2013-0662013-66
Resolution Authorizing Execution of Grant of Permanent Easement and Agreeing to
Terms Contained Therein in Connection with Construction of Water Main by United
Wappinger Water District
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 January
28, 2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District
(UWWD), has entered into an Inter-Governmental Agreement (IGA) with the New York City Department
of Environmental Protection (DEP) dated September 25, 2012 for the construction of a 12 inch water
main from a point of connection with the UWWD water system on Old Hopewell Road and Route 9 to
the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and
WHEREAS, the Town Board has formally authorized the extension of the UWWD to the DEP
site located in the Hamlet of Chelsea, Town of Wappinger; and
WHEREAS, the Engineer to the Town, Morris Associates Engineering Consultants, PLLC
(Morris Associates), has designed the route of the pipe to the DEP site which route requires the
acquisition of several easements; and
WHEREAS, the Town Board has previously authorized the Town Supervisor, Barbara A.
Gutzler, the Engineer to the Town, Morns Associates, and the Attorney to the Town, Albert P.
Roberts, to acquire all required and necessary easements; and
WHEREAS, terms have been negotiated for the acquisition of an easement from
Michael J. Kelly (Kelly); and
WHEREAS, Kelly has requested certain terms and conditions including the installation of a
utility pole; and
WHEREAS, the Attorney to the Town has prepared a form of Easement which includes terms
pursuant to which Kelly has agreed to grant the Town the required Easement, a copy of which form of
Easement is attached hereto as Exhibit "1".
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 approves the form of Easement as set forth in Exhibit "1" and
hereby authorizes the Town Supervisor to execute same by and on behalf of the Town.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
1/28/2013
The•Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK
GRANT OF PERMANENT EASEMENT
FOR INSTALLATION OF POTABLE WATER MAIN
THIS INDENTURE, made the _ day of January, 2013, between
NIICHAEL J. KELLY
whose address for the purposes of this instrument is
4-6 Starrs Crossing
Wappingers Falls, New York 12590
(hereinafter referred to [collectively] "GRANTOR"),
and
TOWN OF WAPPINGER
BY AND ON BEHALF OF THE UNITED WAPPINGER WATER DISTRICT
("UWWD"), AN AD1VIIlVISTRATIVE UNIT OF THE TOWN OF WAPPINGER,
with offices situate at. Town Hall,
20 Middlebush Road,
Wappingers Falls, New York 12590-0324
(hereinafter referred to as the "TOWN" or the "GRANTEE").
WITNESSETH:
WHEREAS, the GRANTOR is the owner of a certain pazcel of property located on the
northerly side of Old Hopewell Road in the Town of Wappinger, County of Dutchess, New York,
which property is more particularly described in a certain Deed recorded in the Office of the
Dutchess County Clerk on November 9, 2009 as Document No. 02-2009-5873 (hereinafter
referred to as "GRANTOR' S PARCEL"); and
WHEREAS, the TOWN has commenced, or is about to commence, construction of a 12
inch potable water main ("WATER MAIN") pursuant to an Intergovernmental Agreement dated
August 31, 2012 by and between the City of New York ("CITY") and the New York City
Department of Environmental Protection ("DEP"), collectively, with the Town of Wappinger on
behalf of the United Wappinger Water District ("UWWD"); and
WHEREAS, the GRANTOR has agreed to grant to UVVWD an easement which will
authorize and permit the construction of the WATER MAIN through a portion of the
GRANTOR'S PARCEL and identified as the PERMANENT EASEMENT AREA hereinafter
described; and
WHEREAS, the GRANTOR has agreed to grant to UWWD an easement which will
authorize and permit the construction of the WATER MAIN through a portion of the
GRANTOR'S PARCEL and identified as the PERMANENT EASEMENT AREA hereinafter
described; and
Exhibit "1"t
WHEREAS, the GRANTOR'S PARCEL is subject to a 50 foot right of way and private
road owned in common by the GRANTOR and other lot owners that is described in the
GRANTOR'S deed. Said 50 foot right of way and private road is now known as Starrs Crossing,
("STARRS CROSSING") and intersects Old Hopewell Road at the southwesterly corner of
GRANTOR' S PARCEL; and
WHEREAS, to the north of GRANTOR'S PARCEL there are three other lots abutting
STARRS CROSSING that are owned by others ("OTHER LOTS"); and
WHEREAS, the TOWN anticipates that pursuant to New York Town Law, the UWWD
maybe extended to include the GRANTOR' S LOT and the OTHER LOTS at a future date; and
NOW, THEREFORE, 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 promises and covenants set forth below, the GRANTOR hereby grants
and releases unto the TOWN a PENT EASEMENT AND RIGHT-OF-WAY for the
following uses and purposes and upon the following terms and conditions:
1. RECITATIONS INCORPORATED. The recitations above set forth are
incorporated in this Grant of Permanent Easement for Installation of Potable Water Main as if
fully set forth and recited herein.
2. GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. The
GRANTOR grants unto the TOWN a PERMANENT EASEMENT and RIGHT-OF-WAY under
and through that portion of the GRANTOR'S parcel hereinafter described and called the
PERMANENT EASEMENT AREA, for the purposes of constructing, operating, maintaining,
repairing, reconstructing, replacing and inspecting. underground pipes, conduits and related
appurtenances for the transportation of potable water through the PERMANENT EASEMENT
AREA. The PERMANENT EASEMENT AREA herein is more particularly described on
Schedule "A" attached hereto and made a part hereof.
3. SERVICE CONNECTIONS & FUTURE LATERALS. During construction
of the WATER MAIN, the TOWN will install three service connections within the
PERMANENT EASEMENT AREA to supply potable water to the GRANTOR'S PARCEL and
the OTHER LOTS at a future date. Potable water will be provided to the GRANTOR'S
PARCEL and the OTHER LOTS when said parcels are included in the UWWD by the TOWN.
This GRANT of PERMANENT EASEMENT and RIGHT-OF WAY specifically grants to the
TOWN the right to authorize, at a future date, the installation of service laterals to connect said
GRANTOR'S PARCEL and the OTHER LOTS to the WATER MAIN through the
PENT EASEMENT AREA. Any such future service laterals shall be located within the
PERMANENT EASEMENT AREA and installed in accordance with plans and specifications
approved by the Engineer to the Town and in such a manner to: preserve the integrity of the
WATER MAIN and to preserve trees then existing at the time of installation to the extent
reasonably practicable. Any future service laterals to the OTHER LOTS shall not cross the
GRANTOR'S PARCEL except within STARRS CROSSING or within the PERMANENT
EASEMENT AREA, unless specific written approval is given by the GRANTOR.
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4. INSTALLATION OF UTILITY POLE. Because of the installation of the
WATER MAIN, the GRANTOR and the TOWN agree that a new utility pole is required in order
to maintain utility service to the GRANTOR'S PARCEL. The new utility pole shall be located
on the northerly side of Old Hopewell Road. The TOWN agrees to cause the installation of the
utility pole and the cost of such installation shall be at the expense of Central Hudson Gas &
Electric (CHG&E) or the TOWN should CHG&E not beaz the cost. This GRANT of
pERMANENT EASEMENT and RIGHT-OF WAY specifically grants to the TOWN, CHG&E,
or their designee, the right to install a utility pole within the PERMANENT EASEMENT AREA.
In the alternative, the TOWN may cause the utility pole to be installed within the public right of
way of Old Hopewell Road. The utility pole shall be installed in accordance with the rules and
regulations of CHG&E at a location deemed suitable to CHG&E. If the TOWN pays the cost of
installing the utility pole within the PERMANENT EASEMENT AREA, said utility pole shall
become property of the GRANTOR and the GRANTOR shall be responsible for its maintenance,
upkeep, repair and replacement, as needed. -
5. ACCESS.
5.1 This GRANT of PERMANENT EASEMENT shall include, but is not limited to,
the following appurtenant rights necessary to effectuate the construction and maintenance of the
aforementioned underground WATER MAIN, and appurtenances:
a) The right of ingress and egress by person(s), motor vehicles and
construction equipment necessary to lay and construct the underground
WATER MAIN, and appurtenances under and through the PERMANENT
EASEMENT AREA and to maintain, repair, reconstruct, replace and
inspect the same as TOWN may deem necessary or desirable; and
b) The right to clear, excavate, fill, or grade the PERMANENT EASEMENT
AREA and/or otherwise improve the same to the minimum extent
necessary for the purposes herein set forth.
5.2 The construction and installation of the WATER MAIN, as well as any
maintenance or repairs thereto, will be performed in such a manner, as is practicable under the
circumstances, to allow reasonable access over Starts Crossing at all times.
