189.2003
RESOLUTION APPROVING PROPERTY PURCHASE, AUTHORIZING
REAL ESTATE CONTRACT BETWEEN TOWN RECREATION
COMMISSION AND KLAK QUEENSBURY LLC AND AUTHORIZING USE
OF FUNDS FROM CAPITAL RESERVE FUND – RECREATION
ASSESSMENT RESERVE FUND NO. 61
RESOLUTION NO.: 189, 2003
INTRODUCED BY: Mr. Theodore Turner
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Recreation Commission desires that the Town of Queensbury
purchase certain property to be used to support and foster recreational opportunities in the Town for
the public, and
WHEREAS, the Queensbury Town Board previously established a Capital Reserve Fund
known as the Recreation Assessment Reserve Fund No. 61 (Fund No. 61) for future recreational
developments, and
WHEREAS, the Town Board wishes to withdraw and expend funds from Fund No. 61 to pay
for the Town Recreation Commission’s purchase of a vacant 54.68 acre parcel of land from Klak
Queensbury LLC located at 306 Meadowbrook Road (tax map no.: 297.05-1-1.1) for a total cost not
to exceed $60,000, and
WHEREAS, in accordance with New York State General Municipal Law §6(c), the Town
Board is authorized to withdraw and expend funds from Fund #61 subject to permissive referendum,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the purchase of
property referenced in this Resolution by the Town Recreation Commission from Klak Queensbury
LLC is a capital improvement meeting the requirements for which the Town’s Recreation Assessment
Reserve Fund No. 61 was established and therefore the Town Board hereby approves of the
Recreation Commission’s purchase of property for an amount not to exceed $60,000 plus costs of
closing not to exceed $3,000, such action being subject to permissive referendum in accordance with
the provisions of Town Law Article 7, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and authorizes the Real Estate Contract
between Klak Queensbury LLC and the Recreation Commission presented at this meeting and the
purchase of fee title insurance from Chicago Title Insurance Company, and
BE IT FURTHER,
RESOLVED, that upon expiration of the permissive referendum period, the Town Board
authorizes the use of funds from Capital Reserve Fund No. 61 and directs the transfer of $63,000 from
Fund No. 61 Account No.: 061-9901-9001 to General Fund Account No: 001-0001-5031 to pay for
the purchase of the property and all related closing costs, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to publish
and post Notice that this Resolution is subject to permissive referendum in accordance with the
provisions of Town Law Article 7 and take any other actions required by law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
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execute any and all documents necessary to complete the purchase of the property including, without
limitation, the Real Estate Contract substantially in the form presented at this meeting, any Real
Property Transfer Reports and Capital Gains Affidavits, upon expiration of the permissive referendum
period, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Comptroller, Director of Parks and Recreation and/or Town Counsel to take any actions necessary to
effectuate the terms of this Resolution, and
BE IT FURTHER
RESOLVED, that this resolution is contingent upon receipt of the signed contract by April 21,
2003.
th
Duly adopted this 7 day of April, 2003 by the following vote:
AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner
NOES : None
ABSENT: None
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