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2002-239RESOLUTION NO. 2002-239 RESOLUTION TO AUTHORIZING THE PURCHASE OF A PORTION OF THE COMMON BOUNDARY LINE BETWEEN LOT NO. 45 AND THE TALL TREES WATER DISTRICT PARCEL h:✓ The following Resolution was introduced by Mr, yaldati and seconded by WHEREAS, the Town Board has received a Memorandum dated January 20, 1995 from Ernst Martin, Jr., P.E., L.S., a member of the firm Paggi, Martin & Del Bene, Engineers to the Town, wherein Mr. Martin described a series of survey errors within the subdivision known as "Tall Trees — Section 2" filed in the Dutchess County Clerk's office as Map No. 3354; and WHEREAS, the Town owns and operates a well site and water distribution system known as the Tall Trees Water District on a parcel of land which was originally a part of the Tall Trees Subdivision above referred to; and WHEREAS, Cynthia J. Kablaoui is the owner of the parcel immediately adjacent to the parcel owned by the Tall Trees Water District, which parcel is known as Lot No. 45 as shown on Map entitled Tall Trees — Section 2" filed in the Dutchess County Clerk's office as Map No. 3354; and WHEREAS, Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, originally purchased the aforementioned Lot No. 45 in 1969, however, title to said property has subsequently been transferred to Cynthia J. Kablaoui, individually; and WHEREAS, when Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, originally purchased the property, they were also provided a survey of said parcel which inaccurately described the common boundary line between Lot No. 45 and the Tall Trees Water District parcel; and O:\WAPPINGE\Town Board\RESOLUTION\KablaouiPurchase.doc WHEREAS, Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, have utilized the property described in their survey continuously since they purchased the property and, in fact, a portion of the Kablaoui residence (the deck) and a portion of their driveway are actually located on a portion of the parcel owned by the Tall Trees Water District; and WHEREAS, upon information supplied by Dr. Kablaoui, the survey errors in the subdivision impacts not only the lot owned by Cynthia J. Kablaoui, but other lots to the immediate east of the Kablaoui parcel; and WHEREAS, Ernst Martin, Jr., P.E., L.S. has prepared a legal description of the land needed to be transferred from the Tall Trees Water District parcel to the Kablaoui parcel to cure the errors originally created by the inaccurate survey provided to Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, said legal description being attached hereto and made part hereof marked and designated Schedule A; and WHEREAS, Cynthia J. Kablaoui has hired McGrath & Company, Inc., Real Estate Appraisers and Counselors, to undertake an appraisal of said parcel containing 5,407+ square feet, which appraisal determined that the parcel was worth Nine Hundred and Seventy Five Dollars ($975.00); and WHEREAS, pursuant to Town Law §215.8 and §198.12, property of a water district not required for purposes of the district may be sold upon authorization and resolution of the Town Board; and WHEREAS, it has been determined that the particular area in question described in Schedule A attached hereto is not needed for the purposes of the Tall Trees Water District, and in fact, has been actively used by Dr. Mahmoud S. Kablaoui and his wife, Cynthia J. Kablaoui, for a period in excess of thirty (30) years; and O:\WAPPINGE\Town Board\RESOLUTION\KablaouiPurchase.doc WHEREAS, pursuant to Town Law §215.8 and § 198.12, no public hearing is required because the value of the property is less than One Thousand Dollars ($1,000.00). 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 on the information referenced above, the Town Board, on behalf of the Tall Trees Water District, hereby authorizes the sale of the premises described in Schedule A to Cynthia J. Kablaoui and/ or her designee or assigns. 3. The Town Board hereby acknowledges the appraisal prepared by McGrath & Company, Inc. dated July 18, 2002 and addressed to Mr. Mahmoud Kablaoui at 6 Amherst Lane, Wappingers Falls, New York 12590, a copy of which is on file with the Town Clerk; the Town Board further accepts the determination of McGrath & Company, Inc. that the subject parcel described in Schedule A has a value of Nine Hundred and Seventy Five Dollars ($975.00) and hereby agrees to accept payment in such amount as consideration for the sale of said parcel to Cynthia J. Kablaoui and/ or her designee or assigns. 4. The Town Board further determines that on behalf of the Tall Trees Water District, that the premises described in Schedule A are not needed for the Water District's purposes and the Town Board further acknowledges that the premises described in Schedule A have been under the practical use and control of said Cynthia J. Kablaoui and/ or her husband for the past 30 years or more. O:\WAPPINGE\Town Board\RESOLUTION\KablaouiPurchase.doc 5. Upon payment of the above referenced consideration, and all related professional fees and disbursements incurred by the Town of Wappinger on behalf of the Tall Trees Water District, Joseph Ruggiero, Supervisor, is hereby authorized to take all steps necessary and to . ,. execute any and all legal instruments, including Deed, TP -584 and Equalization and Assessment Form and such other documents as may be necessary to transfer title to the said Cynthia J. Kablaoui and/ or her designee or assigns. 6. The sale of the above referenced premises to Cynthia J. Kablaoui or her designee and/or assignees is also further conditioned on the said Cynthia J. Kablaoui paying for all costs and expenses associated with this transaction including all legal fees and engineering fees incurred by the Town on behalf of the Tall Trees Water District to enable this property to be sold to said Cynthia J. Kablaoui. 7. Joseph E. Paggi, Jr., P.E., Engineer to the Town of Wappinger, is hereby authorized to undertake and prepare a lot line revision map and to make application to the Planning Board to approve the lot line adjustment between the parcel owned by the Tall Trees Water District and the parcel owned by the said Cynthia J. Kablaoui, known as Lot No. 45 on filed Map No. 3354 and to take all other steps necessary to permit the parcel described in Schedule A to be in proper form for sale to said Cynthia J. Kablaoui. 8. Albert P. Roberts, Attorney to the Town of Wappinger, is hereby authorized to undertake all steps necessary and to prepare such legal documents as are necessary including Deed, TP -584 and Equalization and Assessment Form necessary to transfer the parcel in Schedule A to said Cynthia J. Kablaoui and/ or her designee or assigns. O:\WAPPINGE\Town Board\RESOLUTION\KablaouiPurchase.doc 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 CHRISTOPHER J. COLSEY, Councilman Voting Aye Dated: Wappingers Falls, New York August 5, 2002 The Resolution is hereby duly declared adopted. AGL A J. MOR ERK O:\WAPPINGE\Town Board\RESOLUTION\KablaouiPurchase.doc From: The Town of Wappinger To: Mahmoud Kablaoui 5,407± Square Foot Parcel Town of Wappinger Dutchess County, New York Beginning at a point, said point being distant, South 440 36' 30" West 18.56 feet from the northwest corner of Lot No. 45 as shown on a map entitled, "Tall Trees - Section II" on file in the Dutchess County Clerk's Office as File Map No. 3354, said point of beginning being on the westerly line of said Lot No. 45 and the easterly line of lands now or formerly The Town of Wappinger (Tall Trees Well Site), Liber 1401, Page 348; thence leaving said point of beginning and continuing along the westerly line of said Lot No. 45, South 440 36' 30" West 257.08 feet to a point being at the southwesterly corner of said Lot No. 45, said point also being at the southerly corner of the aforementioned lands of the Town of Wappinger, said point also being on the northerly line of lands now or formerly Kompass, Liber 730, Page 189; thence leaving said common corner and running along the northerly line of said Kompass, North 440 23' 10 " West 42.07 feet; thence leaving said northerly line of Kompass and running through the aforementioned lands of the Town of Wappinger, North 530 55' 40" East 259.77 feet to the point of beginning containing 5,407± square feet of land. SCHEDULE "A"