156.2016 Settlement Propery Assessment Cases Lukoil & Golub Properties RESOLUTION AUTHORIZING SETTLEMENT OF
PROPERTY ASSESSMENT CASES
FILED BY LUKOIL NORTH AMERICA, LLC
AND GOLUB PROPERTIES, INC.
RESOLUTION NO.: 156,2016
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, Lukoil North America, LLC and Golub Properties, Inc. (collectively
"Petitioner"), filed Article 7 Real Property Assessment Review cases against the Town in 2012,
2013 and 2014 challenging the 2012, 2013 and 2014 assessments on its property located at 538
Aviation Road, more specifically identified by its Tax Map Number: 302.5-1-94, and
WHEREAS, it appears to be in the best interests of the Town to avoid the significant costs
that would result if the litigation continues and goes to trial, and
WHEREAS, the Town Assessor recommends proposed settlement terms which have been
negotiated with Petitioner, and
WHEREAS, it is anticipated that the Queensbury Union Free School District will accept the
proposed settlement terms,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the proposed settlement of
the assessment cases filed by Lukoil North America, LLC and Golub Properties, Inc. for 2012,
2013 and 2014 as follows:
1) The assessed value for the 2013 and 2014 assessment years shall be reduced to
$205,000;
2) Refunds shall be paid based upon the reductions to the 2013 and 2014 assessed
values;
3) The Proceedings challenging the 2012, 2013 and 2014 assessments shall be
discontinued; and
4) Section 727 of the Real Property Tax Law shall not apply; and
BE IT FURTHER
RESOLVED, that unless otherwise ordered by the Court, refunds based upon the
reductions of the 2013 and 2014 assessments shall be paid without interest provided they are
paid within sixty (60) days after Petitioner serves a copy of the filed Court Order approving the
settlement, with Notice of Entry, on the Town and on the Warren County Treasurer, together
with the necessary Demand for Payment, and
BE IT FURTHER,
RESOLVED, that approval of this Settlement Agreement is contingent upon Town
Counsel's review and approval of the Stipulation of Settlement and Order; and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Assessor, Town Clerk and/or Town Counsel to execute settlement documents and take any
additional steps necessary to effectuate the proposed settlement in accordance with the terms of this
Resolution.
Duly adopted this 18th day of April, 2016, by the following vote:
AYES Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements
NOES None
ABSENT: None