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Legal Notice/Settlement of the Matter of Clarke V.
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Cortlandt, Westchester County, New York did ADOPT Resolution No. 152-04 at a Regular Meeting held on Tuesday, April 20, 2004 at 7:30 p.m. Prevailing Time in the Vincent F. Nyberg General Meeting Room located in the Town Hall at One Heady Street, Cortlandt Manor, New York, (10567); said Resolution is outlined in full and authorizes the Settlement of the Matter of Clarke V. the Town of Cortlandt SUBJECT TO PERMISSIVE REFERENDUM; to wit:
RESOLUTION AUTHORIZING THE SETTLEMENT
OF THE MATTER OF CLARKE V. THE TOWN OF
WHEREAS, Robert Clarke initiated litigation against the Town with respect to a certain parcel of property owned by him on Craft Lane in the Town of Cortlandt; and
WHEREAS, said parcel is adjacent to a piece that was the subject of litigation in Bleakley v. the Town of
WHEREAS, the Bleakley litigation was settled by the acquisition of said parcel; and
WHEREAS, it is the recommendation of the Town Attorney that the Clarke matter be settled in a similar fashion; and
WHEREAS, upon the acquisition of said parcel, said parcel will be held as open
WHEREAS, the acquisition of said parcel will eliminate the need to reconstruct a bridge over the Metro North Railroad on
WHEREAS, it is the desire of the Town Board to fully settle this litigation;
NOW, THEREFORE, BE IT RESOLVED, that the Town Supervisor be and hereby is authorized to execute an agreement for the acquisition of property owned by Robert Clarke on Craft Lane known and designated as Section 43.16, Block 5, Lot 1; and
BE IT FURTHER RESOLVED, that said contract shall call for the payment of
$65,000.00 for the purchase of said parcel together with the General Release and Stipulation of Discontinuance of all litigation and other claims against the Town by Mr. Clarke; and
BE IT FURTHER RESOLVED, that upon acquisition said parcel shall be kept as open space; and
BE IT FURTHER RESOLVED, that this Resolution shall be subject to permissive referendum.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF
Adopted on April 20, 2004
At a Regular Meeting
Held at Town Hall
DATED: April 27, 2004