2011-2452011-245
Resolution Accepting Easements Relative to Pocket Ponds Located in the Blackwatch Farm
Subdivision
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 27,
2011.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Beale.
WHEREAS, Blackwatch Development, LLC had previously made application to the
Town of Wappinger Planning Board to approve a subdivision of lands more particularly
described in a subdivision map entitled `Blackwatch Farm", prepared by Oswald and Gillespie,
P.C., dated June 1, 1999, and subsequently revised from time to time; and
WHEREAS, Robert V. Oswald, Jr., and his wife, Cynthia M. Oswald, acquired title to
the property from Blackwatch Development, LLC, by deed recorded in the Dutchess County
Clerk's Office on June 29, 2000, as document number 02 2000 5661; and
WHEREAS, Robert V. Oswald, Jr., and Blackwatch Development, LLC, received
Subdivision Approval for a Subdivision entitled "Blackwatch Farm" by Resolution dated May 3,
2004, subject to, and conditioned upon, fulfillment of the conditions set forth in the
aforementioned Resolution, and subject to certain improvements being made and constructed as
set forth in the aforesaid Subdivision Map and related Contract Drawings, all in accordance with
the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and
Rules and Regulations of the Town Code; and
WHEREAS, the Subdivision Map for the Blackwatch Farm Subdivision was filed in the
Dutchess County Clerk's Office on May 2, 2005, as Map No. 11793; and
WHEREAS, Robert V. Oswald, Jr., transferred the property contained in the Blackwatch
Farm Subdivision to Blackwatch Development, LLC, by deed recorded in the Dutchess County
Clerk's Office on June 6, 2005, as document number 02 2005 4816; and
WHEREAS, at the time the Subdivision was approved by the Town of Wappinger
Planning Board, the standards and specifications for the development of the SWPPP were
different than they are now; and
WHEREAS, Blackwatch Development, LLC, has constructed the S WPPP improvements
in accordance with current standards; and
WHEREAS, Blackwatch Development, LLC, has received approval from the Town of
Wappinger Planning Board to amend the requirements for the SWPPP improvements to be
consistent with current standards and to authorize acceptance of the improvements for the
S WPPP as constructed rather than as initially proposed; and
WHEREAS, the Applicant has tendered to the Town of Wappinger the following
documents: Irrevocable Offer of Cession and Dedication for Utility Easement Nos. 4, 5, 6, 7 and
9, along with Drainage and Utility Easement #4, #5, #6, 47 and #9, together with their respective
TP -584; Irrevocable Offer of Cession and Dedication for the Snow and Utility Easement No. 10,
along with Snow, Drainage and Utility Easement #10, together with their respective TP -584;
Irrevocable Offer of Cession and Dedication for the Snow Easement No. 11, along with Snow
Easement 411, together with their respective TP -584; Irrevocable Offer of Cession and
Dedication for the FD Access Easement No. 8, along with Easement for Firematic Purposes 48,
together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the 30'
Buffer Easement No. 1 and 40' Buffer Easement No. 2, along with 30' Buffer Easement #1 and
40' Buffer Easement #2, together with their respective TP -584; Irrevocable Offer of Cession and
Dedication along with Deed to Viola Court and Gerhart Court, together with their respective TP -
584 and RP -5217; Irrevocable Offer of Cession and Dedication, along with Deed conveying
44.08 acres for recreation purposes to the Town of Wappinger, together with their respective TP -
584 and RP -5217; Declaration of Covenants and Restrictions with Wetland Protection, together
with its respective TP -584, all in recordable form and approved by the Attorney to the Town,
Albert P. Roberts, by letter dated April 20, 2005; and
WHEREAS, the Town Board has previously accepted the roads, the 30' Buffer
Easement 41 and 40' Buffer Easement #2 together with Snow Easement #11, as shown on the
Subdivision Map for Blackwatch Farm Subdivision all in form acceptable to the Attorney to the
Town and Engineer to the Town and, is now desirous to accept the Easement for Firematic
Purposes #8 and Snow, Drainage and Utility Easement #10 relative to the pocket ponds and
expressly agrees not to accept the Drainage and Utility Easement #4, #5, 46, #7 and #9, made in
connection with Lot No.3 in the Blackwatch Farm Subdivision, until such time as it receives a
signed Conditional License and Release for the homeowner.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that it is in the best interest of the residents of
the Town of Wappinger, particularly the residents of the Blackwatch Farm
Subdivision, to accept the following easements offered for dedication in
connection with the Blackwatch Farm Subdivision: Easement for Firematic
Purposes #8, Snow, Drainage and Utility Easement #10 and Drainage and Utility
Easement #4, #5, 47 and #9.
3. The Town Board expressly agrees not to accept the Drainage and Utility
Easement #6 located on Lot No.3 on filed map # 11793 in the Blackwatch Farm
Subdivision at this time.
4. The Town Board further confirms that it has previously accepted Snow Easement
#11, erroneously referred to as Snow Easement #1 in Resolution No. 2011-194
adopted by the Town Board on May 23, 2011.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
6/27/2011
The Resolution is hereby duly declared adopted.
J C. ASTERSON, TOWN CLERK