2006-2472006-247
COPY
Resolution Authorizing Acceptance of Gift of Real Property
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 December
11th, 2006.
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
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Valdati.
WHEREAS, by letter dated May 3rd, 2006, Nussbickel Brothers Realty Company, a New
York Partnership located at 205 Old Route 9, Fishkill (Town of Wappinger), New York, has
offered to donate to the Town a 2.8 acre parcel of land on the West side of Route 9 in the Town
of Wappinger, bordering the Green Fly Swamp; and
WHEREAS, the Town Board has previously agreed to accept the land under certain
conditions as more fully set forth in a prior Resolution which Resolution was adopted by the
Town Board on May 22nd, 2006; and
WHEREAS, the conditions set forth in the Resolution adopted on May 22nd, 2006 were
to wit:
A. A Phase I Environmental Audit certifying that there are no violations of
any Federal, State or Local statute, rule, regulation or ordinance, relating to hazardous waste or
other environmentally unsafe condition, or, in the event that such environmental audit discloses
violations, that the Seller shall remove such violations prior to the transfer of title. In the event
that any environmentally unsafe conditions are disclosed and the Seller is unable to remove
them, the Town Board shall be under no obligation to accept title to subject premises.
B. Nussbickel Brothers Realty Company granting authorization to the Town,
or its agents, to conduct a Phase I Environmental Audit and, if necessary, a Phase II
Environmental Audit.
C. The title to the premises being transferred free and clear of any liens,
encumbrances or defects; and
WHEREAS, all of the conditions above referenced have been satisfied
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 conditions have been satisfied to the satisfaction of the Engineer to
the Town and to the Attorney to the Town.
3. The Town Board hereby agrees to accept the gift of the 2.8 acre parcel
owned by Nussbickel Brothers Realty Company located on the west side of US Route 9 and
more particularly described on Schedule "A" attached hereto as Exhibit "A".
4. The Town Board hereby authorizes Supervisor Joseph Ruggiero to
execute all documents necessary to effectuate the acceptance of this gift and further authorizes
the Attorney to the Town to record the deed and all other necessary documents.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
ROBERT L. VALDATI, 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
12/11/2006
The Resolution is hereby duly declared adopted.
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/ViN—C.'14ASTERSON, TOWN CLERK