#4, 5, 6, 7, 8
DRAINAGE AND UTILITY EASEMENT #4 #5 #6 #7 and #9
THIS DRAINAGE AND UTILITY EASEMENT, made the Z;<6 . ay of March,
2005, between ROBERT V. OSWALD, JR., with offices located at 1559 Route 82,
Ste. B, Hopewell Junction, New York 12533, as GRANTOR, and THE TOWN OF
WAPPINGER, a municipal corporation with offices at the Town of Wappinger Town
Hall, 20 Middlebush Road, Wappingers Falls, New York, 12590, as GRANTEE,
WITNESSETH, that the Grantor, in consideration of One Dollar ($1.00), lawful
money of the United States paid by the grantee, does hereby grant and release unto
the Grantee, its successors and assigns forever, a Permanent Easement over all that
property located in the Town of Wappinger, County of Dutchess and State of New
York, as shown on a subdivision map entitled J/Blackwatch Farm", which subdivision
map was prepared by Oswald & Gillespie, P.C., dated June 2, 1999, and was
subsequently revised from time to time, which map received final approval subject to
conditions by the Town of Wappinger Planning Board on May 3, 2004, and is intended
to be filed in the Dutchess County Clerk's Office simultaneously with the recording of
this instrument, as Filed Map No.
(Grantor consents that the filed
map number assigned to this map be inserted herein at the time of recording), which
parcels are more particularly described in Schedules
attached hereto and made a part hereof.
This Drainage and Utility Easement is for the purposes of discharging storm
"A", lIB", lie", 110", and liE"
water, including the right to construct, maintain, and repair drainage improvements
therein, including the installation and maintenance of drainage pipes, and drainage
swales, and drainage ponds, together with the right to conduct grading, slope
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stabilization, and erosion control measures, and a right of access to and through said
drainage easement{s) at all times for the purpose of maintaining and repairing same.
This Drainage and Utility Easement is further for the purposes of allowing onto
the easement area (or the drainage discharge points shown on the subdivision map)
the perpetual right to discharge storm water runoff from the highway and from the
surrounding area onto and over the affected premises by means of pipes, culverts, or
ditches, or a combination thereof, together with the right of the holder of the fee title
of the highway, or its authorized representatives, to enter said premises for the paid
purpose of making such installations and doing such maintenance work as said holder
of fee title may deem necessary to adequately drain the highway and surrounding area.
This Drainage and Utility Easement is further for the purposes of allowing the
Grantee the ability to construct, operate, maintain, repair, replace, and inspect any
pipes, conduits, electric, telephone, and cable television lines, and similar equipment
and related appurtenances for the transportation and disposal of surface, storm or
ground water, sewage and/or potable water and/or the installation of electric,
telephone, cable television lines, and similar devices and related appurtenances through
the Permanent Easement Area, together with the right of access by vehicle or on foot
for maintenance purposes, and the right to clear, excavate, fill, grade, or cultivate the
Permanent Easement Area and/or otherwise improve the same for the purposes herein
set forth.
It is understood that the GRANTOR will be constructing improvements within
the Permanent Easement Area. Until such time as the aforementioned improvements
are accepted by the GRANTEE, the GRANTOR is fully responsible for proper installation
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and for all maintenance and repairs and the proper functioning of the improvements
within the Permanent Easement Area and GRANTOR will indemnify and hold the
GRANTEE harmless for any claims, losses, damages, or suits arising out of the
operation of the improvements and the use of the Permanent Easement Area prior to
acceptance by the GRANTEE.
The GRANTOR, its heirs, successors and assigns, are hereby prohibited from
blocking or obstructing the Easement Area above or below grade or planting trees or
substantial shrubs within the Easement Area or constructing and/or maintaining any
type of permanent or temporary structure including, but not limited to, underground
pipes and conduits in, on, under, or over the Permanent Easement Area without
written permission of the GRANTEE.
Subject to the foregoing, the GRANTOR{S), for themselves, their heirs,
successors and assigns, reserves the right to fully use and enjoy the premises herein
described subject to the terms of this easement herein granted to the GRANTEE.
