1992-07-13 SPMI 7C
SP71392
A Special Meeting of the Town Board of the Town of Wappinger
was held on July 13, 1992, at the Town Hall, 20 Middlebush Road,
Wappingers Falls, Dutchess County, New York.
Supervisor Smith opened the Meeting at 6:45 P.M.
Present:
Constance Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Robert. Wallace, Councilman
Others Present:
Albert Roberts, Attorney
The Supervisor scheduled this meeting for the purpose of
voting on condemnation of certain parcels required for the
construction of sewer lines for the expansion of the
Tri -Municipal Sewage Plant to serve the Town of Wappinger.
Notices were sent out on July 1, 1992 to the Town Board and the
media, setting the meeting for July 13, 1992 at 6:45 P.M.
for the above mentioned purpose; notice was also posted on the
Bulletin Board on the same date.
DETERMINATION AND FINDINGS IN
CONNECTION WITH CONDEMNATION PROCEEDINGS
FOR THE WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT
In the matter of acquisition or condemnation by the Town of
Wappinger pursuant to the Eminent Domain Procedure Law of the
State of New York, of a portion of the premises located within
the Town of Wappinger owned by Keith G. Capolino identified by
tax grid number 19-6157-01-240641-00:
A Resolution was made by COUNCILWOMAN VISCONTI and seconded by
Councilman Mills, as follows:
WHEREAS, the Town Board of the Town of Wappinger has
heretofore authorized the formation of the Wappinger Sewer
Transmission/Treatment Improvement (hereinafter referred to as
"Improvement") pursuant to Article 12-C of the Town Law for the
purposes of constructing a sewer transmission trunk line and a
one (1) million gallon per day expansion of the sewer treatment
facility known as the Tri -Municipal Sewage Plant, located in
the Town of Poughkeepsie; and
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WHEREAS, as part of formation of the Improvement, the Town
Board, pursuant to Article 8 ECL, and Title 6 Part 617 NYCRR.,
has caused to be prepared and accepted an Environmental Impact.
Statement, and pursuant thereto has made a Statement of Findings
adopted on March 11, 1991; and
WHEREAS, the engineering design and plans require that the
sewer transmission trunk line will have to be constructed and
installed in and through various parcels of privately and
publicly owned property generally set forth in a certain map
prepared by Paggi and Martin, Engineers to the Improvement,
entitled "Sewage Transmission Line, Town of Wappinger", dated.
November 1990, revised May 19, 1992, job number 89-077/1.1; and
WHEREAS, the Engineers to the Improvement, Paggi and Martin,
have determined that the sewer transmission trunk line must pass
through the property owned by Keith G. Capolino (the "Capolino
parcel") and identified by tax map grid number 19-6157-01-
240641-00; and
WHEREAS, Paggi and Martin have prepared an acquisition map
dated June 4, 1992 identifying the location of the easements
needed for the construction of the sewer transmission trunk line
through the aforementioned Capolino parcel, entitled "Town of
Wappinger Easement to be Acquired From: Keith. G. Capolino,
109 Old Hopewell Road, Wappingers Falls, New York, 12590,
For: Wappinger Sewer Transmission/Treatment Improvement Area"
a copy of which is on file with the Town Clerk of the Town of
Wappinger.; and in conjunction with said maps, Paggi and Martin
have prepared metes and bounds descriptions of the easements,
both permanent and temporary, through the Capolino parcel,
attached hereto collectively as Exhibit A; and
WHEREAS, copies of the acquisition map and metes and bounds
descriptions were served upon Keith G. Capolino and his attorney
on or about June 9, 1992; and
WHEREAS, McGrath, Casciani & Associates, Real Estate
Appraisers, have prepared an appraisal appraising the value of
the aforementioned easements and rights-of-way to be $1,467.00
with a per diem of $.38 for the temporary easement and right-
of-way; and
WHEREAS, in accordance with this appraisal and pursuant to
the requirements of the Eminent Domain Procedure Law, the Town
of Wappinger, on behalf of the Wappinger Sewer Transmission/
Treatment has offered $1,467.00 to Keith G. Ca,polino for the
permanent easement and will pay the $.38 per diem for each day
the temporary easement and right-of-way is used, constituting
1009 of the aforementioned appraised value as compensation for
the aforementioned easements and rights-of-way and, in the
alternative, also offered an Advance Payment in the same amount.
