067.2010 Grant of Easements Main St Project.do
RESOLUTION AUTHORIZING ASSIGNMENT AND GRANT OF
EASEMENTS TO UTILITY COMPANIES AS PART OF MAIN STREET
UTILITIES RELOCATION PROJECT
RESOLUTION NO.: 67, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board (Town) is the duly elected governing body of the
Town of Queensbury, and
WHEREAS, Main Street is a narrow public highway in the Town, and
WHEREAS, the County of Warren (County) has undertaken a project to widen the bounds
of Main Street and improve the esthetics and safety of this main corridor within the Town, and
WHEREAS, a number of utility facilities are located above-ground along the bounds of
Main Street which create an unsafe and esthetically unpleasing environment, and
WHEREAS, the Town wishes to alleviate the visual confusion and visual impacts and
improve the safety of the public along Main Street relating to above-ground utilities, and
WHEREAS, certain utility work is expected to be completed as part of the County’s Main
Street Project, and
WHEREAS, utilities are required to be relocated underground along Main Street in
conjunction with the County’s Main Street Project, and
WHEREAS, in accordance with New York State Town Law, the Town may condemn
privately owned property within the limits of the Town for a public purpose pursuant to the powers
of eminent domain, and
WHEREAS, the Town was granted, or obtained through the procedures of the New York
State Eminent Domain Procedure Law, easements on a number of properties adjacent to Main Street
for the placement of utilities, including municipal sewer, municipal water, and public utilities
underground and/or above-ground, and
WHEREAS, the Town has required National Grid, Verizon New York Inc., and Time
Warner Cable, to place utility infrastructure underground within the Town’s easement area and
under certain Town roads that intersect with Main Street, and
WHEREAS, the Town Board has the authority to assign and grant such easements in
accordance with New York State Town Law §64(2).
NOW, THEREFORE, BE IT
RESOLVED, the Queensbury Town Board hereby authorizes such non-exclusive
assignment and grant of easements, specifically authorizing the execution of the Assignment of
Easement Rights and Grant of Easement Rights in substantially the form approved by Town
Counsel in connection with the Main Street Utilities Relocation Project, to National Grid,
Verizon New York Inc., and Time Warner Cable so that such companies shall place their
respective utility infrastructure underground within the easement area; and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and Town Counsel to take any actions necessary to effectuate this Resolution; and
BE IT FURTHER
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with
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the provisions of Town Law Article 7 and the Town Board hereby authorizes and directs the Town
Clerk to publish and post such notices and take such other actions as may be required by law.
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Duly adopted this 11 day of January, 2010, by the following vote:
AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: None
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