The terms, covenants and agreements herein contained shall inure to the benefit
of, and be binding upon the parties hereto, and their respective heirs, distributees, legal
representatives and all covenants herein shall run with the land affected hereby and
shall be perpetual in duration.
TO HAVE AND TO HOLD the said easements unto the grantee, its successors
and assigns forever.
IN WITNESS WHEREOF, the GRANTOR{S) has{ve) executed this instrument as
of the date first set forth above.
If more than one person joins in the execution of this easement relative words
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herein shall read as if written in the plural number, and the covenants and agreements
hereof shall be their joint and several o~~
ROBERT V. OSW D, JR.
STATE OF NEW YORK )
)ss.:
COUNTY OF DUT~SS )
On the z::t; day of March, 2005, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT V. OSWALD, JR., 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 individua as ed execu the instrument.
JOEL D. HANIG
NOTARY PUBLIC, State of New York
Qualified in Dutchess Co., No. 02HA451936
C_'"Jmmission Expires November 3D, 200
RECORD AND RETURN TO:
ALBERT P. ROBERTS, ESQ.
VERGILlS, STENGER, ROBERTS, PERGAMENT &
VIGLOTTI
Town Attorney for Town of Wappinger
1136 Route 9
Wappingers Falls, NY 12590
4
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Utility Easement #4
Blackwatch Farm
Robert V. Oswald. LS Filed map no.
Michael E. Gillespie. PE
.
1559 Suite B
Route 82
Hopewell Jet.. NY 12533
(845) 227-6227
Fax 226-1315
Description of a certain parcel ofland situated in the Town
of Wappinger, County of Dutchess and the State of New York.
Beginning at a point along the westerly line of Gerhard
Court and said point being the northeasterly comer of Lot no. 16,
as shown on a certain map entitled Blackwatch Farm and filed in
the Dutchess County Clerks Office as filed map no.
thence in a soiltherly direction along the westerly line of Gerhard
Court on a curve to the left with a radius of 5250 feet and a length
of 18.97 feet to a point, thence in westerly, northerly and easterly
direction over and through Lot no. 16 and Lot no. 17 the following
courses and distances, NORTH 68-51-02 WEST 198.22 feet to a
point, thence NORTH 85-21-19 WEST 42.07 feet to a point,
thence NORTH 19-43-32 EAST 41.96 feet to a point, thence
SOUTH 70-16-28 EAST 155.70 feet to a point, thence SOUTH
85-21-19 EAST 27.39 feet to a point, thence SOUTH 58-49-03
EAST 68.00 feet to a point along the westerly line of Gerhard
Court, thence in a southerly direction along the westerly line of
Gerhard Court on a curve to the left with a radius of 52.50 feet and
a length of 12.71 feet to the point of beginning. Containing 0.19
acres of land more or less.
Subject to the rights of public utilities of record.
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Utility Easement #5
Blackwatch Farm
Robert J-: Oswald, LS Filed map no.
Michael E. Gillespie, PE
.
1559 Suite B
Route 82
Hopewell Jet., NY 12533
(845) 227-6227
Fax 226-1315
Description of a certain parcel of land situated in the Town
of Wappinger, County of Dutchess and the State of New York.
Beginning at a point along the westerly line of Robinson
Lane and said point being the northeasterly comer of Lot no. 1, as
shown on a certain map entitled B1ackwatch Farm and filed in the
Dutchess County Clerks Office as filed map no. , thence
in a southerly direction along the westerly line of Robinson Lane
the following courses and distances, SOUTH 06-06-30 WEST
37.10 feet to a point, thence SOUTH 04-10-30 EAST 166.09 feet
to a point, thence in a westerly and northerly direction over and
through Lot no. 1 the following courses and distances, SOUTH
81-15-14 WEST 36.43 feet to a point, thence NORTH 08-44-46
WEST 249.14 feet to a point, along the southerly line of Viola
Court, thence in a easterly direction along the southerly line of
Viola Court the following courses and distances, SOUTH 76-31-
46 EAST 48.04 feet to a point, thence on a curve to the right with
a radius of25.00 feet and a length of 36.06 feet to the point of
beginning. Containing 0.26 acres of land more or less.
