Loading...
Resolution Land SWAP Fulton WappingerRESOLUTION At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the day of July, 1994 at 7:30 p.m. The meeting was called to order by Supervisor Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor Constance O. Smith Councilperson Robert L. Valdati June A. Visconti Joseph Ruggiero Joseph lncoronato ABSENT: The following Resolution was moved by Councilperson and 1 seconded by Councilperson J - WHEREAS, by Resolution dated July 27, 1992, the Town Board authorized the transfer of .043 acres of land from the Town of Wappinger, Montfort Road recreation site to Joseph H. and Evelyn Fulton adjacent property owners, in exchange for a .043 parcel of land to be conveyed from Joseph H. and Evelyn to the Town, and in consequence thereof, the Town entered into a contract dated February 19, 1993 with Joseph H. Fulton, Jr. and Evelyn Fulton, his wife, for the exchange for these parcels; and WHEREAS, since the property to be exchanged from the Town to Mr. & Mrs. Fulton had been used for park or recreation purposes, authorization from the New York State Legislature was required to enable the Town to do so; and WHEREAS, by Resolution dated June 14, 1993, the Town Board examined the proposed action pursuant to SEQRA regulations and Town of Wappinger Local Law #6 of 1992 and made a Negative Determination of Significance for this project; and WHEREAS, the New York State Legislature adopted the appropriate legislation necessary to enable the Town to effectuate the transfer as set ,forth in the contract dated February 19, 1993 between the Town and Mr. & Mrs. Fulton; and WHEREAS, the appropriate legislation is set forth in the Laws of 1994 Chapter 144 which in substance authorized the Town to exchange the parcels of land with Mr. & Mrs. Fulton upon Resolution duly adopted by the Town Board. NOW, THEREFORE, BE rr RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger, pursuant to statute duly adopted by the State of New York as contained in the Laws of 1994, Chapter 144, hereby authorizes the transfer of a .043 acre parcel of land from the Montfort Road Park/Recreation Site to adjacent land owners Joseph H. Fulton and Evelyn Fulton in exchange for an equal parcel of land to be conveyed from Mr. & Mrs. Fulton to the Town pursuant to contract dated February 19, 1993. 2. The Town Supervisor, Constance O. Smith, is hereby authorized to execute any deeds, capital gains affidavit, equalization and assessment forms and any other documents and to pay necessary recording charges or transfer taxes required to effectuate these transfers. 3. Albert P. Roberts, attorney to the Town, is hereby directed to prepare the deeds, gains tax affidavits, equalization and assessment forms and, any other documents necessary to effectuate this transfer. -2- The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: CONSTANCE O. SMITH VOTING ROBERT L. VALDATI VOTING JUNE A. VISCONTI VOTING JOSEPH INCORONATO VOTING JOSEPH RUGGIERO VOTING The Resolution was thereupon declared duly adopted. DATED: July-, 1994 ELAINE SNOWDEN, TOWN CLERK TOWN OF WAPPINGER -3- RESOLUTION At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 28th day of February, 1994, at 7:30 p.m. The meeting was called to order by Supervisor Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor Councilperson ABSENT: Constance O. Smith June A. Visconti Robert L. Valdati Joseph Ruggiero Joseph Incoronato The following Resolution was moved by Councilperson i 5 eco (A i and seconded by Councilperson WHEREAS, by resolution dated June 14, 1993, the Town Board requested the New York State Legislature to enact a special law authorizing the Town of Wappinger to discontinue the use of and to convey certain parklands in exchange for acquiring and dedicating as parklands another parcel of comparable size; and WHEREAS, by the resolution dated June 14, 1993, the Town Board also declared itself lead agency pursuant to Article 8 -ECL and the related Title 6 part 617 NYCRR and further issued a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project; and WHEREAS, the New York State Legislature undertook to adopt the requested special legislation; and WHEREAS, said special legislation contained a typographical error requiring its resubmission and readoption by the State Legislature; and WHEREAS, the Town Board, Town of Wappinger desires that the New York State Legislature adopt the appropriate legislation necessary to permit the Town effectuate the above referenced land transfer in accordance with a certain contract dated February 19, 1993 by and between the Town of Wappinger and Joseph H. Fulton, Jr. and Evelyn :Fulton; and WHEREAS, the appropriate Legislative committees have prepared a revised bill to be introduced respectively in the Senate and Assembly - the Senate Bill bearing No. 5765-B and the Assembly Bill bearing No. 8474-B, and WHEREAS, the Town Board had adopted a Resolution on January 24, 1994 authorizing a "Home Rule Request" for the aforementioned bills, however, the amendments had not been made to the Assembly Bill until January 25, 1994 and a new authorization is required. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby requests that the New York State Legislature authorize, by special legislation, through Senate Bill No. 5765--B and Assembly Bill No. 8474-B, the Town of Wappinger to transfer .043 acres of land presently part of the Montfort Road Parks/ Recreation site to Joseph H. Fulton, Jr. and Evelyn Fulton, in exchange for .043 acre parcel of land to be conveyed from Joseph H. Fulton, Jr. and Evelyn Fulton to the Town, said parcels of land more particularly described and set forth in a certain survey map prepared by Paggi and Martin, E Engineers and Surveyors, dated November 1987, last revised February 5, 1992, and in accordance with a certain contract dated February 19, 1993, a copy of said survey and contract being on file with the Town Clerk. 2. The Town Board, Town of Wappinger, further requests that the New York State Legislature undertake whatever steps are necessary to adopt the appropriate Legislation to permit the Town of Wappinger to effectuate the land transfer set forth in the contract dated February 19, 1993 by and between the Town of Wappinger and Joseph H. Fulton, Jr. and Evelyn Fulton. 3. The Town Board further confirms that by Resolution dated June 14, 1993, it had declared itself the only involved agency in this action and issued a Negative Determination of Significance for this project. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance 4. Smith voting &40 _ June A. Visconti voting A,,,_ Joseph Incoronato voting 11�1.. Joseph Ruggiero voting Q4e Robert L. Valdati voting D14, 12 - The Resolution was thereupon declared fully adopted. DATED: February 28, 1994. ELAINE SNOWDEN, TOWN CLERK TOWN OF WAPPINGER 3 February 24, 1994 Hon. Elaine Snowden Town Clerk - Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls, New York 12590-0324 RE: MONTFORT ROAD BARN PARCEL EXCHANGE Our File No. 5456.9526 Dear Elaine: LEGAL ASSISTANTS: DALE O'DONNELL AMY E, WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (91,4)452-1046 ADDRESS REPLY TO: POUGHKEEPSIE WAPPINGERS Enclosed please find revised Resolution to be presented to the Town for adoption at Monday night's meeting on February 28, 1994. Very truly yours, VERGILIS, STENGER, LUCIA & ROBERTS ALBERT P. ROBERTS APR/mem cc: Constance 0. Smith VERGILIS, STENGER, LUCIA & ROBERTS ATTORNEYS AND COUNSELORS AT LAW 1.611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 GERALD A. VERGILIS* FAX (914) 298-2842 KENNETH M. STENGER ANTONIA T. LUCIA ALBERT P. ROBERTS JOAN F. GARRETT" THOMAS R. DAVIS ADMITTED TO PRACTICE IN NY & FrLA. ADMITTED TO PRACTICE IN NY & CONN. February 24, 1994 Hon. Elaine Snowden Town Clerk - Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls, New York 12590-0324 RE: MONTFORT ROAD BARN PARCEL EXCHANGE Our File No. 5456.9526 Dear Elaine: LEGAL ASSISTANTS: DALE O'DONNELL AMY E, WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (91,4)452-1046 ADDRESS REPLY TO: POUGHKEEPSIE WAPPINGERS Enclosed please find revised Resolution to be presented to the Town for adoption at Monday night's meeting on February 28, 1994. Very truly yours, VERGILIS, STENGER, LUCIA & ROBERTS ALBERT P. ROBERTS APR/mem cc: Constance 0. Smith KAREN, R. KAUFMANN Home Rule Counsel Elaine H. Snowden Town Clerk Town of Wappinger P.O. Box 324 20 Middlebush Road Wappinger Falls, New Dear Ms. Snowden, York 12591 Room 448-M, Capitol Albany, New York 12248 (518) 4.55-4191 FAX: (51i8)455-4103 February 2, 1994 I have received the Home Rule Requests you sent to me relating to A.8474 -B, "authorizing the Town of Wappinger to convey certain parklands.'" Such Home Rule Requests recite that the Town of Wappinger acted on these requests on January 24, 1994. Home Rule Requests, however, may not be made prior to the date of the amendment of a bill. Inasmuch as A.8474 -B was amended on January 25, 1994, the Home Rule Requests which you sent me are invalid. It will be necessary, therefore, for the. Town to adapt new Home Rule Requests for this legislation,. I have enclosed four copies of our Home Rule Request form for your convenience. Please do not hesitate to contact me if you have any questions. Sincerely, m enclosures cc: Honorable Eileen Hickey r RESOLUTION At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 24th day of January, 1994, at 7:30 p.m. The meeting was called to order by Supervisor Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor Constance O. Smith Councilperson June A. Visconti Robert L. Valdati Joseph Ruggiero Joseph Incoronato ABSENT: The following Resolution was moved by Councilperson VISCONTI and seconded by Councilperson RUGGIERO WHEREAS, by resolution dated June 14, 1993, the Town Board requested the New York State Legislature to enact a special law authorizing the Town of Wappinger to discontinue the use of and to convey certain parklands in exchange for acquiring and dedicating as parklands another parcel of comparable size; and WHEREAS, by the resolution dated June 14, 1993, the Town Board also declared itself lead agency pursuant to Article 8 -ECL and the related Title 6 part 617 NYCRR and further issued a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project; and WHEREAS, the New York State Legislature undertook to adopt the requested special legislation; and WHEREAS, said special legislation contained a typographical error requiring its resubmission and readoption by the State Legislature; and WHEREAS, the Town Board, Town of Wappinger desires that the. New York State Legislature adopt the appropriate legislation necessary to permit the Town effectuate the above referenced land transfer in accordance with a certain contract dated February 19, 1993 by and between the Town of Wappinge'r and Joseph H. Fulton, Jr. and Evelyn Fulton; and WHEREAS, the appropriate Legislative committees have prepared a revised bill to be introduced respectively in the Senate and Assembly - the Senate Bill bearing No. 5765-B and the Assembly Bill bearing No. 8474-5. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS. 1. The Town Board of the Town of Wappinger hereby requests that the New York State Legislature authorize, by special legislation, through Senate Bill No. 5765-B and Assembly Bill No. 8474-B, the Town of Wappinger to transfer .043 acres of land presently part of the Montfort Road Parks /Recreation site to Joseph H. Fulton, Jr. and Evelyn Fulton, in exchange for. .043 acre parcel of land to be conveyed from Joseph H. Fulton, Jr. and Evelyn Fulton to the Town, said parcels of land more particularly described and set forth in a certain survey map prepared by Paggi and Martin, Engineers and Surveyors, dated November 1987, last revised February 5, 1992, and in accordance with a certain contract dated February 19, 1993, a copy of said survey and contract being on file with the Town Clerk. E 2. The Town Board, Town of Wappinger, further requests that the New York State Legislature undertake whatever steps are necessary to adopt the appropriate Legislation to permit the Town of Wappinger to effectuate the land transfer set forth in the contract dated February 19, 1993 by and between the Town of Wappinger and Joseph H. Fulton, Jr. and Evelyn Fulton. 3. The Town Board further confirms that by Resolution dated June 14, 19930, it had declared itself the only involved agency in this action and issued a Negative Determination of Significance for this project. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance O. Smith voting AYE June.A. Visconti voting AYE Joseph Incoronato voting AYE Joseph Ruggiero voting AYE Robert Valdati voting AYE The Resolution was thereupon declared fully adopted. DATED: January 24, 1994. ELAINE SNOWDEN, TOWN CLERK TOWN OF WAPPINGER STATE OF NEW YORK; COUNTY OF DUTCHESS, ss.: TOWN OF WAPPINGER I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger, N. Y., do hereby certify that I have com- pared the foregoing copy of a Resolution requesting the New York State Legislature, by Special Legislation for permission to transfer .043 Acres of Recreational land in exchange for a like parcel. with the original record thereof now remaining on file or of record in this office and have found the same to be a correct transcript therefrom and the whole of such original record. IN TESTIMONY OF, I have hereunto set my hand, and affixed my seal of office, thio of , 19� Town Clerk By ,r-, Deputy Clerk JAN -18-199 ! 10:58 09RALD A. VEROILIS* KENNETH M. STBN01VR ANTONIA T. LUCIA ALBERT P. ROBERTS JOAN F. GARRET"1'** CARMINE J. CAROLEI • ADbCa"M TO PRACITCE IN NY a RA. • Aomrr RA TO PRACrICp IN NY & CONN. January 18, 1994 VERGILXS, STENGER, LuciA & ROBERTs ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS PAW, NEW YORK 12590 (914) 298-20W FAX (914) 295-2942 VIA FAX Honorable Stephen Saland Nest York State Legislature 946 Legislative Office Building Al,hany, New York 12238 Attn: Ed Spaight RE: HOME RULE REQUEST - TOWN OF WAPPINGER MONTFORT ROAD BARN PARCEL EXCHANGE SENATE SILL 5765-A ASSEMBLY SILL 8474-A Dear Ed: P.09/10 LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHiCRRKM 0MCS 276 MAIN MALL POU43HKEEPSIE, NY 12601 (914) 4521046 A=R2M REPLY T0= ( )POWANE OM ( )WAPPINOIZSlB On Saturday, January 15, 1994, I received your.letter, and the revised bill regarding the above matter. I note, however, that the bill still requires the Town to adopt a Town ordinance to effectuate this land transfer. When: this was last discussed with Jennifer Pyle of Senator Saland's Office in July of 1993, we had requested that the Town be permitted to do this by Resolution. in my letter of December 8, 1993 I had also requested that the Town Board could effectuate this land transfer by "Resolution". When I spoke with you last week, you indicated the contents of gay letter were adopted. Additionally, I note two minor typographical errors on lines 23 and 24; the minute character - ' - has been omitted in the survey metes and bounds course. I think we all understand what the bill is intended to do and I just question whether it is necessary to have that corrected prior to adoption. I also enclosed for your quick review a draft of the Town Board Resolution to be adopted on January 24, 1994. JAN -18-1994 10:59 Thank you for your courtesy and attention. Very truly yours, VERGILIS, STENGER, LUCIA 4 ROBERTS HERT P. ROBERTS APR/mem cc: Hon. Constance 0. Smith P.10/10 0 JAN -18-1994 10:55 GERALD A. VERGILIS* KENNETH M,STENGER ANTONIA T. LUCIA ALBERT F. ROBERTS JOAN F. GAR.RETTW* CARMINE J. CAROLE[ AMMMU TO PRACTICE? IN NY & PLA. "ApMI'ITF I) IX) FgAC11CN IN NY a CONN, aanuary 17, 1994 