141.2009
RESOLUTION AUTHORIZING ACCEPTANCE OF LAND LOCATED ON
LUZERNE ROAD IN THE TOWN OF QUEENSBURY
FROM DKC HOLDING, INC.
RESOLUTION NO.: 141, 2009
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
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WHEREAS, by letter dated November 12, 2008, DKC Holding, Inc., (DKC) offered to
donate to the Town of Queensbury an approximately .50 acre parcel of land located immediately east
308.7-1-3.31
of and adjacent to Tax Map No.: in order to expand the habitat of the Karner Blue
Butterfly and Frosted Elfin Butterfly in that area in an effort to offset any loss of habitat that may result
in the Geneva Drive Subdivision approved by the Town of Queensbury Planning Board on October
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21, 2008, and
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WHEREAS, by further letter to the Town dated March 26, 2009, DKC advised that the
Town’s Zoning Administrator/Code Compliance Officer indicated his preference and recommendation
that the expansion of the habitat area occur in a location contiguous to the existing habitat area owned
by the Town and in order to comply with such recommendation, DKC met with the New York State
Department of Environmental Conservation (DEC) and as a result, DKC now proposes a project to
enhance the existing habitat on Town property and offer dedication of an additional .50 acre of land for
a total parcel to be dedicated of 1.0 acre to be located immediately east of and adjacent to Tax Map
308.7-1-3.31
No.: , and
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WHEREAS, by further letter dated March 30, 2009, DKC confirmed that it will perform
and/or pay for each of the items specified to DKC by DEC on the existing Town-owned Karner Blue
habitat property, as set forth in a letter to DKC by Kathy O’Brien, Biologist I of DEC dated March
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23, 2009 and presented at this meeting, and
WHEREAS, the Town Board has evaluated the proposal and feels that acquisition of the
parcel will benefit Town residents and therefore the Board wishes to authorize its acceptance,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and accepts the transfer of a
308.7-1-3.31
1 acre parcel of land located immediately east of and adjacent to Tax Map No.: to the
Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that DKC shall perform and/or pay for each of the items specified to DKC by
DEC on the existing Town-owned Karner Blue habitat property as set forth in a letter to DKC by
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Kathy O’Brien Biologist I of DEC dated March 23, 2009 and presented at this meeting, and
BE IT FURTHER,
RESOLVED, that counsel for DKC shall provide the Town with proposed deeds, real estates
forms and title insurance binder in form acceptable to Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any
and all documents necessary to complete this transaction including any required real property transfer
forms in form acceptable to Town Counsel, and
BE IT FURTHER,
RESOLVED, that the cost of any recording fees shall be paid for from account(s) to be
designated by the Town Budget Officer, and
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BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Board, Zoning
Administrator/Code Compliance Officer, Town Budget Officer and/or Town Counsel to take such
other and further action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 20 day of April, 2009, by the following vote:
AYES: Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: None
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