury, between a point 4,873 feet and a point 6,728 feet westerly of West Mountain Road, said portion of road also being described as that lying and existing between the point of intersection of Sherman Avenue (also known as Clendon Brook Road) and a point on said Peggy Ann Road 1,855 feet east of said intersection, and WHEREAS, the Town Board of the Town of Queensbury has examined the circumstances and conditions of said portion of road to be abandoned, as well as the roads that generally service that area of the Town of Queensbury, and WHEREAS, Curtis S. Rowland and Marion I. Rowland, as well as the Board of Water and Sewer Commissioners for the City of Glens Falls, have executed a consent that the portion of highway described herein be discontinued and therein also release the Town of Queensbury from any claims to damages by reason of the discontinuance of said portion of highway, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, having read the application of Curtis S. and Marion I. Rowland, asking for discontinuance of a portion of a highway in the Town of Queensbury, as described in said application and the preambles of this Resolution, and it appearing that Sherman Avenue, also known as Clendon Brook Road, generally serves to provide access in that area of Town, and it appearing that no other persons or corporations, other than the applicants and the City of Glens Falls, own any premises through which said highway sought to be discontinued passes or to which it is adjacent, and it further appearing that no significant purpose is achieved in keeping that section of Fuller Road open and it further appearing that the Town Highway Superintendent is recommending that that portion of road be closed due to concerns of continued maintenance and repair, as well as potential impact on the City of Glens Falls Watershed property, and it further appearing that the portion of highway sought to be discontinued has become unnecessary and useless, NOW, THEREFORE, BE IT RESOLVED, that, upon due deliberation, the undersigned members of the Town Board of the Town of Queensbury do, pursuant to Section 171 of the Highway Law of the State of New York, consent in writing that the said portion of highway sought to be discontinued and described in the application and the preambles of this Resolution be discontinued, and BE IT FURTHER RESOLVED, that the members of the Town Board shall, in witness, hereunto set their hands in the Town Hall in said Town on the 17th day of April, 1995. Duly adopted this 17th day of April, 1995, by the following vote: AYES: Mrs. Monahan, Mr. Turner, Mr. Caimano, Mr. Champagne NOES: None ABSENT: Mrs. Pulver