VERGILIS, STENGER, LUCIA & ROBERTS ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK ] 2590 (914)298-2000 FAX (914) 291-2842 Hon. Constance D. Smith Supervisor - Town of Wappinger 20 Middlebush Road PO BOX 324 Wappingers Falls, New York 12590 RE: MONTFORT ROAD BARN Our File No. 5456,9526 Dear Connie: P.02/10 LEGAL ASSIVANTS: DALE O'DONNELL AMY E. WOODARD • POUGHKEEPSM OFFICE 276 MAIN MALL POUGHIMEPSIE, NY 12601 (914)4!2-1046 ADDRESS REPLY TO: { y POUGRKMM2 { ) WwPPINIGEkS I enclose herewith a copy of the Special Legislation to be submitted in both the Senate and Assembly in connection with the land swap regarding the Montfort Road Barn. Please note that the Legislation Parzits the Town to discontinue use of the parcel to be exchanged with Mr.' & Mrs. Fulton, billy after the Town Board adopts an ordinance to that effect. 1 had specifically requested that the proposed Legislation authorize the Town to discontinue use of the land by Resolution only, however, for reasons unknown the bill was drafted in this fashion. Last week when 2 spoke to Ed Spaight, he assured me that the bill had been amended in accordance with my letter. Having the Town go through the additional steps of adopting an ordinance seems unnecessary, but that is the way the bill has been drafted. Z will. call Ed on Tuesday to find out why it was drafted in this fashion. I also enclose a copy of a Resolution the Town Board must adopt requesting the State Legislature to submit the bill for adoption, JAN -18-1994 10:56 as well as the Rome Mule Requests for both the Senate and Assembly. Any question please contact me. Very truly yours, VER01LIS11 STENGER, LUCIA & ROBERTS ALB P. ROBERTS APR/mem cc: Elaine Snowden - Town Clerk w/enclosures Mr. & Mrs. Joseph Fulton Mr. Joseph E. Paggl, Jr. P.03/10 JRN-18-1994 10:56 P.04110 STATE OF NEW YORK 5765--A 1 Cal No. 1009 1993-1994 Regular Sessions IN SENATE May 25, •2993 Ir�trodveed by Sen. SALANA read twice .and ordered printed,'and when printed to be'committe3 to•the Committee on RU19s ordered, to a third reading, passed by Senate and delivered to Assembly, substituted for Assembly No. 8474, passed by ho$Pobly, but ,not delivered io'Gover- nor, recalled from Assembly, vote rvconsjderedr•re5tOzed t0 third x'eading, amended and ordered reprinted,, retainir►g its place in the or- der of third reading AN ACT authorizing the tom of,Wappinger, county of Dutrhess,'to discoa- tinue the -use of and convey certain park lands in exchange' for Ac- quiring and dedicating as park lands anoth.er comparable parcel"' The People of the State of N w Xe k re rise ed in B and Ass blv, do enact as follows: I' Section 1. Notwithstanding any inconsistent, general, special or local 2 lar, to the contrary, the town of Wappinger, county'o£ Dutchess, by town _!.rordinance'# may discontinue as park lands the lands. horeinafter described 4 in section three of•this act and heretofore acquired and used by suvh 5 town for park and other public purposes, and the said town is hereby I -authorized to convey ,said park tarda. 7 5 2, The authorization provided by section'one of this act shall take 8 effect -only 'upon the condition that, at the time of the Conveyance of. the 9- lands described in section three of this act, the town Of wappinger, 10 county of Dutchess shall'acquire and dedicate as park lands the lands 11 described in section tour of'this'act.• ' 12 S 3. The lands referred to in section one of,this act are located in 13 the town of Wappinger, county of Dutchesg, and Ire lioupded and described, 14 as fgllows: 15 Beginning at a point, said point' being at;the scuth»esterly 00rne4 of 16 Lot Na. 42 as shown on •a map entitled 'Serenity liisaion" on file in the ERPLANATTUN- Natter•in italics (underscored i' new; 'matter 1n bracket's ( ] is old law to be omitted. ZJW11371-03.3 iwme on wcram nwR JPN-18-1994 10:56 P.85/10 1 '' Dutehess •Coursty Clerks 'Oftiae 4s .ti1e blipNo. 4279, said point also be- 2 irig on• the,northwasterly comer of lands now or .formerly the Town of Y. Wappinger,.'Liber-.1346, Page. 381, :and- said point also being,op the 4 easterly .line of konfort Road; thence.leaving said aasterly 'road,-line o, ..5 and said, common. corner. and running"along the'coaaeon 'line N0. 1' 42 • to the North and the Town of Wappinger„ to' •thesouth, south , 760 • 16' 7 59" East 91.70 Feet; :thence ,leav'i,pq said commi9w.line, and iunnisig ,througr. 8 said lan4a- of the Tom of wippirger, .South 160 06' 00" West,' .80.92 Feet. 9 to . a .point"being- qn. the easterly jine,• of-said Monfort Road; thence '=- ' 10 nine} .along• 'said easterly'.roa4 ••line' North 3* '40! •39" west 43.19, FRet,,'�', to 11 the.,point of, beginning corstaining -0. o43t`&c' rss • of land. i2 $' 4., .-,The lands referred to'in. section two of thks act'which shall be 13 acquired and iWieated as 'park legds•.at . tris time of.--,the diecolAti0uance 14 of.' 