2010-3172010-317
Resolution Authorizing Execution of Conditional License and Release Agreement in
Connection with Lot 8 of Section 1, Parcel 1, Meadowood Subdivision
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 October
12, 2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale (Arrived 6:14PM)
Vincent F. Bettina
Ismay Czarniecki (Arrived 6:09PM)
Joseph P. Paoloni
The following Resolution was introduced by Supervisor Colsey and seconded by
Councilman Beale.
WHEREAS, Meadowood Development Corp., the owner and developer of the above
referenced subdivision known as Section 1, Parcel 1, Meadowood Subdivision, and filed in the
Dutchess County Clerk's Office on November 10, 2004, as Filed Map No. 11210A, as one of the
conditions to receiving Final Subdivision Plat Approval, offered for dedication an Easement for
Sewer, Storm Sewer and Water Purposes (hereafter the "Easement") located on Lot 8 within said
subdivision; and
WHEREAS, Rashid Ahmad and Henry Wilkerson are the owners of the aforementioned
Lot 8; and
WHEREAS, trees have been planted in the Permanent Easement Area identified in the
aforementioned easement; and
WHEREAS, the Town Board acknowledges that there are no immediate plans to
exercise its rights in the Easement for Sewer, Storm Sewer and Water Purposes to be accepted
simultaneously with the execution and recording of this Conditional License and Release; and
WHEREAS, the Town Board hereby authorizes the owners of Lot 8, Rashid Ahmad and
Henry Wilkerson, to maintain the existing trees within the easement as set forth in the
Conditional License and Release Agreement, a copy of which is attached to this Resolution as
Exhibit "A".
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. Based upon the particular circumstances of this matter, the Town Board agrees to
accept the Easement for ornamental trees planted within the Permanent Easement
Area upon the terms and conditions set forth in the Conditional License and
Release Agreement, a copy of which is affixed hereto.
3. The Town Board hereby authorizes Supervisor Christopher J. Colsey to execute
the Conditional License and Release Agreement by and on behalf of the Town of
Wappinger and further authorizes Attorney to the Town, Albert P. Roberts to take
whatever steps are necessary to have said document recorded in the Dutchess
County Clerk's Office.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting: AYE
WILLIAM H. BEALE, COUNCILMAN
Voting: AYE
VINCENT F. BETTINA, COUNCILMAN
Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
Dated: Wappingers Falls, New York
10/12/2010
The Resolution is hereby duly declared adopted.
0
J C. ASTERSON, TOWN CLERK
CONDITIONAL LICENSE AND RELEASE TO MAINTAIN
PLANTINGS IN EASEMENT
THIS CONDITIONAL LICENSE AND RELEASE AGREEMENT is made
on the day of September, 2010, by and between
RASHID AHMAD and HENRY WILKERSON,
residing at 39 Whites Corner Lane,
Hopewell Junction, New York 12533
hereinafter referred to as the "OWNERS"
and
THE TOWN OF WAPPINGER,
a Municipal Subdivision,
with offices situated at Town Hall, 20 Middlebush Road,
Wappingers Falls, New York 12590,
hereinafter referred to as the "TOWN".
WHEREAS, the OWNERS own a certain parcel of property commonly referred
to as 39 Whites Corners Lane, Hopewell Junction, New York 12533, and also known as
Lot 8 on Map No. 11210A filed in the Dutchess County Clerk's Office on November 10,
2004, and which is more particularly described in a certain deed from O'Donnell & Sons,
Inc. to Rashid Ahmad and Henry Wilkerson, which deed was recorded in the Office of
the Dutchess County Clerk on March 1, 2007 at document number 02 1555 2007; and
WHEREAS, Meadowood Development Corp., the owner and developer of the
above referenced subdivision known as Section 1, Parcel 1, Meadowood Subdivision and
filed in the Dutchess County Clerk's Office on November 10, 2004 as Filed Map No.
