2007-177COPY
2007-177
Resolution Authorizing Acceptance of Gift of Real Property (Klein -Alexander, Briar Lane)
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August
27th, 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni (arrived at 7:38 PM)
Maureen McCarthy
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilwoman McCarthy.
WHEREAS, by letter dated August 1St, 2007, James A. Klein, on behalf of Klein -
Alexander Properties, has offered to donate to the Town two (2) parcels of property located on
Briar Lane, one parcel containing approximately 7.549 acres and identified as tax grid no. 6258-
01-425568 and the second parcel containing approximately 10.379 acres identified as tax grid
no. 6258-01-376680, said parcels being shown on Map #6339 filed in the Dutchess County
Clerk's Office on March 181h, 1982; and
WHEREAS, the Town Board intends to accept the two (2) parcels upon conditions
hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby conditionally agrees to accept a gift of two (2) parcels of
land located on Briar Lane in the Town of Wappinger, one parcel containing approximately
7.549 acres and bearing tax grid no. 6258-01-425568 and the second parcel containing
approximately 10.379 acres and bearing tax grid no. 6258-01-376680, as the same are depicted
and identified on Map #6339 filed in the Dutchess County Clerk's Office on March 18th, 1982,
owned by Klein -Alexander Properties or its successor, subject however to:
A. Klein -Alexander Properties providing a Phase I Environmental Audit, and,
if necessary, a Phase II Environmental Audit, certifying that there are no violations of any
Federal, State or Local Statute, Rule, Regulation or Ordinance relating to hazardous waste,
hazardous contaminants, or any other environmentally unsafe condition, or, in the event that such
Environmental Audit discloses violations, that the donor, Klein -Alexander Properties, remove
such violations prior to the transfer of title; in the event that any environmentally unsafe
conditions are disclosed by the Environmental Audit, and the donor is unable to remove them,
the Town Board shall be under no obligation to accept title to such premises.
B. The donor supplying to the Town a title insurance policy, in an amount to
be determined by the Attorney to the Town, insuring that the premises are being transferred free
and clear of any liens, encumbrances or other title defects in form acceptable to the Attorney to
the Town.
C. Upon receipt of an Environmental Audit satisfactory to the Engineer to the
Town and to the Attorney to the Town, the Town Supervisor is authorized to accept the deed of
conveyance into the Town and to execute any documents necessary to have said deed recorded in
the Dutchess County Clerk's Office. The recording charges are to be paid by the donor, Klein -
Alexander Properties.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/27/2007
The Resolution is hereby duly declared adopted.
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OHN C. AkSTERSON, TOWN CLERK