2019-209
2019-209
Resolution Abandoning Surplus Right Of Way Of Sergeant Palmateer Way To Abutting
Property Owner
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
November 13, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2019-209
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Mover
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilwoman Bettina.
WHEREAS, T.L.A. Realty, Inc. (hereinafter “TLA”) owns a parcel of real property located
on the west side of Sergeant Palmateer Way and the north side of Old Hopewell Road, hereinafter
known as the “TLA Parcel”; and
WHEREAS, the County of Dutchess and the Town of Wappinger wish to improve the
traffic flow at the intersection of Old Hopewell Road and Sergeant Palmateer Way by relocating the
intersection to the west to avoid conflicts with the intersection of Route 9 (State Highway No. 5154)
and Old Hopewell Road; and
WHEREAS, TLA has agreed to donate to the Town a portion of its real property to
relocate the right of way of Sergeant Palmateer Way; and
WHEREAS, as part of its subdivision, TLA has constructed a relocated section of Sergeant
Palmateer Way within a fifty-foot right of way which is shown on its subdivision plat and has been
offered for dedication to the Town of Wappinger upon its completion; and
WHEREAS, when the Town of Wappinger accepts the relocated portion of Sergeant
Palmateer Way and opens it as a Town Highway, the portion of the old Sergeant Palmateer Way
described in Schedule 1 shall be closed as a public highway and no longer needed for highway
purposes, however, the Town shall retain an easement for utility purposes; and
WHEREAS, Highway Law §212-a authorizes the Town Board, with consent of the
Superintendent of Town Highways and the County Superintendent of Highways, to abandon to
TLA the sections of the old road that are of no further use for highway purposes; and
WHEREAS, Sergeant Palmateer Way was previously a portion of the Colonial Law 1703
New York to Albany Post Road and was accepted as part of the New York State Highway system
on August 27, 1912 as State Highway No. 5154; and
WHEREAS, by Official Order No. H-2148 dated November 7, 1988, the New York State
Department of Transportation abandoned title and maintenance jurisdiction of Sergeant Palmateer
Way to the County of Dutchess except for a section between Station 172 to Old Hopewell Road;
and
WHEREAS, by Resolution No. 172-1969, the County of Dutchess abandoned title and
maintenance jurisdiction of Sergeant Palmateer way from Station 172 on old SH 5154 to the Village
of Wappingers Falls Line to the Town of Wappinger; and
WHEREAS, by Official Order No. H2606 dated January 9, 2019, the New York State
Department of Transportation abandoned title and maintenance jurisdiction of the portion of
Sergeant Palmateer Way between Station 172 to Old Hopewell Road to the County of Dutchess;
and
WHEREAS, by Resolution No. 2019-101, the County of Dutchess abandoned all right title
and interest in Sergeant Palmateer way from Station 172 to Old Hopewell Road, a copy of the
Resolution with Official Order No. H2606 is attached as Schedule 2; and
WHEREAS, the Commissioner of the Department of Public Works of Dutchess County
recommended to the Dutchess County Legislature that such portions of Sergeant Palmateer Way are
no longer needed for highway purposes and may be abandoned to TLA; and
WHEREAS, the Town of Wappinger Highway Superintendent has recommended that the
unneeded portions of Sergeant Palmateer Way as described in Schedule “1” be abandoned to TLA
upon the acceptance and opening of the new section of Sergeant Palmateer Way; and
WHEREAS, by resolution adopted this day, the Town Board has accepted the dedication
of the relocated Sergeant Palmateer Way subject to approval by the Engineer to the Town and the
Superintendent of Town Highways that the construction conforms to the plans submitted and the
applicable standards;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby authorizes the abandonment of the unneeded portions of
Sergeant Palmateer Way described in Schedule “1” pursuant to Highway Law §212-a as it is no
longer needed for highway purposes.
2. The Town Board hereby authorizes the Supervisor of the Town of Wappinger to
execute the Quitclaim Deed together with the recording instruments, TP-584 and RP-5217, and
such other documents as may be necessary to transfer the unneeded portions of Sergeant Palmateer
Way to TLA.
3. The Town Board hereby directs the Attorney to the Town to hold the Quitclaim
Deed and associated documents in escrow until such time that the Superintendent of Town
Highways and the Engineer to the Town has submitted a written approval for the new portion of
Sergeant Palmateer Way and at that time the Quitclaim Deed can be delivered to TLA.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
11/13/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK