2013-1142013-114
Resolution Confirming Language to be Inserted in Deed of Conveyance of Road Frontage
for Wheeler Hill Road in Connection with Construction of Water Main by United
Wappinger Water District (Strang)
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 March 25,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
• Councilmembers - William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water
District (UWWD), has entered into anInter-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 route of the water line will be located along Wheeler Hill Road; and
WHEREAS, the Town Board has requested that all of the property owners along
Wheeler Hill Road to execute quitclaim deeds to establish the width of Wheeler Hill Road at 60
feet; and
WHEREAS, Robert M. Strang and Elizabeth M. Strang, of and residing at 693 Wheeler
Hill Road, Wappingers Falls, New York, have agreed to execute the required quitclaim deed and
related transfer instruments on the condition that the lighted gate posts presently located on their
property will not be damaged or removed, or in the event they must be removed, that they will be
relocated to the new property line.
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 authorizes the following language to be inserted in the
deed of conveyance from Taylor to the Town as follows:
"The Town acknowledges that two lighted gate posts owned by the Party of the
First Part are or may be located within the property being conveyed to the Party of
the Second Part (Town). The Town represents that there are no plans to relocate
or otherwise disturb the lighted gate posts now, or in the near future. In the event
that the Town, or the Town Highway Superintendent, determines that the lighted
gate posts must be removed or relocated for any reason then the Town, at the
Town's cost, will relocate the lighted gate posts to the property line of the Party of
the First Part. The Town further represents that the water lateral as shown on the
construction drawings will be extended to the property line established herein."
3. The Town Attorney and the Town Engineer are authorized to amend the
aforementioned language provided it does not substantially alter the basic intent
and direction of the aforementioned language.
4. The Town Supervisor is authorized to accept the deed with the aforementioned
language inserted, and have same recorded in the Dutchess County Clerk's Office
as quickly as possible.
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
3/25/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK