Resolution approving and authorizing conveyance of real and personal real property
- Post by Carol Ellis
- June 17, 2022
Fulton County Industrial Development Agency
Adopted June 14, 2022
Introduced by Joe Semione
who moved its adoption.
Seconded by Sue Collins
WHEREAS, the Fulton County Industrial Development Agency (the “Agency”) owns certain property in the Town of Perth commonly referred to as the Tryon Technology Park; and
WHEREAS, the Agency desires to convey the sewer infrastructure, including the real property on which the infrastructure sits located in the Tryon Technology Park to the Fulton County Sewer District #4; and
WHEREAS, the Fulton County Sewer District #4 desires to acquire from the Agency the sewer infrastructure and the underlying real property consisting of approximately 39+/- acres and being a portion of 164.-5-1 located on County Highway 117 in the Town of Perth, County of Fulton;
WHEREAS, pursuant to section 6(c) of the Agency’s Disposition of Property Guidelines, the property, real and personal, may be sold by negotiation and for less than fair market value if the disposal is intended to further the economic development interests of the Agency; and
WHEREAS, the appraisal value of the real property is $46,800.00; and
WHEREAS, the estimated fair market value of the personal property exceeds $15,000.00; and
WHEREAS, since the Fulton County Sewer District #4 is best equipped to operate and maintain the sewer infrastructure, the Agency has determined that it is in the best interest to convey said infrastructure and the underlying real property for $1.00; and
WHEREAS, based on the foregoing, the Agency has determined that the sale of said Property, located in the Agency’s Tryon Technology Park is in the economic development interests of the County of Fulton and the Town of Perth, is in accord with the public provisions of applicable federal, state and local laws and the Agency’s Disposition of Property Guidelines, and will benefit the welfare and the economies of both Fulton County and the Town of Perth and the residents of those municipalities.
NOW, THEREFORE, it is hereby
RESOLVED that after due deliberation thereon, the Agency has determined that the disposal of the property intends to further the economic development interests of the Agency, whereby (a) the Fulton County Sewer District #4 has the ability to properly operate and maintain the sewer infrastructure and (b) the property is otherwise undevelopable and may not be used for any other purpose; and
RESOLVED, that the sale of the real property by the Agency constitutes an Unlisted action under the State Environmental Quality Review Act (“SEQRA”). After conducting this review, the Agency has determined that the sale of the Property is consistent with social, economic and other essential considerations and will not result in any significant adverse impacts on the environment. The Agency hereby issues a Negative Declaration with respect to the sale of the property. In doing so, the Agency satisfies the requirements of Part 617 of Title 6 of the New York Code of Rules and Regulations.
RESOLVED, that the Agency agrees to convey the real and personal property described above, consisting of the sewer infrastructure and approximately 39+/- acres of land on County Highway 117 in the Town of Perth to the Fulton County Sewer District #4 for the sum of One Dollar ($1.00).
RESOLVED, that the Agency acknowledges that any such sale of the Property shall be carried out pursuant to the Agency’s Property Disposition Policy and the applicable provisions of the Public Authorities Accountability Act, as it may be amended and the Agency hereby authorizes the provision of notice of the sale to various State agencies as may be required.
RESOLVED, that the Chairman, or Vice Chairman in his absence, is authorized to execute and deliver a deed and bill of sale, and other such documents as will incorporate the terms set forth above, subject to the approval of the Agency’s legal counsel as to form and content.
The question of the adoption of the foregoing resolution was duly put to a vote, which resulted as follows:
The foregoing resolution was thereupon declared duly adopted.
Dave D’Amore : Yes
Joseph Semione : Yes
Joseph Gillis : Absent
Mike Fitzgerald : Yes
Todd Rulison : Yes
Sue Collins : Yes
Greg Truckenmiller : Yes
I, James E. Mraz, Executive Director of the Fulton County Industrial Development Agency, hereby certify that I have compared the foregoing resolution with the original resolution, adopted by the Fulton County Industrial Development Agency, at a duly called and held meeting of said Agency on the 14th day of June, 2022, and the same is a true and correct transcript there from and the whole thereof.
Witness my hand and official seal
This 14th day of June, 2022
James E. Mraz, Executive Director