205.95
RESOLUTION APPROVING AGREEMENT BETWEEN TOWN OF QUEENSBURY
HUDSON POINTE, INC., AND THE OPEN SPACE INSTITUTE
CONCERNING CONSERVATION AREAS IN HUDSON POINTE PUD
RESOLUTION NO. 205, 95
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Theodore Turner
WHEREAS, the Town Board of the Town of Queensbury previously
enacted certain legislation which authorized the Hudson Pointe
Planned Unit Development, and
WHEREAS, prior to the time the Hudson Pointe Planned Unit
Development legislation was enacted, the Town Board authorized and
approved an agreement between the Town of Queensbury and Niagara
Mohawk Power Corporation, which agreement provided for purposes of
conservation, conveyance of certain land comprised of the river
shoreline, the wetlands, the Pointe, the bluffs, and the buffer
from the top of the bluff inland, together with five (5)
archaeological sites to a third party, said third party to be
approved by the Town Board, and
WHEREAS, the Town Board of the Town of Queensbury is desirous
of approving the transfer of the aforedescribed property to Open
Space Institute by way of a deed presented at this meeting, so long
as the Town Board of the Town of Queensbury has assurances that the
said approval and conveyances will result in the aforedescribed
areas being preserved and maintained in accordance with the
understandings that have been reached by all parties, and
WHEREAS, to assure preservation and maintenance of the
aforedescribed areas in accordance with the understandings reached
by all parties, an agreement concerning said preservation and
management has been presented at this meeting, with certain
revisions consisting of modifications to pages 4, 5, and 6 as
indicated on three marked-up pages and one memo presented at this
meeting, and
WHEREAS, to assure access to the aforesaid land conservation
area, Hudson Pointe, Inc., has agreed to provide a temporary
easement, with certain obligations to be agreed to by the Grantee
contained therein, a draft of said easement having been presented
at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Supervisor is hereby authorized,
directed, and ordered, to execute the temporary easement described
in the preambles of this resolution and affix the seal of the Town
of Queensbury on the same on behalf of the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves the Management Plan as amended with approval also given to
retype the Management Plan to reflect the approved revisions
thereto, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves the agreement presented at this meeting and being between
Hudson Pointe, Inc., the Open Space Institute, and the Town of
Queensbury concerning the preservation and maintenance of the
conservation areas of the Hudson Pointe Planned Unit Development,
previously described above and more specifically described in the
aforesaid agreement, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor be and is hereby authorized
and directed to execute the aforementioned agreement and affix the
seal of the Town of Queensbury thereon, if necessary, on behalf of
the Town of Queensbury and take such other and further steps as may
be necessary to carry out the terms and provisions thereof,
provided that the Town first receives the fully-executed temporary
easement described in the preambles of this resolution.
Duly adopted this 27th day of March, 1995, by the following
vote:
AYES : Mrs. Monahan, Mr. Turner, Mrs. Pulver, Mr. Caimano
NOES : None
ABSENT: Mr. Champagne