315.2004
RESOLUTION AUTHORIZING PAYMENT FOR VALUE OF EASEMENT
RIGHTS AND SETTLEMENT OF EMINENT DOMAIN PROCEEDING
CONCERNING EXXONMOBIL PROPERTY –
ROUTE 9 SEWER DISTRICT
RESOLUTION NO.: 315. 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Town Board Resolution No.: 113,2003 the Town Board adopted its Final
Order approving creation of the Route 9 Sewer District, and
WHEREAS, the engineer working with the Town determined the technical requirements of the
Project and indicated that a line is needed to run across the property of the ExxonMobil Station on
Route 9 identified as Tax Map No.: 288.16-1-3, and
WHEREAS, the Town attempted to negotiate with the property owner for an easement
necessary for the Project but was unable to obtain a consent easement, and
WHEREAS, by Resolution No.: 187, 2004 the Town Board determined it necessary to
exercise its rights to acquire the easement by eminent domain in order to serve a public purpose and
therefore authorized commenced of an Eminent Domain Proceeding under the Eminent Domain
Procedure Law §201 et seq., and
WHEREAS, the Town is required to compensate ExxonMobil for the property rights
obtained, and
WHEREAS, as authorized by Resolution No.: 172.2004, the Town Board obtained from
Empire State Appraisal Consultants an appraisal of the value of the easement across the property
which sets the fair market value of the taking at $4,700 as more specifically set forth in the Real
Estate Appraisal Report prepared by Empire State Appraisal Consultants, Inc. dated as of April
th
7, 2004, and
WHEREAS, Town Counsel has advised that upon further negotiation with ExxonMobil,
ExxonMobil is now willing to grant a revised Easement to the Town in exchange for payment
from the Town in the amount of $4,700 for such easement rights as final resolution of this matter,
and
WHEREAS, the Town Board wishes to authorize the revised Easement and payment to
ExxonMobil for such property’s easement rights in exchange for a final receipt and release and/or
stipulation of settlement from ExxonMobil,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the revised
Easement between the Town of Queensbury and ExxonMobil substantially in the form presented at this
meeting and payment for the easement rights to ExxonMobil in the amount of $4,700 as specifically
described in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that payment to ExxonMobil in an amount not to exceed $4,700 shall be paid
for from Account No.: 136-8150-4132, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor to sign a
stipulation of settlement and any other necessary documentation needed to conclude the Eminent
Domain proceeding in this matter, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign
the Easement Agreement in the form acceptable to the Town Supervisor and Town Counsel, 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.
st
Duly adopted this 21 day of June, 2004, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None