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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. Q0- 0 kg� /ViN—C.'14ASTERSON, TOWN CLERK