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Cedar Hill Road 2007-38 Resolution Authorizing Completion Change Order for Cedar Hill Pump Station Replacement 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 January 22nd, 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - William H. Beale Joseph P. Paoloni Maureen McCarthy ABSENT: Vincent F. Bettina The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, Town Engineer Joseph E. Paggi has approved a Change Order for the Cedar Hill Road Pump Station Replacement as per a letter dated January 1 lth, 2007, a copy of which is attached hereto. 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 a change order dated January 5th, 2007 for the Cedar Hill Road Pump Station Replacement between the Town. and Ben Ciccone Inc. in the amount of Four Thousand, Seven Hundred Seventy and 001100 ($4,770.00) for the reasons set forth in the letter dated January 11th, 2007 from Joseph E. Paggi Engineering to the Town Board. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls, New York 1/22/2007 The Resolution is hereby duly declared adopted. OHN C.MASTERSON, TOWN CLERK PAGGI, MARTIN & DEL BENE LLP CONSULTING • 56 MAIN STREET ., .. NY , ' (845)471-78981 Fax(845)4714)905 Memo TO: Town Board Attention: Supervisor Joseph Ruggiero ec Hon. Graham Foster Town Board: File Albert P. Roberts, Esq. Mike Tremper Fronx Joseph E. Paggi, Jr., P.E. Data January 11, 2007 Rw Cedar Hill Road Pump Station Replacement Enclosed please find proposed Change Order No. 1 for the above referenced project. The proposed Contract changes are as follows: • Core the wet well and install a 2" Schedule 80 PVC force main for the adjoining parcel (Barrett) including all fittings, backfill, restoration, etc. (See attached 11/10/06 fax proposal from Ben Ciccone, Inc.). Ms. Barrett has requested to become a tenant to the District. • Fumish and install a 6' high by 6' wide standard cantilever sliding gate with black privacy slats and all hardware. (See attached quotation from DeCar f=ence, Inc.), This gate will allow access to the front of the pumping station along Cedar Hill Road. The costs for this Change Order are listed on the enclosed Change Order Form. The change to the Contract price is detailed as follows: • Construction Cost Estimate from the 04/20/06 Ma Plan S Re rt: $200,000 • Actual Contract Bid amount from Ben Ciccone, Inc. (0823106): $ 167,825 • Total of Change Order No. 1: $ 4,770 • New Total Contract Amount: $ 172,595 Please feel free to contact me if you have any questions regarding this matter. Thank you for your consideration in this matter. •Page 1 CHANGE ORDER NO, 1 DATE: 01105/07 ENGINEER'S PROJECT NO,: 06-003(30) PROJECT: WAPPINGER SEWER IMPROVEMENT AREA No. 5 • Cedar Hili Road Pump Station Replacement NATURE OF CHANGES: Care for and install 2" £orcemain connection for adjoining owner (Jennifer Barrett), and add 6 sliding-gate in fence along Cedar Hill Road. ENCLOSURE: 11/10/06 Ciccone Fax Proposal b 10/05/06 DeCar Fence Proposal ADJUSTMENT OF CONTRACT AMOUNT: ORIGINAL CONTRACT AMOUNT: $ 167,825 PRIOR CHANGE ORDER(+,--}: $ None THIS CHANGE ORDER{+,-): S+_ 2_.608 + _$ Z.162_=-_4.770 (Total) REVISED CONTRACT AMOUNT: $ 172,595 ADJUSTMENT OF CONTRACT TIME: None CONTRACT TIME PRIOR TO THIS CHANGE ORDER: N/A (DAYS OR DATE) NEW (1NCREASE)(DECREASE)RESULTING FROM THIS CHANGE ORDER (DAYS) CURRENT CONTRACT TIME INCLUDING THIS CHANGE ORDER N/A (DAYS OR DATE) OTHER CONTRACTS AFFECTED: None SUBMITTED BY: DATE (Engineer's Signature) APPROVED BY: DATE (Owner's Signature) ACCEPTED BY: DATE (Contractor's Signature) DISTRIBUTION: OWNER[ ] CONTRACTOR [ ] ENGINEER[ ] FIELD REPRSENTATIVE [ ] OTHER CO- 1 ' -- FAX PROPOSAI, 15-1 DAT,FY Tt(:1dT},l'w'}>,IGHKEEi'S1E,NEW Y[)Rti 326113 Phone* 845.462.2800 FAX*80.466.0358 www.he:�ciccaateratr� TO: 11clor foggy Plioxt.. (845) 471..781$ COARAN5 Paggi, Martin&D(l l Bene t<AV {845}471-0905 F]om: Jac MQGuinuss El�A't' .': Novmiber 10, 2006 Sclrtar,CT�: cedar i[ill Pump Station You should receive(1) page including this cover sheet by fax. lfyou do not rucoive all pages, please call (845 462-28W - - - - - - - As. requested, we hereby submit our price to install ;t 2" Schedule 80 Farce Main Stab as follow4: 1. Exc:avatt.& 11mmll 4" cote in previously placed wet well. 1 Trench for 12 if stuh onto adjacent homeowner property, 3. Install 2" Schedule 80 PVC pipe, Cap and Marker, 4. Install 2" yU degreebend and 2' pipe drop inside wet well. 5. Rackfill trenc.11 per FMCe M till TrenCh llotall 6, Topsnil & seed trench area. (When projeet tree.;ars,pianted in tlsc Spring) Total Pries to perrorm this work is $2,608,00 f,R ',RA.t. uALIFICATIONS 1. mock excavation is not i11C,1Udccl. 2. Since pipe inslad itiun (ucr(aidC Of tf''e Wet well) is compriac.rl or a Solid �ocat.ion of pipe with no fittings,pressure testing has not boon inehided. If you have any questionti or re4uiru hdrther h'Jormad-on l kmmt'ael free (U contact tree at our main cat;iec, Very truly yours, ��..—,...J.....- JocePh K. IvlcGuiwloss Project Manager cc' ACLOUnthIg�COver only) File - t�w.l'V i;1LLUIV� iIV4.:y' GFFJ 4I7C U73tlj W1:�"::J'-uV e.z:ariei� rn�lc c!c QUOTATION A0n; NCO" Ve Car yencE ine. 15 14aci tosh ,Cane 1Napfiinaers ,.dad', NY 12500 _...,.,�.�.�. 45-297-7018 Job n j4x ; 845-2,97-6066 Now*, Pdca�ro betiad on q prpft,Pfi'IMWS�in ���4r4�105�rekft�rerr�o�an of priRa,, � �� 13 lei+n t]u.ntlty D�lacxlra+ion thrall prl4s TOW POO Lai+ f p Al l � ef ' . wl SAM, eft Yerms V dwyl m rourace UNess rer►wlsa acted "'Pries vslld for 10 days only.* EXCLUSIONS: IxsYan 6 prococllvn of und�rprvg1r10 a.End "M Aaoepceu by, stvrerensy, ,. ■r' �pnc*Ir�e� �0 3�ttd 'ONI 11ON9A NVO M9909-LiiZ-�a4B 5G 4i ' 90OZ/5G3l0T PAGGI, MARTIN & DEL BENE LLP CONSULTING ENGINEERS & + • SURVEYORS Jb MAIN �-OUGHKEEPSIE, NY .i • 8 (84 5) 090 Memo To: Hon. Joseph Ruggiero, Supervisor VIA FAX&MAIL: cc: Hon.Chris Masterson Town Board. File C^ Hon.Graham Foster R GV EIV E L Joe McGuinness, Ben Ciccone, Inc. Michael Tremper,Camo Pollution Control SEP 0 6 2006 Joseph E. Paggi,Jr., P.E. From: Peter J. Paggi �jp TOWN CLERK oats: September 7, 2006 Re: WSIA#51Cedar Hill Road Pump Station Replacement On this date I met with Mr. Kerry Mitras regarding the above referenced matter. Mr. Mitras' step daughter owns the property directly adjacent to the proposed Cedar Hill Road pump station. The following issues were discussed: • Mr. Mitras has no problem with the tree clearing work beginning, and is aware that certain of the trees in question may be on their property. I told him I would schedule the work with the Contractor, tentatively for the beginning of next week(Monday September 11th±). He indicated that he would be available to meet at the site at that time. I have also scheduled to have our survey crew layout the property line along Cedar Hill Road. • Mr. Mitras indicated that they would be interested in tying the existing house into the sewer system at some point in time. He would like to arrange for the ability to be in at some point in the future, but would rather not become a tenant right away if it would incur expenses prior to his actually connecting. I told him I would refer the matter to the Town Board for their discussion and suggestions. • The plans call for Fraiser firs to be placed around the pump station as screening. It was suggested that a more shrub like evergreen might be more appropriate (cedar, arborvitae, etc.). Mr. Mitras was also concemed that the excavation could cause other trees in the surrounding area to die. I will discuss this further with the Contractor. 1 •Page 9 It 2006-187 Resolution Authorizing Bid for Wappinger Sewer Improvement Area No.5 - Cedar Hill Pump Station Replacement 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 August 28th, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmembers - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman.Bettina and seconded by Councilman Valdati. WHEREAS,bids were opened on August 23`d, 2006, and reviewed by Chris Masterson, Town Clerk of the Town of Wappinger; and WHEREAS,bid were received as follows: Ben Ciccone, Inc. $167,825.00 Sun Up Enterprises, Inc. $187,464.00 Grant Street Construction, Inc. $274,000.00 WHEREAS Joseph Paggi, of Paggi, Martin and DelBene, has provided an award recommendation to the Town Board 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 Contract for Wappinger Sewer Improvement Area No. 5 - Cedar Hill Pump Station Replacement is hereby awarded to Ben Ciccone,Inc. for an amount not to exceed One Hundred Sixty-seven Thousand, Eight Hundred Twenty-five Dollars ($167,825.00) in accordance with the award recommendation letter dated August 23`a, 2006, from Joseph Paggi of Paggi,Martin and DelBene, to the Town Board. 3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said contract on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls,New York 8/28/2006 The Resolution is hereby duly declared adopted. (2a ext7�-_ ZPIHN C. M STERSON, TOWN CLERK rao/[3I[e�esb 1Z;z d40411U'7U5 HAUUl MAH 11N DLLUENE HAUL 01 PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & ,hand Surveyors 56)Main Street Poughkeepsie,New York.12601 845--471-7898 845--471-0905(FAX) August 23,2006 MAIL: Town Board Towu of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention, Hon. Joseph Ruggiero, Supervisor Reference: Wappinger Sewer Improvement Area No. 5 Cedar Hill Pump Station Replacement Dear Supervisor Ruggiero & Board Members: Please be advised that three bids for the above referenced project were received, opened and read aloud by Chris Masterson,Town Clerk, on Wednesday, August 23'x,2006 at 10:58 a.m. The results of said bid were as follows: • Ben Ciccone, Inc.: $ 167,825.00 • Sun Up Enterprises, Inc.: $ 187,464.00 + Grant Street Construction,Inc- $274,000,00 We have reviewed the bids and find they are in proper format. It is the opinion of this office that the low bid is consistent and within the construction cost estimate that was given in the Map, plan and Report, and we would recommend that the project be awarded to the low bidder Ben Ciccone, Inc, in the bid amount of$167,825.00. Please feel free to contact this office if you have questions or comments on this matter. very;E. our$, sepag,gi, Jr., P.E. JEP:1aw cc: Town Board: File Hon.John C. Masterson Albert P. Roberts, Esq. Michael Tremper, Camo Pollution Control Sun Up Enterprises, Inc. Granit Street Construction, Inc. Joseph E.Pgo,Jr.,PF., Frnat Martin,Jr.,YE„L.S. Charles R.Dal Bene,Jr.,Y.E. ^y r io Ilk w� r� ,w W ,✓ � u U a..,✓"' p�^„.� �,. „gip � �^�" �"o�'�.�N� .+d,..d��ntta � W���*".