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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 William H. Beale Voter      Defeated Angela Bettina Seconder     Tabled  Christopher Phillips Voter     Withdrawn  Michael Kuzmicz Mover     The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilwoman Bettina.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