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Cidermill Loop & Winesap Lane RECEIVED OCT 14 2003 SUPERVISOR'S OFFICE TOWN OF WAPPINGER 149 Cider NO Loop Wappingers Falls, NY 12590 October 7, 2003 To: Town ,Supervisor Joseph Ruggiero and Town Board Members RE: Paper road fronting Tax Parcel ID# 6258-04-824140 As per our conversation in late September, this is a petition for action on a parcel of property located off Cider Mill Loop between houses 9145 and#149_ The property is a paved road which the Highway Department does not recognize as a town road. It seems that no public records name the owner of this property. Due to its status as a"paper road," it is not maintained or plowed. The end of the road is currently being used as a communal yard rubbish dumping area. Although the town has posted a"No Dumping $500 fine" sign, the road continues to serve surrounding neighborhoods with a free dumping ground. Within the last month, we have witnessed the dumping, by professional services, of waste macadam, concrete mix, and backhoe loads of dirt as well as cleared trees. The road is a source of unnecessary traffic, a parking lot, and a place for people to loiter in their cars. The road is not maintained and is increasingly an eyesore as the weeds push through the pavement. We respectfully request that the Town consider the following possible actions: -Allow us to acquire the property as part of our parcel or -Prevent further traffic on this road by removing the existing black top and planting grass. If we are needed, please feel free to contact us at 296-1004. Your attention in this matter is greatly appreciated. We enjoy living here and would appreciate the eradication of this unnecessary road which encourages needless traffic and dumping. Sincerely, Oswald and Mary Mantilla it TIMIS IONIMMMITURK made day- of October, 1966,, between. OPALO REALTY CORP., a domestic corporation, having its principal place of business at 71 North Main Street, Freeport, Nassar County; New 'York, party of the first part and"THE TOWN 0 F 'nNA P­ 1 PINGER, a Municipal corporation, situated in Dutchess County, New York, maintaining offices at Town Hall, Wappinger Falls, New York, party of the second part. WITNESSETH That the party of the first part, in consideration of these premises and the mutual benefits to be derived from this transaction by itself and the party of the second part, does hereby grant and re- lease unto the party of the second part, its successors and assigns forever, all. thosecertain plots, pieces or parcels of land situate, ly.-I ing arid being at Wappinger - ails, Town of,IK4p F , _p:Ipg County of Dut chess, State of New York., as streets or road-ways to be known as Xinesap Lane and Cidermill Loop, as same is intended to appear on a map to be filed in the office of the Clerk of the County of Dutchess, and which streets or roadways are intended to appear on. -a filed map to be her-eafter filed, and which pieces or parcels of land are z'noi,e particularly described ni the description marked "ScheduleA" here- to annexed and rnade part hereof. 0 The party of the first part covenants Lhat it is the sole owner �i H of the pr°operty hereinabove and in Schedule A, hereto annexed des.- cribed, and has a good right to execute this instrument and convey the same. The party of the first part hereby gives, grants arld conveys to the. party of -the second part, without restriction or reservation the hereinabove described property as and for a public street and other municipal purposes, for the use, benefit and enjo,ymemt of the People of tile Town and their, successors. TO HAVE AND TO IHOLD the preinises, herein granted unto the party of the second part, its successors and assigns forever, AND the party of the first part covenants as follows.