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