'park"•Binds''auth6rized,by.section'.one of this act;, are located in the 151 town of Nappinger; county of Dutcgese,;,itnd, are bounded and described as 16• follows •17' Beginning at a point',"said,po at b41sxg at•the southeasterly earner of .1$ Lot INo. 1 4.2 as shown on a map entitled'4Serenity'Kissfoq" oa;file.in the 19 .outchess County Clerlie office sa File!Map 1Ro.."4274: said poln4 also be- 20 -, rng 'ion :the northerly dine -of -lands now of . formerly' the • Town • of Wap- 21'. ap-21 pingar, .: Liber'-,:1346, . Page 384 theaee lmaving said- southeasterly corner • 22 , 'and running' along -the "souiherly •title• of s~t''42-, and ,'•.the • 14ortheily 23 line of said 'rows of Nappingar, ttoxSh;76° 9"West 95.40 last; tiheA 24 leaving , said common iine• ,"dl sunning',through said, Lot .42, !lortih 770 2$ .20" East, . 90.42 -Feet, .to a •pdini .being an the_,easttrly lildd, of said Lot 26 42•said 'point'also being on the northerly line of said tova of Vap- 27 pinger;'theme running along-'said-easterly line of Lot Ino. 42. and the 28 northerly, ,line *of said .Town of Wappingers ,.South 7. 075' 2C' PAst '41.00 29' Feet to•the point of begiaain''Gontain3Ag 0.043t.aares af•lead. It S :S,, This act shall take. effect imaediately. . VERGILIS, STENGER, LuclA & ROBERTS ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS * KENNETH M. STENGER ANTONIA T. LUCIA ALBERT P. ROBERTS JOAN F. GARRETT" CARMINE J. CAROLEI ADMITTED To PRACTICE IN NY & FLA ADMITTED TO PRACTICE IN NY & CONN. January 20, 1994 1.611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 Hon. Elaine Snowden Town Clerk - Town of Wappinger 20 Middlebush Road PO, Box 324 Wappingers Falls, New York 12590-0324 RE: HOME RULE REQUEST - TOWN OF WAPPINGER MONTFORT ROAD BARN PARCEL EXCHANGE SENATE BILL 5765-B and ASSEMBLY BILL 8474-B Our File No. 5456.9526 Dear Elaine: ADDRESS REPLY TO: POUGHKEEPSIE WAPPINGERS In supplement to my letter of January 17, 1994 addressed to Connie, I enclose herewith revised Resolution to be presented to the Town for adoption at Monday night's meeting. The Resolution requests the State Legislature to submit the appropriate legislation to permit the transfer of a small parcel of property to Mr. & Mrs. Joseph Fulton, Jr. in exchange for a parcel of similar size. The Bill originally introduced required the Town to adopt an "Ordinance". The revised Bills permits the Town to do this on Resolution. The revised Bills are now designated - Senate Bill 5765-B and Assembly Bill 8474-B. The revised Resolution correctly designates the revised bill numbers. Also enclosed please find corrected Home Rule Requests for both the Senate and the Assembly. Very truly yours, VERGILIS, STENGER, LUCIA & ROBERTS ALBERT ■ ROBERTS APR/mem cc: Hon. Constance 0. Smith w,/ Copies SHELDON CUTLER LEONARD KLEIN ARTHUR L. GELLERT STEPHEN E. EHLER5 PAUL J. GOLDSTEIN* JOHN A. GEOGHEGAN ALBERT P. ROBERTS LILLIAN 5. WEIGERT STEPHEN E. DIAMOND" RAINA E. MAL55EL+ DAVID R. WI5E++ EMANUEL F. SARIS TERRY D. HORNER " ADMITTED IN NY 8 FL ""ADMITTED IN NY, FL 8 MA + ADMITTED IN NY 8 ENGLAND ++ ADMITTED IN NY 8 CT Hon. Constance O. Town of Wappinger P.O. Box 324 Wappingers Falls, .Re: Dear Connie: GELLERT & CUTLER, P.C. ATTORNEYS AND COUNSELORS AT LAW 75 WASHINGTON STREET POUGHKFEPSIE, NEW YORK 12601 (914) 454-3250 FAX: 914-454-4652 May 19, 1993 Smith, Supervisor NY 12590 Land Swap - Town of Wappinger Our File No. 5456.9526 JOSEPH H. GELLERT (1907-1989) WESTCHESTER OFFICE 35 PURCHASE. STREET RYE, NEW YORK IDS80 (914) 967-6200 FAX 914 967-6236 LONG 15LAND OFFICE 2001 MARCUS AVENUE, SUITE W95 LAKE SUCCESS, NEW YORK 11042 (516) 355-0905 TELEFAX TRANSMISSION and Regular Mail RECEIVED MAY 2 0 1993 SUPERVISOR'S OFFICE TOWN OF WAPPINGER Enclosed herewith are copies of letters received from Lawrence N. Marcus, Counsel to the New York State Office of Parks, Recreation and Historic Preservation regarding the above -referenced matter. This letter paves the way for the appropriate legislative action. While I have not had any response to my letter of May 12, 1993 from either Senator Saland or Assemblywoman Hickey, it would appear that the Town Board should pass a resolution requesting that the State Legislature pass the appropriate enabling legislation to permit the land swap between the Town and Mr. Fulton as per the contract with Mr. and Mrs. Fulton. If the agenda for Monday night is not completed, I would suggest that it be done Monday night. Quite frankly, I thought we would have received instructions from Darrin Ocke by this date but unfortunately we have not. I have made two phone calls to him and they have not been returned. Very truly yours, GELLE/R�T� & CUTLER, P.C. �l V�) ALBERT P.'—ROBERTS APR:vb Enclosure P�GP� pl' IOM .y�f0 0 9 r � 4 yy�77 4 r� o Fn New York State Office of Parks, Recreation and Historic Preservation n The Governor Nelson A. Rockefeller Empire State Plaza p NEW YORK STATE Agency Building 1, Albany, New York 12238 518-474-0456 Orin Lehman Commissioner May 14, 1993 4 Honorable Stephen M. Saland New York State Senator 946 Legislative office Bldg. Albany, NY Dear Senator Saland: Re: Parkland Alienation Proposal Town of Wappinger We have been acted by Albert P. Roberts on behalf of the Town of Wappinger. Town is seeking the authorization of the State Legislature forthe alienation of a small parcel of parkland located on Montfort Road. I am enclosing some information provided by Mr. Roberts in response to our customary request. In addition, the property in question has been inspected by our regional office. The proposal would permit