- FIRST: That it has not done or suffered anythi"'ng whereby the said pre:naises have been incumbered in any way whatever, lJ SECOND- That in compliance -with Section 13 of the Lien Law., it will receive the corisideration. for this conveyance and will hold the right, to receive, such consideration as a 'trust fund to be ap- plied first for the purpose of paying the cost of the improverneDt and that it will. apply the same first to the par-hent of the cost of the im- provernent before using any part of the total of the same foi- any other Purpose. II l THIIIIDThat the aforesaid prernises are free and clear of all encurn"Drances except a mortgage held b.y Allin C. Carlson and eii Anna Carlson, his wife, recorded in the office of the Clerk of the County of Dutchess on the 5th day of March, 1964 in Liber 887, mp. 269 and a mortgage held by Jasper S. Worley recorded in the office of the Clerk of the County of Dutchess or.). the day of 1965 in Liber rn and releases of the said mort- l i 1 gages affecting the property described in Schedule L1 hereto annexed, j are intended to be recorded simultaneously herewith. 1N FI"T"NESS WHEREOF, the party of the first part has causer a.d its corporate seal. to be hereunto affixed and these presents to be e ,! signed by its duly authorized officer the day and year first above writ-°I A ten. OPALO REPALTY COI By t, STATE OF NEW YORK rZ r +�« COUNTY OF NASSAU � ,. �JdPl/M 61td°y On the YG.f day of October, 1965, before me c,.mr e Julius 1V1. Gerzof, to me known, who, being by me duly sworn, dial depose a, d say that he resides at 209 Moore Avenue, Freeport, New York; that he is the President of Opalo Realty Corp., the corporation described r in and which executed the foregoing instrument; that he knows the seal I of said coy:°pcaration; that the seal affixed to said instrument is such. corporate seal; that it was so affixed by order of the board of Direc- j tors of said corporation, and t. t Jhe signed his name thereto by like carder, t ���EnV ��i'9L� ti41"IEd KV0 YDHK 3 l��p rils�utirv�Pid t ,��,"arrY: i 1 yvo, C5q Ra ,(. �'Ye �5 d�`� t T L e� 4as D �9E X70 t i� i II; 'i t I i I SeBHEUTTILIE A ALL those certain pieces or parcels of land, situate, lying i and being at Wappinger Falls, in the 'Town of Wappinger, County of' Dutchess State of New Yovk, and rn-ore particularly bounded and des- cribed as follows.- BEGINNING at a point on. the Easterly line of All Angels Hill Road, said point being the intersectio-n of said lime with the southerly line of lands of now or formerly Don Keller and running thence ;through lands of Ye Olds Apple Orchard. the following: North 64-39-40 East 544. 10 feet; thence on a curve convex to the Southeast having a radius of 125.00 feet and a length Northeaste-rly 121. 06 feet; thence North 9-10_-10 East 147. 34 feet; thence On 2. Curve convex to the East having a radius of 25.00 feet and a length Westerly &39. 27 feet; thence Nort] 80-49-50 West 269. 20 feet; thence on a curve convex to the South hav- ing a radius of 175�00 feet and a length Wcste-.rly 188. 15 feet; thence North. 19-13-30 -West 294.91 feet; thence on a curve convex to the No.rth having a radius of 25, 00 feet and a length westerly 39. 27 feet, Ij thence North 70-46-30 East 100.00 feet; -thence on a curve convex to the Northwest having a radius of 25.00 feet and a length Southerly h I 39. 27 feet; thence South 19-13-30 East 294. 91 feet; thence on a curve convex to the Southwest having a radius of 125. 00 feet and a. length South easterly 134.40 feet; thence South 80-49-50 li"ast 269. 20 feet; thence on a curve convex to -the South having a radius of. 25.00 feet and j i� j: terly 39, 27 feet; thence North 9-10-10 East 65. 64 ,I a length Northeas feet; thence oil a curve convex to -the East having a radius of 135.00 feet, and a length Northerly 65. 13 feet; thence North 18-28-20 West 301. 03 feet; thence on a, curve convex to the North. having a radius of 125. 00 feet and a length Northwesterly 197. 99 feet; thej.,ice South, 70-46-30 West 337. 67 feet;-thence, on a, curve convex to the North hav-1 ing a radius of 377. 06 feet and a length Westerly Ill. 71 feet, thence South 53-48-00 West 99. 83 feet; thence on a curve convex to the South having a radius of 450.00 feet and a length Westerly 85. 30 feet; thence South 64-39-40 West 119, 60 feet; thence on a curve con.-- vex to the North,vvest having a radius of 25.00 feet and a length South-l' erly 39. 27 feet to a point on the Easterly line of aforesaid All Angels 1, Hill Road; -thence along said line North 25-20-20 West 100. 00 feet to a point; thence leaving said line and running through lands of aforesaid I Ye Olde Apple Orchard the following; an a curve convex to the South I having a radius of 25e 00 feet and a length Easterly 39. 27 feet North 64-39-40 East 119® 60 feet; thence on a curve convex to the South Ila v, ing a radius of 400, 00 feet and a length Easterly 75. 8,2 feet; thence North 53-40.-00 East 99. 83 e feet; thence an a curve convex to thea North having a radius of 427. 06 feet and a length Easterly 126. 52 feet; thence North 70-46-30 East 337, 67 feet; t1aence on a curve convex to the North having a radius of 175.00 feetand a length Southeasterly 277, 19 feet, thence South 18-28-20 East 25.00 feet; thence oil a curve convex to the South having a radius of 25000 feet and a length Easterly 39.27 feet; thence North 71.-31 °20 East 144. 17 feet to a point on the formerly Cohen; thence along said Westerly line of lands of now, or line, along a stone wall, South 22-05-00 East 12� 57 feet and South 18-5G-40 East 37. 46 feet to a point; thence leaving said line and. run" ning thi.-ough lands of aforesaid Ye Olde Apple Orchard the following- South '71-31.20 Weat 145. 28 feet; thence on a curve convex to the Northwest haviy.,ig a radius of 25P 00 feet and a length Southwesterly- ve i '390 27 feet; thence South 18-28--20 East 176,03 feee t� thence~" on a cur j con-vex to the East having a radius of 185. 00 feet and a length South- erly 89. 25 feet; thence South 9-10-10 West 290. 64 feet; thence on a curve convex to the Southwest having a radius of 25.00 feet and a length Southeasterly 39. 27 feet; thence South 80-49-50 East 51. 01 feet; thence on a curve convex to the South having a radius of 100. 00 feet and a length Easterly 60. 48 feet; thence North 64--31-10 East Na 100 69 feet to a point on the Westerly line of lands of Edgehill Nfanor, Inc,; thence along said line, along a stone wall, Soutli 33-26--10 East 50. 48 feet; thence leaving said line and running through lands of afoi-, , i said Ye Olde Apple Orchard the following: South 64-31-10 West 107, 671 feet; thence on a, curve convex to the South having a radius of 150.00 feet and a length Westerly 90,71 feet; thence North 80-49-50 West 57. 16 feet; thence on a curve convex to the North having a radius of 39. 74 feet and a length Westerly 44, 74 feet; thence on a curve convex to the Southeast having a radius of 175.00 feet and a length Southwest-� erly 91, 63 feet; thence South 64-39-40 'West 521. 10 feet; thence on a curve convex to the Northwest having a radius of 25.00 feet and a length Southwesterly 39, 27 feet to a point on the Easterly line of afore- said All Angels Hill Road; then.ce along said line North 25-20-20 West 75. 00 feet to the point or place of beginning. VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12594 OF COUNSEL: KENNETH M.STENGER (845)298-2000 IRA A.PERGAMENT ALBERT P.ROBERTS LEGAL ASSISTANT: LOUIS J.VIGLOM FAX(645)298-2842 AMY E.DECARLO JOAN E GARRETT** e-mail:VSRPQVBestWeh.net THOMAS R.DAVIS POUGHKEEPSffi OFFICE EMANUEL F.SARIS 276 MAIN MALL POUGHK.EEPSIE,NY 12601 KAREN P.MACNISH (845)452-1046 KEVIN T.McDERMOTT PINE PLAINS OFFICE STEVEN K.PATTERSON 2490 CHURCH ST. JAY B.RENFRO P.O.BOX 21 *ADMCTrED TO PRAMCE PINE PLAINS,NY 12567 IN NY&PLA. (518)398-9857 **ADMITTED TO PRACTICE IN N,&CONN. ADDRESS REPLY TO:( )POUGHREEPSffi ( )WAPPINGERS { )FINE PLAINS May 24, 2004 Han, Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappinger Falls, New York 12590 Re: Cider Mill Loop Extension File No. 12951.0692 Dear Joe: Enclosed herewith please find memorandum on how to dispose of the Cider Mill Loop Extension. Abandoning existing Town roads is not a common practice, is very technical and will have to be done very formally. Very truly yours, VERGILIS, STEN JR, ROBERTS, PERGAMENT &VIGLOTTI, LLP G ALBERT P. ROBERTS APR/bg cc: Hon. Graham Foster, Highway Superintendent Joseph E. Paggi, Jr., P.E. Hon. Gloria Morse, Town Clerk Town Board File Rc cC N C TOWN CLERK 11Vsrp03\Common\Wappinger\Town Boar(Wider Mi111052104 JR.doc VERGrus, STENGER, ROBERTS, PERGAMENT & VwLom,LLP ATrORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS" WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER (845)298-2000 IRA A.PERGAMENT ALBERT R ROBERTS LEGAL ASSISTANT: LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOAN F.GARRETT** THOMAS R.DAVIS a-mail:VSRP@BestWeb.net POUGHKEEPSIE OFFICE EMANUEL R SARIS 276 MAIN MAIL POUGHKEEPSIE.NY 12601 KAREN P.MACNISH (645)452-1046 KEVIN T.McDERMOTT STEVEN K.PATTERSON PIMP,PLAINS OFFICE 2490 CHURCH S JAY B.RENFRO T. P.O.BOX 21 *ADMITTED TO PRAC11CB PINE PLAINS,NY 12567 1N NY&FLA (518)398-9857 ••ADMrr ED TO PRACriCE IN NY&CONN. ADDRESS REPLY TO:( )POUGIIIMUSM ( )WAPPINGERS ( )PRS PLAINS MEMORANDUM TO: Hon. Joseph Ruggiero, Supervisor FROM: Albert P. Roberts Kevin T. McDermott DATE: May 24, 2004 RE: Cider Mill Loop Extension Abandonment of Road File No. 12951.0692 FACTS Cider Mill Loop Extension was originally designed to connect the original Subdivision with adjacent properties. The road was conveyed to the Town of Wappinger in connection with the road dedication for the original Subdivision. While the road has been paved, it has not been maintained by the Town of Wappinger Highway Department. LAW The Town owns this road by dedication,i.e. the Town owns the fee(title)to the road bed. This must be distinguished from highways by use for which the Town only acquires a right of way for the public use with the underlying fee generally held by abutting property owners. The question to be determined is what steps must the Town take to abandon this small road that has been dedicated to the Town but not maintained by the Town's Highway Department. The following provisions of Highway Law govern- §205, §207 and §208. 11Vsrp03kCommon\Wappinger\Town Board\Cider Mi111Memorandum-abandonment2.doc SECTION 205 Any highway which that has not been traveled or used as a public highway for six years shall cease to be a highway. The Town's Superintendent of Highways, with the written consent of the majority of the Town Board, shall file and cause to be recorded in the Town Clerk's Office a written description signed by him and the Town Board of each highway so abandoned. Anyone contesting the closing of the road must bring an action within one year from the date the Town's Superintendent files a description as required by §205. The certification filed by the Superintendent must provide notice of time when the one year limitation period becomes operative. Curiously,pursuant to the case law, notice to be given to adjoining landowners is to be given by the County and not the Town. Town of Trenton v. Greene, 78 Misc. 2d 976, 358, NYS 2d 660. SECTION 207 If the Superintendent of Highways determines that a portion of any highway or street is unnecessary for highway purposes,he is authorized to enter into an Order in the Town Clerk's Office that such highway or street be discontinued and abandoned for public purposes. pursuant to this section,the owners of land on both sides of the road to be discontinued must,by written petition to the Town Superintendent,request the discontinuance of the road. Once the Order is entered in the Town Clerk's Office that portion of the road ceases to be a public highway. However, title still remains with the Town Board and thus is subject to the provisions of Town Law §64Q. Town-owned property may be sold subject to a permissive referendum and provided that the Town receives fair and accurate consideration. In order to dispose of this property to one of both of the abutting property owners,the Town should undertake an appraisal of the property to determine value. If the abutting property owners wish to purchase it,the Resolution authorizing the sale would be subject to a permissive referendum. I am not sure about the subtle distinctions between§§205 and 207,however,to the extent possible,we should be able to comply with the requirements of each to cover all bases. R _ T�W� GOER. \\Vsrp031Common\Wappinger\Town Board\Cider Mill\Memorandum-abandonment2.doc