2013-1562013-156
Resolution Abandoning Excess Right of Way of Old Post Road to Abutting Property
Owners
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 10,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, Eduardo Lauria and Lucia Lauria (hereinafter "Lauria") own a parcel
located on the east side of Old Post Road, hereinafter known as the "Lauria Parcel"; and
WHEREAS, the Lauria Parcel abuts portions of Old Post Road which have not been
used for public highway purposes for many years; and
WHEREAS, Lauria has requested that the unneeded portions of Old Post Road abutting
their parcel be abandoned to them; and
WHEREAS, on May 13, 2013, the Dutchess County Legislature authorized an
abandonment of portions of Old Post Road described in Schedule "1", attached hereto, to Lauria.
A copy of the Dutchess County Legislature's Resolution is attached hereto as Schedule " 2"; and
WHEREAS, Lauria has requested the County and the Town of Wappinger to convey by
quitclaim whatever interest each municipality has in the portion of Old Post Road that is adjacent
to the Lauria Parcel as depicted in the attached Schedule "1"; and
WHEREAS, the Acting Commissioner of Public Works of Dutchess County
recommended to the Dutchess County Legislature that such portions of Old Post Road be
abandoned to Lauria; and
WHEREAS, the Town of Wappinger Highway Superintendent has recommended that
the unneeded portions of Old Post Road as described in Schedule "1" be abandoned to Lauria.
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 an abandonment of the unneeded portions of
Old Post Road described in Schedule "1" be transferred by Quitclaim Deed to
Eduardo and Lucia Lauria.
3. The Supervisor of the Town of Wappinger is hereby authorized to execute the
Quitclaim Deed together with the recording instruments, TP-584 and RP-5217,
and such other documents as may be necessary to transfer the unneeded portions
of Old Post Road to Lauria.
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
6/ 10/2013
The Resolution is hereby duly declared adopted.
HRISTINE FUL ,TOWN CLERK
,;. ,
SCHSDIILE "1 •'
:
LEGAL DES'CRIPTIO,N
The following is intended to describe a parcel of land to be acquired by Eduardo and Lucia Laurie,
said parcel being a portion of the road right of way shown on Abandonment Map #586:
Beginning at a point on the highway boundarq, said point being the Southerly corner of the herein
described parcel and the Southwesterly corner of other lands of Lucia as described in a deed
recorded in the office of the Dutchess County Clerk as Doc. 22007 5928; also being the Northwest
comer of lands now or formerly of Aroma LLC, deed recorded in Doc. 220001680;
Thence along the lands of Lucia the following two courses:
N 25°-38'-56" ~, 185,52 ft. and
N 15°-43' - 56" W, 144,37 ft. to a point on the highway boundary; thence
S 08°-13' - 37" W, 307.94 tt. to the point and place of beginning.
Containing 0.49 (21,170 s.f.)
As surveyed by Janet S. Garden, L.S. 50036
SCHEDIILE "1"
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SCHEDULE " 2n
RESOLUTION NO.
RE: AUTHORIZING CONVEYANCE BY QUITCLAIM DEED
OF 21,170 SQUARE FEET OF OLD POST ROAD IN THE TOWN
OF WAPPINGER TO EDUARDO AND LUCIA LAURIA
LEGISLATOR
offers the following and moves its adoption:
WHEREAS, pursuant to NYS Department of Transportation (NYSDOT) Official
Order # 250 from March 1969, the DOT transferred maintenance jurisdiction of 10261ineaz feet
of old S.H. 5154, which was Rt.9 before it was redesigned and is now Old Post Road in the
Town of Wappinger to the County, and
WHEREAS, pursuant to Resolution No.172-1969 from May 1969, this
Legislature discontinued this section of old S.H. 5154 as a County road and transferred
maintenance and repair responsibilities to the Town of Wappinger, and
WHEREAS, NYSDOT issued Official Order H-2148, which was a correction to
Official Order #250 of 1969, in November 1988 which once again transferred maintenance
jurisdiction of the same 10261inear feet of old S.H. 5154 to the County, and
WHEREAS, Eduardo and Lucia Lauria (Laurias) aze abutting property owners to
a.section of Old Post Road that is part of the above referenced Official Orders and Resolution,
and
WHEREAS, the Laurias have requested that the County and the Town of
Wappinger convey by Quitclaim Deed, whatever interest each municipality may have in the
21,170 square feet section of Old Post Road that is adjacent to property that they own, as
depicted on the attached map and metes and bounds description, and
WHEREAS, Eduardo and Lucia own and operate the Aroma Osteria Restaurant,
which is adjacent to the property that they own, and wish to acquire the 21,170 square feet of old
S.H. 5154 so that they can provide parking for their employees, and
WHEREAS, the Acting Commissioner of Public Works recommends to this
Legislature that the conveyance to the Laurias occur since it was his understanding that the
County has had no interest in this property based on the 1969 Resolution from this Legislature,
and
WHEREAS, this conveyance is being done pursuant to NYS Highway Law
Section 118-a, now therefore, be it
RESOLVED, -that the 21,170 square feet of Old Post Road in the Town of
Wappinger as depicted on the attached survey map and metes and bounds description, is
scH~.vuLE "2"
SC~IILE " 2" Cont' d
abandoned to abutting owners, Eduardo and Lucia Lauria as such section of the road is of no
further use for highway purposes, and it is further
RESOLVED that the Chairman of the this Legislature is authorized to execute in
the name of the County of Dutchess a Quitclaim Deed to Eduardo and Lucia Lauria.
CA-91-13
CAB/ca/R-0904
4/15/13
Fiscal Impact: See attached statement
SC~IILE "2" Cont'd