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Resolution Authorizing the Mayor to Execute a Termination of Easement

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Inline resolution2015-09-17#15-2015
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RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A TERMINATION OF EASEMENT

Resolution #15-2015 — 2015-09-17

WHEREAS

  • on February 12, 2015, the Village of Red Hook Planning Board granted TMC Northeast 2, LLC (the "developer"), site plan, special use permit and demolition permit approval to replace an existing 23,400 sq. ft. structure with a new 13,745 sq. ft. structure and make associated site improvements on two parcels of land comprised of 2.3 acres located in the GB District identified as tax parcel nos. 6272-06-490816 & 6272-07-514806 (the "site"); and
  • the site is burdened in favor of the Village by a water main easement, as set forth in an Indenture dated August 11, 2015 between Oakleigh T. Cookingham and Clara E. Cookingham, his wife, and Oakleigh T. Cookingham, Jr., and the Village, recorded in the Dutchess County Clerk's Office on August 16, 1951, in Liber 782, page 45 (the "Easement"); and
  • the Village no longer needs the Easement as it has previously installed a water main through another portion of the site; and
  • the site owner has provided the Village with a Termination of Easement, a copy of which is on file with the Village Clerk; and
  • pursuant to 6 NYCRR § 617.5(c) (20), routine or continuing agency administration and management is a Type II SEQRA action.

RESOLVED

  • by the Board of Trustees that Mayor Ed Blundell, or in his absence, the Deputy Mayor, is hereby authorized and directed to execute and record a Termination of Easement on substantially the same terms and conditions as the Termination of Easement on file with the Village Clerk, subject to the following conditions: 1. Approval by the Attorney to the Village as to form, substance and manner of execution; and 2. Confirmation from the Village Engineer that Schedule B of the Termination of Easement is consistent with the legal description in the Easement.