475.2004
RESOLUTION AUTHORIZING TRANSFER OF DELAWARE & HUDSON
RAILWAY EASEMENT AND LICENSE AGREEMENT FROM
QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION TO
TOWN OF QUEENSBURY
RESOLUTION NO.: 475, 2004
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, the Queensbury Economic Development Corporation (QEDC) obtained rights
and privileges under a License Agreement with Delaware and Hudson Railway Company (D&H) to
construct and maintain a 10” sewer line to serve the QEDC Technical Park, under and across the right-
of-way and track of property owned by D&H located 435’ northwesterly of the center line of Warren
Street, and
WHEREAS, QEDC has requested that the Town of Queensbury authorize a transfer of such
ownership of the sewer line from QEDC to the Town of Queensbury, and
WHEREAS, the Town’s Deputy Wastewater Director and the former Executive Director of
Community Development evaluated such proposal and have recommended that the Town authorize
such transfer, and
WHEREAS, the Town Board agrees that acquisition of such License Agreement and
Easement from QEDC is necessary for the Queensbury Technical Park Sewer District and therefore
the Board wishes to authorize its acceptance,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves, accepts and authorizes the transfer of
ownership of the sewer facilities from the Queensbury Economic Development Corporation referred to
in this Resolution under the same terms and conditions set forth in the original License Agreement
entered into between the Delaware and Hudson Railway Company and the Queensbury Economic
Development Corporation, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute an Agreement with Delaware & Hudson Railway consenting to the transfer, as well as any and
all documents necessary to complete this transaction and take such other and further action as may be
necessary to effectuate the terms of this Resolution.
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Duly adopted this 27 day of September, 2004, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: Mr. Turner