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443,2013Roundaboutland RESOLUTION AUTHORIZING FAIR MARKET VALUE OFFERS TO CERTAIN AFFECTED PROPERTY OWNERS - AVIATION ROAD/DIXON ROAD/FARR LANE INTERSECTION IMPROVEMENTS PROJECT RESOLUTION NO.: 443, 2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 232,2012, the Town Board authorized and approved the Aviation Road/Dixon Road/Farr Lane Intersection Improvements, Town of Queensbury, Warren County, P.I.N. 1759.06 (the Project) and authorized and directed that the sum of $273,702 be made available to cover the cost of participation in the Project to be appropriated from the established Capital Project Fund known as the "Aviation Road/Dixon/Farr Lane Intersection Improvements Project Grant Fund #192," which Fund established funding for expenses associated with the grant funds and established initial appropriations and estimated revenues for Capital Project Fund #192 funded from grant funds received by the Town and from the Town's Capital Reserve Fund#64, and WHEREAS, by Resolution No.: 401,2013, the Town Board further authorized and directed the additional sum of$124,293 be appropriated and made available to cover the cost of participation in the ROW acquisition phase of the Project, and WHEREAS, the Town wishes to advance the Project by acquiring needed rights-of-way in keeping with provisions of the New York State Highway Law and applicable Federal Statutes, and WHEREAS, the extent of rights-of-way required has been determined based on the design of the reconstructed intersection, and WHEREAS, the appraised value of the takings has been established by a New York State Certified General Appraiser in conformity with the New York State Eminent Domain Procedure Law and policies, regulations, and procedures applicable to the appraisal of right-of-way and easements acquired for highway purposes, and WHEREAS, the funding for such right-of-way and easement acquisition is included in the approved Capital Budget for this Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Supervisor, or agents that he designates, to offer the affected property owners related to the Aviation Road/Dixon Road/Farr Lane Intersection Improvements Project, the fair market value of the parcels and make payment therefore, and BE IT FURTHER, RESOLVED, that such offers and payments shall not exceed the sum of $124,293 authorized by Resolution No.: 401,2013, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the appropriate agreements, deeds and forms to take possession of such right-of-way and easements, subject to approval as to form by Town Counsel, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget Officer, Town Counsel and/or Senior Planner to take all actions necessary to 2 effectuate all terms of this Resolution. Duly adopted this 4th day of November, 2013, by the following vote: AYES Mr. Brewer, Mr. Montesi, Mr. Metivier, Mr. Clements, Mr. Strough NOES None AB SENT : None 3