The terms of these offers are set forth in the letter sent by
the Town Supervisor to the aforementioned property owners of the
affected parcel and made part of the permanent record at the
public hearing referred to below; and
WHEREAS, a notice of public hearing was published in five
(5) consecutive issues of the Poughkeepsie Journal from June 9
1992 to and including June 13, 1992, and in two (2) successive
issues of the Southern Dutchess News on Domain Procedure Law
Section 202, and the affidavits of publication have been filed
and made a part of the permanent record herein; and
WHEREAS, a public hearing in this matter was held on June
SP71392
22, 1992, at 6:15 p.m. at the Town Hall, Town of Wappinger,
and
WHEREAS, the presentation by the Town and statements made at
the public hearing were recorded by a certified court
stenographer and the record thereof has been filed on or about
July 8, 1992 and made available to the public during normal
business hours at the Town Clerk's Office and Dutchess County
Clerk's Office pursuant to Section 203 of the Eminent Domain
Procedure Law; and
WHEREAS, in addition to the published notice of public
hearing, individual notice was sent to the aforementioned owner
and his attorney and the affidavit of service of such individual
notice has been filed and made a part of the permanent record
herein; and
WHEREAS, in accordance with Section 203 of the Eminent
Domain Procedure Law, the Engineer to the Town, Joseph E. Paggi,
Jr. of Paggi & Martin, gave testimony with respect to the
location of the proposed easements and affirmed that there would
be no practical alternate site, and that the required easements
over the Capolino parcel were therefore necessary and essential
to the construction of the sewer transmission trunk line; and
WHEREAS, it is in the best interest, health, safety and
welfare of the citizens of the Town of Wappinger and a matter
of public necessity that acquisition by condemnation pursuant
to the Eminent Domain Procedure Law of the State of New York
of permanent and temporary easements in the Capolino parcel be
made for the aforesaid sewer transmission trunk line.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD FINDS
THAT:
1. With respect to the construction and installation of
the sewer transmission trunk line and the expansion of the
Tri -Municipal Sewage Plant, the Town Board pursuant to Article 8
ECL and Title 6 Part 617 NYCRR, has caused to be prepared and
accepted an Environmental Impact Statement and has made a
Statement of Findings pursuant thereto, adopted by the Town
Board on March 11, 1991, which is available for inspection by
the public at the Town Clerk's Office located at 20 Middlebush
Road, Wappingers Falls, New York on Monday through Friday during
normal business hours, and is incorporated by reference into
this Determination and Findings and record herein.
2. The easements and right-of-way, both permanent and
temporary, through the parcel owned by Keith G. Capolino and
identified by tax map grid number 19-6157-01-240641-00, are
required and necessary for the construction and installation
of the sewer transmission trunk line.
3. No alternate site is practical or feasible with respect
to construction of the sewer transmission trunk line to be
installed through the Capolino parcel identified by tax map
grid number 19-6157-01-240641-00.
4. The required permanent easement is 0.198+_ acres of
the Capolino parcel described by tax map grid number
19--6157-01-240641-00.
5. The required temporary easement is 0.093+_ acres of
the Capolino parcel described by tax map grid number 19-6157-
01-240641-00.
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6. The metes and bounds descriptions of easements and
rights-of-way are described in Exhibit A attached hereto.
7. The Town has offered $1,467.00 constituting 100% of
the highest approved appraisal of just compensation for such
easements and rights-of-way, and will pay $.38 for each day
the temporary easement and right-of-way is used.
8. The Town has also offered, in the alternative, advance
payment in the same sum of $1,467.00 which would reserve unto
the owner the right to seek additional compensation as damages
from a Court of competent jurisdiction.
9. Keith G. Capolino has not voluntarily granted the
easements and rights-of-way required through his parcel for the
construction and installation of the sewer transmission trunk
line, t hereby requiring condemnation pursuant to the Eminent
Domain Procedure Law.
10. It is in the best interest, health, safety and welfare
of the citizens of the Town of Wappinger and a matter of public
necessity that acquisition by condemnation pursuant to the
Eminent Domain Procedure Law of the State of New York of the
permanent and temporary easements in the Capolino parcel be made
for the aforesaid sewer transmission trunk line.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE TOWN BOARD
THAT:
1. This Determination and Findings shall be filed with the
Town Clerk's Office located at 20 Middlebush Road, Wappingers
Falls, New York and the Dutchess County Clerk's Office located
at 22 Market Street, Poughkeepsie, New York, and the Town Clerk
shall furnish, upon written request, copy of same without cost
for inspection and review by the public.
