293.2018 Contract from Glen Bruening to Town RESOLUTION AUTHORIZING ASSIGNMENT OF REAL ESTATE
CONTRACT FROM GLEN BRUENING TO TOWN OF QUEENSBURY
RESOLUTION NO.: 293,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 178,2007, the Queensbury Town Board authorized
establishment of a Capital Project Fund known as the Rush Pond Bicycle/Pedestrian Path Capital
Project Fund 4166 which established funding for expenses associated with the Multi-Use Rush Pond
Bicycle/Pedestrian Path, and
WHEREAS, by Resolution No.: 278,2018, the Town Board authorized the Town Supervisor
to execute a grant award letter from the Open Space Institute Land Trust, Inc. (OSI) and a Grant
Agreement between the Town of Queensbury and OSI regarding the Town's purchase of 77.5 acres of
unimproved land located in the Town owned by the Martha Frieberger Trust with rights appurtenant to
the Rush Pond Park, and
WHEREAS, in accordance with a Real Estate Contract dated September 5, 2017
(Contract) between Glen Bruening and the Martha Freiberger Trust, Mr. Bruening agreed to
purchase from the Freiberger Trust, all of the Freiberger Trust's right, title and interest in and to
certain real property located at 0 West Mountain Road in the Town of Queensbury and it may be
assigned to the Town of Queensbury without any further consent of the Freiberger Trust; and
WHEREAS, Mr. Bruening wishes to assign to the Town of Queensbury all of his rights
and obligations to the property under the Contract, and
WHEREAS, a proposed Assignment of Real Estate Contract From Glen Bruening to the
Town of Queensbury is presented at this meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of and authorizes the
Assignment of Real Estate Contract From Glen Bruening to the Town of Queensbury regarding
certain real property located at 0 West Mountain Road in the Town of Queensbury as delineated in
the preambles of this Resolution in substantially the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Assignment and take all actions the Town Supervisor deems necessary or appropriate to
complete the purchase of such real property, including signing all closing documents and real property
forms, and to purchase title insurance insuring the Town's interest, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Budget Officer and/or Town Counsel to take such other and further actions as may be necessary to
effectuate the terms of this Resolution.
Duly adopted this 6ffi day of August, 2018 by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
NOES: None
ABSENT: None