M E M O R A N D U M


							June 29, 2009


To:		Members of the Board of Trustees 	   

From:		Nancy L. Zimpher, Chancellor

Subject:	University at Albany � Transfer of Jurisdiction of Land From the New York State Department of Transportation  
	
        I recommend that the Board of Trustees adopt the following resolution:

Whereas  the University at Albany (�University�) seeks to acquire an approximately 5.90 acre parcel of land adjoining the northwest corner of the University�s Uptown Campus for the purpose of leasing the parcel to Fuller Road Management Corporation (�FRMC�) to accommodate the planned expansion of FRMC�s Albany Nanotech Complex that houses the University at Albany�s College of Nanoscale Science and Engineering (CNSE) to support  the growth of CNSE research, educational, and commercialization programs; and  

Whereas, as title to the parcel is held in the name of The People of the State of New York and under the jurisdiction of the New York State Department of Transportation (�DOT�), jurisdiction over the parcel must be transferred from DOT to the State University of New York (�SUNY�) in accordance with the provisions of the New York Public Lands Law; now, therefore, be it 

Resolved that it is necessary for the educational purposes of the University for SUNY to assume jurisdiction over certain real property owned by The People of the State of New York and under the jurisdiction of DOT; and, be it further 

Resolved that SUNY assume jurisdiction, with the approval of the Commissioner of DOT, over the real property adjoining the northwest corner of the University�s Uptown Campus, as more particularly shown on the map attached hereto; and, be it further 


Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the assumption of jurisdiction over and possession of such real property, including making a request to the Commissioner of General Services for a transfer of jurisdiction to SUNY.

Background

	In order to support a planned major expansion of FRMC�s facilities (the �Albany Nanotech Complex�) that house the University at Albany�s College of Nanoscale Science and Engineering (CNSE) to accommodate the planned and immediate growth of CNSE research, educational, and commercialization programs, the University seeks to acquire an approximately 5.90 acre parcel of land adjoining the northwest corner of the University�s Uptown campus. 

	Title to the parcel is held in the name of The People of the State of New York and is under the jurisdiction of the New York State Department of Transportation (�DOT�). The parcel constitutes a portion of the existing road bed and right-of-way for Washington Avenue Extension which DOT intends to surplus upon completion of its project to realign Washington Avenue and Washington Avenue at their intersection with Fuller Road. Under the Public Lands Law, the  Commissioner of General Services, upon the application of any State entity, may transfer to such State entity the jurisdiction  over any State lands upon such  terms  and  conditions  as  the  Commissioner  may deem just and proper and upon the consent of the State entity  already  having  jurisdiction  over such lands. 
        


















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Board Resolution		June 29, 2010