2005-057r
RESOLUTION NO. 2005- 57
RESOLUTION AUTHORIZING THE PURCHASE OF A GRADING EASEMENT TO
RECONSTRUCT A CURVE ON SMITHTOWN ROAD
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 25th
day of April, 2005, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Council Members - Robert L. Valdati
XRXTfta
Joseph P. Paoloni
Maureen McCarthy
ABSENT: Vincent Bettina
The following Resolution was introduced by Mr. Valdati
Ms. McCarthy
and seconded by
WHEREAS, the Superintendent of Highways to the Town of Wappinger, Graham
Foster, has recommended that the roadway curve located on Smithtown Road near the premises
known as 180 Smithtown Road be improved and straightened; and
WHEREAS, the straightening of the curve necessitates the purchase of a proposed
Grading Easement pertaining to a portion of land located at 180 Smithtown Road owned by
Roger DeVries and Kimberly A. Sterople which is more particularly described in a certain Deed
dated August 3, 1994 from Frank A. Lehmann to Roger DeVries and Kimberly A. Sterople
recorded on October 5, 1998 in the Dutchess County Clerk's Office at Liber 1952 of Deeds at
page 166 and further described in a certain Deed dated January 18, 2002 from County of
O:\Wappingeffown Board\RESOLUTIOMSmithtown - DeVries Pymt.doc
Dutchess to Roger DeVries and Kimberly A. Sterople recorded on January 29, 2002 in the
Dutchess County Clerk's Office at Document No. 02 2002 940; and
WHEREAS, Albert P. Roberts, Attorney for the Town, has negotiated the purchase of
the necessary Grading Easement, which is attached hereto as Schedule "I", from the aforesaid
property owners to improve, straighten and reconstruct the curve on Smithtown Road for the sum
of Five Hundred Dollars ($500.00).
NOW, THEREFORE, BE IT RESOLVED,
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that it is in the best interests of the residents
of the Town of Wappinger to purchase for the sum of Five Hundred Dollars ($500.00) the
necessary Grading Easement to effectuate the improvement and/or straightening of the road near
the premises known as 180 Smithtown Road.
3. The Town Board hereby authorizes Albert P. Roberts, Attorney for the Town, to
take whatever steps are necessary to effectuate the Town's purchase of the aforementioned
Grading Easement for Five Hundred Dollars ($500.00) from the property owners, Roger DeVries
and Kimberly A. Sterople, including the coordination and management of the preparation,
execution and recording of the Grading Easement as well as any and all related activities in
furtherance of securing the acquisition of grading easement rights from the aforementioned
owners.
4. Supervisor to the Town, Joseph Ruggiero, is hereby authorized and directed to
I� take whatever steps are necessary to effectuate the purchase of the aforementioned Grading
Easement, including the authority to execute a voucher in a sum not to exceed Five Hundred
0AWappingeffown Board\RESOLUTIOMSmithtown - DeVries Pymt.doc
Dollars ($500.00) for fee disbursement to the aforementioned property owners as well as any
additional sums that may be required to record said grading easement with the Dutchess County
Clerk's Office.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Ave
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONI, Councilman
MAUREEN MCCARTHY, Councilwoman
Dated: Wappingers Falls, New York
April 25, 2005
Voting A�eent
Voting Aye
Voting Aye
The Resolution is here duly declared adopted.
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0AWappinger\Town Board\RESOLUTIOMSmithtown - DeVries Pymt.doc