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205.96 RESOLUTION CONSENTING TO DISCONTINUANCE OF A PORTION OF SHERMAN ISLAND ROAD RESOLUTION NO. 205, 96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED FOR ITS ADOPTION SECONDED BY: Mrs. Connie Goedert WHEREAS, on or about the 7th day of March, 1994, the Town Board of the Town of Queensbury approved and authorized the Hudson Pointe Planned Unit Development, and WHEREAS, one of the conditions of the proposed development was that the southern portion of Sherman Island Road (approximately 1,800') would be abandoned and that Sherman Island Road would become a dead-end with a paved turnaround to be constructed by the developer at the end point of the road, with that portion of Sherman Island Road becoming effectively blocked by berming, planting and similar measures, and WHEREAS, a portion of the southern portion of Sherman Island Road has previously been duly abandoned, and WHEREAS, the developer has proposed to abandon the remaining portion of Sherman Island Road as part of the Hudson Pointe Planned Unit Development because the roads servicing the Hudson Pointe Planned Unit Development have been constructed, and WHEREAS, the Town Board of the Town of Queensbury has examined the circumstances and conditions of said remaining portion of road to be abandoned, as well as the roads that generally service that area of the Town of Queensbury, and WHEREAS, Hudson Pointe, Inc. and Niagara Mohawk Power Corporation have each executed a consent that the portion of highway described herein be discontinued and therein also release the Town of Queensbury from any claims to damages by reason of the discontinuance of said portion of highway, and WHEREAS, it appearing that no other persons or corporation other than Hudson Pointe, Inc., and Niagara Mohawk Power Corporation own any premises through which said portion of highway sought to be discontinued passes or to which it is adjacent, and it further appearing that no significant purpose would be achieved in keeping that section of Sherman Island Road open and the Town Highway Superintendent having recommended that this portion of road be closed and it further appearing that the portion of highway sought to be discontinued has become unnecessary and useless in view of the roads available as part of the Hudson Pointe Planned Unit Development and previously accepted by the Town Board on behalf of the Town, NOW, THEREFORE, BE IT RESOLVED, that, upon due deliberation, the undersigned members of the Town Board of the Town of Queensbury do, pursuant to §171 of the Highway Law of the State of New York, consent in writing that the said portion of highway sought to be discontinued and described in the application and the preambles of this Resolution be discontinued, and BE IT FURTHER, RESOLVED, that it is the intent of this Resolution to consent to the abandonment of only those easement rights or rights of the public historically in that portion of Sherman Island Road described in the three descriptions annexed to the Release executed by Hudson Pointe, Inc., and nothing contained herein shall be deemed to constitute agreement to the abandonment of any portion of roads previously dedicated by Hudson Pointe, Inc., which may overlap a portion of the road abandoned hereby, and BE IT FURTHER, RESOLVED, that the members of the Town Board shall, in witness, hereunto set their hands in the Town Hall in said Town on the 6th day of May, 1996. Duly adopted this 6th day of May, 1996, by the following vote: AYES: Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr. Champagne NOES: None ABSENT: None