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2010-2032010-203 Resolution to Authorize Transfer of Disputed Lands Between Tall Trees Water Improvement and Lot 45 on Map 3345, Subject to Permissive Referendum 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 24, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (arrived at 6:36 PM) Vincent F. Bettina Ismay Czarniecki (arrived at 6:23 PM) Joseph P. Paoloni (arrived at 6:48 PM) ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. WHEREAS, the Town owns and operates a well site and water distribution system through the Tall Trees Water Improvement Area on a parcel of land which was originally part of the Tall Trees Subdivision; and WHEREAS, Ernst Martin, a member of the firm of Paggi, Martin and Del Bene, previous engineers to the Town, has 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 3354; and WHEREAS, Cynthia J. Kablaoui was the previous owner of lot 45 on the aforementioned Tall Trees -Section 2 subdivision map; and WHEREAS, said lot 45 was immediately adjacent to the parcel owned and operated by the Tall Trees Water Improvement Area; and WHEREAS, when Kablaoui and her husband originally purchased the property, they were provided a survey of said lot 45 which inaccurately described the common boundary line between lot 45 and the well site parcel; and WHEREAS, Kablaoui had utilized the property described in their survey continuously since they purchased the property, and, in fact, a portion of the Kablaoui residence (a deck) is actually located on a portion of the disputed parcel; and WHEREAS, Ernst Martin, Jr, P.E., L.S., had prepared a legal description of the land needed to be transferred from the well site parcel to the Kablaoui parcel in order to cure the survey error originally created when the Tall Trees -Section 2 subdivision map was created, said description being attached hereto and made a part hereof marked and designated Schedule "A"; and WHEREAS, Kablaoui had hired McGarth and Company, Inc., Real Estate Appraisers, to undertake the appraisal of said disputed property containing 5,407 square feet which appraisal determined that the parcel is worth $975.00; and WHEREAS, pursuant to the Town Law § 198.12, property of a water district that is not required for purposes of the district may be sold upon authorization and Resolution of the Town Board, without a public hearing, if the property is valued less than $975.00; and WHEREAS, the Town Board, in its operation, maintenance and management of an improvement area is authorized to use all the powers of districts, including the powers set forth in § 198.12 of the Town Law; and WHEREAS, the Town Board, determines that the disputed area, described in Schedule "A" attached hereto, it not needed for the purposes of the Tall Tree Water Improvement, and had been actively used and occupied by Kablaoui or their successors for a period in excess of 35 years; and WHEREAS, Kablaoui has sold the property and is no longer in title; and WHEREAS, the former Kablaoui property has been foreclosed upon and is being purchased by Mr. Robert Kunkel; and WHEREAS, the attorney to the Town, ALBERT P. ROBERTS, has advised the Town Board that, because of the survey errors and related title issues, the property described in Schedule A has nominal value; and WHEREAS, the Town Board, by resolution number 2002-239, adopted on August 5, 2002, authorized the property described in Schedule "A" to be sold by the Town to Kablaoui; and WHEREAS, Kablaoui never took the necessary steps to acquire the property; and WHEREAS, the surveyor for Kunkel has noted the survey errors; and WHEREAS, Kunkel has agreed to pay the Town $975.00 for the property described in Schedule "A", together with unpaid escrow amounts due the Town, as well all other associated costs in transferring the subject property to him. NOW, THEREFORE, BE IT RESOLVED 1. The recitations above set forth are incorporated in the 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 Improvement Area, hereby authorizes the sale of the premises described in Schedule A to Robert Kunkel and/or his designees or assigns. 3. The Town Board hereby acknowledges the appraisal prepared by McGarth & Company, 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 accepts the determination of McGarth & Company, Inc., that the subject parcel described in Schedule A has a value of Nine Hundred Seventy -Five Dollars and 00/100 ($975.00) or less and hereby agrees to accept payment in such amount as consideration for the sale and said parcel to Robert Kunkel and/or his designees or assigns. 4. The Town Board further determines that, on behalf of the Tall Trees Water Improvement Area, that the premises are not needed for the water improvement purposes. 5. The Town Board further acknowledges that the premises described in Schedule A had been under the practical use and control of Kablaoui and her successors and assigns for approximately 35 years or more. 6. Upon payment of the above referenced sums, including all professional fees and disbursements incurred by the Town on behalf of the Tall Trees Water Improvement Area, Christopher J. Cosley, Supervisor, is hereby authorized to take all steps necessary to effectuate a transfer of the disputed parcel to Robert Kunkel and to execute any and all legal instruments, including Deed, TP -584 and Equalization Assessment Form together with such other documents as may be necessary to transfer title to the disputed parcel to Robert Kunkel and/or his designees or assigns. 7. The sale of the premises described in Schedule "A" to Robert Kunkel or his designees and/or assigns is expressly conditioned on the said Robert Kunkel paying for all costs and expenses associated with this transfer, including all professional fees incurred by the Town to enable the disputed parcel to be transferred to the said Robert Kunkel. 8. Albert P. Roberts, Attorney to the Town of Wappinger, is her authorized to undertake all steps necessary and to prepare such legal documents as are necessary including Quit Claim Deed, TP -584 and Equalization and Assessment Form necessary to transfer the parcel described in Schedule "A" to said Robert Kunkle and/or his designees or assigns. 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 5/24/2010 The Resolution is hereby duly declared adopted. Q L -� (j: v ' S JOHN C. MASTERSON, TOWN CLERK o -- 5,4071 Square Foot parcel From: The Tvwtn gf Wappiriger TMM of W'eppinger TO Mahmo t blaoui Dutchoss county, New York Beginning at a point, said point being distatst, South 44° 361 30" West 13.56 feat from the northwest Corner of Lot No. 45 as shown n map entitled, "Tall Trees ..Section IV on fele in the 'DUt=hss County on Clerk., s Office. as Pile. Nap No. 3354, said point of beginning the westerly line of said Lot vo. 43 an t eTrees easterly line ejOfilands now or formerly The Toam of Wgppinq Dint of egiaain1 and continuing 1401, Page 349," thence leaving said p clang the westerly line of mat Lot �outh5tressterly corn3er+a�asa Lot 257.48 fast to a point .beingthe No. 45, said point also being at the southerly *0 � r of also being on atorementioned lanais of th* Town of V`apping t the anrth�arly line of .ands noir or former'l�y Rempass Liber thg3no 2iex 1.y 88 i t2Yettce leaving said cosamon corner a1 r r line of said Kompass, gorth 44• 23' 10 of West 4Z.D7threti. ththence leaving said northerly'3AAe Of Xo-mpasa and Nor53° 5�' Z East aforamintiched lands of the T*Wn of Wapping 259.77 feet to the point of beginning containing 5,+407# square f'ee't Of land. scmuaw 00