2005-04904/11/2005.WS
2x24
89.00
Chemung Supply
2 1/2 x 25 3/8
89.00
Chemung Supply
2x25-3/4
89.00
Chemung Supply
Catch Basin Risers
Voting
Aye
1/2" A 36 MAT'L
Voting
Aye
UP TO 550 SQ. IN.
115.00
Chemung Supply
551-625 SQ. IN.
626-730 SQ. IN.
115.00
121.00
Chemung Supply
Chemung
Supply
731-1133 SQ. IN.
134.00
Chemung Supply
OVER 1134 2Q. IN.
161.00
Chemung Supply
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor
Voting
Aye
Robert Valdati, Councilman
Voting
Aye
Vincent Bettina, Councilman
Voting
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2005-049
RESOLUTION AUTHORIZING THE TERMINATION OF EASEMENT
RIGHTS BETWEEN OAK STREET PROPERTIES, LLC AND THE
TOWN OF WAPPINGER
The following Resolution was introduced by Councilman Bettina and
Lseconded by Councilwoman McCarthy.
WHEREAS, by Grant of Easement for Water Pipe Line and Main dated
September 17, 1991, the Wappinger Park Water District obtained an
Easement from Bertha Sofair through certain premises located on Route 9 in
the Town for the purposes of installing a Water Pipe Line and Main to be
used in connection with the Wappinger Park Water District well distribution
system; and
WHEREAS, the property formerly owned by Bertha Sofair (hereinafter
referred to as "SOFAIR") is now owned by Oak Street Properties, LLC
(hereinafter referred to as "OAK STREET"); and
WHEREAS, the Easement granted by SOFAIR was utilized to connect a well
located on property known as Hark Plaza with the system providing water to
Wappinger Park Water District; and
WHEREAS, the Wappinger Park Water District has connected to the Town
owned water system known as Wappinger Water Improvement Area 1999-
2(R) and the Wappinger Park Water District intends to abandon the well
located on Hark Plaza III; and
WHEREAS, the Wappinger Park Water District is no longer in need of the
aforesaid Water Pipe Line and Main Easement and wishes to abandon the
Easement to the current property owner, OAK STREET; and
3
04/1112005.WS
WHEREAS, OAK STREET has entered into a Contract with North American
Home Equities, Inc. (hereinafter referred to as "NORTH AMERICAN") to sell
the property subject to Site Plan Approval; and
WHEREAS, OAK STREET, and/or NORTH AMERICAN or their assigns,
will undertake all work necessary to abandon and/or remove the water pipe
lines within the Easement Area at no cost to the Wappinger Park Water
District; and I
i
WHEREAS, the Town of Wappinger Planning Board has granted Site Plan
Approval for this parcel and NORTH AMERICAN has agreed to improve the
parcel in accordance with the conditions set forth in the Resolution of Site
Plan Approval, as well as any recommendations made by the Engineer to the
Town, Joseph E. Paggi, Jr., P.E.; and
WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E., has
identified several items to be addressed by NORTH AMERICAN in
connection with the discontinuance of the Water Pipe Line and Main
Easement, as set forth in his letter of March 28, 2005; and
WHEREAS, as a condition of granting the Termination of Easement, OAK
STREET and/or NORTH AMERICAN or their assigns will be required to
install, test and certify to the Dutchess County Department of Health the
new Route 9 water main and service for the Hark Plaza III building prior to
the abandonment of the existing water service off of Cayuga Drive and
coordinate with CAMO Pollution Control the deactivation of the well line and
water service off Cayuga Drive and the connection of the new Hark Plaza III
service; and
WHEREAS, the Town Board determines that the enactment of this
Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117
of the Code of the Town of Wappinger and, accordingly, the Town Board
hereby expressly determines that this action is not an action that requires
review pursuant to the provisions of the New York State Environmental
Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the
Town of Wappinger or pursuant to 6 NYCRR Part 617.
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. The Town Board, on behalf of the Wappinger Park Water
District, hereby determines that the Wappinger Park Water District is no
longer in need of the Easement located on properties presently owned by
OAK STREET and hereby elects to abandon and terminate all of its right,
title and interest in and to an Easement granted September 17, 1991 by
04/11/2005.WS
SOFAIR in favor of the Wappinger Park Water District which Easement was
recorded in the Dutchess County Clerk's Office in Liber 1902 at Page 289.
3. As a condition to the abandonment and termination of its rights
set forth in the Easement granted September 17, 1991 by SOFAIR, OAK
STREET and/or NORTH AMERICAN or their assigns will be required to
install, test and certify to the Dutchess County Department of Health the
new Route 9 water main and service for the Hark Plaza III building prior to
the abandonment of the existing water service off of Cayuga Drive and
coordinate with CAMO Pollution Control the deactivation of the well line and
water service off Cayuga Drive and the connection of the new Hark Plaza III
service.
4. The Town Board further authorizes Town Supervisor, Joseph
Ruggiero, to execute the document entitled "Termination of Easement
Rights", a copy of which is affixed hereto and made part hereof marked and
designated Schedule "2" and have the same delivered to OAK STREET and/or
NORTH AMERICAN.
5. All costs associated with the preparation and recording of the
Termination of Easement Rights will be paid for by OAK STREET and/or
NORTH AMERICAN or their assigns.
( 6. The Town Board determines that the enactment of this
Resolution is a Type H action as defined in 6 NYCRR 617.5 and Chapter 117
of the Code of the Town of Wappinger and, accordingly, the Town Board
hereby expressly determines that this action is not an action that requires
review pursuant to the provisions of the New York State Environmental
Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the
Town of Wappinger or pursuant to 6 NYCRR Part 617.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Aye
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted
RESOLUTION NO. 2005-050
RESOLUTION AUTHORIZING BUDGET AMENDMENTS
The following Resolution was introduced by Councilwoman McCarthy and
seconded by Councilman Valdati.
WHEREAS, the Comptroller to the Town of Wappinger, Gerald A.
Terwilliger, has recommended certain budget transfers hereby amending the