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158.2003 RESOLUTION AUTHORIZING SETTLEMENT OF PENDING ARTICLE 7 REAL PROPERTY ASSESSMENT CASES COMMENCED BY MARY AND WILLIAM CAREY, JOHN CAREY, CAREY REAL ESTATE DEVELOPMENT GROUP AND NORTHERN DISTRIBUTING COMPANY, INC. RESOLUTION NO.: 158, 2003 INTRODUCED BY: Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, Mary and William Carey, John Carey, Carey Real Estate Development Group and Northern Distributing Company, Inc. (Petitioners) previously commenced Article 7 Real Property Tax Assessment Review cases against the Town of Queensbury concerning the Northern Distributing property and adjacent parcels (tax map parcel nos.: 93-4-5; 136-1-4; 136- 1-6; 137-2-1.1; 137-2-1.2; 137-2-1.3) for the 1997, 1998, and 1999 tax years, and concerning only the Northern Distributing property (tax map parcel no. 137-2-1.3) for the 2000, 2001 and 2002 tax years, and WHEREAS, the Town Assessor has recommended a settlement proposal to the Town Board and the Town Board has reviewed the cases with Town Counsel, and WHEREAS, counsel for the Queensbury Union Free School District has advised that upon Town Board approval of the proposed settlement, counsel will also recommend School Board approval, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves the settlement of the pending Article 7 cases against the Town of Queensbury by Mary and William Carey, John Carey, Carey Real Estate Development Group and Northern Distributing Company, Inc. concerning the Northern Distributing property and certain adjacent parcels identified above (being tax map parcel nos.: 93-4-5; 136-1-4; 136-1-6; 137-2-1.1; 137-2-1.2; 137-2-1.3) for the 1997, 1998, and 1999 tax years, and concerning only the Northern Distributing property (tax map parcel no. 137- 2-1.3) for 2000, 2001 and 2002, in accordance with the following: 1.There shall be no reduction or change in the assessed value of the parcels identified by tax map parcel numbers 93-4-5; 136-1-4; 136-1-6; 137-2-1.1; or 137-2-1.2 for years 1997, 1998, or 1999 as Petitioners have agreed to discontinue all proceedings on those parcels without any change in the assessed value of those parcels and without claim for any refunds of tax payments made with respect to those parcels for those years; 2.The assessed values of the Northern Distributing parcel, identified as tax map parcel number 137-2-1.3, shall be revised for tax years 1997 through and including 2002 in accordance with the following schedule: Tax Year: Current Assessment Revised Assessment 1997/98 $2,049,400 $1,950,000 1998/99 $2,049,400 $1,950,000 1999/00 $2,049,400 $1,950,000 2000/01 $2,049,400 $1,950,000 2001/02 $2,049,400 $1,950,000 2002/03 $2,049,400 $1,950,000 and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs payment of any and all refunds without interest to Mary and William Carey, John Carey, Carey Real Estate Development Group and Northern Distributing Company, Inc. within forty-five (45) days from the date that a Demand for Refunds is served upon the Town of Queensbury, and BE IT FURTHER, RESOLVED, that in accordance with applicable law, this settlement shall fix the assessment of the Northern Distributing parcel, identified as tax map parcel no. 137-2-1.3, at $1,950,000 through the 2005/06 tax year unless Petitioners make a change to the property or the Town completes a revaluation before that time, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Assessor and/or Town Counsel to execute settlement documents and take any additional steps necessary to effectuate the proposed settlement in accordance with the terms of this Resolution. th Duly adopted this 10 day of March, 2003, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES : None ABSENT: None