3.02 3.2
=GAUMSettlement of AREC 10—U-Haul—3-24-14
RESOLUTION AUTHORIZING SETTLEMENT OF PENDING
EMINENT DOMAIN PROCEDURE LAW CLAIM FOR ADDITIONAL
COMPENSATION FILED BY AREC 10, LLC DB/A U-HAUL
RESOLUTION NO.: ,2014
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Town of Queensbury previously commenced Condemnation Actions to
acquire certain easements along the Main Street corridor to effectuate the undergrounding of utilities in
relation to the road widening and reconstruction project undertaken by Warren County, and
WHEREAS, AREC 10, LLC d/b/a U-Haul (AREC 10) is the owner of certain real property
located at 112 Main Street in the Town of Queensbury which was one of the properties across which
the Town obtained an easement, and
WHEREAS, in accordance with the Eminent Domain Procedure Law, the Town made a
principal payment to AREC 10 in the amount of$26,200, and
WHEREAS, AREC 10 filed Notices of Claim against the Town asserting that the Town
undervalued the acquisition and AREC 10 further claimed that the correct easement value is $50,000,
and
WHEREAS, the parties have exchanged appraisal reports, participated it numerous Court
conferences and discussed amicably resolving this dispute,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the settlement of the Claims
bearing Warren County Index Number 52284 in the amount of $6,000, which sum includes both
principal and interest, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs payment of this amount within thirty
(30) days from the date that all necessary settlement documents are signed by all parties, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Budget Officer to
provide for such payment from Account No.: 001-1940-2820 by use of unappropriated, undesignated
Fund Balance and take all other actions necessary, including budget transfers, to provide for such
payment, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor and/or Town
Counsel to draft and execute all necessary settlement documents and take any additional steps
necessary to effectuate the proposed settlement in accordance with the terms of this Resolution.
Duly adopted this 24h day of March, 2014, by the following vote:
AYES
NOES
ABSENT: