The URL can be used to link to this page

DeGarmo Hill Road Drainage PAG I, 1 TIN&DEL BENE z.,i,p ConsultingEngineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471--7898 845-471-0905(FAX) January 10, 2003 Town Comptroller Town of"W"appinger P.O.Box 324 Wappingers palls,New York 12594 Attention: Gerald Terwilliger Reference: DeGarmo Hills Road Culvert Replacement Dear Mr. Terwilliger: Enclosed please find a request from Neuss Construction,Inc. for the Release of Retainage for the above referenced project. As you can see from the attached voucher, the amount requested is $8,421.56. The amount currently being held by the Town for the one-year warranty period is$9,421.56. The $1,000.00 difference covers the cost of an asphalt repair already made by the Town ffighway Department, at a cost of$500.00 and $500.00 to be held for six(6) months. If at the end of the six month period there is no further settlement in the pavement, the Town will release $500.00 back to Neuss Construction. Therefore, we would recommend the release of retainage in the amount of$8,421.56. If you should have any questions, please do not hesitate to contact this office. Very truly yours, Charles R. Del Bene, r., P.E. CRD:law Enclosure cc: Hon. Joseph Ruggiero w/o enclosure Town Board: pile w/o enclosure Hon. Gloria Morse w/o enclosure Albert P. Roberts, Esq. w/o enclosure Rudy Neuss w/enclosure JosepSh 1.Pag6i,Jr.,EE. Em. U.ut n,Jr.,PE.,L.S. Charles I2 leek B3 mc,Jr.,:R E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX) VIA FAX&AWL; November 20, 2002 Neuss Construction,Inc. 1191 Route 9W Suite C-6 Marlboro,New York 12542 Attention: Rudy Neuss Reference: DeGarmo Hills Road Culvert Replacement Dear Mr.Neuss: Since our last telephone conversation,I have reviewed my correspondence file for the above referenced project and have attached copies of the correspondence related to the pavement settlement. During our telephone conversation,you had indicated that the Town insisted that the asphalt repair be done prior to the wintertime instead of in the spring as you had proposed. In reviewing the correspondence this was not the case,and the asphalt restoration was done around April 11'h, 2002. Furthermore,I have a fax from Bill Schultz of your office dated March 29th,2002,which indicates that you and he were at the site and shot elevations of the pavement. You indicated that you felt that the settlement was finished around the box culvert and the repair was trade. In regard to the current settlement problem,it is the opinion of this office that this asphalt should be repaired by you as part of the original contract. We would please ask that you forward a written response to this office as soon as possible. - With the anticipation of the asphalt plants closing,we need to resolve this matter so the repair can be completed. V y yours, � DECEIVE® Charles R. Del Bene,Jr.,P. , CRD:law cc: Hon. Joseph Ruggiero TOWN CLERK. Town Board: File Hon. Gloria.Morse Hon. Graham Foster Albert P.Roberts,Esq. Joseph E.Paggi,J;.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr„P.E. TOWN OF W"PINGER SUPERINTENDENT SUPERVISOR GRAHAM FOSTER JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J.COLSEY JOSEPH P. PAOLONI SUPERINTENDENT OF HIGHWAYS ROBERT L. VALDATI 20 OLD ROUTE 9 WAPPINGERS FALLS,NY 12590-0324 (845)297-9451 FAX: (845)298-0524 TO: HON. JOSEPH RUGGIERO FROM: HON. GRAHAM FOSTER DATE: JUNE 7, 2002 SUBJECT. 89 DE GARMO HILL RD. As per your request, I met with Mr. Peter Gilman at 99 De Ganno Hill Rd. Mr. Gilman had complained that the brook and pond adjacent to his property was flooding his leach field. I walked the site. The brook is free flowing and not obstructed. In fact,the brook has eaten away at the edge of the pond spillway and is actually running approximately six inches lower than it used to. It appears that Mr. Gilman's problem is that his leach field is located in a low area that is saturated by ground water. The surface area appears no more than a foot above the top of the brook,which places his leach field below brook level. There is nothing we can do to help Mr. Gilman at this point. However, if possible, this area should be included in our"3 B"plan. I told Mr. Gilman to contact Joe Paoloni so Joe would be aware of the problem during the planning phase of"3 B". cc: Hon. Joseph Ruggiero Hon. Vincent Bettina Hon. Christopher J. Colsey Hon. Joseph P. Paoloni 6,,4�...... Hon. Robert M4a L. Valdati R "CEIVEE) Hon. Gloria Morse JUN 0: 7 2C`41? TOWN CLERK PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land ,surveyors 56 Main Street Poughkeepsie,New York 12601 845-471--7898 845-471-0905(FAX) n September 18, 2001 Town Comptroller TOWN CLr-RK Town of Wappinger P.O.Box 324 Wappingers falls, New York 12590 Attention: Gerald Terwilliger Reference: DeGarmo Hills Road Culvert Replacement Town of Wappinger Estimate No. 2 Dear Mr. Terwilliger: Enclosed please find Estimate No. 2 for the above referenced project. This office has reviewed the estimate and certified payroll and found them to be accurate and in order, We recommend that payment be made in the amount of$ 104,966.69. �I If you should have any questions, please do not hesitate to contact this office. V truly yours, Charles R. Del Bene, Jr., E. CRD;Iaw Enclosure cc: Hon. Constance 4. Smith w/o enclosure Hon. Vincent Bettina, Councilman w/o enclosure Hon. Joseph Paoloni, Councilman w/o enclosure Hon. Joseph Ruggiero, Councilman w/o enclosure Hon, Robert Valdati, Councilman w/o enclosure Hon. GIoria Morse, w/o enclosure Rudy Neuss,Neuss Construction w/enclosure Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L,S. Charles R,Del Bene,Jr.,P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX) August 9, 2001 Town Comptroller Town of Wappinger P.O.Box 324 Wappingers Falls,New York 12590 Attention: Gerald Terwilliger Reference: DeGarmo Hills Road Culvert Replacement Town of Wappinger Estimate No. 1 Dear Mr. Terwilliger: Enclosed please find Estimate No. I for the above referenced project. This office has reviewed the estimate and certified payroll and found them to be accurate and in order, We recommend that payment be made in the amount of$22,743.00. If you should have any questions, please do not hesitate to contact this office. VVel yours, Charles R.Del Bene, J .,P.E. CRD:Iaw Enclosure cc: Hon. Constance O. Smith w/o enclosure Hon. Vincent Bettina, Councilman w/o enclosure Hon. Joseph PaoIoni, Councilman w/o enclosure Hon. Joseph Ruggiero, Councilman w/o enclosure Hon. Robert Valdati, Councilman w/o enclosure Hon. Gloria Morse, w/o enclosure Ray Neuss,Neuss Construction w/enclosure RECEIVED AUG 13 2001 TOWN CLERK Joseph E.Paggi,Jr.,RE, Ernst Martin,Jr.,RE.,L.S, Charles R.Del Bene,Jr.,P.E. PAGGI, MARTIN & DEL BENE LLP Consulting.Engineers&band Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) TTA FAX&MAIL. July 18, 2001 Neuss Construction, Inc. 230 North Plan Road Newburgh,New York 12550 Attention: Rudy Neuss Reference: DeGarmo Hills Road Culvert Replacement/Town of Wappinger Dear Mr.Neuss: Attached please find the Notice to Proceed,dated July 18`", 2001 for the above referenced project. We will contact you next week to schedule the pre-construction meeting. Pursuant to the provision of the specifications for this project, you are responsible for submitting the following information prior to the commencement of construction activities: I. Minority and Women Business Work Plan as outlined on pages M/WBE-1 through M/WBE-7 of the specifications. 2. Construction Schedule. Any questions or comments can be addressed to this office. Thank you for your cooperation in this matter. Very yttruly yours, } Charles R.Del Bene,Jr.,P.95. CRD:law Enclosure C cc: Hon. Constance O. Smi cls Supervisor n C G'F—N G Hon,Vincent Bettina,Councilman RG Hon.Joseph Paoloni, Councilman 201 Hon.Joseph Ruggiero,Councilman Hon.Robert Valdati, Councilman Hon. Gloria Morse,Town Clerk TOWN CLERK Graham Foster Michael Tremper Joseph E.pagsi,Jr.,P.E. Erns[Martin,Jr.,P.E.,L.S. Charles R.Uel Bene,Jr.,P.D. NOTICE TO PROCEED DATED; July 1R, 2001 TO: (BIDDER) OWNER'S PROJECT NO.: 98-043(59) CONTRACT FOR: DEGARMO HILLS ROAD CULVERT REPLACEMENT INSTALLATION OF PRECAST CONCRETE AND ALUMINUM BOX CULVERTS WITH HEADWALLS AND REST . ORATION YOU ARE NOTIFIED THAT THE CONTRACT TIME UNDER TEE ABOVE CONTRACT WILL COMMENCE TO RUN ON July 23 2001 . BY THAT DATE, YOU ARE TO START PERFORMING TIE WORK AND YOUR OBLIGATIONS UNDER THE CONTRACT DOCUMENTS, ME DATES OF SUBSTANTIAL COMPLETION AND FINAL COMPLETION ARE SET FORTH IN THE INFORMATION TO BIDDERS; THEY ARF September 21, 2001 AND September 21, 2001 RESPECTIVELY. TOWN OF WAPPI LAGER(OWNER) BY: (AUTHORIZED 5 ATS) (TITLE) �G �1 5t CLERK NTP-1 IOWA VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS Xr LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845)298-2000 GERALD A.VERGILIS* FAX(845)298-2842 KENNETH M.sTENGER LEGAL ASSISTANTS'. ALBERT R ROBERTS C-111ad:kAw@1VSNP.Co1n AMY E,WOODARD IRA A.PERGAMENT KRISTEN S.GUTHRIE ANTONIA,r.LUCIA JOAN F.GARRETT" POUGHKEEPSIE OF1410E THOMAS R.DAVIS 276 NlAIN MALL MARIA J.GRECO POUGHKEEPSIE,NY 126W PHILIP GJAMPORTONE (845)452-1046 'ADMTTED TO PRACT)CT ADDRIsSRrKY'roa( )POUGHKEEl"IF IN NY&FLA, 'A"U'PINGERS -ADMITTET)TO PRACTICE IN NY&CONN, August 1, 2001 Hon. Gloria Morse, Town Clerk Town of Wappinger 20 Office RPost Box 324 Wappinger Falls, New York 12590 Re: DeGariTio Culvert Easement &Agreement- Robert G. Haas &Doris W. Haas and Town of Wappinger File No. Dear Gloria: Enclosed herewith please find the above mentioned Easement and Agreement with their respective filing receipts recorded in the Dutchess County Clerk's Office on June 27, 2001, The Easement was recorded at Document No. 02 20014949 and the Agreement was recorded at Document No. 02 20014950. Very truly yours, VERG LIS TENGER, ROBERTS & PERGAMENT ALB. c P. ROBERTS APR/bg t/11 Enclosure Cc w/o enc: Hon. Constance 0. Smith, Supervisor Hon. Robert L. VaIdati, Councilman (sent to home address) Hon, Joseph Ruggiero, Councilman (sent to home address) .Hon. Vincent Bettina, Councilman (sent to home address) Hon, Joseph P. Paoloni, Councilman (sent to home address) Daniel Wery, AICP Joseph E. Paggi, Jr., PE DUTCHESS COUNTY CLERK RECORDING PAGE �k RECORD & RETURN TO: 13 RECORDED: 06/27/2001 M, VERGILIS STENGER ROBERTS & PERGAMENT : . HAMPTON BUSINESS CENTER �w 1136 ROUTE 9 AT: 14 : 12 :37 WAPPINGERS FALLS NY 12590 DOCUMENT #: 02 2002 4954 RECEIVED FROM: BRIDGE CITY - , GRANTOR: HAAS ROBERT G GRANTEE: WAPPINGER TOWN RECORDED IN: DEED Z, AX INSTRUMENT TYPE: AGMT DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 57.00 NUMBER OF PAGES: 15 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: E & A FORM: N *** DO NOT DETACH THIS PAGE TP-584 : N *** THIS IS NOT A BILL i COUNTY CLERK BY: DNK / RECEIPT NO: R35318 BATCH RECORD: C00254 RICHARD M. ANDERSON COunt.y Clerk 0 2 2 0 0 1 4 9 5 0 a , - EAS- t; AGREEMENT FOR GRANT OF TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES k� IR THIS AGREEMENT, made the day of , 2001, between ROBERT G. HAAS AND DORIS W, HAAS flkla DORIS FLEISHMAN + of and residing at 65 DeGarmo Hills Road, Wappingers Falls, New York 12590 (herein referred to as "GRANTORS") .1, 9 and THE TOWN BOARD OF THE TOWN OF WAPPINGER A MUNICIPAL SUBDIVISION X, with offices situate at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Fails, New York 12590-0324 acting for itself and by and on behalf of the WAPPINGER SEWER TRANSMISSION TREATMENT IMPROVEMENT AREA PHASE 111-A pursuant to the Eminent Domain Procedure Law (hereinafter referred to as the "TOWN" and/or the "IMPROVEMENT" and being collectively referred to as "GRANTEE"). WITNESSETH: WHEREAS, the GRANTORS are the owners of a certain parcel of property, commonly referred to as 65 DeGarmo Hills Road, Wappingers Falls, New York 12590, which premises are more particularly described in a certain deed dated December 15, 1987 from Signorino Longhitano and Diana Longhitano to Robert G. Haas and oris Fleishman and which was recorded in the office o�� the Cler of th County of and on December 31, 1987 in Liber 1782 of Deeds at Page 196 hereinafter referred to as the 'Premises"; and 0AWAPPWGE1Town Board0eGarmo-Haas1AGMT.DOC 5125/01 1 WHEREAS, a stream, in addition to other streams, traverses the Premises, t I; which stream also crosses under DeGarmo Hills through a culvert owned and tM maintained by the Town of Wappinger; and ws WHEREAS, in connection with the construction of the single family residence on the Premises, the GRANTORS also constructed a culvert in order to create a crossing �p over the stream; and WHEREAS, the culvert constructed by the GRANTORS did not create the C difference in elevation between the first floor of the residence and the stream as shown on a preliminary plot plan dated July 13, 1994; and WHEREAS, the GRANTEE is about to replace, reconstruct and widen the existing culvert and related appurtenances under DeGarmo Hills Road, through which the stream crosses DeGarmo Hills Road; and WHEREAS, in consequence of the reconstruction of the existing culvert under DeGarmo Hills Road, the culvert constructed by the GRANTORS on their Premises will have to be replaced, reconstructed and widened to ensure the continued proper and adequate flow of water through said culvert; and WHEREAS, the GRANTEE has agreed to replace, reconstruct and widen the existing culvert and related appurtenances located on the GRANTORS' Premises, in accordance with the plans and specifications prepared by Paggi, Martin & Del Bene, Engineers to the Town of Wappinger; and WHEREAS, to implement and facilitate the replacement and reconstruction of the existing culvert on the GRANTORS' Premises, the GRANTORS have agreed to 0AWAPPINGEITown Boa rd\DeGarmo-Haas�AGMT.DOC 5125/01 2 allow the GRANTEE access to the existing culvert over portions of the driveway presently located on the subject premises located within the TEMPORARY CONSTRUCTION EASEMENT AREA more particularly described thereafter; and WHEREAS, the GRANTORS and GRANTEE have agreed upon certain terms and conditions pursuant to which the GRANTORS will grant a Temporary Easement u� necessary to permit the Town to replace, reconstruct and widen the existing culvert and 9 related appurtenances in the subject property, and to otherwise further define the rights, �s duties, obligations and responsibilities of the parties with respect to the TEMPORARY q CONSTRUCTION EASEMENT AREA hereinafter defined; and WHEREAS, the GRANTORS have agreed to execute the GRANT OF TEMPORARY CONSTRUCTION EASEMENT in the form attached hereto and made part hereof marked and designated Exhibit "A", upon the terms, covenants and conditions stated in this Agreement. NOW, THEREFORE, it is hereby understood, covenanted and agreed by and between the parties hereto as follows: 1. GRANT OF TEMPORARY CONSTRUCTION EASEMENT: A. The GRANTORS hereby agree to execute the GRANT OF TEMPORARY CONSTRUCTION EASEMENT in the form attached hereto as Exhibit 'A" which will authorize the GRANTEE to replace, reconstruct and widen the existing culvert in accordance with a map plan prepared by Paggi, Martin & Del Bene entitled "Proposed Temporary Construction Easement From Robert G. Haas and Doris W. Haas to the Town of Wappinger situate in Town of Wappinger, Dutchess County, New York, April 0:IWAPMNGE1Town Board\DeGarmo-Haas1AGMT.DOG 5125101 3 2001," a copy of which is filed in the Office of the Town Clerk of the Town of Wappinger t, and a copy which has been delivered to the GRANTORS herein. The rights herein conferred to the Town of Wappinger does specifically include the right to replace, reconstruct and widen the existing culvert located on GRANTORS' Premises, as may deemed necessary by the Town to insure the proper and adequate flow of water " through said culvert. •ta B. Simultaneously with the execution of this Agreement, the GRANTORS 4� t agree to execute and deliver the GRANT OF TEMPORARY CONSTRUCTION �, EASEMENT, in the form attached hereto as Exhibit "A", together with form TP-584 and any other formal documents or instruments necessary to record the GRANT OF TEMPORARY CONSTRUCTION EASEMENT in the Dutchess County Clerk's Office. The GRANTORS agree that title to the TEMPORARY CONSTRUCTION EASEMENT AREA as described in Exhibit "A", will be in such form as will be insurable by any reputable title insurance company licensed to practice in the State of New York. 2. CONDITIONS FOR GRANT OF TEMPORARY GRADING EASEMENT: A. Site Improvements. As a condition to the execution of the GRANT OF TEMPORARY CONSTRUCTION EASEMENT, as herein set forth, the GRANTEE shall: 1. Replace, reconstruct and widen the existing culvert on GRANTORS' Premises pursuant to the map entitled `Proposed Temporary Construction Easement From Robert G. Haas and Doris W. Haas to the Town of Wappinger situate in Town of Wappinger, OAWAPPINGE7own BoardlDeGarmo-HaaMAGMT.QOC 5125141 4 Dutchess County, New York, April 2001" at the GRANTEE'S own cost; and 2. Permit the GRANTEE access to the existing culvert through the driveway presently located on the subject premises for the duration of the TEMPORARY CONSTRUCTION EASEMENT. 3. REVERSION OF RESPONSIBILITY: Upon completion of the replacement of the existing culvert on GRANTORS' Premises, all responsibility for the maintenance and upkeep of this culvert, together with all rights, title, interest, in and to the culvert shall revert to the GRANTORS. The GRANTORS will assume all responsibilities for the subsequent maintenance, repair and replacement of the culvert, as if and when necessary to ensure proper and adequate flow of the stream through same. It is expressly understood that the GRANTEE is not responsible for any claims or damages subsequent to the installationan 1,d replacement of the culvert for any cause whatsoever and GRANTORS willi clemnify GRANTEE in this regard. . r,ull- --)[I 4. SURVIVABILITY: The terms, covenants and conditions of this Agreement shall survive the d'elivery of the Grant of Temporary Easement (Exhibit "A") by GRANTORS to the GRANTEE. 5. FULL CONSIDERATION: This Agreement is inclusive of the claims, if any, of all persons having any right or interest in the acquired property, inclusive of the owners of the acquired property. The performance of the work as set forth in this Agreement by the Town shall be deemed a full and complete settlement of all claims the GRANTORS may have with respect to any compensation they may be due for the OAWAPPNGE\Town Board0eGarmo-Haas\AGMT DOC 5/25/01 5 execution and delivery of the GRANT OF TEMPORARY CONSTRUCTION EASEMENT. The performance of the work by the Town as set forth in this Agreement shall be and constitute a full and complete discharge of all claims the GRANTORS may have for the GRANT OF TEMPORARY GRADING EASEMENT. 6. BINDING EFFECT: This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties 'hereto. BERT R ATG,,,, AAS., GRANTOR li DORIS W. HAAS f/k/a DORIS FLEISHMAN, GRANTOR THE TOWN OF WAPPINGER, GRANTEE IX X" By: CONSTANCE O. SMITH, SUPERVISOR ACKNOWLEDGMENTS STATE OF NEW YORK ss.: COUNTY OF DUTCH On the day of-M'ay;"-2001,"—before me personally appeared ROBERT G. HAAS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Ll sa Ann Vftft w�Ic)tsry Publlo, State No. OIWES031041 NOTARY PUBLIC �)uafflled In Dutc W h E�N . oar M e m -HaasIAGMTDOC 7 r..V I , !' .71 '-r,57� � 6 STATE OF NEW YORK ) t } ss.. 0 COUNTY OF DUTCHE a� M, On the /e/—dayof May, 001 before me personally appeared DORIS W. HAAS f personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within �r instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of " which the individual acted, executed the instrument. rr� Lisa Ann Vrftg 9Notary Public, State of No. OIWE6031()41 Qualified in Dutc ' I: NOTARY PUBLIC Commission Ex -res: STATE OF IGEW } ss.: COUNTY OF DUTCHES,S-j On the day o2001, before me personally appeared CONSTANCE O. SMITH, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Lisa Ann Yllydi■s Notary Public, State of Newt No OIWE6031041 Qualified PUBLIC ueif€ied -n €Jutcheas� Commission Expires: 7-151 Record and Return to ALBERT P. ROBERTS VERGILIS, STENGER, ROBERTS & PERGAMENT 1136 Route 9 Wappingers Falls, New York 12590 O:IWAPPING&Town Board\DeGarmo-Haas\AGMT.DOC 5125101 7 - AL—ATL"LF—I eoa-051o' ED, pCCyY j 481 C y .�M �Yf �h Exhibit A ' I GRANT OF TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES k� THIS AGREEMENT, made the day of May, 2001, between ROBERT G. HAAS AND DORIS W. HAAS flkla DORIS FLEISHMAN to of and residing at 65 DeGarmo Hills Road, Wappingers Falls, New York 12590 (herein referred to as "GRANTORS") a� 4 and THE TOWN BOARD OF THE TOWN OF WAPPINGER A MUNICIPAL SUBDIVISION with offices situate at Town Flail, s 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 acting for itself and by and on behalf of the WAPPINGER SEWER TRANSMISSION TREATMENT IMPROVEMENT AREA PHASE III-A (hereinafter referred to as the "TOWN" and/or the "IMPROVEMENT" and being collectively referred to as "GRANTEE"). WHEREAS, the GRANTORS are the owners of a certain parcel of property, commonly referred to as 65 DeGarmo Hills Road, Wappingers Falls, New York 12590, which premises are more particularly described in a certain deed dated December 15, 1987 from Signorino Longhitano and Diana Longhitano to Robert G. Haas and Doris Fleishman and which was recorded in the office of the Clerk of the County of Dutchess on December 31, 1987 in Liber 1782 of Deeds at Page 196; and NOW, WHEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States, actual consideration, receipt of which is hereby waived, and in the further consideration of the promises set forth in a separate agreement executed simultaneously herewith, the GRANTORS hereby grant and release unto the GRANTEE 0:\WAPPINGE\Town Board\DeGarmo-Haas\EASEMENT.DOC 5/25/01 1 t� a TEMPORARY CONSTRUCTION EASEMENT for construction purposes for the °I replacement, reconstruction and widening of the existing culvert and appurtenances and t� other purposes, upon the following terms and conditions: 1. a 9.F-WAY. The GRANTORS grant unto the GRANTEE a TEMPORARY 1A CONSTRUCTION EASEMENT and RIGHT-OF-WAY for construction purposes in, on, 9 under and through that portion of the GRANTORS' parcel, more particularly described on Schedule "A" attached hereto and made part hereof, for the purpose of ingress, egress, storage, operating, maintaining and passage of and by construction vehicles, equipment, materials and supplies required for the replacement, reconstruction and widening of the existing culvert and related appurtenances for the proper and adequate flow of water through the culvert. 2. AS-CE,S. This GRANT of TEMPORARY CONSTRUCTION EASEMENT shall include, but is not limited to the following appurtenant rights necessary to effectuate the replacement, reconstruction and widening of the existing culvert and related appurtenances and the right of ingress and egress by person, motor vehicle and construction equipment necessary replace, reconstruct and widen the existing culvert and necessary appurtenances in, under or through the TEMPORARY CONSTRUCTION EASEMENT AREA and to maintain, repair, reconstruct, replace and inspect the same as GRANTEE may deem necessary or desirable for the duration of this GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION PURPOSES. 0:\WAPP1NGE\Town Board\DeGarmo-Haas\EASEMENT.DOC 5/25/01 2 3. 13ESTORATIQN- All areas disturbed by the exercise of the rights conferred herein shall be restored, as reasonably as practicable, to the condition that existed prior h to, the disturbance. 4. MAR. Attached hereto and made part hereof marked and designated Exhibit "A" is a map prepared by Paggi, Martin & Del Bene, Engineers dated April 2001, depicting the proposed TEMPORARY CONSTRUCTION EASEMENT AREA. 5. REVERSIQN OF RE.9eQNSIBII ITy Upon completion of the replacement of the existing culvert on GRANTORS' Premises, all responsibility for the maintenance k and upkeep of this culvert, together with all rights, title, interest, in and to the culvert shall revert to the GRANTORS. The GRANTORS will assume all responsibilities for the subsequent maintenance, repair and replacement of the culvert, as if and when necessary to ensure proper and adequate flow of the stream through same. It is expressly understood that the GRANTEE is not responsible for any claims or damages subsequent to the installation TAd, placement of the culvert for any cause whatsoever x and GRANTORS will'04 X)d an deminify GRANTEE in this regard. Vt� 6. DILRAIJIDN. The terms, covenants and conditions herein contained shall terminate September 1, 2002 IN WITNESS WHEREOF, the GRANTORS and GRANTEE have exe% his instrument as, df the date first set forth above. ,- L, ROBERT G.4- HAAS, GRANTOR DORIS W. HAAS f/k/a DORIS FLEISHMAN,GRANTOR 0:\WAPPINGE\Tcwn Bcard\DeGarmc-Haas\EASEMENT.D0C 3 # THE TOWN OF WAPPINGER, GRANTEE fo By: CONSTANCE O. SMITH, SUPERVISOR 3 �fl ACKNOWLEDGMENTS �t STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS ) t. On the day of May, 2001, before me personally appeared ROBERT G. HAAS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK } ) ss.: COUNTY OF DUTCHESS ) On the day of May, 2001, before me personally appeared DORIS W. HAAS f/k/a DORIS FLEISHMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC 0:\WAPPSNGE\T0wn 9oard\DeGazmo-Haas\EASEMENT,D0C 5/25/01 4 t,d STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS ) On the day of May, 2001, before me personally appeared CONSTANCE O. SMITH, personally known to me or proved to me on the basis of satisfactory evidence to be the 0 individual whose name is subscribed to the within instrument and acknowledged to me Q that she executed the same in her capacity, and that by her signature on the instrument, rl the individual, or the person upon behalf of which the individual acted, executed the instrument. il5 1i NOTARY PUBLIC �9. Record and Return to ALBERT P. ROBERTS VERGILIS, STENGER, ROBERTS & PERGAMENT 1136 Route 9 Wappingers Falls, New York 12590 0:\WAPP1NGE\T0am Board\DeGarmo-Haas\EASEMENT.DOC 5/25/01 5 EXHIBIT "A"—THE MAP PREPARED BY PAGGI, MARTIN &DEL BENE, +:6 ENGINEERS DATED APRIL 2001,DEPICTING THE PROPOSED I TEMPORARY CONSTRUCTION EASEMENT AREA IS NOT ATTACHED TO fin THE GRANT OF EASEMENT DUE TO ITS SIZE AND IS INSTEAD UNDER SEPARATE COVER �7 f ' DUTCHESS COUNTY CLERK RECORDING PAGE �b RECORD & RETURN TO: RECORDED: 06/27/2001 VERGILIS STENGER ROBERTS & PERGAMENT ., HAMPTON BUSINESS CENTER AT: 14 :11:03 1136 ROUTE 9 z, WAPPINGERS FALLS NY 12590 DOCUMENT #: 02 2001 4949 RECEIVED FROM: BRIDGE CITY r GRANTOR: HAAS ROBERT G GRANTEE: WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE: TEMP/EASE DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: i RECORDING CHARGE: 41 . 00 NUMBER OF PAGES: 8 i TRANSFER TAX AMOUNT: I TRANSFER TAX NUMBER: #007986 E & A FORM: N *** DO NOT DETACH THIS PAGE i *** THIS IS NOT A BILL { TP-584 : Y COUNTY CLERK BY: DNK / RECEIPT NO: R35317 j BATCH RECORD: C00253 i RICHARD M. ANDERSON County Clerk �ti$S 0 2 2 0 0 1 4 9 4 9 R rGRANT OE TEMPORARY EASEMENT FOR I'-r CONSTRUCTION PURPOSFS d`x THIS AGREEMENT, made the Y da of�-�.` 2001 between 811Y f 1 ROBERT G. HAAS AND DORIS W. H S f/k/a DORIS FLEISHMAN f of and residing at 65 DeGarmo Hills Road,�appingers Falls, New York 12590 Awa (herein referred to as "GRANTORS") ra ,t, and THE TOWN BOARD OF THE TOWN OF WAPPINGER A MUNICIPAL SUBDIVISION with offices situate at Town Hall, e; V 20 Middlebush Road, P.O. Box 324, h Wappingers Falls, New York 12590-0324 acting for itself and by and on behalf of the WAPPINGER SEWER TRANSMISSION TREATMENT IMPROVEMENT AREA PHASE III-A (hereinafter referred to as the "TOWN" and/or the "IMPROVEMENT" and being collectively referred to as "GRANTEE"). WITNESSETH: WHEREAS, the GRANTORS are the owners of a certain parcel of property, commonly referred to as 65 DeGarmo Hills Road, Wappingers Falls, New York 12590, which premises are more particularly described in a certain deed dated December 15, 1987 from Signorino Longhitano and Diana Longhitang to Robert G. Hf as and Doris Fl / �n.�Repr I YIq� / Fleishman and which was recorded in the office of/thek)f'the County of Dutchess on December 31, 1987 in Liber 1782 of Deeds at Page 196; and / NOW, WHEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States, actual consideration, receipt of which is hereby waived, and in the further consideration of the promises set forth in a separate agreement executed simultaneously herewith, the GRANTORS hereby grant and release unto the GRANTEE 0:\WAPPINGE\Town Board\DeGarmo-Haas\EASEMENT.DOC 5/25/01 1 a TEMPORARY CONSTRUCTION EASEMENT for construction purposes for the replacement, reconstruction and widening of the existing culvert and appurtenances and F other purposes, upon the following terms and conditions: 7. GRANI OF TEMPORARY CONSTRUCTInN EASEMENT AND RIGHT OF-WAY. The GRANTORS grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT and RIGHT-OF-WAY for construction purposes in, on, under and through that portion of the GRANTORS' parcel, more particularly described on Schedule "A" attached hereto and made part hereof, for the purpose of ingress, egress, storage, operating, maintaining and passage of and by construction vehicles, equipment, materials and supplies required for the replacement, reconstruction and widening of the existing culvert and related appurtenances for the proper and adequate flow of water through the culvert. 2. ArrESS. This GRANT of TEMPORARY CONSTRUCTION EASEMENT shall include, but is not limited to the following appurtenant rights necessary to effectuate the replacement, reconstruction and widening of the existing culvert and related appurtenances and the right of ingress and egress by person, motor vehicle and construction equipment necessary replace, reconstruct and widen the existing culvert and necessary appurtenances in, under or through the TEMPORARY CONSTRUCTION EASEMENT AREA and to maintain, repair, reconstruct, replace and inspect the same as GRANTEE may deem necessary or desirable for the duration of this GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION PURPOSES. 0:\WAPPINGE\Town Board\DeGarmo-Haas\EASEMENT.DOC 5/25/01 2 3. RESTORATION, All areas disturbed by the exercise of the rights conferred herein shall be restored, as reasonably as practicable, to the condition that existed prior to the disturbance, 4. MAE. Attached hereto and made part hereof marked and designated Exhibit "A" is a map prepared by Paggi, Martin & Del Bene, Engineers dated April 2001, depicting the proposed TEMPORARY CONSTRUCTION EASEMENT AREA. 5. REVERSION OF RESPQNSIBILITY, Upon completion of the replacement of the existing culvert on GRANTORS' Premises, all responsibility for the maintenance and upkeep of this culvert, together with all rights, title, interest, in and to the culvert shall revert to the GRANTORS, The GRANTORS will assume all responsibilities for the subsequent maintenance, repair and replacement of the culvert, as if and when necessary to ensure proper and adequate flow of the stream through same. It is expressly understood that the GRANTEE is not responsible for any claims or damages subsequent to the installation and replacement of the culvert for any cause whatsoever and GRANTORS will dl// a mnify GRANTEE in this regard. 4�\ ri�101 �X " )1 6. QUERAIIQN. The terms, covenants and conditions herein contained shall terminate September 1, 2002) IN WITNESS WHEREOF, the GRANTORS and GRANTEE have executed this instrument as of the date first set forth above. ROBERT G. HAAs, GRANTOR DORIS W. HAAS f/kJa DORIS FLEISHMAN,GRANTOR Q:\WAPP1NGE\T0,,,,n Bnard\,DeGarmo-Haas\,EASEMENT.DOC 5/25/01 3 f THE TOWN OF WAPPINGER, GRANTEE By: , CONSTANCE O. SMIT , SUPERVISOR C (A ACKNOWLEDGMENTS STATE OF NEW YORK ) ss.: COUNTY OF DUTCH On the !`Y-day of Mar, 2001, before me personally appeared ROBERT G. HAAS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Lisa Ann Wets Notary Public, State of New York No. OIWE6031041 Qualified inDutch NOTARY PUBLIC Commission Expires"Ime- STATE OF NEW YORK ) ss.. COUNTY OF DUTCHESS On the / day of-May-, 2001, before me personally appeared DORIS W. HAAS flrfa-- , ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to rte that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrume t. Lisa Ann Waw Notary Public, State of Newftk NOTARY PUBLIC No. 01 WE6031041 Qualified in Dutch commission expiresAires : 0:\WAPPINGE\Town Board\DeGarmo-Haas\EASEMENT.DOC s/2s/01 4 STATE OF NEW YORK } ) ss.: COUNTY OF DUTCHE On the Z day of May-,-2001, before me personally appeared CONSTANCE O. SMITH, 0' personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Use Ann Welsa r �4 otery PuNid, State of Now" i No �1WE6031041 NOTARY PUBLIC Di)efified in Dutcheas9trotNllr X'. b,w",ssion Expires: / Record and Return to ALBERT P. ROBERTS VERGILIS, STENGER, ROBERTS & PERGAMENT 1136 Route 9 Wappingers Falls, New York 12590 0:\WAPPSNGE\Town Boar@\DeGarmo-Haas\EASEMENT.DOC 5/25/61 �yy n ' � AlL-S I'A1E�LFGAL 6np?.22-05'10 Fbtt H!'CVCLUU �y �9 hWl � etib M;2 �II4y� C9..uuP ].q �h r� C �9 Exhibit A D A EXHIBIT "A"-THE MAP PREPARED BY PAGGI,MARTIN &DEL BENE, ENGINEERS DATED APRIL 2001,DEPICTING THE PROPOSED TEMPORARY CONSTRUCTION EASEMENT AREA IS NOT ATTACHED TO THE GRANT OF EASEMENT DUE TO ITS SIZE AND IS INSTEAD UNDER SEPARATE COVER 1,1 �1 a� 3�F R" 1 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1 136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 Q (845)298-2000 GERALD A.VERGILIS* FAX(845)298-2842 � V' LEGAL ASSISTANTS: KENNETH M.STENGER * AMY E.WOODARD ALBERT P.ROBERTS e-mail:VSRPC�BeslWeb.N� TO IRA A.PERGAMENT ` ' � KRISTEN S.GUTHRIE ANTONIA T.LUCIA )`�� POUGHKEEPSIE OFFICE JOAN F.GARRETI'** -**A`NG 276 MAIN MALL THOMAS R.DAMS {OV' POUGHKEEPSIE,NY 12601 MARIA J.GRECO ` (845)452-1046 #ADMPPPED TO PRACTICE ADDRESS REPLY TO:( )POUGHKEEPSIE IN NY&FLA, ( )WAPPINGPRS -ADMITTED TO PRACTICE IN NY&CONN. July 3, 2001 Town of Wappinger 20 Middlebush Road Wappingers Falls,New York 12590 Attention: Hon. Constance O. Smith, Supervisor Re: DeGarmo Culvert Robert G. Haas &Doris W. Haas f/k/a Doris Fleishman-Easement and Agreement File No, 12951.0358 Dear Connie: Enclosed please find copies of the recording receipts for the following documents recorded with the Dutchess County Clerk on June 27, 2001 for the above mentioned matter: • the Grant of Temporary Easement for Construction Purposes under Document No. 02 4949 2001; and • the Agreement for the Grant of Temporary Easement for Construction Purposes under Document No. 02 4950 2001. Very truly yours, VERGILIS, ST GER, ROBERTS &PERGAMENT A L ERT P. ROBERTS APR/bg !Cn Cc: Hon. Gloria Morse, Town Clerk RECE�V Gv Charles Del Bene,P.E. - {y O:IWAPPINGE1Town Board\DeGarmo-Haas\july3-bg.doc JUL 4 2417 TOWN CLERK DUTCHESS COUNTY CLERK MENU: FMCM004M PHONE: 486-2134 22 MARKET STREET C00253 DNK POUGHKEEPSIE N.Y. 12601 DELETE: N RECPT NO SERIAL NO. DATE TIME OTHER/DATE CR/DEBIT CODE CONT R3�317 06/27/01 14:11.: 03 C RA "-RECEIVED FROM: BRIDGE CITY MORTGAGE TYPE. yFEE TOTAL: 41.00 "'SUBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT# AMOUNT COMMENT #PG 01 02 DEED # 4949 010 31. 00 TEMP/EASE g :7'02 ' AFFIDAVIT 030 5 . 00 ,,-*03: 11 TRANSFER TAX #007986 290 1 ". 04 RECORDS MGMT.-LOCAL 070 .25 "05 RECORDS MGMT. -STATE 504 4 .75 ,.06 07 09- ;M/QR; TAX DIST: 19 WAPPINGER WEE: TAXABLE AMT: 0.00 ,.G/OR: HAAS ROBERT G TAX AMT: 0. 00 G/FSE: WAPPINGER TOWN F6=PREV FS=BR BWD F9=BR FWD i i d LOSE £L17 bT6 i0b�USEU �,iNnoo I a 0Z:bT Tow-L,?-Nnf f` DUTCHESS COUNTY CLERK MENU: FMCM004M PHONE: 486-2134 22 MARKET STREET 000254 DNK POUGHKEEPSIE N.Y. 12601 DELETE; N RECPT NO SERIAL NO. DATE TIME OTHER/DATE CR/DEBIT CODE CONT :,R35318 06/27/01 14 :12 ,37 C RP. , RECEIVED FROM: BRIDGE CITY MORTGAGE TYPE: FEE TOTAL: 57 , 00 SUBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT# AMOUNT COMMENT #PC .,02 i 02 DEED # 4950 010 52.00 AGMT --42 RECORDS MGMT. -LOCAL 070 .25 `."`.03 ' RECORDS MGMT.-STATE 504 4 . 75 04, 06' 09 M/OR: TAX DIST: 19 WAPPINGER TAXABLE AMT: 0.00 ,G/OR: HAAS ROBERT G TAX AMT: 0.00 •,:�G/EE; WAPPINGER TOWN F6=PREV FS=BR BWD F9=BR FM •- i s, I LO82 ELb bT6 iouaisau AiNnoo Ial OZ:bT TOO?,-LZ-Nnr PAGGI, MARTIN &DEL BENE LLP —^ Consulting Engineers&Lana Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX) June 5,2001 VIA FAX&MAIL NeussConstruction,Inc. 230 North Plank Road,Suite 3 Newburgh,New York 12550 Attention: Rudolph Neuss Reference: DeGarmo Hills Road–Culvert Replacement Town of Wappinger Dear Mr.Neuss: Enclosed please find the Notice of Award for the above referenced project. Please be advised that at their March 26'x,2001 meeting,the Town of Wappinger Town Board authorized award of the above referenced project to your firm for the bid amount of$149,875.00. As per the Specifications,please provide all necessary Bonding and Insurance documentation to the Town Attorney's office for approval prior to the Contract signing. Said information should be sent to: Albert P.Roberts,Esq Vergilis,Stenger,Roberts&Pergament 1611 Route 9 Wappingers Falls,New York 12590 Please provide this office with a schedule of your proposed construction operations. Upon approval of your bonding and insurance information,I will contact you to schedule a mutually acceptable Contract signing date. Any questions or comments maybe addressed to this office. Thank you. Very truly ours, �",�D Charles R Del Bene,Jr.,P. . CRD:law `O Enclosure 'o�i cc: Hon. Constance O. Smith,Supervisor w/o enclosure GC Hon.Vincent.Bettina,Councilman w/o enclosure Icon.Joseph Paoloni,Councilman w/o enclosure Hon.Joseph Ruggiero, Councilman w/o enclosure Hon.Robert Valdati,Councilman w/o enclosure N G Hon.Elaine Snowden w/enclosure Albert P.Roberts,Esq,w/o enclosure Graham Foster w/enclosure Michael Tremper w/o enclosure Joseph E.Paggi,Jr.,PE, Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,P.E. NOTICE OF AWARD DATED:June 5,2001 G TO: Neuss Construction,Inc N�� p (BIDDER) OWNER'S PROJECT NO.: 98-003(59) CONTRACT FOR: DEGARMO HILLS ROAD CULVERT REPLACEMENT INSTALLATION OF PRECAST CONCRETE AND ALUMINUM BOX CULVERTS WITH HEADWALLS AND RESTORATION. YOU ARE NOTIFIED THAT YOUR BID DATED MARCH 23,2001 FOR THE ABOVE CONTRACT HAS BEEN CONSIDERED. YOU ARE THE APPARENT SUCCESSFUL BIDDER AND HAVE BEEN AWARDED A CONTRACT FOR REMOVAL OF EXISTING CULVERTS AND HEADWALLS,INSTALLATION OF 42 LINEAR FEET OF 16'X 4'PRECAST BOX CULVERT AND 14 LINEAR FEET OF 16'2"X 5'1" ALUMINUM BOX CULVERT WITH HEADWALLS INCLUDING ALL RESTORATION AND CLEAN-UP. (INDICATE TOTAL WORK,ALTERNATIVES OR SECTIONS OF WORK AWARDED) 1 THE CONTRACT PRICE FOR YOUR CONTRACT IS ONE HUNDRED FORTY NINE THOUSAND EIGHT HUNDRED SEVENTY FIVE&00100 DOLLARS($ 149.875.00) YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS PRECEDENT WITHIN FOURTEEN(14)DAYS OF THE DATE OF THIS NOTICE OF AWARD,THAT IS BY NNE 19, 2001. 1. YOU MUST DELIVER THE CONTRACT SECURITY(BONDS)PRIOR TO THE CONTRACT AGREEMENT EXECUTION AS SPECIFIED IN THE INSTRUCTION TO BIDDERS AND GENERAL PROVISIONS. 2. OBTAIN THE NECESSARY INSURANCE AS SPECIFIED IN THE INFORMATION TO BIDDERS AND SUBMIT INSURANCE CERTIFICATES. 3, YOU MUST MAKE YOURSELF AVAILABE TO EXECUTE THE CONTRACT AGREEMENT AT A LOCATION TO BE NAMED BY THE OWNER IN A TIMELY FASHION. FAILURE TO COMPLY WITH THESE CONDITIONS WPTHIN TEE TIME SPECIFIED WILL ENTITLE OWNER TO CONSIDER YOUR BID ABANDONED,TO ANNUL THIS NOTICE OF AWARD AND TO DECLARE YOUR BID SECURITY FORFEITED. TOWAPP GER BY: ENGINEER OF TOWN (AUTHORIZED SIGNA MTLE) NOA-1 PAGGI, MARTIN & DEL BENE, LLP. CONSULTING AND LAND SURVEYORS 56 MAIN STREET POUGHKEEPSIE,NEWYORKI :4 :4 I . 1 Fax Memo 4 To: Albert P.Roberts,Esq. Fero Charles R.Del Bene,Jr.,P.E. cc: Hon.Constance O.Smith,Supervisor 1 Hon.Joseph Paoloni,Councilman Hon.Graham Foster, Highway Superintendent Hon.Gloria Morse,Town Clerk Data April 9,2001 Rix Degarmo Hills Road/Culvert Replacement 1 This memo is written as a follow-up to our past correspondence regarding the replacement of the Haas culvert for the above referenced project. I know that you wanted to discuss this matter with the Town Board, but I would like to remind you that we have only forty-five(45)days to award the contract or request an wdension. The bids were opened on March 23",2001, and subsequently,the forty-fire(45)day period ends May 2001. Please inform me of the Town's decision as soon as.possible so that l may notify the Contractor. Again,thank you for your assistance in this matter. E 9 1 �II I es R.De!Bene, r.,PI . CRD:law RECEIVED APR t 1<2001 TOWN CLERK 0 Page 1 PAGGI, MARTIN &DEL ,BENE m.i, Consulting Engineers&Land,Surveyors 56 Main Street .Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) RECEIVED March 8, 2001 rAll I 'L Town Board TOWN CLERK Town of Wappinger P.O.Box 324 Wappingers Falls,New York 12590 Attention: Supervisor Constance O. Smith Reference: DeGarmo Hills Culvert Replacement Dear Supervisor Smith&Board Members: The above referenced project is currently out to bid with the bid opening scheduled for March 23,2001, Subsequently,we would please ask to be placed on the March 26,2001 Town Board Agenda for the purpose of awarded the contract. Mr. &Mrs.Haas,the owners of the property where the additional culvert requires replacement,initially indicated that the access for this culvert replacement could be over their existing driveway rather than the Central Hudson Gas&Electric right-of-way. The right-of-way runs through their property north of their driveway. Upon speaking with Mrs.Haas last week,she informed us that they have changed their mind and would rather have the access through the Central Hudson right-of-way. At that point,we contacted Gary Boos of Central Hudson Gas&Electric Corp.and asked him what would be required for access down along their right-of-way. He informed us that he would need photographs of the area,as well as the height of the equipment,which will travel along the power lines. We are currently forwarding this information to Central Hudson Gas&Electric Corp. In addition,we are preparing a temporary Easement Map showing the access through the Central Hudson right-of-way,which we will be forwarding to Albert Roberts shortly. I will keep the Board updated on the status of the temporary Easement. If you have any questions of concerns,please do not hesitate to contact this office. tru you Charles R.Del Benc Jr,,RE CRD:pr cc: Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon.Joseph Ruggiero,Councilman Hon.Robert Valdati, Councilman Gloria Morse,Town Clerk Albert P.Roberts,Esq. Graham Foster,Highway Superintendent Joseph E.Paggi,.Rt,P.Ps. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr„R . STE111BEfN' M. SALAN jF' 4 AL3Ahk' 7F'f"BCE SENA 0R.4kSi D SIRI:.Cp` ROOM 946 .* .. LEGISLATIVE OFF ICE.B IJILDVNG Cf'.1.f111i�W1�1N - cr s��'A A.I.13ANY NF.W YORK 12247 CHILDREN F FA JLEES 15189 455-2411 COMMITTEES THE SENATE FAX 1518)426-6920 ACING STATE OF 'NEW YO DVSTRICT OFFICES LlANKS 22 IBM ROAD SUITE 110 CODES NOUGHKEEPS'IE,NEW'YORK 1201. CRI mF VICTIMS,C:RLMtE&CORRECTION Q91 4F 463.9840 FINANCE. October 31, 1996 FAX 1414E 463-3438 INSURANCE 337 FAIRVIEW AVENUE, JUDICIARY HUDSON,.NEW YORK 12594 (518)828-1524 Hon. Constance 0. Smith FAX(518)828-1657 Supervisor SAIINTERNET ADDRESS: .-AND4PSENAT'E STATE NY U5 Town of Wappinger Route 376, RIS #3 Wappingers Falls, TAY 12590 Dear Connie I would like to take this opportunity to advise you that we have received preliminary eligibility approval from the NYS Department of Transportation (DOT) for some of the projects submitted under the Multi-Modal Transportation Program (MMTP) , which I advised you about: in July. Following my letter of July 26, 1996, a considerable number of projects were submitted for approval by towns, villages and cities in my district. I am pleased that DOT has found most of these projects to be eligible for the MMTP and. I am optimistic that all of these projects will be included in the Memorandum of Understanding (MOU) , which is scheduled to be signed shortly. I would, therefore, like to advise you which of your projects) have received preliminary eligibility approval: DeCarmo Hills Road - box culvert construction $67,500 Enclosed please find a copy of the Multi-Modal Program Development Eligibility Criteria.. It is important to nate that these funds will be disbursed on a reimbursement basis and only those costs incurred as stated in the parameters of the MOU will be reimbursed. The funding for the MMTP will be realized through the sale of bonds by allocating $50 million in SFY 1996-97 and $1.00 million for each year through SFY 1999-2000. Once the MJU has been signed indicating what date has been set for project eligibility you will be notified. I will keep you informed of any additional information which may become available. Sincerely, A6�� SZ44 Stephen M. Saland Senator SMS:ml CC. highway Superintendents S Ppu<Irbe,13,1996 Multi Modal Program Development Eligibility Criteria P—AM EEEMENT cm, 0-6 a.tallal Halt 11-inr capul rs musl be apwovee m,Wn b v—.1—T11.j1. ea,— . - r Ie q a I clli.%.wlonwa ems. Ix er oTheccetrxt mustnc�um p—,scoping'program or seryl eNySnoTi Ixa_nes ane enmanenr ,h=g= i. at for P ascribed br IW Commazloner,for ion e p rammr and consuucuon a wYl Oe regnburzed an p cmnpleupn. nperditu Cpmsa pr w.rshnmmr,rmw,n«hpp.nawa.emml. mom as et%�e m r mrar ee v em�R.xery ox n_Ill = .m � J e<z ammm�mn.e e.amna eai%epnemeoenrea��np),wawa�xarao-ao�yprt<bIaearuNaligr;pbimW a t bm m NvwoT mme Pill,111, 1[o ned wnm mw11. nra�o« 1..' me en. nwwa anv e<n imormabon as may banes%situ;o car ea_"w_oI'trove wnix will n.IMa ampt natty m Ina mmnw.av aemamy%pbugedna drr n t v d:mar,eanwaa w tecta. eswt a.ealtw Para a Almw. «ts mrsl be ewww la Irma'er be mwem<p by ooT. P coat Rwrnbdrs<mm,uiglwgry-pmv<p%n m<w,<a rtm<w<ot w gram apnr,a<r eneear<earn. etl"""Y _ingtwebrsm wz ery reNy EWibla welen tests includ<dolgn eM direct project wsrs. Mmo Porr is arrt talo v".11 avwr. Ica P rWd by the earnmrsuonar,1. raewramen .w«amatt aM<wurrucvm angible expeMi[uroa will ba rdmburud altar 11.1 :canplNen. Iwdrb old«s axpawmrezina cgrs m[irMWe: w wojxt rvsla la corer«Non,rxo«tr«Non, bI, w unwovanent, tass)d trwd issue xeees mw used n i rc ue,wemre w Nra_,l zecwn d+e ahnn.surtNa wvnud dsbur snot di-111voted to ma la yev service Nte o Slsarsa mrateertilnP y coalsYSppT trot rite pgecr nm a scarce Iire d I.or of pmtl Wit G w w P ill J Reanduzanml d mrerasr rasa wM sp rs benaw t w In w Peyr je r a>npt Huls m me Tleuway Aur ry s ohagaiaa ry r Y m p q I rmsrs. wgcivv vrp«tz, .=N-Nq must m ebpr d rw ledirg W tro NysooT Rgms 1.be'.nplemetea W:om,x[xrvvew wemr and vrcsoor. w aN cnu iroarm suas.Puml tc brim cevxt vrxfrve eere. Can o TM mn sepwm. v Flpid. desibn an v Raject sparaas must aPPh.in a Iwma[wezaiEM W the cemniaven,Ica reagranmrs evrim[ias care�a4Wai,p,ocur t aMwnnrmrretusr Ir<n6Nram wl�ll be r.W W:W anx wel<ct awnd 1— gra ry sae a p m w.xPmdilm r<m.,nnmwrwi.wa. �natm<be.rxaavpa�Pn,mwm ancon rxpnstamrrg wee—or avaue w'«otect casts Ina cesb«tie,rewlsv«tie.improvement. — I. ro Iso a kssl of bprd lame wa'zad+may be usetl w la ,I.bbeN<zz<r sea Is We ne,av<In.w me wroatr%ear.n rM da:awt a-rwru; vmuW to evsooT tNl[W wait nn a sswiw m.m to a —bb,awrree wd.ma,mrrn anwnl to Ins roan tb pwa++ol lad rrse airp«ss Itut are tlnigrated W FAA az raiwx airports. owxeM%a rmrs[WPan'nv t<na bra tmmeta l l- Rwaray wave Ix Evan rat bn art ardasrrg rasptwe Han I«a uow.1 go. ea— spasa mol f b<ar,n m con;en wenap warn v z wield rWt w. u wrrw armrm air tti tTtmrwaY Aw.aiw.�igx% tp t „v rwmer;ry bone:mntr:andaee weixt logo.m r pp and son P e o pp«rrs om/w wAkn lwbN/an6rng lrm aaablewwWeepge a aid n eethg eanpHanw wknmst�aaM flee, reptladw% nr wrvA en appwed aVpwrrlryav/rpeatw '. Crsts rot eYgideM rcWtle:. !RojectsriNa ve ro mwla Wvic mszeMv w IrNgnt rrampennion euryese.Fw imranw.a wddr vrves a tarn vxipn,an w—b,a yet,rq Nde le wpwtl M rigible.but em 'p.= wuc murgdpv wapose malt Nde,sUrod,etc.l wwdd cot be eligible; aam�a%vawe wan dassmms et dmlry ralaree ro rro ye smwm ere !ea-9 smNn w ae w ma[do rm[rnwt in a wo9rm-I W etl to vr.sm J RegnMrsemem a nrvesl<n[s wMre spensas bertew to wvinaroe weiec[�expenua.w� a-klallm scare m loco ragas, b Ple..corm M apwwad Ica rwrsrg W Inc rrvsoor RCRcrs m b.'mwmented W rano- spwor I.—T. Brybliry-o ee armamrmt re grant eeNaw.ItxWa mta. r:gnwav%.parkway%am o-iayrs o Toe Elibide weiem coo trcaree Wig— w4xs can. m apwv. a f v w by me Canmismnm,la ,ePLan pa haat,w mr and canruNon v Tmi of.119,.f vpNe n w:ll be regnewsed alter p let rsmpkae. me rrnrdrrgWw®erwmrNtu�n oro nwiOM revwrmmnWewrew i)� m ovxrsa C elipide torr m[drannmt irchdevn rp' t v Rvdinq la Ill w.I—cols for ewsnructiom recmalnxNm,eNw«anmr, a Spener debt lmaMeg miss.b,shwd term pNy;nm m mrene will a Pudicxssportrtie papou.Fa'Iratarca a Pukin9lw wbl� cot rMxamm,,rxprlGgenir,q,rnmrepba mNf.rirauon TMuvray Awnairy banes ma[rinbwse eoin'cuts. vrlsat.a a Pat gra Igm tut wawa m dlpble,but gra 1w armtrer Sxcwry mutr d vllae .9--aPa,wryIlabi., .Z. J GemrL adminctrarwe overhead disWnemmo net&eNy relemtl to Inc t0 year service It. v Spomw mue rvtilYm NYSOCIT: prq sworn bh-tAv zlsewe/zAasasa-.irc Ole al l0wmwe yea..c rvNNtrrgen mw<rmarce m/earW Nrrhdwejeczz- J Reimbwsemmt el intxo[tas�`wmere<spmsom bmow to�:rmm ageca.:�penwz�t� ser/lw rM mawalaerwmhdwa/shve �Yy Iurrdca ,KnlvnaNsertwJy-lmds regunled ve no yeafa'Ihm calor - mmfass.rfnmatisWpPixrevpw.Fave% wwg mnygendw mxriNs irtcorpwmMia mraiylrgwgece/ - arrount o/mwxipN/rmm apyow/erM ' - n,�answsaion vP/arP'�F<n slop rot ca rawceC Mr;vx<a/ anw%nt«pf are nauwav 1—11 re ro ta<wrwv marx eewnr.o. V�eYgwmrrm r Bands a nsidered Private ARivity Bonds,and potentially taxable,if more than to p—t of the pn;ceeds of an issue are used for any private business v The test is whether payment of the principal nf,w interest on,m re than 10 percent d the p,xeeds d an issue is secured by wdertred f any interest in property used fw a private business or payments in respect d svrh property te.g5,eat,)or borrowed money used Tor a private business. The to percent becomes 5 percent rot busirre se that is not related or is disproportionate to government use.A—drngly,hood finaxing d facilities to be used in w by a private bosirtess reed either to be reviewed against the tests or assumed taxable within the v Ne.marPd�r<Pnraaa%d•Ann rw„ww„•rn,,�.____ r....un:,... _,..e.r._..<r<m:u:,.....r..,;,,_,.w..r,e..rra-1,,.,al.:..._T"" — _:1___.:--_r.._.__.:...........:....--'--:::__..rr,n__ P & MARTIN Consulling A'ngineet-s & ],and Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914--471--7 898 April 26 , 1990 Town of Wappinger 20 Middlebush Road Wappingers Falls , New York 12590 Attention: Town Board Reference : Carlquist Drainage Dear Board Members : As per your request, we have looked into the Carlquist drainage situation, and have determined a possible solution. Our recommendation is ,, the, a4dition, of asphalt curbing and catch basins along �oGarmo Hills Road adjacent to Carlquist' s property, with pipe that would transport the flow of water to the stream which is located behind the Carlquist' s property. The construction cost for this proposal would be approximately $ 60 , 000 . 00 . Fees for the easement acquisition were excluded from the total cost. We have added this in the master list sent to you on April 26 , 1990 . If you there are any question,s or concerns in regards to this project, please do not hesitate to contact this office. Very truly yours , V Joseph F. Paggi , Jr./ P . E. JEP :nar f( IVED 11AY 0 4 1990 ELAINr. SNOWDell 7'C)WN CLERK Joseph E.Paggi,jr.,P,L,3— Ernst Martin,Jr., P.E., L.S. October 27 , 1989 George G. Carlquist 83 De Garmo Hills Road Wappinger Falls, New York 12590 Wappinger Town Board Box 324 20 Middlebush Road Wappinger Falls, New York 12590 Dear Board Members, I wish to take this opportunity to address the drainage problem that exist on De Garmo Hills Road. Specifically in front of number 83 . In moderate to heavy rains the water flows over the road and washes out the lot at this location. This happens on an average of two times per year. I 'm aware that in as much as this effects only one or two lots it has. very low priority. Also the fact that two or three votes are somewhat unimportant. This is historically a fairly high accident rate area and the wet conditions only add to the possibility of a tragedy occurring. It is useless of me to ask for your help in solving this situation as , I- have since 1973 and nothing has been done. However, not if but when an accident occurs the victim or the survivor will certainly be made aware of the fact that the Town has known this problem exist but chose to ignore it! Yours. truly, George G. Carlquist RECEIVED CC. Councilman NOV 19"Town of Wappinger ELAINE H. MOWDEN j Tour, - Clerk I