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2010-3172010-317 Resolution Authorizing Execution of Conditional License and Release Agreement in Connection with Lot 8 of Section 1, Parcel 1, Meadowood Subdivision 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 October 12, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale (Arrived 6:14PM) Vincent F. Bettina Ismay Czarniecki (Arrived 6:09PM) Joseph P. Paoloni The following Resolution was introduced by Supervisor Colsey and seconded by Councilman Beale. WHEREAS, Meadowood Development Corp., the owner and developer of the above referenced subdivision known as Section 1, Parcel 1, Meadowood Subdivision, and filed in the Dutchess County Clerk's Office on November 10, 2004, as Filed Map No. 11210A, as one of the conditions to receiving Final Subdivision Plat Approval, offered for dedication an Easement for Sewer, Storm Sewer and Water Purposes (hereafter the "Easement") located on Lot 8 within said subdivision; and WHEREAS, Rashid Ahmad and Henry Wilkerson are the owners of the aforementioned Lot 8; and WHEREAS, trees have been planted in the Permanent Easement Area identified in the aforementioned easement; and WHEREAS, the Town Board acknowledges that there are no immediate plans to exercise its rights in the Easement for Sewer, Storm Sewer and Water Purposes to be accepted simultaneously with the execution and recording of this Conditional License and Release; and WHEREAS, the Town Board hereby authorizes the owners of Lot 8, Rashid Ahmad and Henry Wilkerson, to maintain the existing trees within the easement as set forth in the Conditional License and Release Agreement, a copy of which is attached to this Resolution as Exhibit "A". 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 upon the particular circumstances of this matter, the Town Board agrees to accept the Easement for ornamental trees planted within the Permanent Easement Area upon the terms and conditions set forth in the Conditional License and Release Agreement, a copy of which is affixed hereto. 3. The Town Board hereby authorizes Supervisor Christopher J. Colsey to execute the Conditional License and Release Agreement by and on behalf of the Town of Wappinger and further authorizes Attorney to the Town, Albert P. Roberts to take whatever steps are necessary to have said document recorded in the Dutchess County Clerk's Office. 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 10/12/2010 The Resolution is hereby duly declared adopted. 0 J C. ASTERSON, TOWN CLERK CONDITIONAL LICENSE AND RELEASE TO MAINTAIN PLANTINGS IN EASEMENT THIS CONDITIONAL LICENSE AND RELEASE AGREEMENT is made on the day of September, 2010, by and between RASHID AHMAD and HENRY WILKERSON, residing at 39 Whites Corner Lane, Hopewell Junction, New York 12533 hereinafter referred to as the "OWNERS" and THE TOWN OF WAPPINGER, a Municipal Subdivision, with offices situated at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the "TOWN". WHEREAS, the OWNERS own a certain parcel of property commonly referred to as 39 Whites Corners Lane, Hopewell Junction, New York 12533, and also known as Lot 8 on Map No. 11210A filed in the Dutchess County Clerk's Office on November 10, 2004, and which is more particularly described in a certain deed from O'Donnell & Sons, Inc. to Rashid Ahmad and Henry Wilkerson, which deed was recorded in the Office of the Dutchess County Clerk on March 1, 2007 at document number 02 1555 2007; and WHEREAS, Meadowood Development Corp., the owner and developer of the above referenced subdivision known as Section 1, Parcel 1, Meadowood Subdivision and filed in the Dutchess County Clerk's Office on November 10, 2004 as Filed Map No. 11210A, as one of the conditions to receiving Final Subdivision Plat Approval, offered for dedication an Easement for Sewer, Storm Sewer and Water Purposes (hereafter the "Easement") located on Lot 8 within said subdivision; and WHEREAS, the proposed Easement offered for dedication to the Town prohibits any permanent structures within the Permanent Easement Area; and -1- 0:\Wappinger\PlanningBoard\Meadowood\Section 1, Parcel l\Lieense to Maintain Plantings in Easement.doe 9/20/20104:41:09 PM WHEREAS, through inadvertence, the OWNERS of Lot 8 have allowed an adjoining neighbor to plant ornamental trees within the Permanent Easement Area running the full length of the Easement; and WHEREAS, it does not appear that the Town of Wappinger will be exercising its rights under the easement in the foreseeable future and has agreed to accept the Easement with the trees located within the Permanent Easement Area; and WHEREAS, the OWNERS acknowledge that in the event the TOWN subsequently utilizes the rights afforded by the Easement, by installing underground potable waterlines or other utilities within the Permanent Easement Area that any trees or other plantings within the Permanent Easement Area may have to be disturbed and/or removed at the sole discretion of the Town of Wappinger, its agents and employees, and that the TOWN will not be obligated to replace and/or reimburse the OWNERS for the loss thereof. NOW, THEREFORE, THE PARTIES COVENANT & AGREE AS FOLLOWS: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Conditional License and Release Agreement as if fully set forth and recited herein. 2. Revocable License. A. The TOWN hereby grants to OWNERS a revocable license to maintain the existing trees or other plantings, within the Easement as the same exists as of the date of the execution of this instrument. B. The OWNERS will not be permitted to replace any trees or plant additional trees or shrubs, except grass, within the Permanent Easement Area without the express written consent of the Town Board of the Town of Wappinger, which consent shall be evidenced by a Resolution duly adopted by the Town Board at a meeting and adopted in accordance with law. C. The OWNERS shall not be permitted to plant any other plants or shrubs within the Permanent Easement Area except as aforesaid. 3. Release and Indemnification. The OWNERS hereby remise, release, discharge and agree to indemnify, save and hold harmless the TOWN, and its officers, agents and employees, and will hold the TOWN free and harmless against any claim, -2- 0:\Wappinger\PlanningBoard\Meadowood\Section 1, Parcel 1\License to Maintain Plantings in Easement.doc 920/20104:41:09 PM cause of action or damage to the aforementioned trees arising out of the construction and installation of any pipes and appurtenances within the Permanent Easement Area in the exercise of any of the rights afforded to the TOWN pursuant to the Easement granted to the TOWN as aforesaid. 4. Binding Effect. These terms, covenants and agreement set forth in this Conditional License and Release Agreement shall be binding on the OWNERS, and their respective heirs, distributees, legal representatives, successors, assigns and all subsequent owners of Lot 8 on Filed Map No. 11210A filed in the Dutchess County Clerk's Office on November 10, 2004. hid Ahmad, Owner Henry W k rson, Owner TOWN OF WAPPINGER By: Christopher J. Colsey, Supervisor -3- O:\Wappinger\PlanningBoard\Meadowood\Section 1, Parcel 1\License to Maintain Plantings in Easement.doc 9/20/20104:41:09 PM ACKNOWLEDGEMENTS STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the day of September, 2010, before me, the undersigned, personally appeared RASHID AHMAD known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) 4cto e' On the I day o er, 2010, before me, the undersigned, personally appeared HENRY WILKERSON known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of 'ch the individual act ��e�cV NERYtrument. Notary Public - State of New York ID No. 5002088 91A f� _ Qualified in Ulster County f Notary Public My Commission Expires September 21, STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) On the day of September, 2010, before me, the undersigned, personally appeared CHRISTOPHER J. COLSEY known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- O:\Wappinger\PlanningBoard\Meadowood\Section 1, Parcel 1\License to Maintain Plantings in Easement.doc 9/20/20104:41:09 PM TP -584 (03/07) New York State Department of Taxation and Finance Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording office time stamp See Form TP -584-1, Instructions for Form TP -584 before comptenng rnis corm. rrease pant u, Iy,,c. City/Village Schedule A — Information Grantor/Transferor ® Individual ❑ Corporation El Partnership ❑ Trust Other El Other Granteefrransferee relating to conveyance Name (If individual; last, first, middle initial) Ahmad, Rashid and Wilkerson, Henry Social security number Mailing address 39 Whites Corner Lane Social curity number 01 � 0-9i )—+0 - City State ZIP code Hopewell Junction New York 12533 Name (If individual; last, first middle initial) Federal employer Went. number Social security number ❑ Individual ❑ Corporation ❑ PartnershipCity ❑ Estate/Trust "kr Town of Wappinger 882153 Mailing address 20 Middlebush Road Social security number State ZIP code Waooinoers Falls New York 12590 Federal employer ident. number 14-6002488 Location and description of property conveyed Tax map designation Address City/Village Town County Section Block Lot 39 Whites Comer Lane Wappinger Dutchess 6257 04 882153 Type of property conveyed (check applicable box) 1 ❑ One -to three-family house 5 ❑ Commercial/Industrial Date of conveyance Percentage of real property 2 ❑ Residential cooperative 6 ❑ Apartment building conveyed which is residential 3 ❑ Residential condominium 7 ❑ Office building 2010 real property 0 % month day year (see instructions) 4 F-1Vacantland 8 ® Other Release and Conditional License Condition of conveyance (check all that apply) a. ❑ Conveyance of fee interest b. ❑ Acquisition of a controlling interest (state percentage acquired %) c. ❑ Transfer of a controlling interest (state percentage transferred %) d. ❑ Conveyance to cooperative housing corporation e. ❑ Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP -584.1, Schedule E) f.❑ Conveyance which consists of a mere change of identify or form of ownership or organization (attach Form TP -584.1, Schedule F) g.❑ Conveyance for which credit for tax previously paid will be claimed (attach Form TP -584.1, Schedule G) h.❑ Conveyance of cooperative apartment(s) I. ❑ Syndication j. ❑ Conveyance of air rights or development rights k ❑ Contract assignment I. ❑ Option assignment or surrender m.❑ Leasehold assignment or surrender n.0 Leasehold grant o. ❑ Conveyance of an easement p. ® Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part 111) q, ❑ Conveyance of property partly within and partly outside the state r. ❑ Other (describe) For recording officer's use Amount received Schedule B. Part 1 $ Date received Transaction number Schedule B., Part 11 $ Page 2 of 4 TP -584 (03/07) Schedule B Real estate transfer tax return (Tax Law, Article 31) Part I — Computation of tax due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption claimed box, enter consideration and proceed to Part 111) ............................ ® Exemption claimed 2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) .................................... 3 Taxable consideration (subtract line 2 from line 1)............................................................................................. 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 .................................................. 5 Amount of credit claimed (see instructions and attach Form TP -584.1, Schedule G) ...................................... 6 Total tax due* (subtract line 5 from line 4)............................................................................................. 1. $0.00 2. $0.00 3. $0.00 4, $0.00 5. a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or 6. agencies, ..... compact with another state or Canada) ........................................................................................ Part II — Computation of additional tax due on the conveyance of residential real property for $1 million or more 1 Enter amount of consideration for conveyance (from Part 1, line 1)................................................................. 1. $0.00 in Schedule A) 2. $0.00 2 Taxable consideration (multiply line t by the pementege of rhe premises which is residenliel real property, as shown ...... 