2. The Town Clerk is directed, pursuant to Section 204 of
the Eminent Domain Procedure Law, to publish, in form attached
hereto, a brief synopsis of this Determination and Findings in
two (2) successive issues of the Southern Dutchess News and in
two (2) successive issues of the Poughkeepsie Journal within
90 days of the conclusion of the public hearing of June 22,
1992, and forward a copy of the full text of this Determination
and Findings to Mr. Capolino and his attorney.
3. In accordance with this Determination and Findings
the Attorney to the Town is authorized, directed and empowered
to commence judicial proceedings to acquire, by condemnation,
title to the aforesaid easements, permanent and temporary,
by service on notice to Keith G. Capolino and his attorney
all documents necessary to effectuate condemnation of the
aforesaid permanent and temporary easements and rights-of-
way including, but not limited to: (i) Notice of Petition and
Petition to Acquire Easements and Rights -of -Way in Real Property
and For Filing of Acquisition Map Pursuant to the Eminent Domain
Procedure Law; (ii) proposed Order; (iii) proposed Order;
(iv) Request for Judicial Intervention, and all other documents
and acts necessary to effectuate condemnation pursuant to the
Eminent Domain Procedure Law.
4. Accordingly, the Town Supervisor is authorized to
execute all documents on behalf of the Town necessary to
commence litigation and acquire the subject easements and
rights-of-way.
Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent
SP71392
iq�
From: Keith G. Capolino Permanent Easement #1 of 1
0.98+_ Acre Parcel
To: Town of Wappinger on Town of Wappinger
Behalf of Wappinger Sewer Dutchess County, N.Y.
Transmission/Treatment
Improvement Area
Beginning at a point, said point being distant, South 430 36'40"
East 206.31 feet, South 22006'40" East 109.71 feet, South 430
36'40" East 265.00 feet and South 04057'00" West 180.00 feet
from the northerly corner of Parcel "A" as shown on a map
entitled, "Subdivision Plat Prepared for Margaret Capolino"
on file in the Dutchess County Clerk's Office as File Map No.
9145, said point of beginning being on the westerly line of
other lands of said Capolino (Parcel "B" - File Map No. 9145);
thence leaving said point of beginning and running along the
westerly line of said Capolino (Parcel "B" - File Map No.9145)
South 18049'30" East 69.28 feet; thence leaving said westerly
line of Capolino (Parcel "B" - File Map No. 9145) and running
through lands of Capolino (Parcel "A" - File Map No. 9145),
South 03016'00" West 147.03 feet and South 68010040" East
72.88 feet to a point being.on the aforementioned westerly line
of lands of Capolino (Parcel "B" - File Map No. 9145); thence
running along said westerly lot line, South 18049'30" East
39.54 feet; thence leaving said westerly lot line and running
through said lands of Capolino (Parcel "A" - File Map No.9145)
the following courses and distances: North 68010'40" West
120.21 feet, North 03016'00" East 194.73 feet and North 090
11'10" East 38.27 feet to the point of beginning containing
0.198+—acres of land.
From: Keith G. Capolino Temporary Easement No 1 of 1
0.093+ Acre Parcel
To: Town of Wappinger on Town of Wappinger
Behalf of Wappinger Sewer Dutchess County, N.Y.
Transmission/Treatment
Improvement Area
Beginning at a point, said point being distant, South 43036'40"
East 206.31 feet, South 22006'40" East 109.71 feet, South 43o
36'40" East 265.00 feet and South 04057'00" West 85.42 feet from
the northerly corner of Parcel "A" as shown on a map entitled,
"Subdivision Plat Prepared for Margaret Capolino", on file in
the Dutchess County Clerk's Office as File Map No. 9145, said
point of beginning also being on the westerly line of other
lands of Capolino (Parcel "B" - File Map No. 9145; thence
running along said westerly line of Capolino (Parcel "B" - File
Map No. 9145), South 04057'00" West 94.58 feet; thence leaving
said westerly lot line and running through said lands of
Capolino (Parcel "A" - File Map No. 9145) the following courses
and distances: South 09011'10" West 38.27 feet, South 03016'00"
West 194.73 feet and South 68010'40" East 120.21 feet to a point
being on said westerly line of Capolino (Parcel "B" - File Map
No. 9145); thence running along said westerly line of Capolino
(Parcel "B" - File Map No. 9145)< South 18049'30" East 13.18
feet; thence leaving said westerly lot line of Capolino (Parcel
"B" - File Map No. 9145) and running through lands of Capolino
(Parcel "A" - File Map No. 9145) the following courses and
distances: North 68010'40" West 135.99 feet, North 03016'00"
East 202.56 feet and North 10029'20" East 133.03 feet to the
point of beginning containing 0.093+_ acres of land.
SP71392
DETERMINATION AND FINDINGS IN
CONNECTION WITH CONDEMNATION PROCEEDINGS
FOR THE WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT
In the matter of acquisition or condemnation by the Town of
Wappinger pursuant to the Eminent Domain Procedure Law of the
State of New York, of a portion of the premises located within
the Town of Wappinger owned by the Estate of Margaret A.
Capolino identified by tax grid number 19-6157-01-288662-00:
A Resolution was made by COUNCILWOMAN VISCONTI and seconded by
Councilman Valdati, as follows:
WHEREAS, the Town Board of the Town of Wappinger has
heretofore authorized the formation of the Wappinger Sewer
Transmission/Treatment Improvement (hereinafter referred to
as "Improvement") pursuant to Article 12-C of the Town Law
for the purposes of constructing a sewer transmission trunk
line and a one (1) million gallon per day expansion of the
sewer treatment facility known as the Tri -Municipal Sewage
Plant, located in the Town of Poughkeepsie; and
WHEREAS, as part of formation of the Improvement, the
Town Board, pursuant to Article 8 ECL, and Title 6 Part 617
NYCRR, has caused to be prepared and accepted an Environmental
Impact Statement, and pursuant thereto has made a Statement of
Findings adopted March 11, 1991; and
WHEREAS, the engineering design and plans require that the
sewer transmission trunk line will have to be constructed and
installed in and through various parcels of privately and
publicly owned property generally set forth in a certain map
prepared by Paggi and Martin, Engineers to the Improvement,
entitled "Sewage Transmission Line, Town of Wappinger", dated
November 1990, revised May 19. 1992, job number 89-077/1.1; and
WHEREAS, in order for the sewer transmission trunk line
to be constructed and installed through privately or publicly
owned lands, the Town must obtain necessary easements and
rights-of-way through the various parcels; and
WHEREAS, the Engineers to the Improvement, Paggi and Martin,
have determined that the sewer transmission trunk line must pass
through the property owned by the Estate of Margaret A. Capolino
(the "Estate of Capolino parcel") and identified by tax map grid
number 19-6157-01-288662-00; and
WHEREAS, Paggi and Martin have prepared an acquisition map
dated June 4, 1992 identifying the location of the easements
needed for the construction of the sewer transmission trunk
line through the aforementioned Estate of Capolino parcel,
entitled "Town of Wappinger Easement to be Acquired From:
Estate of Margaret Capolino, Old Hopewell Road, Wappingers
Falls, New York 12590 For: Wappinger Sewer Transmission/
Treatment Improvement Area" a copy of which is on file with
the Town Clerk of the Town of Wappinger; and in conjunction with
said maps, Paggi and Martin have prepared metes and bounds
descriptions of the easements, both permanent and temporary,
through the Estate of Capolino parcel, attached hereto
collectively as Exhibit A; and
WHEREAS, copies of the acquisition map and metes and bounds
SP71392
descriptions were served upon the Estate of Margaret A. Capolino
and its attorney on or about June 9, 1992; and
WHEREAS, McGrath, Basciani & Associates, Real Estate
Appraisers, have prepared an appraisal appraising the value of
the aforementioned easements and rights-of-way to be $3,802.00
with a per diem of $.66 for the temporary easements and rights-
of-way; and
WHEREAS, in accordance with this appraisal and pursuant to
the requirements of the Eminent Domain Procedure Law, the Town
of Wappinger, on behalf of the Wappinger Sewer Transmission/
Treatment Improvement, has offered $3,802.00 to the Estate of
Margaret A. Capolino for the permanent easement and will pay
the $.66 per diem for each day the temporary easements and
rights-of-way are used, constituting 100% of the aforementioned
easements and rights-of-way and, in the alternative, also
offered an Advance Payment in the same amount. The terms of
these offers are set forth in the letter sent by the Town
Supervisor to the aforementioned property owner of the affected
parcel and made part of the permanent record at the public
hearing referred to below; and
WHEREAS, a notice of public hearing was published in five
(5) consecutive issues of the Poughkeepsie Journal from June
9, 1992 to and including June 13, 1992, and in two (2)
successive issues of the Southern Dutchess News on June 10,
1992 and June 17, 1992 pursuant to Eminent Domain Procedure
Law Section 202, and the affidavits of publication have been
filed and made a part of the permanent record herein; and
WHEREAS, a public hearing in this matter was held on June
22, 1992, at 6:30 p.m. at the Town Hall, Town of Wappinger; and
