254.2004
RESOLUTION AUTHORIZING PAYMENT FOR VALUE OF EASEMENT
RIGHTS CONCERNING PROPERTIES INVOLVED IN EMINENT DOMAIN
PROCEEDING RELATED TO SOUTH QUEENSBURY – QUEENSBURY
AVENUE SEWER DISTRICT
RESOLUTION NO.: 254. 2004
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, in accordance with Eminent Domain Procedure Law §201 et seq., the
Queensbury Town Board acquired certain property rights by Eminent Domain over properties
located along Apollo Drive to the south of Quaker Road, north and south of the Queensbury-
Whitehall Transmission Line Right-of-Way, including portions of properties identified as Tax Map
No’s. 303.14-1-33,303.10-1-10 and 303.15-1-17, related to creation of the South Queensbury –
Queensbury Avenue Sewer District, and
WHEREAS, by virtue of the Eminent Domain proceeding, the Town acquired easements
over the subject properties which allowed the Sewer District Project to move forward, and
WHEREAS, the Town is required to compensate the property owners for the property
rights obtained, and
WHEREAS, by Resolution 232,2003, the Town Board authorized Empire State Appraisal
Consultants to obtain appraisal values of the easements over the properties, and
WHEREAS, the Town Board received such appraisal values as follows:
Parcel 1 (Easement Over Land of Niagara Realty Statutory Trust) - $ 1,095
Parcel 2 (Easement Over Land of Niagara Realty Statutory Trust) - $ 1,635
Parcel 3 (Easement Over Land of Niagara Realty Statutory Trust
and/or City of Glens Falls IDA) - $16,870
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TOTAL VALUE: $19,600
as more specifically set forth in the Real Estate Appraisal Report prepared by Empire State
Appraisal Consultants, Inc. dated as of January 30, 2003 and presented at this meeting, and
WHEREAS, the Niagara Realty Statutory Trust and/or City of Glens Falls IDA will
accept payment for such easement rights as final resolution of this matter, and
WHEREAS, the Town Board wishes to authorize payment for such properties’ easement
rights in exchange for a final receipt and release from the Niagara Realty Statutory Trust and/or
City of Glens Falls IDA,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes payment for
easement rights for the properties referred to in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that payment to Niagara Realty Statutory Trust and/or City of Glens Falls IDA
in an amount not to exceed $19,600 shall be paid for from Capital Construction Account No.: 135-
8150-2899, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Budget Officer, Town
Counsel and/or Town Supervisor to take such other and further action as may be necessary to
effectuate the terms of this Resolution.
rd
Duly adopted this 3day of May, 2004, by the following vote:
AYES : Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: None