451.2006
RESOLUTION AUTHORIZING SWAP OF REAL PROPERTY BETWEEN
TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC
DEVELOPMENT CORPORATION
RESOLUTION NO.: 451, 2006
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Economic Development Corporation (QEDC) purchased certain
real property located on Luzerne Road for economic development purposes and for the creation of a
Town Road (Connector Road), and
WHEREAS, by Resolution No.: 412,2005, the Queensbury Town Board authorized the
acceptance by the Town from QEDC of 3.3 acres of real property located on Luzerne Road adjacent
to the proposed Connector Road, and
WHEREAS, the Town Board accepted such property with the intention of using a portion for
a Park and Ride Facility and a portion to be transferred to the West Glens Falls Emergency Medical
Squad, Inc. (Squad) in partial exchange for such Squad’s real property on Main Street which was
needed for the Connector Road, and
WHEREAS, the Town Board feels that the Park and Ride Facility, Connector Road, economic
development and EMS facility are important matters for the Town, and
WHEREAS, the Town Board duly transferred 1.34 acres to the Squad and agreed upon terms
of a License/Lease Agreement where the Squad could use the parking area of the Park and Ride
Facility as parking for their meetings and operation, and
WHEREAS, QEDC has informed the Town Board that it has a potential purchaser of its
property that will develop it providing many quality jobs and business for the area, but QEDC requests
that it receive back a portion of the property it transferred to the Town in exchange for such economic
development, an additional .49 acre parcel of property on the Connector Road across from the WGF
EMS parcel and the written agreement (as a non-exclusive, easement, covenant and restriction in the
Town’s deed) of the developer and owner of the parcel to install and maintain stormwater drainage
facilities sufficient to meet the Stormwater drainage requirements for the Town’s Park and Ride
facilities, and
WHEREAS, such transfer will result in a smaller Park and Ride Facility with less parking
spaces which still will meet the requirements of the Town’s grant from the New York State
Department of Transportation but will result in a significantly different design and a different location
for the entrance, requiring an easement, and
WHEREAS, the Town of Queensbury has received written agreement from the Squad
amending the License/Lease Agreement to envision and accept the lesser number of Park and Ride
spaces which is now being considered and granting a written recordable easement for access to the
Park and Ride Facility, and
WHEREAS, the Town Board has received metes and bounds descriptions for the transfer from
and transfer to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and approves the transfer of
a portion of its property located adjacent to the new West Glens Falls Emergency Medical Squad
(Squad) comprising approximately 1.43 acres back to the Queensbury Economic Development
Corporation (QEDC) to be used for economic development purposes in exchange for:
1.A .49 acre parcel of property located across from the Connector Road on Luzerne
Road;
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2.A non-exclusive stormwater easement, covenant and restriction in form acceptable to
the Town Supervisor and Town Counsel which will provide Stormwater drainage facilities that will:
A.be built and maintained by the owner of such property at its expense; and
B.be sufficient to meet all the stormwater drainage requirements for the Town’s
Park and Ride Facilities to be constructed on the Town’s retained property;
3.A non-exclusive 5’ green space easement located on the transferred property along the
edge of the retained property where the Town shall have the right to install such lights as it may deem
appropriate for the Park and Ride Facility;
4.QEDC’s agreement that if the transferred property is not combined with the QEDC’s
remaining Connector Road property and transferred to BBL for the specific economic development
project describe to the Town Board, within 180 days of the date of this Resolution, the QEDC will
transfer such property back to the Town;
and
BE IT FURTHER,
RESOLVED, that this Resolution is contingent upon QEDC providing the Town with the
written agreement of the Squad that it approves the change in the Park and Ride Facility which will
result in less parking spaces but still at least 40 parking spaces and an easement from the Squad in form
acceptable to Town Counsel for access to the Park and Ride Facility, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
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Budget Officer and/or Town Counsel to take such other and further action as may be necessary to
effectuate the terms of this Resolution including the purchase of title insurance and execute any and all
documents necessary to complete this transaction, including, without limitation, any agreement in form
acceptable to the Town Supervisor and Town Counsel and the Deed, Real Property Transfer Report
,
and Capital Gains Affidavit authorized above and
BE IT FURTHER,
RESOLVED, that this Resolution is subject to a permissive referendum in accordance with 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.
th
Duly adopted this 25 day of September, 2006, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES : None
ABSENT: None
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