WHEREAS, the presentation by the Town and statements made
at the public hearing were recorded by a certified court
stenographer and the record thereof has been filed on or about
July 8, 1992 and made available to the public during normal
business hours at the Town Clerk's Office and Dutchess County
Clerk's Office pursuant to Section 203 of the Eminent Domain
Procedure Law; and
WHEREAS, in addition to the published notice of public
hearing, individual notice was sent to the aforementioned owner
and its attorney and the affidavit of service of such individual
notice has been filed and made a part of the permanent record
herein; and
WHEREAS, in accordance with Section 203 of the Eminent
Domain Procedure Law, the Engineer to the Town, Joseph E. Paggi,
Jr. of Paggi & Martin, gave testimony with respect to the
location of the proposed easements and affirmed that there would
be no practical alternate site, and that the required easements
over the Estate of Capolino parcel were therefore necessary and
essential to the construction of the sewer transmission trunk
line; and
WHEREAS, it is in the best interest, health, safety and
welfare of the citizens of the Town of Wappinger and a matter
of public necessity that acquisition by condemnation pursuant
to the Eminent Domain Procedure Law of the State of New York
of permanent and temporary easements in the Estate of Capolino
parcel be made for the aforesaid sewer transmission trunk line.
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN BOARD
SP71392
FINDS THAT:
1. With respect to the construction and installation
of the sewer transmission trunk line and the expansion of the
Tri -Municipal Sewage Plant, the Town Board pursuant to Article
8 ECL and Title 6 Part 617 NYCRR, has caused to be prepared and
accepted an Environmental Impact Statement and has made a
Statement of Findings pursuant thereto, adopted by the Town
Board on March 11, 1991, which is available for inspection
by the public at the Town Clerk's Office located at 20
Middlebush Road, Wappingers Falls, New York on Monday
through Friday during normal business hours, and is
incorporated by reference into this Determination and
Findings and record herein.
2. The easements and right-of-way, both permanent and
temporary, through the parcel owned by the Estate of Margaret
A. Capolino and identified by tax map grid number 199-6157-01-
288662-00, are required and necessary for the construction and
installation of the sewer transmission trunk line.
3. No alternate site is practical or feasible with
respect to construction of the sewer transmission trunk line
to be installed through the Estate of Capolino parcel
identified by tax map grid number 19-6157-01-288662-00.
4. The required permanent easements are 0.728+ and
0.859+_ acres of the Estate of Capolino parcel described
by tax map grid number 19-6157-01-288662-00.
5. The required temporary easement is 0.212+ and
0.287+_ acres of the Estate of Capolino parcel described
by tax map grid number 19-6157-01-288662-00.
6. The metes and bounds descriptions of easements and
rights-of-way are described in Exhibit A attached hereto.
7. The Town has offered $3,802.00 constituting 100% of
the highest approved appraisal of just compensation for such
easements and rights-of-way, and will pay $.66 for each day
the temporary easements and rights-of-way are used.
8. The Town has also offered, in the alternative,
advance payment in the same sum of $3,802.00 which would
reserve unto the owner the right to seek additional compensation
as damages from a Court of competent jurisdiction.
9. The Estate of Margaret A. Capolino has not
voluntarily granted the easements and rights-of-way required
through its parcel for the construction and installation of the
sewer transmission trunk line, thereby requiring condemnation
pursuant to the Eminent Domain Procedure Law.
10. It is in the best interest, health, safety and
welfare of the citizens of the Town of Wappinger and a matter
of public necessity that acquisition by condemnation pursuant
to the Eminent Domain Procedure Law of the State of New York
of the permanent and temporary easements in the Estate of
Capolino parcel be made for the aforesaid sewer transmission
trunk line.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE TOWN BOARD THAT:
1. This Determination and Findings shall be filed with
the Town Clerk's Office located at 20 Middlebush Road,
SP71.392
Wappingers Falls, New York and the Dutchess County Clerk's
Office located at 22 Market Street, Poughkeepsie, New York,
and the Town Clerk shall furnish, upon written request, copy
of same without cost for inspection and review by the public.
