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 RESOLUTION NO. 403 FOR 2009
A regular meeting of the Town Board of the Town of Colonie was held at TownHall on the 6
th
day of August 2009 at 7:00 PM.PRESENT: Supervisor Paula A. MahanCouncilwomen Nancy R. HernandezNicole Criscione-SzesnatCouncilmen Robert D. BeckerWilliam E. CarlJ. Brian HoganThomas F. WithABSENT: NoneCouncilman offered the following resolution and moved its adoption:
A RESOLUTION AUTHORIZING THE TOWNSUPERVISOR TO ENTER INTO AGREEMENTS FOR THEACQUISITION AND CONVEYANCE OF REAL PROPERTYAND NECESSARY CONSTRUCTION IN RELATION TOTHE LATHAM WATER TANK REMOVAL PROJECT.WHEREAS
, the Federal Aviation Administration has expressed concernregarding obstruction to the approach to Runway 28 at the Albany International Airportby two water storage tanks owned by the Town of Colonie, New York; and
WHEREAS
, the Town of Colonie Division of Latham Water is working inconjunction with Albany International Airport Authority to remove the water storagetanks; 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 fromMohawk View Water Treatment Plant to the intersection of Sparrowbush Road and WadeRoad extension; and
WHEREAS
, the Town Board of the Town of Colonie previously approvednecessary increases and improvements of the Latham Water District resulting from theaforesaid removal project which included the construction of said transmission line byResolution dated January 17, 2008; and
 
 
WHEREAS,
a portion of the transmission main must be constructed onapproximately 9.29 +/- areas of environmentally protected wetland areas, including aDEC designated bog, currently owned by Guptill Holding Corporation and shown infurther detail on certain maps prepared by C.T. Male Associates, engineers duly licensedunder the State of New York; and
WHEREAS
, all necessary environmental reviews and permits have beenobtained by the Town of Colonie and Albany International Airport Authority for theconstruction 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 toobtain easements and real property from the Guptill Holding Corporation to complete theaforementioned construction; and
WHEREAS
, Guptill Holding Corporation is desirous of conveying theaforementioned 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 realproperty located at 200A Onderdonk Road and as shown in detail on maps attachedhereto prepared by C.T. Males Associates; and
WHEREAS,
and 9.5 +/- acres owned by the Town of Colonie is not needed forthe general purposes of the Town; and
WHEREAS
, the Town Board of the Town of Colonie, pursuant to its authorityunder Town Law §64, is desirous of conveying all or a portion of said property to GuptillHolding Corporation in exchange for the 9.29 +/- acres of wetland area and bog area andeasements 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 HoldingCorporation 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:Section 1. The Town Supervisor of the Town of Colonie is authorizedto 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 appraisalsobtained of said property; and
 
Section 2. The Town Supervisor of the Town of Colonie is authorizedto enter into agreements to acquire approximately 9.29 +/- acres of the aforementionedwetland area and bog currently located at 42 and 42A Pollock Road and shown in detailon maps prepared by C.T. Male Associates, subject to the approval by the Town andGuptill Holding Corp. of appraisals obtained of said property; andSection 3. The Town Supervisor is authorized to enter into licenseagreements for the construction of the 36-inch transmission main on property owned byGuptill Holding Corp. while final conveyances of the aforementioned properties arepending; andSection 4. This Resolution shall take effect immediately
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