6. PROHIBITION OF STRUCTURES AND PLANTINGS. The GRANTOR is
hereby prohibited from constructing and/or maintaining any type of permanent structure,
including underground pipes or conduits in, on, under or over the PERMANENT EASEMENT
AREA without permission of LTWWD. In addition, the GRANTOR is prohibited from planting
any new trees or shrubs on the surface of the PERMANENT EASEMENT AREA that will
jeopardize the integrity of the WATER MAIN or otherwise interfere with the ability of the
WATER MAIN to transport potable water. GRANTOR may maintain existing trees within the
PERMANENT EASEMENT AREA. Notwithstanding the forgoing, the GRANTOR shall be
permitted to construct and maintain paved driveways or plant flowers and shrubs or other plants,
within the PERMANENT EASEMENT AREA provided such plants do not have a root system
that extends more than 36 inches below the surface.
3
7. RESTORATION. All areas disturbed by the TOWN in furtherance of the rights
and privileges conferred by this Grant shall be restored, as reasonably as practicable, to the
condition that existed prior to the disturbance; all black topped areas disturbed shall be repaved
and other areas disturbed shall be graded and grass seeded.
8. INDEMNIFICATION. The TOWN shall protect, indemnify, save and hold
harmless GRANTOR and GRANTOR'S successors and assigns against and from all claims, loss,
costs damages or expenses arising out of or from any accident or other occurrence, arising from
the use of the PERMANENT EASEMENT AREA by TOWN, its agents, servants, employees,
contractors and subcontractors for the construction, installation, operation and maintenance of a
potable WATER MAIN and appurtenances within the PERMANENT EASEMENT AREA,
causing injury to any person or property or arising from any act or omission of TOWN, its agents,
servants, employees, contractors and subcontractors in connection therewith. TOWN shall hold
GRANTOR harmless and indemnified against and from any penalty or damage or charges
imposed for any violations of any law, regulation, or rule of any governmental or municipal body
having jurisdiction over the potable WATER MAIN system to be installed herein, whether
occasioned by the neglect of TOWN or any of TOWN'S agents, servants, employees, contractors
or subcontractors.
9. DURATION. The PERMANENT EASEMENT and RIGHT-OF-WAY, together
with the terms, covenants and agreements herein contained shall be binding upon the parties
hereto, their successors, assigns, heirs, distributees and legal representatives, and ALL
COVENANTS HEREIN SHALL RUN WITH THE LAND AFFECTED HEREBY AND
SHALL BE PERPETUAL IN DURATION.
IN WITNESS WHEREOF, the GRANTOR and TOWN have executed this instrument
as of the date first set forth above.
TOWN:
TOWN OF WAPPINGER BY AND ON BEHALF
OF UNITED WAPPINGER WATER DISTRICT
BY:
BARBARA A. GUTZLER, Supervisor
4
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
,,
On the ~ dray of January, 2013, before me, the undersigned, a Notary Public in and for
said State, personally appeared MICHAEL J. KELLY 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
SANDRA A. OAKLEY
Notary Public, State of New York
No. Ot 06058174
Qualified in Dutchess County
Commission Expires September 2,20 ~
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the day of January, 2013, before me, the undersigned, a Notary Public in and for
said State, personally appeared BARBARA A. GUTZLER 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
Record and Return to:
ALBERT P. ROBERTS, ESQ.
STENGER, ROBERTS, DAMS & DIAMOND, LLP
113 6 Route 9
Wappingers Falls, New York 12590
EASEMENT TO BE GRANTED TO
THE TOWN OF WAPPINGER BY KELLY
T/O of Wappinger
Tax Parcel No. 6157-01-381573
MA# W21215.000
10/11/12
ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess
and State of New York and is more particularly described as follows:
BEGINNING at a point on the northerly bounds of Old Hopewell Road (A.K.A County Route
28), said point being the southwest comer of the lands, now or formerly, of Town of Wappinger
(Doc # 02 2003 1647) and the southeasterly corner of the herein described parcel, Kelfy (Doc
#02 2009 5873); thence running northwesterly along said road bounds North 85° 39' 07" West
228.56 feet to a point, said point being the southeast comer of the lands, now or formerly, of
Nature Preserve Homeowners (Doc # 02 2010 4471 }; thence running northerly along the
easterly bounds of said Nature Preserve Homeowners North 27° 44' 11" West 5.69 feet to a
point; thence easterly through the lands of Kelly South 86° 42' 54" East 231.39 feet to a point;
thence South 02° 52' 38° West 9.12 feet to the point or place of BEGINNING. Containing 0.030
acres(1,607 square feet) of land, more or less.
The bearings and distances used in the above description are based on the NAD83-NY
East State Plane: datum and all bearings are relative to true north. Bearings in
prior title of record references magnetic north.
E:\documents\T Wappinger\a W20121W21215 -VYCDEP Extension\Easement Descriptions~381573-Keify.doc