2. The Town Clerk is directed, pursuant to Section 204
in. of the Eminent Domain Procedure Law, to publish, in form
attached hereto , a brief synopsis of this Determination and
Findings in two (2) successive issues of the Southern
Dutchess News and in two (2) successive issues of the
Poughkeepsie Journal within 90 days of the conclusion of
the public hearing of June 22, 1992, and forward a copy of
the full text of this Determination and Findings to the Estate
of Margaret A. Capolino c/o Mr. Kenneth Capolino and the
Estate's attorney.
3. In accordance with this Determination and Findings
the Attorney to the Town is authorized, directed and empowered
to commence judicial proceedings to acquire, by condemnation,
title to the aforesaid easements, permanent and temporary, by
service on notice to the Estate of Margaret A. Capolino c/o
Mr. Kenneth Capolino and the Estate's attorney all documents
necessary to effectuate condemnation of the aforesaid permanent
and temporary easements and rights-of-way including, but not
limited to: (i) Notice of Petition and Petition to Acquire
Easements and Rights -of -Way in Real Property and for Filing of
Acquisition Map Pursuant to the Eminent Domain Procedure Law;
(ii) Notice of Pendency; (iii) proposed Order; (iv) Request for
Judicial Intervention, and all other documents and acts
necessary to effectuate condemnation pursuant to the Eminent
Domain Procedure Law.
4. Accordingly, the Town Supervisor is authorized to
execute all documents on behalf of the Town necessary to
commence litigation and acquire the subject easements and
rights-of-way.
Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent
From: Estate of Margaret Capolino Permanent Easement *1of2
0.728+ Acre Parcel
To: Town of Wappinger on Behalf Town of Wappinger
of Wappinger Sewer Transmission/ Dutchess County, N.Y.
Treatment Improvement Area
Beginning at a point, said point being distant, North 24026'
20" East 111.32 feet and North 20006'20" East 37.89 feet from
the northerly corner of Parcel "A" as shown on a map entitled,
"Subdivision Plat Prepared for Margaret Capolino", on file in
the Dutchess County Clerk's Office as File Map No. 9145, said
point of beginning also being on the easterly line of New York
State Route 91); thence continuing along said easterly road line,
North 20006'20" East 30.02 feet; thence leaving said easterly
road line and running through said lands of Capolino (Parcel
"B" - File Map No. 9145) the following courses and distances:
South 71059'50" East 252.89 feet, South 46047'20" East 183.03
feet, South 02007'00" West 317.69 feet and South 09058'20"
West 337.05 feet to a point being on the easterly line of said
Parcel "A", File Map No. 9145; thence running along said
easterly lot line, North 18049'30" West 69.28 feet; thence
leaving said easterly lot line and running through said lands
of Capolino (Parcel "B" - File Map No. 9145) the following
courses and distances: North 10040'10" East 274.43 feet,
North 02007'00" East 301.85 feet, North 46047'20" West 162.68
\q
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feet and North 71059'50" West 247.28 feet to the point of
beginning containing 0.728+_ acres of land.
From: Estate of Margaret Capolino Permanent Easement
#2of2,0.859+_Acre
To: Town of Wappinger on Behalf Town of Wappinger
of Wappinger Sewer Transmission/ Dutchess Co. N.Y.
Treatment Improvement Area
Beginning at a point, said point being distant, South 43036'40"
East 206.31 feet, South 22006'40" East 109.71 feet, South
43036'40" East 265.00 feet, South 04057'00" West 180.00 feet and
South 18049'30" East 252.99 feet from the northerly corner of
Parcel "A" as shown on a map entitled, "Subdivision Plat for
Margaret Capolino", on file in the Dutchess County Clerk's
office as File Map No. 9145, said point of beginning being on
the easterly line of said Parcel "A"; thence leaving said
easterly lot line and running through said lands of Capolino
(Parcel "B" - File Map No. 9145) the following courses and
distances: South 68010'40" East 43.84 feet, South 51043'00"
East 194.64 feet, South 02056'50" West 279.35 feet, South
66033'10" East 344.33 feet, South 82052'30" East 305.28 feet
and North 46022'20" East 77.29 feet to a point being at the
westerly corner of lands now or formerly Ekstroem, Liber 1751,
Page 045; thence leaving said westerly corner and running along
the westerly line of said Ekstroem, South 28002'00" East 31.14
feet; thence leaving said westerly line of Ekstroem and running
through said lands of Capolino (Parcel "B" - File Map No. 9145)
the following courses and distances: South 46022'20" West 83.15
feet, North 82052'30" West 323.81 feet, North 66033'10" West
369.44 feet North 82052'30" West 323.81 feet, North66o33'10"
West 369.44 feet, North 02056'50" East 284.65 feet, North
51043'00" West 174.80 feet and North 68010'40" West 13.75 feet
to a point being on the westerly line of said (Parcel "B". File
Map No. 9145); thence running along said westerly line, North
18049'30" West 39.54 feet to the point of beginning containing
0.859+_ acres of land.
From: Estate of Margaret Capolino Temporary Easement #1of2
0.212+ Acre Parcel
To: Town of Wappinger on Behalf Town of Wappinger
of Wappinger Sewer Transmission/ Dutchess Co. N.Y.
Treatment Improvement Area
Beginning at a point, said point being distant, North 24026'20"
East 111.32 feet and North 20006'20" East 27.88 feet from the
northerly corner of Parcel "A" as shown on a map entitled,
"Subdivision Plat Prepared for Margaret Capolino", on file
in the Dutchess County Clerk's Office as File Map No. 9145, said
point of beginning also being on the easterly line New York
State Route 91); thence continuing along said easterly roadline,
North 20006'20" East 10.01 feet; thence leaving said easterly
road line and running through said lands of Capolino (Parcel
"B" - File Map No. 9145) the following courses and distances:
South71o59'50" East 247.28 feet, South 46047'20" East 162.68
feet, South 02007'00" West 301.85 feet and South 10040'10"
West 274.43 feet to a point being on the easterly line of said
lands of Capolino (Parcel "A" - File Map No. 9145); thence
running along said easterly lot line, North 04057'00" East
I]`
SP71392
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94.58 feet; thence leaving said easterly lot line and running
through said lands of Capolino (Parcel "B" - File Map No. 9145)
the following curses and distances: North 10029'20" East 179.56
feet, North 02007'00" East 296.57 feet, North 46047'20" West
155.89 feet and North 71059'50' West 245.41 feet to the point
of beginning containing 0.212+_ acres of land.
From: Estate of Margaret Capolino Temporary Easement
#2of2, 0.287+—Acre
To: Town of Wappinger on Behalf Town of Wappinger
of Wappinger Sewer Transmission/ Dutchess Co. N.Y.
Treatment Improvement Area
Beginning at a point, said point being distant, South 43036'40"
East 206.31 feet, South 22006'40" East 109.71 feet, South 43036'
40" East 265.00 feet, South 04057'00" West 180.00 feet and South
18049'30" East 292.53 feet from the northerly corner of Parcel
"A" as shown on a map entitled, "Subdivision Plat Prepared for
Margaret Capolino", on file in the Dutchess County Clerk's
Office as File Map No. 9145, said point of beginning also being
on said easterly line of lands of Capolino (Parcel "A" - File
Map No. 9145); thence leaving said easterly lot line and running
through said lands of Capolino (Parcel "B" - File Map No. 9145)
the following course and distances: South 68010'40" East 13.75
feet, South 51043'00" East 174.80 feet, South 02056'50" West
284.65 feet, South 66033'10" East 369.44 feet, South 82052'30"
East 323.81 feet and North 46022'20" East 83.15 feet to a point
being on the westerly line of lands now or formerly Ekstroem,
Liber 1751, Page 045; thence running along said westerly lot
line, South 28002'00" East 10.38 feet; thence leaving said
westerly line of Ekstroem and running through said lands of
Capolino (Parcel "B" - File Map No. 9145) the following courses
and distances: South 46022'20" West 85.10 feet, North 82052'30"
West 329.98 feet, North 66033'10" West 377.81 feet, North 02056'
50" East 286.42 feet and North 52004'00" West171.75 feet to a
point being on the easterly line of said lands of Capolino
(Parcel "A" - File Map No. 9145)' thence running along said
easterly lot line, North 18049'30" West 13.18 feet to the point
of beginning containing 0.287+_ acres of land.
There was no other business to come before the Board.
MRS. VISCONTI moved to close the Special Meeting, seconded
by Mr. Mills and unanimously carried.
The Special Meeting closed at 6:55 P.M.
Elaine H. Snowden
Town Clerk