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607.95 RESOLUTION CONCERNING EXCHANGE OF EASEMENTS IN STONEHURST SUBDIVISION RESOLUTION NO. 607, 95 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town of Queensbury Planning Board, in 1983, gave approval to the Stonehurst Subdivision, and WHEREAS, in 1985, Maine Enterprises, Inc., dedicated to the Town of Queensbury, certain land for road purposes, and also a 20' drainage easement through Lot 30 in said Stonehurst Subdivision, said drainage easement being more specifically described by a metes and bounds description, and WHEREAS, it has come to the attention of the Town Board of the Town of Queensbury that the drainage easement that was conveyed to the Town is not in the same place as the drainage easement shown on the approved subdivision plat, and it has also been brought to the attention of the Town Board, that a house is being constructed in the area of the drainage easement that was conveyed, and WHEREAS, the developer has proposed to relocate the drainage easement that was deeded to the Town of Queensbury in 1985 to an area closer to that shown on the original subdivision map approved by the Planning Board in 1983, and WHEREAS, the Planning Office and an engineer for the Town have reviewed the proposed relocation of the drainage easement and have offered opinions concerning the same to the Town Board, and WHEREAS, a deed describing the area where the drainage easement will be relocated has been presented to the Town Board, and the Town Attorney has received other papers that are required to be filed in connection with the deed, as well as reviewed title to the property, and has advised that he has no objections to the title to the property, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby approves acceptance of the deed offered for the relocated easement and further authorizes the Town Supervisor and Town Attorney to execute any documents that may be necessary to arrange for the acceptance and recording of the easement, including the causing of the placement of the Town seal on any documents that may be necessary, with the understanding, however, that the costs of recording the documents will be paid for by the Developer, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby, on behalf of the Town, agrees to relinquish any and all rights it has in an easement conveyed to the Town, by way of deed from Maine Enterprises, Inc., dated November 5, 1985 and filed at Liber 676 Page 632, and more specifically described therein as a 20' wide drainage easement in the Stonehurst Subdivision, south of Thistle Drive and through Lot 30, and further described by a metes and bounds description therein, and the Town Board of the Town of Queensbury also authorizes the Town Attorney and Town Supervisor to execute and place the Town's seal on any documents that may be required to cause the acceptance and recording of any documents that may be required to indicate the relinquishment of rights stated herein. Duly adopted this 4th day of December, 1995 by the following vote: AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES : None ABSENT : None