138.96
RESOLUTION APPROVING AND AUTHORIZING QUIT CLAIM DEEDS
RESOLUTION NO. 138, 96
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, Maine Enterprises, Inc. has, on this date, dedicated
certain property to the Town of Queensbury for highway purposes and
for purposes of further development of the Stonehurst Subdivision,
and
WHEREAS, Maine Enterprises, Inc., by a previous deed, dated
September 1, 1987, dedicated other properties within the
subdivision for highway purposes and also provided the Town of
Queensbury with a temporary turnaround since the highways were not
completed at that time and identified the same in the deed to the
Town, as well as showing the same on subdivision maps, and
WHEREAS, the further dedication of roads made this date by
Maine Enterprises, Inc. proceeds through the aforedescribed
turnaround area and, therefore, the turnaround area has no further
use to the Town, and
WHEREAS, the aforedescribed turnaround area was never intended
to be conveyed permanently to the Town of Queensbury, and
WHEREAS, a reasonable reading of the deed would imply that the
turnaround area has now expired but the Town of Queensbury desires
to issue Quit Claim Deeds so that any possible interest the Town
may have in the turnaround area, except to the extent that the new
road passes through the same, is eliminated, and
WHEREAS, in view of the development of the new road in the
subdivision, the turnaround area has no value to the Town of
Queensbury and is surplus property,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby determines that the
action about to be undertaken is ministerial and a Type II action
under SEQRA, and
BE IT FURTHER
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves and authorizes the Quit Claim Deed presented at this
meeting which releases the Town's interests in the turnaround area
that is outside and not within the bounds of the road that was
dedicated on this date, and
BE IT FURTHER
RESOLVED, that the Town Supervisor be, and hereby is,
authorized to execute deeds and place the seal of the Town on the
deeds and, likewise, execute any other documents and papers that
may be necessary to effect the conveyance of that portion of the
turnaround area described herein to Thomas M. Bell and Terry L.
Hall, and Maine Enterprises, Inc., and file and record the same,
with the understanding that all costs for filing and/or recording
shall be borne by Maine Enterprises, Inc., and
BE IT FURTHER
RESOLVED, that this resolution shall be subject to a
permissive referendum in accordance with the provisions of
Article 7 of the Town Law and shall not take effect until such time
as provided therein, and the Town Clerk is further authorized to
publish a copy of this resolution, together with a notice of the
fact that this resolution is subject to a permissive referendum in
accordance with the provisions of law.
Duly adopted this 4th day of March, 1996, by the following
vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr.
Champagne
NOES: None
ABSENT:None