2006-1372006-137
COPY
Resolution Authorizing Conditional 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 May 22nd
2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmembers - Robert L. Valdati
Vincent F. Bettina (arrived at 7:37 PM)
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, by letter dated May 3, 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 agreed to accept the land 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 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", subject to:
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 H Environmental Audit.
C. The title to the premises being transferred free and clear of any liens,
encumbrances or defects.
g ► M
Upon receipt of an Environmental Audit satisfactory to the Engineer to the Town
and to the Attorney of the Town, the Town Supervisor is authorized to accept the
deed of conveyance and to execute any documents necessary to have said deed
recorded in the Dutchess County Clerk's office and to pay recording costs thereof.
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
5/22/2006
The Resolution is hereby duly declared adopted.
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