the realignment of boundary lines by an even exchange of property. The properties are comparable in size and character. There are no recreational facilities on the parkland being alienated and no significant environmental resources on either parcel. No State or federal grants were awarded to the Town through this agency for use in connection with the recreational facility of which the parcel being alienated is a part. The Office of Parks, Recreation and Historic Preservation does not object to the enactment of legislation authorizing this exchange. We are enclosing a copy of Chapter 703 of the Laws 1983 which permitted the town of Niskayuna to undertake a similar exchange. You may wish to use this as a model for the Wappinger legislation. Please do not hesitate to contact me if I can give you any assistance on this matter. incerely, Lawrence N. Marcus Counsel cc: D. Degnan A. Roberts An Equal OpportunityIAffirmative Action Agency P�GPEATION .,y"TrO All, n Q 'a a 0 9 New York State Office of Parks, Recreation and Historic Preservation LL The Governor Nelson A. Rockefeller Empire State Plaza Q NEW YORK STATE az Agency Building 1, Albany, New York 12238 Orin Lehman commissioner May 14, 1993 Honorable Eileen M. Hickey New York State Assemblywoman 628 Legislative Office Bldg. Albany, NY Dear Assemblywoman Hickey: Re: Parkland Alienation Proposal Town of Wappinger. 518-474-0456 We have been conta:- :Iy Albert P. Roberts on behalf of the Town of Wappinger. The is seeking the authorization of the state Legislature for the .._-_enation of a small parcel of parkland located on Montfort Road. I am enclosing some information provided by Mr. Roberts in response to our customary request. In addition, the property in question has been inspected by our regional office. The proposal would permit the realignment of boundary lines by an even exchange of property. The properties are comparable in size and character. There are no recreational facilities on the parkland being alienated and no significant environmental resources on either parcel. No State or federal grants were awarded to the Town through this agency for use in connection with the recreational facility of which the parcel being alienated is a part. The Office of Parks, Recreation and Historic Preservation does not object to the enactment of legislation authorizing this exchange. We are enclosing a copy of Chapter 703 of the Laws 1983 which permitted the town of Niskayuna to undertake a similar exchange. You may wish to use this as a model for the Wappinger legislation. Please do not hesitate to contact me if I can give you any assistance on this matter. incerely, i l �-UL � Lawrence N. Marcus Counsel cc: G. Ennis A. Roberts An Equal Opportunity/ Affirmative Action Agency Agreement made this day of 199.3 by and between THE TOWN OF WAPPINGER., a municipal corporation having its principal place of business located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, hereinafter referred to as "THE TOWN",. and JOSEPH H. FULTON, JR. and EVELYN FULTON, residing at Montfort Road, Wappingers Falls, New York, hereinafter referred to as "FULTON". W I T N E S S E T H: WHEREAS, The Town owns certain lands presently used for recreational facilities located on Montfort Road in the Town of Wappinger, which premises are adjacent to property owned by Fulton; and WHEREAS, there is an existing barn located on the premises owned by the Town which is in close proximity to the common boundary line of the properties owned by the Town and Fulton; and WHEREAS, the parties have agreed to exchange equal parcels of land so as to permit the Town better access to the rear sides of the aforementioned barn. NOW, THEREFORE, in consideration of the mutual promises herein contained, it is hereby agreed -as follows: 1. EXCHAGE OF PARCELS. The Town and Fulton hereby agree to transfer equal parcels of land as more accurately depicted on a certain map entitled "Property Line Realignment Joseph and Evelyn Fulton and the Town of Wappinger" dated November 1987 and revised February S, 1992. Specifically, the Town hereby agrees to transfer the 1 premises described in Schedule "A" attached hereto and made hereof; and Fulton agrees to transfer the premises described in Schedule "B" attached hereto and made hereof. By execution of this agreement, Fulton hereby acknowledges receipt of a copy of the aforementioned map. 2. SPECIAL LEGISLATION. The parties acknowledge that since the premises owned by the Town are used for recreational purposes, the Town cannot sell or transfer same without special authorization from the New York State Legislature. The Town hereby agrees to undertake all steps necessary to have special legislation introduced into the New York State Legislature which will authorize this land transfer. In the event the State Legislature fails to adopt the necessary legislation within 18 months from the date of this agreement, this contract shall be deemed null and void. The Town hereby agrees to pay for all engineering and survey work required in connection with this transfer and further agrees to pay for the preparation of deeds and recordings charges to record the respective deeds in the Dutchess County Clerk's Office. 