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2005-04904/11/2005.WS 2x24 89.00 Chemung Supply 2 1/2 x 25 3/8 89.00 Chemung Supply 2x25-3/4 89.00 Chemung Supply Catch Basin Risers Voting Aye 1/2" A 36 MAT'L Voting Aye UP TO 550 SQ. IN. 115.00 Chemung Supply 551-625 SQ. IN. 626-730 SQ. IN. 115.00 121.00 Chemung Supply Chemung Supply 731-1133 SQ. IN. 134.00 Chemung Supply OVER 1134 2Q. IN. 161.00 Chemung Supply The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-049 RESOLUTION AUTHORIZING THE TERMINATION OF EASEMENT RIGHTS BETWEEN OAK STREET PROPERTIES, LLC AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Bettina and Lseconded by Councilwoman McCarthy. WHEREAS, by Grant of Easement for Water Pipe Line and Main dated September 17, 1991, the Wappinger Park Water District obtained an Easement from Bertha Sofair through certain premises located on Route 9 in the Town for the purposes of installing a Water Pipe Line and Main to be used in connection with the Wappinger Park Water District well distribution system; and WHEREAS, the property formerly owned by Bertha Sofair (hereinafter referred to as "SOFAIR") is now owned by Oak Street Properties, LLC (hereinafter referred to as "OAK STREET"); and WHEREAS, the Easement granted by SOFAIR was utilized to connect a well located on property known as Hark Plaza with the system providing water to Wappinger Park Water District; and WHEREAS, the Wappinger Park Water District has connected to the Town owned water system known as Wappinger Water Improvement Area 1999- 2(R) and the Wappinger Park Water District intends to abandon the well located on Hark Plaza III; and WHEREAS, the Wappinger Park Water District is no longer in need of the aforesaid Water Pipe Line and Main Easement and wishes to abandon the Easement to the current property owner, OAK STREET; and 3 04/1112005.WS WHEREAS, OAK STREET has entered into a Contract with North American Home Equities, Inc. (hereinafter referred to as "NORTH AMERICAN") to sell the property subject to Site Plan Approval; and WHEREAS, OAK STREET, and/or NORTH AMERICAN or their assigns, will undertake all work necessary to abandon and/or remove the water pipe lines within the Easement Area at no cost to the Wappinger Park Water District; and I i WHEREAS, the Town of Wappinger Planning Board has granted Site Plan Approval for this parcel and NORTH AMERICAN has agreed to improve the parcel in accordance with the conditions set forth in the Resolution of Site Plan Approval, as well as any recommendations made by the Engineer to the Town, Joseph E. Paggi, Jr., P.E.; and WHEREAS, the Engineer to the Town, Joseph E. Paggi, Jr., P.E., has identified several items to be addressed by NORTH AMERICAN in connection with the discontinuance of the Water Pipe Line and Main Easement, as set forth in his letter of March 28, 2005; and WHEREAS, as a condition of granting the Termination of Easement, OAK STREET and/or NORTH AMERICAN or their assigns will be required to install, test and certify to the Dutchess County Department of Health the new Route 9 water main and service for the Hark Plaza III building prior to the abandonment of the existing water service off of Cayuga Drive and coordinate with CAMO Pollution Control the deactivation of the well line and water service off Cayuga Drive and the connection of the new Hark Plaza III service; and WHEREAS, the Town Board determines that the enactment of this Resolution is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 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, on behalf of the Wappinger Park Water District, hereby determines that the Wappinger Park Water District is no longer in need of the Easement located on properties presently owned by OAK STREET and hereby elects to abandon and terminate all of its right, title and interest in and to an Easement granted September 17, 1991 by 04/11/2005.WS SOFAIR in favor of the Wappinger Park Water District which Easement was recorded in the Dutchess County Clerk's Office in Liber 1902 at Page 289. 3. As a condition to the abandonment and termination of its rights set forth in the Easement granted September 17, 1991 by SOFAIR, OAK STREET and/or NORTH AMERICAN or their assigns will be required to install, test and certify to the Dutchess County Department of Health the new Route 9 water main and service for the Hark Plaza III building prior to the abandonment of the existing water service off of Cayuga Drive and coordinate with CAMO Pollution Control the deactivation of the well line and water service off Cayuga Drive and the connection of the new Hark Plaza III service. 4. The Town Board further authorizes Town Supervisor, Joseph Ruggiero, to execute the document entitled "Termination of Easement Rights", a copy of which is affixed hereto and made part hereof marked and designated Schedule "2" and have the same delivered to OAK STREET and/or NORTH AMERICAN. 5. All costs associated with the preparation and recording of the Termination of Easement Rights will be paid for by OAK STREET and/or NORTH AMERICAN or their assigns. ( 6. The Town Board determines that the enactment of this Resolution is a Type H action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Aye Robert Valdati, Councilman Voting Aye Vincent Bettina, Councilman Voting Aye Maureen McCarthy, Councilwoman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted RESOLUTION NO. 2005-050 RESOLUTION AUTHORIZING BUDGET AMENDMENTS The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the