Vergilis,Stenger,RobertsDavis&Diamond (3)illegal, invalid or unconstitutional provision, clause, sentence, sub-section, word or part had not
been included therein, and if such person or circumstance to which the DECLARATION or part
thereof is held in applicable, had been specifically exempted therefrom.
16. Approval by Municipality. The Town of Wappinger is executing this
DECLARATION as its acknowledgment and acceptance of ,its terms and as an
acknowledgement that the Subdivision Map/Site Plan and SWPl?P have been approved and
accepted by the Town.
~~,,
IN WITNESS WHEREOF, the DECLARANT~and tie TOWN OF~WAPPINGER have
executed this DECLARATION on the day and date first .above appearing.
DECLARANT
Approved:
TOWN OF WAPPINGER
BY:
...DECLARANT
8
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On the day of , 2009, before me, the undersigned, personally
appeared ,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/she executed the same in his/her capacity; ard;.that by his/her
signature on the instrument, the individual or the person upon behalf"of which the individual
acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On the day of '_'- 2009, before me, ~ ~the~ undersigned, personally
appeared ;personally .kno~-n 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/she executed the same in his/her capacity, and that
by his/her signature on .the instrument, the individual or the person upon behalf of which the
individual acted, executed the instrument.
. Notary Public
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On the day of , 2009, before me, the undersigned, personally appeared
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/she executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual or the person upon behalf of which the individual
acted, executed the instrument.
Notary Public
9
:~
u
~+
ORDER ESTABLISHING DRAINAGE 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 the _ day of , 2004, at 7:3U Y.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll
being called, the following were present:
PRESENT: Supervisor
Council Members -
ABSENT:
~'
The following Order was introduced by
WHEREAS, the written Petition of
executed by
owner of 100% of the
Joseph Ruggiero
Joseph P. Paoloni
Robert L. Valdati
Vincent F. Bettina
Maureen McCarthy
dated
and seconded by
an officer of the
Subdivision
("Subdivision"), has been presented to and filed with the Town Board of the Town of
Wappinger, New York requesting the approval of a drainage district to be known as the
~° DRAINAGE DISTRICT", which is more particularly described in
the Map, Plan and Report for the
prepared by
Clerk; and
1
Subdivision dated
filed in the office of the Town
O:\Wappinger\1-General Formats of Documents\Drainage District Docs\Order Est. Drainage District.doc
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the
were prepared by
York; and
duly licensed civil engineers of the State of New
WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with
the Town Clerk and has been prepared in a manner and in such detail that this Town
Board has determined that said Map, Plan and Report are in accordance with the
requirements of Article 12 of the Town Law; and
WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town
Board on ,reciting the filing of said Map, Plan and Report, the
improvements proposed, the boundaries of the proposed district, the proposed method of
financing, the fact that the Map, Plan and Report describing the same were on file in the
Town Clerk's Office for public inspection, and stating all other matters required by law
to be stated, and specifying
as the date, at 7:30 in the evening of said
day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers
Falls, New York as the place where this Town Board would meet and consider said Map,
Plan and Report, and to hear all persons interested in the subject thereof, and to take such
action therein as is required or authorized by law; and
WHEREAS, such Order was duly published and posted as required by law and
copies of such Order were duly mailed to Petitioners/homeowners of all properties in the
proposed District, and proof of publication, posting and mailing has been duly presented
to the Town Board; and
2
Subdivision Stormwater Maintenance District", dated
and relating to the establishment of the proposed drainage district,
O:\Wappinger\1-General Formats of Documents\Drainage District Docs\Order Est. Drainage District.doc
ar
WHEREAS, a public hearing on said matter was duly held by said Town Board
on
at 7:30 p.m. in the afternoon on said day, in the Town of
Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no
person appearing in opposition thereto, and , an officer of the
,the Petitioner, appearing in favor of the Petition; and
WHEREAS, pursuant to said petition, it is the intention of the Petitioner,
to construct the improvements set forth in the Map, Plan and Report
solely at its own cost and expense.
NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED,
DETERMINED AND RESOLVED AS FOLLOWS:
1. The recitations above set forth are incorporated in this Order as if fully set
forth and adopted herein.
2. The notice of public hearing was published and posted as required by law,
and is otherwise sufficient.
3. The Petitioner as 100% owner of the property was duly mailed a copy of
the Notice of Public Hearing and proof thereof was submitted to the Town Board.
4. The Petition presented to this Board for the establishment of the
DRAINAGE DISTRICT were signed and acknowledged as required
by law and are otherwise sufficient.
5. All the property and property owners within the proposed district are
benefited thereby.
6. All the property and property owners benefited thereby are included
within the limits of the proposed district.
3
O:\Wappinger\1-General Formats of Documents\Drainage District Docs\Order Est. Drainage District.doc
7. There will be no hook-up fees for any of the properties within the district.
8. There will be no capital costs assessed to the properties within the district
for the improvements proposed to be constructed.
9. The estimated annual cost of Operation and Maintenance of the proposed
improvements after three years is estimated to be $
for a typical property within the district.
per Benefit Unit
10. A detailed explanation of the improvements to be made and the estimate
of Operation and Maintenance charges have been included in the Map, Plan and Report
which has been filed in the Office of the Town Clerk and the same has been made
available during regular office hours for examination by any person interested in the
matter thereof.
11. It is in the public interest to establish the
DISTRICT.
DRAINAGE
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
establishment of the
DRAINAGE DISTRICT in the Town of
Wappinger, Dutchess County, New York, and the improvements therein, as more fully
described above and in the aforementioned Map, Plan and Report is hereby approved and
established and said drainage district shall be bounded and described as set forth in
Exhibit "A" attached to the Petition; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
improvements for the said drainage district as set forth in the Map, Plan and Report are to
be constructed by the Petitioner, ,wholly at its own expense, and
Petitioner has agreed to convey such improvements to the Town without cost to the Town
4
O:\Wappinger\1-General Formats of Documents\Drainage District Docs\Order Est. Drainage District.doc
~.
of Wappinger and/or DRAINAGE DISTRICT, free and clear of any
liens or encumbrances; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once
the drainage improvements as set forth in the Map, Plan and Report have been
constructed by the Petitioner and turned over to the Town, the cost for maintaining the
district shall be assessed, levied and collected from the several lots and parcels of land
within the said district in proportion as nearly may be to the benefit which each lot or
parcel of land in said district will derive therefrom as set forth in the Map, Plan and
Report; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
Town of Wappinger shall be reimbursed by the Petitioner,
for any
fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan
and Report or in the formation of this district; and
BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the
Town Clerk be, and hereby is, authorized and directed to file a certified copy of this
Order in the office of the Clerk of the County of Dutchess, which is the County in which
the said Town of Wappinger is located, and another certified copy in the Office of the
State Department of Audit and Control, within ten days after the adoption of this Order,
pursuant to § 195 of the Town Law.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting
JOSEPH P. PAOLONI, Councilman Voting
ROBERT L. VALDATI, Councilman Voting
5
O:\Wappinger\1-General Formats of Documents\Drainage District Docs\Order Est. Drainage District.doc
VINCENT F. BETTINA, Councilman Voting
MAUREEN MCCARTHY, Councilwoman Voting
The Order was thereupon declared duly adopted.
Dated: , 2004 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER
GLORIA J. MORSE, TOWN CLERK
6
O:\Wappinger\1-General Formats of Documents\Drainage District Docs\Order Est. Drainage District.doc
EXHIBIT "A"
O:\Wappinger\1-General Formats of Documents\Drainage District Docs\Order est. Drainage District.doc
DECLARATION OF COMMON DR>4VEWAY EASEMENT
I
THIS DECLARATION OF COMMON DRIVE SWAY EASEMENT, made this
day of , 20_, by , with an address of ,
hereinafter referred to a the "DECLARANT".
WHEREAS, the DECLARANT is the owner of a parcel of land, more particularly
II
identified on a Subdivision Map entitled " ~ ", dated
prepared by ~ , to be filed and recorded
simultaneously herewith in the Dutchess County Clerk's Office, Division of Land Records
hereinafter referred to as the "MAP"; and
WHEREAS, pursuant to the Resolution of Subd vision Approval adopted by the Town
of Planning Board and as ide tified and depicted on the MAP, LOTS
and share a common driveway which provid s access to the nearest public highway;
and
WHEREAS, the DECLARANT desires to
and through LOTS and on the MAP to be
EASEMENT AREA hereinafter defined.
NOW, THEREFORE, the DECLARANT here
the MAP shall be held, sold, conveyed, transferred and
conditions and agreements hereinafter set forth:
1. Recitations Incorporated. The recitat
this Declaration as if fully set forth and adopted herein.
2. Property Subject to Easement. The ri
identified as LOTS and on the Subdivision 1
O:\Wappinger\1-General Formats of Documents\Easements\Common Driveway 1
Page 1 of 6
a Common Driveway Easement on
l within the PERMANENT
declares that LOTS and
subject to the covenants,
on
above set forth are incorporated in
property subject to this Declaration is
p entitled " ",
- Generic.doc
i
dated ,prepared by j , to be filed and recorded
I
simultaneously herewith in the Dutchess County Clerk's Office, Division of Land Records.
3. Permanent Common Driveway Easem nt.
A. The DECLARANT hereby establishes and imposes a PERMANENT
EASEMENT and Right of Way in and over that portion bf LOTS and (hereinafter
described as the "PERMANENT EASEMENT AREA") in favor of LOTS and ,above
described, to establish a common driveway for pedestrian and vehicular ingress and egress. The
I
PERMANENT EASEMENT AREA is more particularl described in Schedule "1" attached
hereto and is hereby established for the mutual benefit o LOTS and
B. The DECLARANT and/or the respective LOT owners shall have the right
i
to pave and/or blacktop portions of the PERMANENT 1~ASEMENT AREA for driveway
purposes, as approved by DECLARANT.
4. Common Driveway. For the purposes o this DECLARATION, the "common
driveway" is defined as the entire driveway within the P RMANENT EASEMENT AREA that
provides access to both LOTS.
5. Obstructions.
A. The owners of LOTS and and any parties using the
PERMANENT EASEMENT AREA are hereby prohibi ed from obstructing, impeding, or
otherwise interfering with the reasonable use of the pav d driveway constructed within the
PERMANENT EASEMENT AREA for pedestrian and ehicular ingress and egress to and from
each LOT to (Road/Street/Avenue), t e nearest public highway. Any
obstructions shall be promptly removed at the responsi Ile party's costs.
B. Parking of any vehicles within t~e PERMANENT EASEMENT AREA
I
is prohibited at all times.
i
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Page 2 of 6 I
6. Maintenance and Upkeep of Driveway.
The DECLARANT and the successive
owner(s) of any of the LOT(S) referenced herein shall b~ jointly responsible for the continued
maintenance, upkeep, repair or replacement of the drivev~ay, as constructed in the
PERMANENT EASEMENT AREA, so as to maintain tl)e common driveway in a safe and
useable manner. The maintenance obligations shall
• snow plowing and ice removal
• maintenance necessary to keep t
clear and passable
• paving and/or repaving, as needE
• removal of any overhanging foli
• inspection and repair
7. Share of Costs. Each of the LOT
proportionate share of the joint maintenance costs of the
specifically, the owner(s) of LOT _ shall pay
but not be limited to, the costs for:
driveway in good repair and condition,
shall be responsible for their
driveway, as set forth above;
percent of the costs and the
owner(s) of LOT shall pay percent f the costs. Those portions of the
driveway not included within the PERMANENT EASE ENT AREA used for access to one
LOT shall be maintained solely by such LOT owner(s) a# his/her own cost. The LOT owner(s)
shall cooperate in hiring personnel and obtaining
upkeep and each shall pay their respective share of costs
owner(s) fail to pay his or her respective share within
overdue amount shall be a lien against his or her LOT,
necessary for such maintenance and
due. In the event that any of the
days after the same is due, the
can be enforced in the same
manner as a judgment against that owner. In the event that any of the owner(s) fail to cooperate
in maintaining said common driveway, any party bound py this Declaration shall have the right
to undertake any reasonable work to ensure such
thereof to the owner(s) failing to cooperate.
O:\Wappinger\1-General Formats of Documents\Easements\Common Driveway I
Page 3 of 6
and assess one-half of the costs
- Generic.doc
8. Damages. If any damage is caused to the
shall be repaired by the Owner(s) of the LOT which cau
caused by the LOT Owners' invitees. The responsible I
;ommon paved driveway, such damage
such damage, including damage
Owner(s) shall immediately repair
such damage and shall pay the cost of the repairs caused ~by such damage.
9. Enforcement/ Interpretation.
A. DECLARANT or the owner(s)
enforce the provisions of this Declaration by any proce
person or persons violating or attempting to violate the
established herein as well as to restrain any violation or
specific performance and/or to recover damages,
of the LOTS shall have the right to
at law or in equity against any
cents, covenants or rights
violation thereof, to require
including any legal fees, costs and
disbursements incurred in connection with any success 1 enforcement proceeding.
B. Failure by the DECLARANT or y of the owner(s) to enforce any
provisions hereof shall not be deemed a waiver of the ri~ht to do so thereafter.
C. In the event of a dispute as to the meaning or interpretation of any
provisions of this Declaration, the DECLARANT shall l~e the sole interpreter of the terms and
conditions of this Declaration and his decision thereon s~all be final and binding upon all parties
and other LOT owners. All requests for an
in writing. In the event that the DECLARANT fails to
(30) days of its receipt, the matter may be submitted to
(hereinafter "AAA") as hereinafter provided.
D. In the event that there is a dispul
shall be submitted to the DECLARANT
ide an interpretation within thirty
American Arbitration Association
between the owners of any LOT as to
the interpretation of any of the provisions of this Declaration, or as to the nature and necessity of
any work to be performed, or the selection of the party t~ perform the work and the
I
DECLARANT has failed to provide an interpretation asj described above, such dispute may, at
O:\Wappinger\1-General Formats of Documents\Easements\Common Driveway Ea~ement - Generic.doc
Page 4 of 6
the option of any LOT owner, be resolved by arbitr
Association under its rules then prevailing in White
monetary damages only, by submission to a Court of
by the AAA in any dispute shall be binding on the
enforced in any court having jurisdiction over the
10. Amendment. This Declaration may be
recordable form executed by all of the owners of LOTS
consent of the Town of
before the American Arbitration
New York, or if the dispute is for
jurisdiction. Decisions rendered
thereto, and may be entered and
arbitrated.
only by an agreement in
and and upon the formal
Planning Boards evidenced by a Resolution duly
adopted at a regular meeting of such Planning Board.
i
11. Invalidation. Invalidation of any one of the provisions of this Declaration by
i
judgment or court order shall not affect the validity of ai~y other provision which shall remain in
full force and effect.
12. Duration. The terms, covenants and
the benefit of the owners of LOTS and ,their
representatives, successors and assigns and ALL
WITH THE LANDS AFFECTED THEREBY AND
DURATION.
herein contained shall inure to
heirs, distributes, legal
ANTS HEREIN SHALL RUN
BE PERPERTUAL IN
IN WITNESS WHEREOF, the DECLARANT ~as executed this instrument, on the day
and date first above mentioned.
Declarant
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Page 5 of 6 I
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On the day of , 20_, before me, the undersigned, personally appeared
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/she executed the same in hi /her capacity, and that by his/her
signature on the instrument, the individual or the person pon behalf of which the individual
acted, executed the instrument.
Notary
O:\Wappinger\1-General Formats of Documents\Easements\Common Driveway Eas$ment - Generic.doc
Page 6 of 6 i
Catalano Form 7/04
THIS INDENTURE, made the _ day bf , 2004 between
of and residing at
(herein referred to as "
and
~~)
TOWN OF WAPPI GER,
A MUNICIPAL SUBDI ISION,
with offices situate at Tdwn Hall,
20 Middlebush Road, Wappingers Falls, New York 12590-0324,
(hereinafter referred to as the "TOWN" and/or as "GRANTEE").
WHEREAS, the GRANTOR is the owner of property located at
in
the Town of Wappinger, County of Dutchess and State ~f New York, as shown on a subdivision
map entitled " Subdivision" which received final approval subject to
j
conditions by the Town of Wappinger Planning Board o~n ,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
inserted herein at the time of recording); and
WHEREAS, pursuant to said Subdivision Plat,
Line of Sight Easement to the GRANTEE.
NOW, THEREFORE, the GRANTOR, in co:
DOLLARS, lawful money of the United States, actual
consideration paid by the GRANTEE, does hereby grant
successors and assigns forever, a Line of Sight Easement
1
Filed Map No. assigned to this map be
GRANTOR is required to provide a
of the sum of TEN ($10.00)
on. and other valuable
release unto the GRANTEE, its
over all those certain plots, pieces or
O:\Wappinger\1-General Formats of Documents\Easements\E-Line of Sight.DOC
Catalano Form 7/04
parcels of land situate, lying and being in the Town of
of New York, as further described on Schedule "A",
which Easement includes the right, but without
,County of Dutchess and State
hereto and made a part hereof,
to clear brush and other vegetation
to enhance visibility and sight distance for users of the public roadways, including the right of
access for maintenance and the right to clear and
necessary, reseed, revegetate or employ any other
to enhance visibility and sight-distance relating to the
The GRANTOR, his successors and assigns,
maintain the Easement Area so as to provide the sight di
forth herein.
The Sight Easement as shown herein establishes
title of the highway or his authorized representatives to
within the Easement at such elevation that there is a
between an observer's eye at an elevation of 3.5 feet
brush and vegetation, regrade as
as may be required by the GRANTEE
and public improvements to the area.
vely agree to mow and routinely
and visibility requirements as set
perpetual right of the holder of fee
regrade and maintain the area
line of sight anywhere across the area
the street surface at the nearest edge
of the street and an object one foot above the nearest edge of pavement on the intersecting street.
The GRANTOR, on behalf of his heirs, successo s and assigns, hereby warrants and
covenants that he will not interfere with the GRANTEE' ~ clearing efforts within the Easement
Area, either by planting or of placement of natural or majn-made materials, or any other means.
This prohibition does not prevent a lot owner from plant~ng or mowing grass, but the placement
of shrubs or trees shall require the written permission of ithe GRANTEE, and the GRANTEE
shall have the right to remove vegetation or materials
determined appropriate by the GRANTEE.
2
interfere with the sight distance as
O:\Wappinger\1-General Formats of Documents\Easements\E-Line of Sight.DOC
Catalano Form 7/04
Subject to the foregoing, the GRANTOR, for i
reserve the right to fully use and enjoy the premises
Easement herein granted to the GRANTEE.
TO HAVE AND TO HOLD the said Easement
assigns forever.
The terms, covenants and agreements herein
be binding upon the parties hereto, and their respective
its heirs, successors and assigns,
described subject to the terms of this
the GRANTEE, its successors and
fined shall inure to the benefit of, and
distributes, legal representatives,
and all the covenants herein shall run with the land and lie burden upon the subject premises
known as Lot No. _ of Filed Map No. an~ shall be perpetual in duration.
This Declaration is being executed, delivered, recorded and cross-referenced to the deed
as aforesaid in the Office of the County Clerk, Division ~f Land Records, County of Dutchess,
State of New York, knowing that the Town of W
The Declaration may not be amended or di
instrument bearing the authorization of the Town of W
IN WITNESS WHEREOF, the GRANTOR
set forth above.
will rely upon the same.
led except by a duly recorded
this instrument as of the date first
If more than one person joins in the execution of jthis Easement relative words herein
shall read as if written in the plural number, and the cov~nants and agreements hereof shall be
i
their joint and several obligations.
O:\Wappinger\1-General Formats of Documents\Easements\E-Line
Catalano Form 7/04
TOWN
BY:
G
WAPPINGER
RUGGIERO, SUPERVISOR
Record and Return to:
Albert P. Roberts, Esq.
VERGILIS, STENGER, ROBERTS, PERGAMENT & ~IGLOTTI, LLP
1136 Route 9
Wappingers Falls, New York 12590
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the day of , 2004, before me,
for said State, personally appeared
me on the basis of satisfactory evidence to be the ind:
within instrument and acknowledged to me that he exec
his signature on the instrument, the individual, or the pe
acted, executed the instrument.
Notary
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the day of , 2004, before
for said State, personally appeared JOSEPH RUGGI
me on the basis of satisfactory evidence to be the is
within instrument and acknowledged to me that he e~
his signature on the instrument, the individual, or the
acted, executed the instrument.
Notary
4
undersigned, a Notary Public in and
personally known to me or proved to
gal whose name is subscribed to the
the same in his capacity, and that by
upon behalf of which the individual
the undersigned, a Notary Public in and
~ personally known to me or proved to
~idual whose name is subscribed to the
ted the same in his capacity, and that by
son upon behalf of which the individual
O:\WappingerU-General Formats of Documents\Easements\E-Line of Sight.DOC
THIS GRADING AND SLOPE STABILIZATION EASEMENT, made the day of
between
,~,, ,a domestic corporation/Limited Liability Company having
offices at/residing at [strike inapplicable words]
as GRANTOR(s), and THE TOWN
OF WAPPINGER, a municipal corporation with offices at the 'own of Wappinger Town Hall, 20 Middlebush
Road, Wappingers Falls, New York 12590, as GRANTEE,
WITNESSETH, that the Grantor(s), in consider,
United States paid by the grantee, does hereby grant and
assigns forever, a Permanent Easement over all that proper
Dutchess and State of New York, as she
of One Dollar ($1.00), lawful money of the
lease unto the Grantee, its successors and
located in the Town of Wappinger, County of
~ on a subdivision map entitled
~~
" which received final approval subject to conditions by the Town of
Wappinger Planning Board on ,and is intended to be filed in the
Dutchess County Clerk's Office simultaneously with the recording of this instrument, as Filed Map No.
(Grantor consents that the filed map number assigned to this map be inserted herein at the time
of recording), which parcel is more particularly described in
hereof.
This permanent easement is for purposes of gradii
improvements in the subdivision, including the right of access
or regrade, remove vegetation and brush, reseed, revegeta
protection methods as may be required by the Town to insure
public improvements within the subdivision.
It is understood that the GRANTOR will be cons
ule "A" attached hereto and made a part
and stabilizing slopes relating to the public
d right to maintain existing slopes and grade
or employ any other such stabilization and
e stability of slopes relating to the roads and
improvements within the Permanent
Easement Area, and conducting the initial grading of the slope$ along the roadways. Until such time as the
+~r
aforementioned improvements are accepted by the GRANTEq, the GRANTOR is fully responsible for proper
initial grading and stabilization of the slopes, 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, o~ suits arising out of the operation of the
improvements and the use of the Permanent Easement Ares prior to acceptance of the roadways by the
GRANTEE.
The GRANTOR(s), on behalf of its/their heirs, successors and assigns, hereby warrant and
covenant that they will not intertere with the slopes within ;the Easement Area as established by the
GRANTEE, by grading, or regrading, deposit of natural or manrhade materials, or any other means.
This prohibition does not prevent a lot owner from mowing grass or placing small plantings that do not
intertere with slopes or drainage flow, but placement of ti
GRANTEE shall have the right to remove vegetation or m;
slopes as required by GRANTEE.
The GRANTOR(s), for themselves, their heirs, suc
and enjoy the premises herein described subject to the
GRANTEE.
shall require permission of GRANTEE, and
that intertere with the maintenance of the
and assigns, reserve the right to fully use
of this easement herein granted to the
TO HAVE AND TO HOLD the said easements unto thq grantee, its successors and assigns forever.
The terms, covenants and agreements herein contained shall inure to the benefit of, and be binding
upon the parties hereto, and their respective heirs, distributes, legal representatives and all covenants
herein shall run with the land affected hereby and shall be perpetual in duration.
IN WITNESS WHEREOF, the GRANTOR(S) has(ve)executed this instrument as of the date first
set forth above.
This conveyance is made and executed pursuant tol the resolution of the Board of Directors of
grantor corporation, and is made in the regular course of
conveyed does not constitute all, or substantially all, of the
less of grantor corporation, and the property
s of said corporation.
[Strike if inapplicable]
2
STATE OF NEW YORK )
)ss.:
COUNTY OF DUTCHESS )
On the day of ,before me, the undersigned, a Notary Public in
and for said State, personally appeared
personally known to mq or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to tlhe within instrument and acknowledged to me
that he executed the same in his capacity, and that by his sigj~ature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the'instrument.
NOTARY Pl~1BLIC
STATE OF NEW YORK )
)ss.:
COUNTY OF DUTCHESS )
On the day of _ ,before me the undersigned, a
Notary Public in and for said State, personally
appeared ,! personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose n~me is subscribed to the within instrument and
acknowledged to me that he executed the same in his capaci ,and that by his signature on the instrument,
the individual, or the person upon behalf of which the individual;acted, executed the instrument.
NOTARY Pl'JBLIC
RECORD AND RETURN TO: Jennifer L. Van Tuyl
PAGONES, CROSSAND VAN TUYL
355 Main Street-POjBOX 550
Beacon, New York ~ 2508
3
sr
STATE OF NEW YORK, COUNTY OF D
TOWN OF WAPPINGER
In the Matter of the Establishment
PETITION OF PROPERTY
of OWNER FOR ESTABLISHMENT
DRAINAGE DISTRICT
DRAINAGE DISTRICT
TO THE TOWN BOARD OF THE TOWN OF W.
IN THE COUNTY OF DUTCHESS, STATE OF T
The undersigned, ,
,New York, being the sole
proposed Drainage District as shown upon the latest
of Wappinger, New York, does hereby petition the ~
to establish a Drainage District known as the
as follows:
1. Petitioner is the sole owner of certain
a Subdivision Map "
" as filed in
on as Filed Map No.
"SUBDIVISION".
YORK
an office at
of the taxable real property in said
npleted assessment roll of the Town
n Board of the Town of Wappinger
DRAINAGE DISTRICT,
~erty more particularly identified in
Dutchess County Clerk's Office
hereinafter referred to as
2. The Subdivision is located within the lpoundaries of the Town of Wappinger,
outside of any incorporated Village or City, and is mo~e particularly described on Exhibit
"A" attached hereto and made a part hereof.
3. Petitioner proposes, pursuant to Article XII of the Town Law of the State of
New York, that the Town Board of the Town of Wa
the Town of Wappinger, covering the entirety of the
specifically all of the lots in the Subdivision known ;
O:\Wappinger\]-General Formats of Documents\Drainage District
;er establish a Drainage District in
property identified on Exhibit "A",
Subdivision filed
Dist.doc
,r
in the Dutchess County Clerk's Office as Filed Map X10.
4. The proposed Drainage District is proposed to be
i
established at no cost to the Town of Wappinger and~is proposed for the purposes of
i
owning, operating and maintaining the drainage improvements and related storm water
management facilities constructed as part of the apprpved plans as the aforementioned
i
Subdivision by the owner and developer of this Subdivision, the Petitioner herein.
5. The maximum amount to be expendeji by the Drainage District for the
construction and acquisition of the improvements is hero ($0.00).
6. The Petitioner acknowledges that the Drainage District's annual expenses for
the operation, maintenance, repair or replacement of ~he drainage improvements shall
approximate
Dollars ($
asset forth in the attached
map and plan.
WHEREFORE, the Petitioner requests
Wappinger establish the Drainage District herei
Public Hearing thereon by held according to law.
Dated:
the Town Board of the Town of
proposed and described and that a
By:
Grid No.:
O:\Wappinger\I-General Formats of Documents\Drainage District
Dist.doc
A
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On ,before me, the ' dersigned, personally appeared
known to me or p oved to me on the basis of satisfactory
evidence to be the individual whose name is subscr'bed to the within instrument and
acknowledged to me that he/she executed the same;in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Notary Public
O:\Wappinger\1-General Formats of Documents\Drainage District
Dist.doc
RESOLUTION N0.2
RESOLUTION AUTHORIZING ENFORCEMEI\
B21860213 ISSUED PURSUANT TO WAPPIN
AREA 1999-2(R), CONTI
At a regular meeting of the Town Board of the T
New York, held at Town Hall, 20 Middlebush Road, W
day of April, 2002, at 7:30 P.M.
The meeting was called to order by Joseph Rugg
called, the following were present:
PRESENT: Supervisor -
Councilmen - Ro
J
ABSENT:
The following Resolution was introduced by
WHEREAS, the Town of Wappinger previous
Wappinger Water Improvement Area -1999-2(R), herei
purposes of constructing a supplemental water supply to
Areas in the Town; and
WHEREAS, among the improvements to be n
and installation of a dedicated pressurized water line fi
Wappinger Creek to the Hilltop Water Tank located on
and
OF PERFORMANCE BOND NO.
ER WATER IMPROVEMENT
-CT N0.6
of Wappinger, Dutchess County,
~gers Falls, New York, on the 14tH
Supervisor, and upon roll being
Ruggiero
L. Valdati
t F. Bettina
P. Paoloni
pher J. Colsey
and seconded by
authorized the formation of the
referred to as "1999-2(R)", for the
is Water Districts and Improvement
by 1999-2(R) was the construction
the Atlas well field located adjacent to
.r Mill Loop in the Town of Wappinger;
O:\Wappinger\Town Board\RESOLUTION\19992R-K6 Call Bond.doc
~.
WHEREAS, the construction and installation oi#the dedicated pressurized water line
from the Atlas Wellfield to the Hilltop Water Tank was warded to Clayton Industries, Inc. as
the lowest responsible bidder pursuant to plans and
Town; and
WHEREAS, the Contract between the Town of
was entered into on August 15, 2002; and
WHEREAS, during the course of the
pressurized water line from the Atlas Wellfield to the
encountered numerous problems with Clayton
the progress of the work through no fault of the Town;
prepared on behalf of the
appinger and Clayton Industries, Inc.
and installation of the dedicated
top Water Tank, the Town has
Inc., which have substantially delayed
WHEREAS, the original completion date for the Contract was January 16, 2003 which
was extended upon request by Clayton Industries, Inc., a~d approved by Change Order No. 6,
resulting in rescheduling the Contract completion date toj August 2, 2003; and
WHEREAS, the Town by its engineers and attor~ey has made many attempts to resolve
the aforesaid numerous problems with Clayton Industries, Inc. in order to ensure that Clayton
will be able to complete the project as required by the Contract; and
WHEREAS, the Attorney to the Town, Albert P.j Roberts, by letter dated April 10, 2003
to Frederick Maute, Attorney to Clayton Industries, Inc., has demanded Clayton Industries, Inc.
to recommence and complete the project as required by t$e Contract; and
WHEREAS, the Town Board determines that it i~ a matter of public neccesity to
complete the construction project in a timely fashion in ajccordance with the Contract
Specifications; and
O:\Wappinger\Town Board\RESOLUTION\19992R-K6 Call Bond.doc
t
WHEREAS, the Town Board hereby determi~
to recommence the project and otherwise has failed to
with the Contract documents; and
WHEREAS, the Town Board directs the A
take all steps necessary to commence enforcement of
B21860213) in order to ensure adequate and timely p.
.s that Clayton Industries, Inc. has failed
iligently perform its duties in accordance
y to the Town, Albert P. Roberts, to
Performance Bond (Bond No.
rmance and completion of the project as
provided by 1999-2(R) Contract No. 6.
~.
NOW, THEREFORE, BE IT RESOLVED, a~ follows:
1. The recitations above set forth are incorpjorated in this Resolution as if fully set
""' forth and adopted herein. II'~,
2. Attorney to the Town, Albert P. Roberts,~~ is hereby authorized to take all
necessary steps to enforce the provisions of the Perfonn~nce Bond (Bond No. B21860213)
issued by Gulf Insurance Gulf Company to the Town of Wappinger in order to ensure adequate
and timely performance and completion of the project a~ provided by 1999-2(R) Contract No. 6
in consequence of the failure of Clayton Industries, Inc. I'~to diligently perform its duties pursuant
i
to the Contract dated August 15, 2002. ~'i
The foregoing was put to a vote which resulted a~ follows:
JOSEPH RUGGIERO, Supervisor Vot~ng
ROBERT L. VALDATI, Councilman Vot~n~
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONI, Councilman
CHRISTOPHER J. COLSEY, Councilman
V
V
Vot
O:\Wappinger\Town Board\RESOLUTION\19992R-K6 Call Bond.doc
.r
Dated: Wappingers Falls, New York
April 14, 2002
The
GLORIA
O:\Wappinger\Town Board\RESOLUTION\19992R-K6 Call Bond.doc
is hereby duly declared adopted.
MORSE, TOWN CLERK
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER i
CRANBERRY HILLS, LLC,
Petitioner,
For a Judgment Pursuant to Article 78 of the Ci
Practice Law and Rules,
-again~t-
Index No. 306/2008
ENVIRONMENTAL
CLAIMS PART
vil
NOTICE OF
MOTION TO
DISMISS
THE PLANNING BOARD of the TO N of
WAPPINGER, and the CHAIRMAN f the
PLANNING BOARD of the TO of
WAPPINGER, j
Respondents
PLEASE TAKE NOTICE, that upon the
Attorney to the Town and the Planning Board, dated Fe
L. Valdati, Chairman of the Planning Board, dated Febr
Stolman, the Town Planner, dated February 26, 2008
Esq. dated February 27, 2008, and upon the
of Albert P. Roberts, Esq.,
27, 2008, the Affidavit of Robert
23, 2008, the Affidavit of David H.
the Affirmation of James P. Horan,
' Memorandum of Law, dated February
27, 2008, a motion pursuant to N.Y. C.P.L.R. 7804(f) ar~d CPLR 3211(a)(7) will be made at the
Environmental Claims Part of this court to be held at the courthouse thereof, located at 111
Martin Luther King Boulevard, White Plains, New York on March 24, 2008, at 9:30 o'clock in
the forenoon of that day, or as soon thereafter as counsel may be heard, for an order dismissing
the Petition herein in point of law upon the ground that the Petition fails to state a cause of
action, and for such other and further relief as may be just, proper, and equitable.
The above-entitled special proceeding was
an order compelling Respondents to sign petitioner's
DATED: Wappingers Falls, NY
February 27, 2008
VERGILIS, STEN
By:
in the nature of mandamus to obtain
subdivision plat.
ROBERTS & DAMS, LLP
ALBERT P ROBERTS
1136 Route 9
Wappinger Falls, New York 12590
(845)298-2 00
To: Keane & Beane, P.C.
445 Hamilton Avenue, Suite 1500
White Plains, New York 10601
Chadbourne & Parke LLP
30 Rockefeller Plaza
New York, New York 10112
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
CRANBERRY HILLS, LLC,
Petitioner,
For a Judgment Pursuant to Article 78 of the Ci
Practice Law and Rules,
-againgt-
THE PLANNING BOARD of the TOV
WAPPINGER, and the CHAIRMAN c
PLANNING BOARD of the TOWI
WAPPINGER,
Respondents
Index No. 306/2008
ENVIRONMENTAL
CLAIMS PART
vil
of
the
of
AFFIRMATION IN
SUPPORT OF
MOTION TO
DISMISS
ALBERT P. ROBERTS, ESQ., an attorney du y admitted to practice law before the
Courts of the State of New York, hereby affirms the following under his oath and the penalties of
perjury:
1. I am an attorney and counselor at law, duly ~icensed to practice law in the Courts of
the State of New York and I am a Partner in the firm of ~ergilis, Stenger, Roberts & Davis, LLP.
2. At all times hereinafter mentioned, I was the duly-appointed attorney to the Town of
Wappinger and to the Planning Board of the Town oi~ Wappinger (hereinafter the "Planning
Board").
3. I am fully familiar with the facts and circum
4. I make this affirmation in support of the Re
' motion to dismiss the Petition
based on a point of law: i. e., that the determination madel by the Chairman of the Planning Board
of the Town of Wappinger (hereinafter the "Chairman") i:o not sign Cranberry's final subdivision
plat because the Petitioner failed to comply with the conditions of the resolution of approval was
of this case.
neither arbitrary, capricious, nor illegal; such deters
evidence in the record and, accordingly, the Petition f
relief may be granted.
5. Petitioner, Cranberry Hills, LLC,
Article 78 proceeding with the filing of a Notice of
annexed hereto.
6. The Petition is in the nature of mandamus
Planning Board to sign the final subdivision plats
Chairman for his signature on December 7, 2007.
was supported by substantial
to state a cause of action for which
"Cranberry") commenced the instant
ion and Petition, copies of which are
seeks to compel the Chairman of the
were submitted by Cranberry to the
7. Cranberry devotes a large portion of the Pet~tion, and its exhibits, to the actions of the
~ Town Board of the Town of Wappinger in the adopti n of Local Law No. 17 of 2007 which
rescinded Local Law No. 14 of 2002; Local Law No 14 of 2002 was the authorization to the
Planning Board to review Petitioner's application for subdivision as a Conservation (Cluster)
subdivision, subject to various conditions contained in tie Local Law.
8. The Town Board's reasons for rescindinll Local Law No. 14 of 2002 are best
~ articulated by Councilwoman McCarthy (see Transcri t of Town Board Meeting December 26,
2007, Exhibit 6 to Petition at 35-37) and Supervisor Jo leph Ruggiero. (Id. at 41-44).
9. Cranberry decries the actions of the Town board, yet tellingly, ignores its own failure
""' to obtain the necessary permits and approvals from the jArmy Corps of Engineers ("ALOE").
10. The numerous allegations regarding the a~option of the Local Law to rescind the
cluster authorization are clearly a smokescreen to
M.
2
the true issue in this proceeding:
•
rrr
Did Cranberry comply with the conditions set
Subdivision Plat Approval (hereinafter the "Co
«C,~
11. The answer to this simple question is no,
the issuance of the ACOE permit and related
of the final subdivision plat. The letter from the A
'~' Cranberry, did not satisfy the conditions set forth in
Chairman could not sign the final plat because the
fulfilled and could not be certified as complete.
12. The property that Cranberry seeks to d
~, located in the Town of Wappinger (hereinafter "the
13. In the 1970's an application for subdivisi
Planning Board and after the review process a final su>:
family building lots on December 7, 1983. (See Toy
Development, Resolution of Final Approval dated Dece
14. Construction was never commenced based
~ in the conditional Resolution of Final
Approval"). (Town Return Exhibit
i, the Chairman properly determined that
were conditions precedent to the signing
E dated December 7, 2007, provided by
Conditional Approval. Accordingly, the
ditions of the Resolution had not been
is a 322.67 acre parcel of vacant land
of the Property was presented to the
ision plat was approved for 550 single
Return Exhibit "B," Cranberry Hills
7, 1983).
the 1983 subdivision plat and it was
ultimately abandoned by Cranberry in January of 2002.
15. Subsequent to the authorization of the 550 ~ot subdivision, the wetlands delineation
of the Property was changed. 70.01 acres (24%) of the property were designated as federal
wetlands regulated by the ACOE, 64.10 acres (20%~ of the property were designated as
state wetlands regulated by the New York State Department of Environmental Conservation
("DEC") and additional areas were Town wetlands. ~2.9 acres of the Property have slopes of
3
sir
greater than 15%. (See Town Return Exhibit "C," C
..
Final Subdivision Plat Approval dated December 12,
Sheet lA" Map of Cranberry Hills Subdivision).
..
ry Hills Subdivision, Resolution of
at 5-6. Town Return Exhibit "A-1,
16. By letter dated April 16, 2002, Cranberry r~quested the Town Board of the Town of
Wappinger to authorize the Planning Board to re~riew its subdivision application as a
Conservation Subdivision pursuant to § 240-19(B) of th$ Town Zoning Code.
17. By resolution dated April 29, 2002, thel Planning Board adopted a Negative
I
Declaration with respect to the proposed 232-lot Conservation Subdivision plan in accordance
with Article 8 of the State Environmental Conservation aw and 6 N.Y.C.R.R. Part 617.7 (c).
18. On October 15, 2002, the Town Board adopted Local Law No. 14 of 2002 which
granted Conservation Subdivision Authorization to the Manning Board to permit a Conservation
Subdivision subject to certain conditions set forth therein. (See Town Return Exhibit "D," Local
Law No. 14 of 2002).
19. The Planning Board granted conditional Preliminary Subdivision Approval by
resolution dated October 21, 2002. (Town Return Exhib t "C" at page 8).
20. Cranberry requested, and the Planning Boa d granted, aone-year extension to the
Preliminary Subdivision Plat Approval on May 5, 2003 t~ May 5, 2004, a second extension of 90
days to August 5, 2004, and a succession of 9 additidnal six-month extensions extending to
December 12, 2006. (Town Return Exhibit "O," minut~s of August 7, 2006 -Planning Board
Meeting).
21. Cranberry submitted an Application for Fina Subdivision Plat Approval which was
received by the Planning Board on July 10, 2006. The s bmission contained approximately 110
4
ar
sheets of engineering drawings, architectural plans, ~~andscape plans, wetland maps, wetland
mitigation plans and associated documents which w;rre required for a project of such large
magnitude. (See Town Return, Exhibit "C" at 2-3 for ail complete listing of the submissions made
by Cranberry). ~~~
22. By letter dated October 12, 2006 from Ric~ard O'Rourke, Esq. to the Town Clerk,
Cranberry demanded the issuance of a Certificate of Default Approval for the Cranberry Hills
Subdivision. (See Town Return Exhibit "E," Letter of R. O'Rourke, Esq. to Town Clerk dated
I
October 12, 2006). '~,
i
23. The Town Clerk and the Planning Board reused to honor Cranberry's demand for a
default approval.
24. At the October 16, 2006 meeting, the Plam
the Board's professionals had not had enough time to
were submitted by the applicant and additional time ~
size of the submission. It was further noted that Cran
Planning Board consultants would have as much
Board Chairman told Cranberry that
view all of the engineering plans that
required for a proper review due to the
y's professionals had indicated that the
as needed to review the extensive
submission. (See Town Return Exhibit "F," Minutes of the October 16, 2006 Planning Board
Meeting at 31-32).
25. At the October 16, 2006 Planning Board me ting, Cranberry's attorneys stated to the
Planning Board that they would not pursue the default approval if the Planning Board adopted a
resolution of conditional final approval prior to the exjpiration of the statute of limitations to
compel the Town Clerk to issue a certificate of defaul'~t approval. (Town Return Exhibit "F,"
Minutes of Planning Board Meeting, October 16, 2006 at'~ 31-33).
5
26. The Town Engineer, Town Planner, I
Cranberry's professionals to review the numerous docu
application. In reviewing the plans, the Town Engi
November 8, 2006. (Town Return Exhibit "G," Review
& Del Bene, LLP, dated November 8, 2006).
my staff worked diligently with
ents constituting the final subdivision
generated a review letter dated
Letter of Town Engineer, Paggi, Martin
27. The Paggi letter lists four approvals which ar~ required from the ACOE:
a) On page 2 under the heading "Wetlands A.4. Pe
"for constructive activity" on certain proposed r~
b) On page 2 under the heading "Wetlands A.S. Pe
are subject to ACOE review and approval;
c) On page 2 under the heading "Wetlands A.8. Pe
to ACOE review and approval; and
d) On page 4 paragraph B35 under the heading "G~
type box culvert is subject to ACOE review and
28. It should also be noted that in November
Planning Board authorize the filing of the final su
review was conducted accordingly.
ing," ACOE permits must be obtained
g" Mitigation and Restoration Plans
g" "Wild Life Crossings" are subject
ig and Drainage" the aluminum, arch
Koval.
6, Cranberry also requested that the
rn plat in four sections and the final
of
29. Prior to December 12, 2006, the Planning ~oard consultants had .several meetings
with Cranberry's professionals in an effort to
Conditional Approval of the Final Subdivision Plat.
30. A number of drafts of the Resolution of
Cranberry's professionals for the applicant's input
Planning Board.
31. At the special meeting of the Planning
Board reviewed the draft of the Conditional A
professionals, and after modifications were mutually
a mutually-acceptable Resolution of
Approval were circulated to
to the Resolution's adoption by the
on December 12, 2006, the Planning
line by line, with Cranberry's
agreed upon, adopted the Conditional
6
Approval subject to the revisions noted in the record.
Planning Board Meeting, December 12, 2006).
32. Paragraph 14 of the Resolution of
(Town Return Exhibit "H," Minutes of
f Approval states:
The following are the conditions and modificati ns which must be satisfied prior
to the signing of the 232-lot Final Subdivisio Plat by the Chairman of the
Planning Board: .. .
f. The Applicant shall revise the plans to a dress all comments contained in
the Town Engineer's November 8, 2006 letter to the Planning Board, to
the satisfaction of the Town Engineer." ( mphasis added)
33. The Town Planner revised the Resolution
noted revisions and submitted the final version for the
2006.
34. Chairman Phillip DiNonno signed the
February 4, 2007 and it was filed with the Town
Exhibit "C," Resolution of Conditional Approval).
Between
35. The Planning Board's professionals and
May 8, 2007 to review Cranberry's progress toward
Conditional Approval to include the
's signature on December 26,
of Conditional Approval on
on February 5, 2007. (Town Return
berry's professionals first met on
lling the conditions set forth in the
Conditional Approval. Subsequent compliance reviev~ meetings were held on the following
dates in 2007: May 29, September 28, October 30, October 31, November 8 and November 14.
36. At these meetings, the Conditional Approval and the Town Engineer's review letters
were used as the meeting agenda. (Town Return Exhibit "C" and Town Return Exhibit "I,"
Review Letters of Town Engineer, Paggi, Martin & Del >~ene, LLP, dated November 8, 2006).
7