3. BINDING EFFECT. This agreement shall be binding on the respective heirs, executors, administrators, successors and assigns of the parties hereto. 4. SITUS. This agreement shall be construed and governed in 2 accordance with the laws of the State of New York. IN WITNESS WHEREOF, parties have executed this Agreement in four counterparts, each of which shall constitute an original. r 7.7l, 1.1 M STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) On the /% day of 199 , before me came CONSTANCE O. SMITH, to me known, who, being by me duly sworn did depose and say that she resides in the Town of Wappinger, New York, that she is the Supervisor of the TOWN OF WAPPINGER, the municipality described in, and which executed the foregoing instrument, and that by order of the Town Board, she signed here name thereto. NOTARY PUBLIC STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) On the /� day of 1992, before me personally came JOSEPH H. FULTON, JR. and EVELYN FULTON to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the sa NOTARY PUBLIC 3 To: Joseph and Evelyn Fulton From: The Town of Wappinger 0.043± Acre Parcel Town of Wappinger Dutchess County, New York Beginning at a point, said point being at the southwesterly corner of Lot No. 42 as shown on a map entitled "Serenity Mission" on file in the Dutchess County Clerks Office as File Map No. 4279, said point also being the northwesterly corner of lands now or formerly the Town of Wappinger, Liber 1346., -Page 381, and said point also being on the easterly line of Monfort Road; thence leaving said easterly road line and said common corner and running along the common line between Lot No. 42 to the North and the Town of Wappinger to the South, South 760 16' 59" East 91.70 Feet; thence leaving said common line and running through said lands of the Town of Wappinger, South 76° 06' 00" West 88.92 Feet to a point being on the easterly line of said Monfort Road; thence running along said easterly road line -North 3' 40' 30" West 43.19 Feet, to the point of beginninig containing 0`.043} acres of land. Paggi & Martin February 6, 1992 87-003 (129) r SCHEDULE "A" To: From: The Town of Wappinger Joseph and Evelyn Fulton 0.043} Acre Parcel Town of Wappinger Dutchess County, New York Beginning at a point, said point being at the southeasterly corner of Lot No. 42 as shown on a map entitled, "Serenity Mission" on file in the Dutchess County Clerks Office as File Map No. 4279, said point also being on the northerly line of lands now or formerly the Town of Wappinger, Liber 1346, Page 381; thence leaving said southeasterly corner and running along the southerly line of said Lot 42, and the northerly line of said Town of Wappinger, North 760 16' 5911 West 96.40 Feet; thence leaving said common line and running through said Lot 42, North 770 59' 20" East 90.42 Feet, to a point being on the easterly line of said Lot 42 said point also being on the northerly line of said Town of Wappinger; thence running along said easterly line of Lot No. 42 and the northerly line of said Town of Wappinger, South 70 07' 2011 East 42.00 Feet to the point of beginning containing 0.0431- acres of land. Paggi & Martin February 6, 1992, 87--003 (129) r SCHEDULE "B" SHELDON CUTLER LEONARD KLEIN ARTHUR L. GELLERT STEPHEN E.EHLERS PAUL J. GOLDSTEIN• JOHN A.GEOGWEGAN ALBERT P. ROBERTS LILLIAN S. WEIGERT CARL P, BARONE STEPHEN E. DIAMOND"• RAINA E. MA15SEL+ DAVID R. W15E" EMANUEL F. SARIS TERRY D. HORNER • ADMITTED 1N NY 8 FL '• ADMITTED IN NY, FL 6),4A ' ADMITTED IN NY 8 ENGLAND *' ADMITTED 1N NY 8 CT GELLERT 8 CUTLER, P. C. ATTORNEYS AND COUNSELORS AT LAW 75 WASHINGTON STREET POUGHKEEPSIE, NEW YORK 12601 (914) 454-3250 FAX: 914.454.4652 July 7, 1992 Han. Constance 0. Smith Supervisor, Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 Re: Montfort Road Barn Land Swap with Fulton Our File No. 5456.9526 Dear Connie: JOSEPH H. GELLERT (1907-1989) WESTCHESTER OFFICE 35 PURCHASE STREET RYE, NEW YORK 10580 (914) 967-6200 FAX 914 967-6236 LONG ISLAND OFFICE 2001 MARCUS AVENUE, SUITE W95 LAKE SUCCESS, NEW YORK 11042 (516) 355-0905 I enclose herewith a proposed contract between Mr, and Mrs. Fulton and the Town for the exchange of small parcels of land adjacent to the Montfort Road Barn. I have never heard directly from Mr. Fulton, however, Ralph Holt has indicated that Mr. Fulton spoke to him and said the proposed land swap as shown on Paggi and Martin map of November 1987, revised February 5, 1992 is acceptable. The enclosed contract author.izes.the land swap, subject to authorization by the State,.Legislature. This project was originally started in 1987, and an examination of the previous minutes indicates that the matter was discussed but no formal authorization was given by the Town for a specific land swap. Accordingly, I have prepared a resolution authorizing the land swap, authorizing you to sign the contract, and requesting the State Legislature to authorize this land swap. Please place this GELLERT 6 CUTLER, P.C. ATTORNEYS AND COUNSELORS AT LAW - Page 2 - matter on the next Town Board agenda for authorization or workshop. Very truly yours, GELLERT & CUT ER, F.C. r � ALBERT P. ROBERT APR/ aml cc: Mrs. Elaine Snowden Joseph