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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