11210A, as one of the conditions to receiving Final Subdivision Plat Approval, offered
for dedication an Easement for Sewer, Storm Sewer and Water Purposes (hereafter the
"Easement") located on Lot 8 within said subdivision; and
WHEREAS, the proposed Easement offered for dedication to the Town prohibits
any permanent structures within the Permanent Easement Area; and
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WHEREAS, through inadvertence, the OWNERS of Lot 8 have allowed an
adjoining neighbor to plant ornamental trees within the Permanent Easement Area
running the full length of the Easement; and
WHEREAS, it does not appear that the Town of Wappinger will be exercising its
rights under the easement in the foreseeable future and has agreed to accept the Easement
with the trees located within the Permanent Easement Area; and
WHEREAS, the OWNERS acknowledge that in the event the TOWN
subsequently utilizes the rights afforded by the Easement, by installing underground
potable waterlines or other utilities within the Permanent Easement Area that any trees or
other plantings within the Permanent Easement Area may have to be disturbed and/or
removed at the sole discretion of the Town of Wappinger, its agents and employees, and
that the TOWN will not be obligated to replace and/or reimburse the OWNERS for the
loss thereof.
NOW, THEREFORE, THE PARTIES COVENANT & AGREE AS
FOLLOWS:
1. Recitations Incorporated. The recitations above set forth are incorporated in
this Conditional License and Release Agreement as if fully set forth and recited herein.
2. Revocable License.
A. The TOWN hereby grants to OWNERS a revocable license to maintain the
existing trees or other plantings, within the Easement as the same exists as of the date of
the execution of this instrument.
B. The OWNERS will not be permitted to replace any trees or plant additional
trees or shrubs, except grass, within the Permanent Easement Area without the express
written consent of the Town Board of the Town of Wappinger, which consent shall be
evidenced by a Resolution duly adopted by the Town Board at a meeting and adopted in
accordance with law.
C. The OWNERS shall not be permitted to plant any other plants or shrubs
within the Permanent Easement Area except as aforesaid.
3. Release and Indemnification. The OWNERS hereby remise, release,
discharge and agree to indemnify, save and hold harmless the TOWN, and its officers,
agents and employees, and will hold the TOWN free and harmless against any claim,
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cause of action or damage to the aforementioned trees arising out of the construction and
installation of any pipes and appurtenances within the Permanent Easement Area in the
exercise of any of the rights afforded to the TOWN pursuant to the Easement granted to
the TOWN as aforesaid.
4. Binding Effect. These terms, covenants and agreement set forth in this
Conditional License and Release Agreement shall be binding on the OWNERS, and their
respective heirs, distributees, legal representatives, successors, assigns and all subsequent
owners of Lot 8 on Filed Map No. 11210A filed in the Dutchess County Clerk's Office
on November 10, 2004.
hid Ahmad, Owner
Henry W k rson, Owner
TOWN OF WAPPINGER
By:
Christopher J. Colsey, Supervisor
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ACKNOWLEDGEMENTS
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the day of September, 2010, before me, the undersigned, personally
appeared RASHID AHMAD known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
4cto e'
On the I day o er, 2010, before me, the undersigned, personally
appeared HENRY WILKERSON known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of 'ch the
individual act ��e�cV NERYtrument.
Notary Public - State of New York
ID No. 5002088 91A f� _
Qualified in Ulster County f Notary Public
My Commission Expires September 21,
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the day of September, 2010, before me, the undersigned, personally
appeared CHRISTOPHER J. COLSEY known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
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TP -584 (03/07) New York State Department of Taxation and Finance
Combined Real Estate
Transfer Tax Return,
Credit Line Mortgage Certificate, and
Certification of Exemption from the
Payment of Estimated Personal Income Tax
Recording office time stamp
See Form TP -584-1, Instructions
for Form TP -584 before comptenng rnis corm. rrease pant u, Iy,,c.
