532.2000
RESOLUTION AUTHORIZING ACCEPTANCE OF HUDSON POINTE
NATURE PRESERVE FROM OPEN SPACE INSTITUTE AND
AUTHORIZING TOWN SUPERVISOR TO EXECUTE CONSERVATION
EASEMENT AND ANCILLARY AGREEMENT
RESOLUTION NO.: 532, 2000
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, by Town Board Resolution No.: 205.95, the Queensbury Town Board
authorized the Hudson Pointe P.U.D. Conservation Area Agreement between the Town, Hudson
Pointe, Inc., and the Open Space Institute, Inc., concerning the preservation and maintenance of a
conservation area known as the Hudson Pointe Nature Preserve (Preserve) located within the Hudson
Pointe development by the Open Space Institute (OSI) and in accordance with the Agreement, OSI
acquired the area and developed a nature preserve with trails on the property, and
WHEREAS, as part of the Agreement, OSI was to develop the property as a passive
recreation site and then after a three year period, transfer ownership of the property to another party,
and if OSI could not find a third party, the Town of Queensbury would take title to the property, and
WHEREAS, in accordance with the Agreement, OSI has invested more than $20,000 in the
Preserve to create a parking lot, visitor information kiosk, wetland boardwalk, signboard and trails, and
WHEREAS, OSI advised that it did not find a third party to take title to the property and
therefore OSI advised the Town that it was prepared to convey title to the Preserve to the Town of
Queensbury subject to a Conservation Easement restricting the property to outdoor recreational uses,
and
WHEREAS, the Town Recreation Commission evaluated the Preserve and advised the Town
Board that it felt that the Preserve would be an outstanding addition to the Town’s park system, and
WHEREAS, the Town Board understood that by accepting the Preserve, the Town
Department of Parks and Recreation would be responsible for the maintenance and up-keep of the
Preserve and the Town Board also agreed that the Preserve would benefit Town residents and
therefore, by Resolution No. 313.99, the Town Board authorized the transfer of the Preserve from OSI
to the Town of Queensbury, and
WHEREAS, at that time the Town Board also directed the Recreation Commission, in
conjunction with Town Counsel, to review a draft Conservation Easement describing the guidelines for
the public’s usage of the Preserve, to ensure compatibility with other previously adopted agreements
between the Town and Hudson Pointe, and
WHEREAS, the Recreation Commission has now advised the Town Board that the revised
Conservation Easement and ancillary Agreement between the Town, OSI and Hudson Pointe Inc.,
presented at this meeting are consistent with the previously adopted 1995 Hudson Pointe Management
Plan and therefore recommends that the Town Board formally accept the Preserve and authorize the
Town Supervisor to execute the Conservation Easement and Agreement, and
WHEREAS, the Conservation Easement and Agreement are in form approved by Town
Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves and accepts the transfer of the 82.99 acre
parcel known as the Hudson Pointe Nature Preserve located within the Hudson Pointe development
(Tax Map No.: 148-1-2.3) from the Open Space Institute to the Town of Queensbury in accordance
with the Hudson Pointe P.U.D. Conservation Area Agreement authorized by Town Board Resolution
No.: 205,95, and
BE IT FURTHER,
RESOLVED, that the Town Board further approves of the Conservation Easement and
Agreement between the Town of Queensbury, Open Space Institute, Inc., and Hudson Pointe, Inc.,
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the purchase of title insurance for such
parcel and directs Town Counsel to provide such title insurance to protect the Town’s interest, with
such cost to be set at the minimum title insurance fee allowed under New York State’s insurance
regulations, plus the cost of the title search update provided by Bay Street Abstract, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Conservation Easement, Agreement and any and all documents necessary to complete this
transaction, including, without limitation, any further agreements in form acceptable to Town Counsel,
Deed, Real Property Transfer Report and Capital Gains Affidavit and take such other and further
action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 28 day of December, 2000, by the following vote:
AYES : Mr. Turner, Mr. Brewer, Mr. Stec, Mr. Martin, Mr. Brower
NOES : None
ABSENT:None