329.2007
RESOLUTION AUTHORIZING AND APPROVING TRANSFER OF REAL
PROPERTY TO QUEENSBURY ECONOMIC
DEVELOPMENT CORPORATION
RESOLUTION NO.: 329, 2007
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution 451 of 2006, the Queensbury Town Board resolved to
transfer a portion of its property located adjacent to the new West Glens Falls Emergency
Medical Squad comprising approximately 1.43 acres to the Queensbury Economic Development
Corporation (QEDC) to be used for economic development purposes in exchange for (1) a 0.49
acre parcel of property located across from the Connector Road on Luzerne Road; (2) a non-
exclusive stormwater easement; and (3) a non-exclusive 5’ green space easement, and
WHEREAS, the Town and the QEDC have discussed the proposed project on Luzerne
Road and have determined that it is in the best interests of the Town to transfer the 1.43 acre
parcel to the QEDC in exchange for (1) a non-exclusive stormwater easement and (2) a non-
exclusive 5’ green space easement, and
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WHEREAS, on July 16, 2007, the Town Board duly held a public hearing pursuant to
§1411 of the Not-for-Profit Corporation Law to discuss the proposed transfer to the QEDC,
NOW, THEREFORE, BE IT
RESOLVED, that, after due deliberation thereon, the Queensbury Town Board hereby
determines that the 1.43 acre portion of the property known as tax map parcel number 309.10-1-
83.1 is currently vacant and no longer required for use by the Town, and
BE IT FURTHER,
RESOLVED, that the Town Board further determines that the transfer of the
aforementioned property to the QEDC is in the public interest and will maintain and promote
economic development in the Town since it is the intention of the QEDC to transfer such
property to BBL Tribune, LLC and such entity intends on constructing a 66,000± square foot
office building on such parcel and the adjoining lot, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby declares that the maintenance and promotion
of economic development, an increase in employment opportunities and the potential increase in
tax revenue within the Town, and the receipt of a non-exclusive stormwater easement and a non-
exclusive 5’ green space easement, is adequate and fair consideration for the transfer of the real
property to the QEDC, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and approves the transfer of a
portion of its property known as tax map parcel number 309.10-1-83.1 and located adjacent to
the new West Glens Falls Emergency Squad comprising approximately 1.43 acres to the QEDC
to be used for economic development purposes in exchange for:
1. A non-exclusive stormwater easement, covenant and restriction in a form
acceptable to the Town Supervisor and Town Counsel over the property currently owned by the
QEDC and known as tax map parcel number 309.10-1-84.1, which will provide stormwater
drainage facilities that will:
A. be built and maintained by the Town, at its expense; and
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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; and
2. 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;
and
BE IT FURTHER,
RESOLVED, that such transfer to QEDC is contingent upon QEDC’s agreement that if
the transferred property is not combined with the QEDC’s remaining Connector Road property
and transferred to BBL Tribune, LLC for the specific economic development project described to
the Town Board within 180 days of this Resolution, the QEDC will transfer such property back
to the Town, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby grants a revocable license to BBL
Tribune, LLC to use the property that the Town owns, and that is known as tax map parcel
number 309.10-1-84.3, for the purpose of ingress and egress to property to be conveyed to and/or
owned by BBL Tribune, LLC. Said revocable license may be revoked by the Town Supervisor
without further Resolution of the Town Board, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
and/or Town Counsel to take such other and further action as may be necessary to effectuate the
terms of this Resolution including the execution of any and all documents necessary to complete
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this transaction, including, without limitation, any agreement in a form acceptable to the Town
Supervisor and Town Counsel and the deed, real property transfer report and capital gains
affidavit.
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Duly adopted this 16 day of July, 2007, by the following vote:
AYES: Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Sanford, Mr. Strough
NOES: None
ABSENT: None
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