City/Village
Schedule A — Information
Grantor/Transferor
® Individual
❑ Corporation
El Partnership
❑ Trust
Other
El Other
Granteefrransferee
relating to conveyance
Name (If individual; last, first, middle initial)
Ahmad, Rashid and Wilkerson, Henry
Social security number
Mailing address
39 Whites Corner Lane
Social curity number
01 � 0-9i )—+0 -
City State ZIP code
Hopewell Junction New York 12533
Name (If individual; last, first middle initial)
Federal employer Went. number
Social security number
❑ Individual
❑ Corporation
❑ PartnershipCity
❑ Estate/Trust
"kr
Town of Wappinger
882153
Mailing address
20 Middlebush Road
Social security number
State ZIP code
Waooinoers Falls New York 12590
Federal employer ident. number
14-6002488
Location and description of property conveyed
Tax map designation
Address
City/Village
Town
County
Section Block
Lot
39 Whites Comer Lane
Wappinger
Dutchess
6257 04
882153
Type of property conveyed (check applicable box)
1 ❑ One -to three-family house 5 ❑ Commercial/Industrial Date of conveyance Percentage of real property
2 ❑ Residential cooperative 6 ❑ Apartment building conveyed which is residential
3 ❑ Residential condominium 7 ❑ Office building 2010 real property 0 %
month day year (see instructions)
4 F-1Vacantland 8 ® Other Release and
Conditional License
Condition of conveyance (check all that apply)
a. ❑ Conveyance of fee interest
b. ❑ Acquisition of a controlling interest (state
percentage acquired %)
c. ❑ Transfer of a controlling interest (state
percentage transferred %)
d. ❑ Conveyance to cooperative housing
corporation
e. ❑ Conveyance pursuant to or in lieu of
foreclosure or enforcement of security
interest (attach Form TP -584.1, Schedule E)
f.❑ Conveyance which consists of a mere
change of identify or form of
ownership or organization (attach
Form TP -584.1, Schedule F)
g.❑ Conveyance for which credit for tax
previously paid will be claimed (attach
Form TP -584.1, Schedule G)
h.❑ Conveyance of cooperative apartment(s)
I. ❑ Syndication
j. ❑ Conveyance of air rights or
development rights
k ❑ Contract assignment
I. ❑ Option assignment or surrender
m.❑ Leasehold assignment or surrender
n.0 Leasehold grant
o. ❑ Conveyance of an easement
p. ® Conveyance for which exemption from
transfer tax claimed (complete
Schedule B, Part 111)
q, ❑ Conveyance of property partly within
and partly outside the state
r. ❑ Other (describe)
For recording officer's use
Amount received
Schedule B. Part 1 $
Date received
Transaction number
Schedule B., Part 11 $
Page 2 of 4 TP -584 (03/07)
Schedule B Real estate transfer tax return (Tax Law, Article 31)
Part I — Computation of tax due
1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the
exemption claimed box, enter consideration and proceed to Part 111) ............................ ® Exemption claimed
2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ....................................
3 Taxable consideration (subtract line 2 from line 1).............................................................................................
4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ..................................................
5 Amount of credit claimed (see instructions and attach Form TP -584.1, Schedule G) ......................................
6 Total tax due* (subtract line 5 from line 4).............................................................................................
1.
$0.00
2.
$0.00
3.
$0.00
4,
$0.00
5.
a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities,
or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or
6.
agencies, .....
compact with another state or Canada) ........................................................................................
Part II — Computation of additional tax due on the conveyance of residential real property for $1 million or more
1 Enter amount of consideration for conveyance (from Part 1, line 1)................................................................. 1. $0.00
in Schedule A) 2. $0.00
2 Taxable consideration (multiply line t by the pementege of rhe premises which is residenliel real property, as shown ......
3.
$0.00
3 Total additional transfer tax due* (multiply line 2 by 1% (.01))............................................................................