Subject to the rights of public utilities of record.
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Utiltiy Easement #6
Blackwatch Farm
Filed map no.
Robert V. Oswald, LS
Michael E. Gillespie, PE
.
1559 Suite B
Route 82
Hopewell Jet., NY 12533
(845) 227-6227
Fax 226-1315
Description of a certain parcel of land situated in the Town
of Wappinger, County of Dutchess and the State of New York.
Beginning at a point along the southerly line of Viola Court
and said point being the northeasterly comer of Lot no. 3, as
shown on a certain map entitled B1ackwatch Fam1 and filed in the
Dutchess County Clerks Office as filed map no. , thence
in a southerly direction along the easterly line of Lot no. 3 the
following courses and distances, SOUTH 13-28-14 WEST 200.32
feet to a point, thenceSOUTH 14-34-05 EAST 224.88 feet to a
point, thence in a westerly and northerly direction over and
through Lot no. 3 the following courses and distances, NORTH
84-57-34 WEST 46.19 feet to a point, thence NORTH 12-59-37
WEST 289.48 feet to a point, thence NORTH 87-50-16 WEST
99.51 feet to a point, thence NORTH 18-21-55 WEST 68.77 feet
to a point along the southerly line of Viola Court, thence in a
easterly direction along the southerly line of Viola Court the
following courses and distances, NORTH 72-17-46 EAST 118.78
feet to a point, thence on a curve to the left with a radius of 475.00
feet and a length of 111.45 feet to the point of beginning.
Containing 0.75 acres of land more or less.
Subject to the rights of public utilities of record.
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Michael E. Gillespie, PE
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Route 82
Hopewell Jet" NY 12533
(845) 227-6227
Fax 226-1315
April 22, 2004
Utility Easement #7
Blackwatch Farm
Filed map no.
Description of a certain parcel of land situated in the Town
of Wappinger, County of Dutchess and the State of New York.
Beginning at a point along the southerly line of Viola Court
and said point being the northeasterly corner of Lot no. 5, as
shown on a certain map entitled Blackwatch Fam and filed in the
Dutchess County Clerks Office as filed map no. , thence
in a easterly direction along the southerly line of Viola Court,
NORTH 72-17-46 EAST 55.41 feet to a point, thence in a
southerly, westerly and northerly direction over and through Lot
no. 4 and Lot no. 5 the following courses and distances, SOUTH
00-49-37 EAST207.17 feet to a point, thence SOUTH 16-20-05
EAST 129.42 feet to a point, thence SOUTH 73-39-55 WEST
55.71 feet to a point, thence NORTH 05-20-22 WEST 259.26 feet
to a point, thence NORTH 77-08-34 WEST 65.00 feet to a point,
thence NORTH 17-42-14 WEST 40.00 feet to a point along the
southerly line of Viola Court, thence in a easterly direction along
the southerly line of Viola Court, NORTH 72-17 -46 EAST 63.98
feet to the point of beginning. Containing 0.39 acres of land more
or less.
Subject to the rights of public utilities of record.
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Utility Easement #9
B1ackwatch Farm
Robert V. Oswald, LS Filed map no.
Michael E Gillespie, PE
.
1559 Suite B
Route 82
Hopewell Jet., NY 12533
(845) 227-6227
Fax 226-1315
Description of a certain parcel of land situated in the Town
of Wappinger, County of Dutchess and the State of New York.
Beginning at a point along the southerly line of Viola Court
and said point being the northeasterly comer of Lot no. 7, as
shown on a certain map entitled Blackwatch Farm and filed in the
Dutchess County Clerks Office as filed map no. , thence
in a southerly direction along the easterly line of Lot no. 7,
SOUTH 12-40-07 EAST 40.27 feet to a point, thence in a westerly
direction over and through Lot no. 7, NORTH 68-24-16 WEST
71.53 feet to a point along the southerly line of Viola Court,
thence in a easterly direction along the southerly line of Viola.
Court on a curve to the left with a radius of 52.50 feet and a length
of 62.79 feet to the point of beginning. Containing 0.02 acres of
land more or less.
Subject to the rights of public utilities of record.
SCHEDULE "E"