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