2014-2172014-217
Resolution Authorizing Supervisor To Execute Agreement For Acquisition Of Permanent
Easement And Grant Of Permanent Easement For Installation Of Central Utilities In
Connection With Route 9/Meadowood Loop Improvements
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
September 8, 2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following was recorded:
✓ Vote Record - Resolution RES -2014-217
0 Adopted
P
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted as Amended
Barbara Gutzler
Mover
p
❑
❑
❑
❑ Defeated
William H. Beale
Voter
❑
❑
❑
0.
❑ Tabled
Vincent Bettina
Voter
p
❑
❑
p
❑ Withdrawn
Ismay Czamiecki
Mover
D
❑
❑
p
Michael Kuzmicz
Seconder
D
❑
❑
❑
The following Resolution was introduced by Councilman Gutzler and seconded by
Councilman Kuzmicz.
WHEREAS, the TOWN owns a parcel of property located on the northerly side of Old
Hopewell Road and adjacent to Sprout Creek upon which are located two wells, including a
pump house with filtration systems and related appurtenances, known as the "Meadowood Well
Field Parcel"; and
WHEREAS, the Meadowood Well Field Parcel is located adjacent to a parcel of
property owned by Christopher D. Rigby and Maria T. Rigby, (hereinafter referred to as
"RIGBY"), with a common street address of 361 All Angels Hill Road, Wappingers Falls, New
York, and is also identified as tax parcel grid identification number 6257-04-998401, hereinafter
referred to as the "Rigby Parcel"; and
WHEREAS, the TOWN has made arrangements with Toll Land VI Limited Partnership
("TOLL") to construct an interconnection of the Meadowood Wells with the existing United
Wappinger Water District ("UWWD") water facilities, in accordance with plans and
specifications as prepared by Morris Associates Engineering Consultants, PLLC, Engineers to
the Town of Wappinger; and
WHEREAS, RIGBY has been provided a copy of the plans and specifications as
prepared by Morris Associates and a copy of which plans are also on file with the Town Clerk of
the Town of Wappinger; and
WHEREAS, Meadowood Well Field Parcel is located on Town owned property bearing
tax parcel grid identification number 6357-03-026463 and hereinafter referred to as the
"Meadowood Well Field Parcel"; and
WHEREAS, the Meadowood Well Field Parcel is located adjacent to the Rigby Parcel
and the Rigby Parcel is identified as tax parcel grid identification number 6257-04-998401; and
WHEREAS, to facilitate the construction of the interconnection of the Meadowood Well
Field with existing UWWD water facilities, the TOWN seeks to acquire a general utility
easement from RIGBY for the purposes of and including, but not limited to, the construction and
installation of potable water lines within the PERMANENT EASEMENT AREA as hereinafter
defined within the general utility easement; and
WHEREAS, RIGBY has agreed to grant to the TOWN the standard Grant of Permanent
Easement for Installation of Central Utilities (sewer, potable water and stormwater) [hereinafter
referred to as "Grant of Permanent Easement"] subject to the terms and conditions specified in
the Agreement, which Grant of Permanent Easement will permit the TOWN, through its
agreement with TOLL, to construct a portion of the interconnection of the Meadowood Well
Field to the existing UWWD water facilities in accordance with the plans and specifications
prepared by Morris Associates as aforesaid; and
WHEREAS, the Permanent Easement will also facilitate the future connection of other
parcels to UWWD which parcels are adjacent and/or in close proximity to the Permanent
Easement Area to be granted.
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 Members acknowledge they have reviewed the terms and conditions
of the proposed "Agreement for Acquisition of Permanent Easement for Installation of
Central Utilities (Sewer, Potable Water and Stornwater)" as well as the "Grant of
Permanent Easement for Installation of Central Utilities (Sewer, Potable Water and
Stormwater), hereby approve the Agreement and Easement in the forms annexed hereto,
and authorizes and directs the Supervisor to execute the Agreement and Easement by and
on behalf of the Town of Wappinger and the United Wappinger Water District.
3. The Town Board further directs the Attorney to the Town to take whatever steps are
necessary to have the aforementioned Agreement and Easement recorded in the Office of
the Dutchess County Clerk.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Barbara Gutzler, Ismay Czamiecki
SECONDER: Michael Kuzmicz, Councilman
AYES: Barbara Gutzler, Vincent Bettina, Ismay Czamiecki, Michael Kuzmicz
ABSENT: William H. Beale
Dated: Wappingers Falls, New York
9/8/2014
The Resolution is hereb duly ared adopted.
EPH P. PAOLOW-I; TOWN CLERK