451.97
RESOLUTION ACCEPTING CORRECTIVE DEED
REGARDING BERKSHIRE PROPERTY
RESOLUTION NO.: 451.97
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, Berkshire-Glens Falls, L.L.C. ("Berkshire") purchased
certain property at the corner of Quaker and Bay Roads, and
WHEREAS, during construction, Berkshire discovered human
remains on a portion of its property, and
WHEREAS, Berkshire gave the Town of Queensbury a portion of
its property by Deed dated August 5, 1997 and recorded in the
Warren County Clerk's Office at Liber 1035, Page 114, intending to
give the Town the portion of its property where such human remains
were located, and
WHEREAS, the Town of Queensbury accepted the dedication of
such property pursuant to Resolution No. 316.97 on August 18, 1997,
intending to receive the property where such human remains were
located, and
WHEREAS, after further investigation, Berkshire discovered
three additional grave sites and discovered that a portion of the
property that was previously dedicated had no human remains and
should have been retained by Berkshire for its drainage purposes,
and
WHEREAS, based on the new discoveries, the previous Deed
appears to be incorrect because the Town did not receive all of the
grave sites on the Berkshire property and the Town received
additional property that was not intended by the Town or by
Berkshire to be dedicated, and
WHEREAS, Berkshire's counsel has informed the Town's counsel
that, although the Town will, by corrective deed, deed back a
portion of the property it previously received, the proposed
Corrective Deed will result in the Town having a net gain of
property,
NOW, THEREFORE, BE IT
RESOLVED, that the Town shall accept for dedication a
Corrective Deed in the form provided to Town Counsel where the Town
shall receive the portion of Berkshire property where human remains
have been found and where such Deed shall result in a return to
Berkshire of a portion of its property which was mistakenly
included in the previous Deed to the Town, and
BE IT FURTHER
RESOLVED, that the Town Supervisor is authorized to sign such
documents and take such actions as are necessary to fulfill such
resolutions.
Duly adopted this 15th day of December, 1997, by the following
vote:
AYES : Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Monahan, Mr.
Champagne
NOES : None
ABSENT: None