Board of Supervisors - Resolutions

Supervisors FAGAN and ARGOTSINGER offered the following Resolution and moved its adoption:

 

RESOLUTION AUTHORIZING A QUIT CLAIM DEED FOR PROPERTY LOCATED AT 392 CAPE HORN ROAD, TOWN OF JOHNSTOWN

 

WHEREAS, in 1935, the NYS Department of Transportation (NYSDOT) acquired right-of-way for the purpose of constructing NYS Route 10A, subsequently abandoning Old State Highway 542 (now Cape Horn Road) and to realign a portion of nearby Caroga Creek; and

WHEREAS, said realignment was never completed and NYS DOT maintained maintenance jurisdiction for the property; and

WHEREAS, in 1974, James & Ann Underwood purportedly purchased the property and made several improvements, including a home upon it; and

WHEREAS, the estate of James Underwood and Ann Underwood have requested that the property be transferred to it; and

WHEREAS, the New York State Department of Transportation currently holds and retains maintenance jurisdiction over said parcel of property and requires a Resolution from Fulton County agreeing to facilitate transfer prior to relinquishing its Maintenance Jurisdiction over said property; and

WHEREAS, the Superintendent of Highways and Facilities is recommending that Fulton County authorize this transfer since the property is considered surplus and not useable for State or County purposes; now, therefore be it

RESOLVED, That the County Attorney is hereby authorized to prepare a Quit Claim Deed and/or other documents he deems necessary to relinquish any interest of the County in said property; and, be it further

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, County Attorney, Superintendent of Highways and Facilities, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

 

 

 

 

 

Seconded by Supervisor BREH and adopted by the following vote:

TOTAL: Ayes: 18 Nays: 0 Absent: 2 (Supervisors Goderie and Potter)