206.95
RESOLUTION APPROVING OPEN SPACE INSTITUTE AS THIRD PARTY
AND APPROVING DEED IN CONNECTION WITH THE
HUDSON POINTE PLANNED UNIT DEVELOPMENT
RESOLUTION NO. 206, 95
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
WHEREAS, the Town Board of the Town of Queensbury, by previous
resolution, approved and authorized execution of an agreement known
as the "Hudson Pointe Planned Unit Development Agreement," and
thereafter enacted certain legislation which authorized the Hudson
Pointe Planned Unit Development, and
WHEREAS, in accordance with the aforesaid agreement and
legislation, the developer proposes for the purpose of
conservation, conveyance of an area of the Hudson Pointe Planned
Unit Development 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 the Open
Space Institute, and
WHEREAS, in accordance with the aforesaid agreement, the Town
Board must first approve the deed proposed to effectuate the
conveyance and the party to whom the property is to be conveyed,
and
WHEREAS, the proposed deed from Hudson Pointe, Inc., to the
Open Space Institute has been presented at this meeting, together
with a Management Plan developed by the Saratoga Associates and
dated December, 1994, and
WHEREAS, the Town Attorney has advised that the Town has
received a copy of the certificate and report of title for title
from Hometown Title Company and that he finds, upon review of the
same, that the same indicates marketable title and that any issues
concerning mortgages and other like liens or encumbrances have been
cleared, except that he also notes that there are a number of
easements and restrictions in title, which are not expected to be
cleared,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves Open Space Institute as the third party to whom the
developer shall dedicate the lands described hereinabove and in the
deed, for purposes of conservation, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
approves the deed and the language contained therein and notes that
the deed makes specific reference to the management plan developed
by Open Space Institute, which is likewise approved by the Town
Board of the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the approvals set forth herein shall be
conditioned upon the acceptance of the deed by the Open Space
Institute and the recording of the same in the Warren County
Clerk's Office, and all other such actions that may be necessary to
fully effectuate a transfer of title from the developer to the Open
Space Institute, and the issuance of a Title Policy insuring the
title as marketable and free and clear of mortgages and like liens
and encumbrances.
Duly adopted this 27th day of March, 1995, by the following
vote:
AYES : Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Caimano
NOES : None
ABSENT: Mr. Champagne