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401.99 RESOLUTION AND CONSENT OF QUEENSBURY TOWN BOARD TO DISCONTINUE A PORTION OF BANK STREET RESOLUTION NO.: 401, 1999 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Douglas Irish WHEREAS, the Town Highway Superintendent has received a written application pursuant to § New York State Highway Law 171 for discontinuance of a portion of Bank Street in the Town of Queensbury described as follows: All that certain piece or parcel of land situate, lying and being in the Town of Queensbury, County of Warren and the State of New York, more particularly bounded and described as follows: BEGINNING at the southwest corner of land conveyed to the Town of Queensbury by deed dated __________ and recorded in Book _____ of Deeds at Page ____; running thence North 07 degrees, 29 minutes and 46 seconds West along the westerly bounds thereof in the easterly bounds of the lands of the grantor herein, a distance of 50.00 feet; thence running North 81 degrees, 56 minutes and 14 seconds East, a distance of 64.76 feet; thence running southwesterly along a curve to the left having a radius of 25.00 feet, a distance of 39.02 feet; thence running South 07 degrees, 29 minutes and 46 seconds East, a distance of 25.64 feet; thence running South 82 degrees, 30 minutes and 14 seconds West, a distance of 40.00 feet to the point and place of beginning, containing 0.05 acres of land, to be the same more or less. Bearings given in the above description refer to magnetic North. and WHEREAS, the Town Highway Superintendent has issued an Order Discontinuing a Portion of Bank Street, a copy having been presented at this meeting, and WHEREAS, the Highway Superintendent has confirmed that this portion of Bank Street is not needed or used for any Town purpose, that traffic over Bank Street will continue without any change and that this portion of Bank Street is useless, and 1 WHEREAS, although a public hearing is not required by law, the Town Board has nonetheless sought input from the public before acting, and WHEREAS, the Town Board, in its discretion, chose to conduct a public hearing concerning th the discontinuance on December 6, 1999 and heard all interested parties concerning the proposed discontinuance, and WHEREAS, the Town has received Consent(s) and Release(s) from all damages from the owners of all properties affected by the discontinuance, and WHEREAS, the only properties adjacent to the portion of Bank Street which is being considered for discontinuance are owned by Ilene Flaum, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury has determined that the only property owner affected by the discontinuance of a portion of Bank Street is Ilene Flaum as the only owner of property adjacent to the portion of Bank Street being discontinued, and that access over Bank Street will be unaffected by the proposed discontinuance, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, after having examined all of the evidence, facts and circumstances including, without limitation, the written Application, the Order of the Highway Superintendent, the Consent and Release and evidence received at the public hearing, hereby determines that the portion of Bank Street sought to be discontinued is not needed for any Town purpose and has become useless, that traffic over Bank Street will be unaffected and that this portion of Bank Street is not necessary, and BE IT FURTHER, 2 RESOLVED AND ORDERED, that the Town Board hereby consents to the Order of Town of Queensbury Highway Superintendent Discontinuing a portion of Bank Street. th Duly adopted this 6 day of December, 1999, by the following vote: AYES: Mr. Merrill, Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Champagne NOES: None ABSENT: None ______________________________ ________________________________ FRED CHAMPAGNE DOUG IRISH TOWN SUPERVISOR TOWN COUNCILMAN ______________________________ _________________________________ RICHARD MERRILL PLINEY TUCKER TOWN COUNCILMAN TOWN COUNCILMAN ______________________________ THEODORE TURNER TOWN COUNCILMAN 3