3. $0.00 3 Total additional transfer tax due* (multiply line 2 by 1% (.01))............................................................................ Part III — Explanation of exemption claimed on Part I, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York, or any of their instrumentalities, or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or a agencies, ..... compact with another state or Canada) ........................................................................................ b El b. Conveyance is to secure a debt or other obligation....................................................................................................................... c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance .......................... c ❑ d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying El realtyas bona fide gifts........................................................................................................................................................................ e E-1. e. Conveyance is given in connection with a tax sale.............................................................. ................................................ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial cannot be claimed for a conveyance to a cooperative housing corporation of real property ❑ ownership. (This exemption comprising the cooperative dwelling or dwellings.) Attach Form TP -584.1, Schedule F .................................................. f g ❑ g. Conveyance consists of deed of partition...................................................................................................................................... h ❑ In. Conveyance is given pursuant to the federal Bankruptcy Act ..................... ................................................................................. i. Conveyance consists of the execution of a contract to sell real property, without the use or occupancy of such property, or i ❑ the granting of an option to purchase real property, without the use or occupancy of such property .............................................. j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence consideration and consists of a one-, two-, or three-family house, an individual residential condominium unit, or the sale of stock in a in connection with the grant or transfer of a proprietary leasehold covering an individual........ ❑ cooperative housing corporation 1 residential cooperative apartment.................................................................. ........................................................................... k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401(e) (attach documents k ❑ supporting such claim) ................................................................................................ ....................................................................... ......... I ❑ I. Other (attach explanation)............................................................................... ..................................................................... *Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York If recording is not required, send this return and your check(s) made City, make check(s) payable to the NYC Department of Finance. a to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, REIT Return Processing, PO Box 5045, payable Albany NY 12205-5045. Page 3 of 4 TP -584 (03/07) le C — Credit Line Mortgage C Complete the following only if the Interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) 1. ® The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: ❑ The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. ❑ The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑ The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court. ❑ The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six -family owner -occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB -M -96(6)-R for more information regarding these aggregation requirements. ❑ Other (attach detailed explanation). 3. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: ❑ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured by the mortgage is . No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New York City, make check payable to the NYC Department of Finance.) Signature both the grantor(s) and grantee s must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification, schedule, or attachment, is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to receive a copy for purposes of recording the deed or other instrument effecting the conveyance. Christopher J. Colsey -r� Henry WilkersK—J Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you checked e, f, or g in Schedule A, did you complete Form TP -584.1? Have you attached your check(s) made payable to the county clerk where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 4 of 4 TP -584 (03107) Schedule D Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22 section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. Part I - New York State residents If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP -584 (or an attachment to Form TP -584), you must sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State, each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor s /seller s This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real property or cooperative unit. Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part II - Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP -584 (or an attachment to Form TP -584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that transferor(s)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply, you must complete Form IT -2663, Nonresident Real Property Estimated Income Tax Payment Form, or Form IT -2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personal income tax on page 1 of Form TP -584-I. This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: D The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code, section 121) from to (see instructions). The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. ame Date Signature ame Date Signature Signatureame jPdnt Date ignature ame Date