2018-1542018-154
Resolution Authorizing Acquisition Of Utility Easement
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 June 11,
2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2018-154
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Voter
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, a certain parcel of real property having a tax parcel identification of 6257-
02-86392 ("the Property") is included in the United Wappinger Water District and is deemed to
be benefitted by the UWWD, but it does not have access to a water main; and
WHEREAS, the owner of the Property has issues with his private water supply and
wishes to exercise his legal right to connect to the main of the UWWD; and
WHEREAS, the Engineer to the Town has investigated the feasibility of connecting the
Property to the UWWD main and has determined that the acquisition of an easement across an
adjoining property is necessary; and
WHEREAS, the Engineer to the Town has negotiated with a neighboring property owner
to obtain a utility easement for the Town on behalf of its water and sewer districts; and
WHEREAS, the Town Board has determined that the parameters of the utility easement
agreement proposed by the Engineer to the Town are acceptable;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Attorney to the Town is authorized to draft an easement agreement based upon
the following conditions:
a. The owner of the neighboring property is paid $1,000 for the easement.
b. The UWWD is responsible for the installation of the utilities with in the
easement and any disturbance to fencing, landscaping etc. shall be restored.
c. That the easement and utilities within the easement be located as close to the
property line as possible to minimize disturbance to the burdened property, and
2. The costs for preparing, negotiating and acquiring the utility easement shall be charged as
a cost against the UWWD.
3. The Supervisor, the Engineer to the Town, the Attorney to the Town or their designees
are authorized to provide the final utility easement to the neighboring property owners for
their acceptance and make any minor adjustments that may be necessary for the grantor
of the easement to accept its terms.
Acceptance of the final utility easement by the Town is subject to a further resolution of the
Town Board.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
6/11/2018
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK