2013-2212013-221
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 October
15, 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
Councilman Bettina.
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 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, Morris 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 William E.
Machonis; and
WHEREAS, Machonis has requested certain terms and conditions in regards to the future
connection to the UWWD; and
WHEREAS, the Attorney to the Town has prepared a form of Easement which includes terms
pursuant to which Machonis 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
10/15/2013
The Resolution is hereby duly declared adopted.
MIC AEL J. L N ,TOWN CLERK
GRANT OF PERMANENT EASEMENT
FOR INSTALLATION OF POTABLE WATER MAIN
THIS INDENTURE, made the _ day of September, 2013, between
WILLIAM E. MACHONIS
whose address for the purposes of this instrument is
107 Old Hopewell Road
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 ADMINISTRATIVE 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 parcel of property located on the
north 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 15, 2011 as Document No. 02-2011-5304 (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
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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.
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 PERMANENT 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.
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3. ACCESS. 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 potable water pipes, and appurtenances:
(a) the right of ingress and egress by person(s), motor vehicles and construction
equipment necessary to lay and construct the underground potable water transmission pipes, lines
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.
4. 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 UWWD. In addition, the GRANTOR is prohibited from planting
any 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. Not withstanding 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 surface.
5. 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
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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.
6. INDEMNIFICATION. 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.
7. FUTURE CONNECTION TO UWWD. When, as and if the Town Board of the
Town of Wappinger elects to extend the UWWD to properties along Old Hopewell Road, the
Town Board hereby affirmatively agrees to include the GRANTOR'S PARCEL in such
Extension District.
S. 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.
GRANTOR(S):
WILLIAM E. MACHONIS
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TOWN:
TOWN OF WAPPINGER BY AND ON BEHALF
OF UNITED WAPPINGER WATER DISTRICT
BY:
BARBARA A. GUTZLER, Supervisor
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the day of September, 2013, before me, the undersigned, a Notary Public in and
for said State, personally appeared WILLIAM E. MACHONIS 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.
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
Notary Public
On the day of September, 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.
Record and Return to:
Notary Public
ALBERT P. ROBERTS, ESQ.
STENGER, ROBERTS, DAMS & DIAMOND, LLP
1136 Route 9
Wappingers Falls, New York 12590
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EASEMENT TO BE GRANTED TO
THE TOWN OF WAPPtNGER BY MACHONIS
T/O of Wappinger
Tax Parcel No. 6157-01-220607
MA# W21215.000
7/1$/13
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 southeasterly corner of the lands, now or formerly, of Caputo (Deed
Liber 1791 Page 403) and the southwest corner of the lands, now or formerly, Machonis (Doc
#02 2011 5334); thence running northeasterly along the easterly bounds of said Caputo North
20° 38' 27" West 8.79 feet to a point; thence running southeasterly through the lands of
aforementioned Machonis Sauth 48° 08' 16" East 16.28 feet to a point located on the northerly
bounds of said Old Hopewell Road; thence along the bounds of said Old Hopewell Road North
80° 09' 02" West 15.45 feet .
to the point or place of BEGINNING. Containing 0.002 acres (67 square feet) of land, more or
less. .
E:\documents\T Wappingerla W2012\W21215 NYCDEP Extension\Easernent Descriptians\220607- Machonis.doc
EASEMENT TO BE GRANTED TO
THE TOWN OF WAPPINGER BY MACHONIS
T/O of Wappinger
Tax Parcel No. 6157-01-220607
MA# W21215.000
7/18/13
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 southeasterly corner of the lands, now or formerly, of Caputo (Deed
Liber 1791 Page 403) and the southwest corner of the lands; now or formerly, Machonis (Doc
#02 2011 5334); thence running northeasterly along the easterly bounds of said Caputo North
20° 38' 27" West 8.79 feet to a point; thence running southeasterly through the lands of
aforementioned Machonis Sauth 48° 08' 16" East 16.28 feet to a point located on the northerly
bounds of said Ofd Hopewell Road; thence along the bounds of said Old Hopewell Road North
80° 09' 02" West 15.45 feet .
to the point or place of BEGINNING. Containing 0.002 acres (67 square feet) of land, more or
less.
E:\documents\T Wappingerla W2012\W21215 NYCDEP Extension\Easernent Descriptions\220607- Machonis.doc
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