Land Swap Resolution

RESOLUTION NO. 403 FOR 2009

A regular meeting of the Town Board of the Town of Colonie was held at Town Hall on the 6th day of August 2009 at 7:00 PM. PRESENT: Supervisor Councilwomen

Paula A. Mahan Nancy R. Hernandez Nicole Criscione-Szesnat

Councilmen

Robert D. Becker William E. Carl J. Brian Hogan Thomas F. With

ABSENT: Councilman

None offered the following resolution and moved its adoption:

A RESOLUTION AUTHORIZING THE TOWN SUPERVISOR TO ENTER INTO AGREEMENTS FOR THE ACQUISITION AND CONVEYANCE OF REAL PROPERTY AND NECESSARY CONSTRUCTION IN RELATION TO THE LATHAM WATER TANK REMOVAL PROJECT. WHEREAS, the Federal Aviation Administration has expressed concern regarding obstruction to the approach to Runway 28 at the Albany International Airport by two water storage tanks owned by the Town of Colonie, New York; and WHEREAS, the Town of Colonie Division of Latham Water is working in conjunction with Albany International Airport Authority to remove the water storage tanks; and WHEREAS, as part of the aforementioned removal project, the Division of Latham Water must construct 12,600 +/- lineal feet of 36-inch transmission main from Mohawk View Water Treatment Plant to the intersection of Sparrowbush Road and Wade Road extension; and WHEREAS, the Town Board of the Town of Colonie previously approved necessary increases and improvements of the Latham Water District resulting from the aforesaid removal project which included the construction of said transmission line by Resolution dated January 17, 2008; and

WHEREAS, a portion of the transmission main must be constructed on approximately 9.29 +/- areas of environmentally protected wetland areas, including a DEC designated bog, currently owned by Guptill Holding Corporation and shown in further detail on certain maps prepared by C.T. Male Associates, engineers duly licensed under the State of New York; and WHEREAS, all necessary environmental reviews and permits have been obtained by the Town of Colonie and Albany International Airport Authority for the construction of said transmission main in the aforementioned bog and wetland areas; and WHEREAS, as part of said removal project the Town of Colonie will need to obtain easements and real property from the Guptill Holding Corporation to complete the aforementioned construction; and WHEREAS, Guptill Holding Corporation is desirous of conveying the aforementioned wetland and bog area to the Town of Colonie; and WHEREAS, the acquisition of said wetland area and bog area is in furtherance of the goals of the Town of Colonie’s Comprehensive Plan; and WHEREAS, the Town of Colonie owns approximately 9.5 +/- acres of real property located at 200A Onderdonk Road and as shown in detail on maps attached hereto prepared by C.T. Males Associates; and WHEREAS, and 9.5 +/- acres owned by the Town of Colonie is not needed for the general purposes of the Town; and WHEREAS, the Town Board of the Town of Colonie, pursuant to its authority under Town Law §64, is desirous of conveying all or a portion of said property to Guptill Holding Corporation in exchange for the 9.29 +/- acres of wetland area and bog area and easements necessary for the construction of the 36-inch transmission main; and WHEREAS, said conveyance and acquisition is dependent on acceptance of appraisals of the aforementioned properties by the Town of Colonie and Guptill Holding Corporation and the fair market value determined therein; and NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Colonie, Albany County, New York, as follows: The Town Supervisor of the Town of Colonie is authorized Section 1. to enter into agreements to convey all or a portion of real property owned by the Town of Colonie located at 200A Onderdonk Road, Town of Colonie, County of Albany, State of New York subject to approval by the Town and Guptill Holding Corp. of appraisals obtained of said property; and

Section 2. The Town Supervisor of the Town of Colonie is authorized to enter into agreements to acquire approximately 9.29 +/- acres of the aforementioned wetland area and bog currently located at 42 and 42A Pollock Road and shown in detail on maps prepared by C.T. Male Associates, subject to the approval by the Town and Guptill Holding Corp. of appraisals obtained of said property; and The Town Supervisor is authorized to enter into license Section 3. agreements for the construction of the 36-inch transmission main on property owned by Guptill Holding Corp. while final conveyances of the aforementioned properties are pending; and Section 4.

This Resolution shall take effect immediately