E. Paggi, Jr., P.E. Mr. Ralph Holt RESOLUTION 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 the day of 1992 at 7:00 p.m. The meeting was called to order by Supervisor, Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor - Constance O. Smith Councilpersons, Robert L. Valdati June A. Visconti Robert P. Wallace, Jr. ABSENT: James Mills, Jr. The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board owns.certain property located on Montfort Road, which property is used and maintained as a Town park; and WHEREAS, the aforementioned Town owned property is contiguous and adjacent to property owned by Joseph and,Evelyn Fulton; and WHEREAS, situated on the Town property is a barn in close Proximity to the northerly property line; and WHEREAS, the Town Recreation Department has requested that the Town acquire from Mr, and Mrs. Fulton additional land to Provide better access to the rear of the barn as more accurately depicted in a survey map prepared by Paggi and Martin, Engineers and Surveyors, dated November 1987 and revised February 5, 1992; and equal parcels of land as.depicted in the aforementioned map prepared by Paggi and Martin; and WHEREAS, this exchange of land will require the consent of the New York State Legislature. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby authorizes a transfer of .043 acres of land from the Montfort Road recreation site to Joseph and Evelyn Fulton, in exchange for a .043 parcel of land to be conveyed from Joseph and Evelyn Fulton to the Town. 2. The Town Board hereby authorizes Constance O. Smith, Supervisor, to enter into a contract with Joseph and Evelyn Fulton for the exchange of the parcels as above indicated, said contract to be in form acceptable by the attorney to the Town. 3. The Town Board hereby directs Constance O. Smith, Supervisor to request that the New York State Legislature adopt appropriate legislation to permit the Town to transfer the parcel to Joseph and Evelyn Fulton in exchange for an equal parcel of land to be exchanged by Joseph and Evelyn Fulton to the Town; copies of the parcels to be exchanged are attached hereto respectively marked Schedule "A" and Schedule "B". 4. The Town Board further directs the Supervisor, Town Clerk, attorney to the Town and engineer to the Town to prepare and execute such documents that will be needed to effectuate this land transfer and to provide the New York State Legislature with all information necessary to adopt the required legislation. 2 The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Constance O. Smith Robert L. Valdati voting June A. Visconti voting Robert P. Wallace, Jr. voting James Mills, Jr, voting voting The Resolution is hereby declared duly adopted. Dated: 1992 3 ELAINE SNOWDEN Town Clerk . Town of Wappinger To: Joseph and Evelyn Fulton From: The Town of Wappinger 0.0431 Acre Parcel Town of Wappinger Dutchess County, New York Beginning at a point, said point being at the southwesterly corner of Lot No. 42 as shown on a map entitled "Serenity Mission" on file in the Dutchess County Clerks Office as File Map No. 4279, said point also being the northwesterly corner of lands now or formerly the Town of Wappinger, Liber 1346.., Page 381, and said point also being.on the easterly line of Monfort Road; thence leaving said easterly road line and said common corner and running along the common line between Lot No. 42 to the North and the Town of Wappinger to the South, South 760 16' 59" East 91.70 Feet; thence leaving said common line and running through said lands of the Town of Wappinger, South 760 06, 00,' West 88.92 Feet to a point being on the easterly line of said Monfort Road; thence running along said easterly road line -North 3° 401 30" West 43.19 Feet, to the point of beginning containing 0:.043-1 acres of land. Paggi & Martin February 6, 1992 87-003 (129) SCHEDULE "A" ,'.�^q'^:�, ...T �I.«.rr--r,.-n_,-..h.l++-Hw..4�rn�M.M'/Yv+M.'YM i^I'��'�.�"`n'�F'y.`!M .+yw.•�!'Y!�.aTM R.,. To: From: The Town of Wappinger Joseph and Evelyn Fulton 0.043± Acre Parcel. Town of Wappinger Dutchess County, New York Beginning at a point, said point being at the southeasterly corner of Lot No. 42 as shown on a map entitled, "Serenity Mission" on file in the Dutchess County Clerks Office as File Map No. 4279, said point also being on the northerly line of lands now or formerly the Town of Wappinger, Liber 1346, Page 381.; thence leaving said southeasterly corner and running along the southerly line of said Lot 42, and the northerly line of said Town of Wappinger, North 760 16' 59" West 96.40 Feet; thence leaving said common line and running through said Lot 42, North 770 59' 20" East 90.42 Feet, to a point being on the easterly line of said Lot 42 said point also being on the northerly line of -said Town of Wappinger; thence running along said easterly line of Lot No. 42 and the northerly line of said Town of Wappinger, South'711 07, 20" East 42.00 Feet to the point of beginning containing 0.043± acres of ,land. Paggi & Martin February 6, 1992-- 87-003 (129) SCHEDULE "B;' --._...,�.....-...iT..,�.i�.-.r.�......-.�....i�........�.��....x..n�wv_...yY��•�hZN M��.T....n�xwr. m•�: �. Mei. �.�-.} "'�M,n:IMi.!"hn•.^wK'�'.If yy. �F �,.T�h`y I'."Y•Mu.r.:.