313.99
RESOLUTION AUTHORIZING ACCEPTANCE OF HUDSON POINTE
NATURE PRESERVE FROM OPEN SPACE INSTITUTE
RESOLUTION NO.: 313.99
INTRODUCED BY: Mr. Douglas Irish
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Richard Merrill
WHEREAS, by Town Board Resolution No.: 205.95, the Town Board of the Town of
Queensbury authorized the Hudson Pointe P.U.D. Conservation Area Agreement between the Town,
Hudson Pointe, Inc., and the Open Space Institute 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
WHEREAS, in accordance with the Agreement, OSI purchased the 83.5 acre area and
developed a nature preserve with trails on the property, and
WHEREAS, as part of the Agreement, OSI was to develop the property and then after a three
year period, relinquish control of the property to another party, and if OSI could not find such party,
the Town of Queensbury would take title to the property, and
WHEREAS, OSI has advised that it has not found a third party to take title to the property and
therefore OSI is prepared to convey title to the Preserve to the Town of Queensbury subject to a
Conservation Easement which would restrict the property to outdoor recreational uses, and
WHEREAS, the Town Recreation Commission has evaluated the Preserve and feels that it will
be an outstanding addition to the Town’s park system, and
WHEREAS, the Town Board understands that by accepting the Preserve, the Town
Department of Parks and Recreation will be responsible for the maintenance and up-keep of the
Preserve, and
WHEREAS, the Town Board agrees that the Preserve will benefit Town residents and
therefore the Board wishes to authorize the transfer of the Preserve from OSI to the Town of
Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby approves and accepts the transfer of the 83.5 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 authorizes and directs the Town Supervisor to
execute any and all documents necessary to complete this transaction, including, without limitation, any
agreement 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 20 day of September, 1999, by the following vote:
AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES : None
ABSENT:Mr. Turner