204.2014 Amended Resolution Conveyance of Property Robert Distefano AMENDED AND RESTATED RESOLUTION AUTHORIZING CONVEYANCE
OF TOWN REAL PROPERTY TO ROBERT DISTEFANO
RESOLUTION NO.: 204,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Doug Irish
WHEREAS, the Town of Queensbury owns an approximately .105 acre parcel of land (the
"Parcel") located along Veterans Road in the Town of Queensbury, adjacent to 80 Veterans Road,
Tax Map Parcel No.: 309.6-1-66 owned by Robert Distefano as shown on a copy of a map presented
at this meeting, and
WHEREAS, the Parcel is vacant and unimproved, and
WHEREAS, the Town Board received a request from Mr. Distefano to purchase the Parcel
as the Parcel is adjacent to his property, and
WHEREAS, the Town Highway Superintendent advised the Town Board that the Town
does not use such Parcel as part of Veterans Road and the Town has no need for such Parcel for
highway purposes, and
WHEREAS, based upon the opinion of the Town Assessor, the fair market value of the
Parcel is $6,000, and
WHEREAS, the Town Water Department has a water main located very near the Parcel and
the Town shall retain an Easement for Town utilities (water and sewer) over the Parcel, and
WHEREAS, by Resolution No.: 192,2014, the Town Board acted on Mr. Distefano's
request and approved the conveyance as authorized by New York State Town Law §64(2) subject to
permissive referendum in accordance with Town Law Article 7, and the purpose of this Resolution is
simply to clarify that such conveyance is contingent upon the Town retaining a 10' utility easement over
the Parcel for water and/or sewer purposes to be located along Harris Street and along Veterans
Road,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby determines that the Parcel described in the
preambles of this Resolution is not needed for Town purposes, and
BE IT FURTHER,
RESOLVED, that the sale price of $6,000 constitutes fair, adequate and reasonable
consideration for the Parcel, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes the sale and conveyance of the Parcel
to Robert Distefano for the sale price of$6,000 in accordance with Town Law §64(2), contingent
upon:
1. The Town being provided with a survey certified to the Town and a metes and
bounds description describing the Parcel satisfactory to the Town Supervisor and
Town Counsel; and
2. Mr. Distefano paying all costs associated with the transfer including, without
limitation, transfer taxes and recording fees and any title search or title insurance costs
and/or any survey costs; and
3. The Town retaining a 10' utility easement over the Parcel for water and/or sewer
purposes to be located along Harris Street and along Veterans Road;
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Counsel to execute and deliver instruments and documents necessary and take any
other actions they deem necessary or reasonable to effectuate the sale, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs that proceeds received from the
sale are to be deposited and accounted for in an account determined by the Town Budget Officer.
Duly adopted this 16t`day of June, 2014, by the following vote:
AYES Mr. VanNess, Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish
NOES None
ABSENT: None