Part III — Explanation of exemption claimed on Part I, line 1 (check any boxes that apply)
The conveyance of real property is exempt from the real estate transfer tax for the following reason:
a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities,
or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or
a
agencies, .....
compact with another state or Canada) ........................................................................................
b El
b. Conveyance is to secure a debt or other obligation.......................................................................................................................
c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ..........................
c ❑
d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying
El
realtyas bona fide gifts........................................................................................................................................................................
e E-1.
e. Conveyance is given in connection with a tax sale.............................................................. ................................................
f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial
cannot be claimed for a conveyance to a cooperative housing corporation of real property
❑
ownership. (This exemption
comprising the cooperative dwelling or dwellings.) Attach Form TP -584.1, Schedule F ..................................................
f
g ❑
g. Conveyance consists of deed of partition......................................................................................................................................
h ❑
In. Conveyance is given pursuant to the federal Bankruptcy Act ..................... .................................................................................
i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or
i ❑
the granting of an option to purchase real property, without the use or occupancy of such property ..............................................
j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the
is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence
consideration
and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a
in connection with the grant or transfer of a proprietary leasehold covering an individual........
❑
cooperative housing corporation
1
residential cooperative apartment.................................................................. ...........................................................................
k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents
k ❑
supporting such claim) ................................................................................................ .......................................................................
.........
I ❑
I. Other (attach explanation)............................................................................... .....................................................................
*Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York
If recording is not required, send this return and your check(s) made
City, make check(s) payable to the NYC Department of Finance. a
to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, REIT Return Processing, PO Box 5045,
payable
Albany NY 12205-5045.
Page 3 of 4 TP -584 (03/07)
le C — Credit Line Mortgage C
Complete the following only if the Interest being transferred is a fee simple interest.
I (we) certify that: (check the appropriate box)
1. ® The real property being sold or transferred is not subject to an outstanding credit line mortgage.
2. ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax
is claimed for the following reason:
❑ The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the
real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer.
❑ The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to
one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real
property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for
the benefit of a minor or the transfer to a trust for the benefit of the transferor).
❑ The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court.
❑ The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold
or transferred is not principally improved nor will it be improved by a one- to six -family owner -occupied residence or dwelling.
Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as
described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.
See TSB -M -96(6)-R for more information regarding these aggregation requirements.
❑ Other (attach detailed explanation).
3. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the
following reason:
❑ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed.
❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a
satisfaction of such mortgage will be recorded as soon as it is available.
4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in
(insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured
by the mortgage is . No exemption from tax is claimed and the tax of is
being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in
New York City, make check payable to the NYC Department of Finance.)
Signature both the grantor(s) and grantee s must sign)
The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or
attachment, is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to
receive a copy for purposes of recording the deed or other instrument effecting the conveyance.
Christopher J. Colsey
-r�
Henry WilkersK—J
Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you
checked e, f, or g in Schedule A, did you complete Form TP -584.1? Have you attached your check(s) made payable to the county clerk
where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required,
send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return
Processing, PO Box 5045, Albany NY 12205-5045.
Page 4 of 4 TP -584 (03107)
Schedule D Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22 section 663)
Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust.
Part I - New York State residents
If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP -584 (or an attachment to Form TP -584), you
must sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,
each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as
many schedules as necessary to accommodate all resident transferors/sellers.
Certification of resident transferor s /seller s
This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below
was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon
the sale or transfer of this real property or cooperative unit.
Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of
recording a deed.
Part II - Nonresidents of New York State
If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP -584 (or an attachment to Form TP -584)
but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c),
check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that
transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each
nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed,
please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers.
If none of these exemption statements apply, you must complete Form IT -2663, Nonresident Real Property Estimated Income Tax
Payment Form, or Form IT -2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment
of estimated personal income tax on page 1 of Form TP -584-I.
This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property
or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due
to one of the following exemptions:
D The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence
(within the meaning of Internal Revenue Code, section 121) from to (see instructions).
The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure
with no additional consideration.
The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of
New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government
National Mortgage Association, or a private mortgage insurance company.
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