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625.2006 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on December 18th, 2006 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following was adopted and is subject to permissive referendum: RESOLUTION AUTHORIZING SWAP OF REAL PROPERTY BETWEEN TOWN OF QUEENSBURY AND QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION AND CORRECTING DESCRIPTION OF PROPERTY TO PROVIDE FOR LESS BEING SWAPPED RESOLUTION NO.: 625, 2006 INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, by Resolution No.: 451,2006, the Queensbury Town Board authorized a swap of real property between the Town of Queensbury (“Town”) and the Queensbury Economic Development Corporation (“QEDC”), and WHEREAS, such Resolution was adopted subject to certain contingencies, and WHEREAS, such Resolution was based on representations that the portion of the property to be retained by the Town would be sufficient to construct a park and drive with at least forty (40) spaces and which would meet New York State Department of Transportation (“DOT”) requirements under the Town’s Main Street Project Grant, and WHEREAS, when the Town’s engineer reviewed the proposed map, it discovered that the Town needed to retain additional property to meet DOT standards, and WHEREAS, VanDusen & Steves, License Land Surveyors, prepared a revised map and revised metes and bounds descriptions which described the parcel the Town intends to retain and the parcel the Town intends to swap with QEDC, copies of which have been provided to the Town, and WHEREAS, 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 2 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 not yet 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 such items remain as contingencies which must be satisfied prior to any transfer hereunder, 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 revised portion of its property located adjacent to the new West Glens Falls Emergency Medical Squad (Squad) comprising approximately 1.38 acres as shown on a map for West Glens Falls E.M.S. dated July 11, 2005 and last revised November 16, 2006 provided by VanDusen & Steves and reviewed by Barton & Loguidice 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; 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 3 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, Budget Officer, Accountant 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 4 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 18 day of December, 2006, by the following vote: AYES: Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT: None DATED: December 29, 2006 I, Rose Mellon, Deputy Town Clerk II of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original as listed above adopted at a Regular meeting of the Town Board of the Town of Queensbury held on the 18th day of December, 2006 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, this 16th day of January 2007. SEAL SIGNED:______________________________________ Rose Mellon Deputy Town Clerk II Town of Queensbury 5