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567.95 RESOLUTION ABANDONING A PORTION OF WATER MAIN CROSSING PROPERTY BEARING TAX MAP NO.: 74.-1-37.1 RESOLUTION NO. 567, 95 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, subsequent to the establishment of the Queensbury Water District, the same including the Warren County Municipal Center and West Mount, the County, indicating it was the owner of a 6" main which served West Mount, and a main under the Northway serving the Municipal Center, by resolution no. 51, resolved as follows: RESOLVED, that the aforesaid mains and any other existing mains in the Queensbury Water District be and the same hereby are turned over to the Town of Queensbury, acting for and in behalf of the Queensbury Water District, for operation, maintenance and repair as soon as the construction of the improvements in the Queensbury Water District has progressed to the point where such mains can be incorporated into and made a part of the water distribution system." and WHEREAS, property records indicate that the County of Warren had previously received a conveyance allowing the placement and maintenance of the aforedescribed water pipes from Frank Cusson, Francis Laundre, and Elizabeth Laundre, his wife, by deed dated 1928, but no deed has been found which formally conveyed the easement area to the Town of Queensbury, and WHEREAS, according to information received by the Town Board, the aforedescribed water mains were used for a number of years by the Queensbury Water District, but subsequently, the main was cut on both sides of the property bearing tax map number: 74.-1-37.1 (Holtz' property) and was no longer used, a new main being laid along the new West Mountain Road to replace it, and WHEREAS, Ms. Holtz, owner of the property bearing tax map no.: 74.-1-37.1, has requested that the Town of Queensbury abandon the pipe and Town rights across her property, since it no longer needs the same, and it is believed that the Warren County Resolution and Deed referred to hereinabove included that pipe and area for which Ms. Holtz has requested abandonment, and WHEREAS, the Superintendent of the Town of Queensbury Water Department has advised that the portion of main crossing the Holtz' property is of no value to the Queensbury Water System, and has recommended that the same be abandoned, but that the pipes and rights in the easement on either side of the property be retained, due to the current configuration of the water system, and the fact that the same may be usable in the future, and WHEREAS, Town Law §198(12) provides that real or personal property owned by, but not required for purposes of any improvement district, may be sold or leased by the Town Board, provided however, that with respect to property sold or leased having a value in excess of $1,000., a public hearing shall be held, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, reviewing all of the facts and circumstances concerning the water pipe proposed to be abandoned, and any rights that the Town has in the easement affecting or existing on Ms. holtz' property for the pipe crossing the property bearing Tax Map No.: 74.-1-37.1 (the Holtz property), hereby determines that the same is not required for purposes of the water district or for any other Town purposes, and hereby further determines that sale of the same would be impractical, as the old pipe and any rights the Town may have in the easement area across only the Holtz property, would not appear to be of any value or of sufficient value to warrant costs associated with any attempt to sell the same, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that under the circumstances, it is fiscally prudent to simply abandon the pipeline and any rights it may have in the easement across only the Holtz property, and does so by this resolution. Duly adopted this 6th day of November, 1995 by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr. Champagne NOES : Mrs. Goedert ABSENT: None