� n I a� PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX) August 29,2006 VIA FAX&MAIL: Ben Ciccone,Inc. RECEIVE) 151 Daley Road, Poughkeepsie, New York 12603 AUG 3 0 2006 Attention: Brandon A. Ciccone MWN CLERK, Reference: Wappinger Sewer Improvement Area No. 5 Cedar Hill Road Pump Station Replacement Dear Mr. Ciccone: Enclosed please find the Notice of Award for the above referenced project. Please be advised that at their August 28, 2006 meeting, the Town of Wappinger Town Board authorized award of the above referenced project to your firm for the bid amount of S 167,825.00. Also enclosed please find a copy of our August 23,2006 letter describing the bid results. As per the Specifications,please send all necessary Bonding and Insurance documentation to Albert P.Roberts,the Attorney to the Town, at Vergilis, Stenger,Roberts and Davis, 1136 Route 9,Wappingers Falls,New York 12590, as soon as,possible. We will contact you to schedule a mutually acceptable Contract signing date as soon as the Attorney to the Town receives and reviews the above information. In addition,please provide this office with a schedule of your proposed construction operations and a schedule of values for the contract. Any questions or comments may be addressed to this office. Very trulyyours, Joseph Eftankavagge Junior Design Engineer JES-js Enclosure cc: Hon. Joseph Ruggiero, w/o enclosure Town Board: File Hon.John C. Masterson w/enclosure Albert P.Roberts,Esq. w/o enclosure Michael Tremper w/o enclosure Joseph E.Paggi.,jr,,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Berre,Jr.,P.E. NOTICE OF AWARD DATE: AUGUST 29, 2006 TO: BEN CICCONE, INC. (BIDDER) OWNER'S PROJECT NO.: 06-003 (30) PROJECT NAME: WAPPINGER SEWER IMPROVEMENT AREA No. 5 Cedar Hill Road Pump Station Replacement OWNER'S CONTRACT NO.: 06-003(30) CONTRACT FOR: REPLACEMENT OF CEDAR HILL PUMP STATION AND APPURTENANCES. YOU ARE NOTIFIED THAT YOUR BID DATED AUGUST 23 ,2006 FOR THE ABOVE CONTRACT HAS BEEN CONSIDERED_ YOU ARE THE APPARENT SUCCESSFUL BIDDER AND HAVE BEEN AWARED A CONTRACT FOR: THE REPLACEMENT OF THE PUMP STATION AND ALL ASSOCIATED CONTRACT WORK. (INDICATE TOTAL WORK,ALTERNATIVES OR SECTIONS OF WORK AWARDED) THE CONTRACT PRICE FOR YOUR CONTRACT IS One �Hundr"-Sixty. Seven__ Thousand, Eight Hundred Twenty Five 1�LLAR,S($ 167.825.00 ) YOU MUST COMPLY WITH THE FOLLOWING CONDITIONS PRECEDENT WITHIN TEN(10) DAYS OF THE DATE OF THIS NOTICE OF AWARD,THAT IS BY September 8,2006 1. YOU MUST DELIVER THE CONTRACT SECURITY(BONDS)PRIOR TO THE CONTRACT AGREEMENT EXECUTION AS SPECIFIED IN THE INSTRUCTION TO BIDDERS AND TEIVI RA PROVISION.S,, 2. OBTAIN THE NECESSARY INSURANCE AS SPECIFIED IN THE INFORMATION TO BIDDERS AND SUBMIT INSURANCE CERTIFICATES. 3. YOU MUST MAKE YOURSELF AVAILABE TO EXECUTE THE CONTRACT AGREEMENT AT A LOCATION TO BE NAMED BY THE OWNER IN A TIMELY FASHION. FAILURE TO COMPLY WITH THESE CONDITIONS WITHIN THE TIME SPECIFIED WILL ENTITLE OWNER TO CONSIDER YOUR BID ABANDONED,TO ANNUL THIS NOTICE OF AWARD AND DECL YO ID SECURITY FORFEITED. TOWN O Paggi, Martini-& Del Bene, LLP BY: Engineer to the Toru of Wappinger (A H SIGNA (TITLE) NOA- 1 PAGGY,MAR x-1N' &DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898' 845-471-0905(FAX) August 23, 2006 VIA FAX&MAIL: Town Board Town of Wappinger P.Q. Box 324 Wappingers Falls,New York 12590 Attention: Hon. Joseph Ruggiero, Supervisor Reference: Wappinger Sewer Improvement Area No. 5 Cedar Hill Pump Station Replacement Dear Supervisor Ruggiero &Board Members: Please be advised that three bids for the above referenced project were received, opened and read aloud by Chris Masterson, Town Clerk, on Wednesday,August 23rd, 2006 at 10:58 a.m. The results of said bid were as follows: • Ben Ciccone, Inc.: $ 167,825.00 • Sun Up Enterprises, .Inc.: $ 187,464.00 • Grant Street Construction,Inc.: $274,000.00 We have reviewed the bids and find they are in proper format. It is the opinion of this office that the low bid is consistent and within the construction cost estimate that was given in the Map,Plan and Report, and we would recommend that the project be awarded to the low bidder Ben Ciccone, Inc. in the bid amount of$167,825.00. Please feel free to contact this office if you have questions or comments on this matter. Very y yon, seph E. aggi, Jr., P.E. JEP:Iaw cc: Town Board: File Hon. John C. Masterson Albert P. Roberts,Esq. Michael Tremper, Camo Pollution Control Sun Up Enterprises, Inc. .Grant Street.Construction, Inc. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R Del Bene,Jr.,P.E. OB/23/2006 12:22 6454710905 PAGG1 MARTIN DELBENE PAGE 01 PAGGI,MARM&DEL BENEup Consulting Engineers & Lased Surveyors 56 Main Screen Pob$ ie,New York 12601 84$-471-7898 845-471-M5(F= August 23,2006 'town Board 'own of Wappinger P.O. Box 324 Wappingers Falls,Now York 12590 RECEIVED Attention: Hon,Joseph Ruggiero, Supervisor C AUG 2.3 2006 Reference: Wappinger Sewer Improvement Area No. 5 Cedar Hill Pump Station Replacement TOWN CLERK Dear Supervisor Ruggiero dt Board Members: Please be advised that three bids for the above referenced project were received, opened and read aloud by Chris Masterson,Town Clerk, on Wednesday,August 23rd,2006 at 10:58 a.m. The results of said bid were as follows: • Bert Ciccone, Inc._ S 167,825.00 • Sun Up Enterprises, Inc.: $ 187,464.00 grant Street ConsWction,Inc.: $274,000,00 We have reviewed the bids and find they are in proper format, it is the opinion of this office Haat the low bid is consistent and within the construction cost estimate that was Oven in the Map, Plan and Report,and we would recommend that the project be awarded to the low bidder Ocn Ciccone, Inc.in the bid amount of$167,825,00. Please feel free to contact this office if you have questions or comments on this martter, 7Vveryyours, . aggi,Jr.,P.E. JEP:law cc: Town Board: File Hon.John C. Masterson Albert P.Roberts,Esq, Michael Ttomper,Camo Pollution Control Sun Up Enterprise, Inc. Grant Street Construction, Inc. Joseph L Poo,Jr.,P.E. Frrt%t Mwde,Jr.,PY.,E S GhAa R.)Del Dene,j:,EE, 98/23/2096 13:02 8454710995 PAGG1 MARTIN DELIENE PAGE 01 PAGGI,MARTIN&DEL BENE L.r Consulting Engin"r; & Land Sufteyora 56 Main Sheer Poughkeepsie,New York 12WI 845-471-789$ 845-471-M5 TWO August 23,2006 Town Board Town of Wappia m P.O. Box 324 Wappingers Palls,New York 12590 RECEIVED Attention: Hon,Joseph Ruggicro, Supervisor AUG 2 3 2006 Ref+erertce: Wappinger Sewer Improvement Area No. 5 TOWN Cedar Hill Pump Station Replacement CLERK Dear Supervisor Ruggiero&Board Members. Please be advised that three bids for the above referenced project were received,opened and read aloud by Chris Mastersvn, Town Clerk,on Wednesday,August 23`a,2006 at 10:58 a•M, The results of said bid were as follows: • Ben Ciccone, Inc.: S 167,825,00 • Sun Up Enterprises, Inc.: S 187,464.00 # Grant Street Construction,Inc.: S 274,000.00 We have reviewed the bias and find they are in proper fomlat. It is the opinion of this office that the low bid is consistent and within the construction cost estimate that was given in the Map, Plan and Report,and we would recommend that the project be awarded to the low badder Ben Ciccone, Inc. in the bid amount of$167,825.00, Please feel fm to contact this office if you have questions or comments on this matter. Very y yon, r septi E, aggi,Jr., P.E. JEP:law cc: Town Board, Pile Han. John C. Mastomon Albert P. Roberts, Esq. Michael Tremper,Camo Pollution Control Sun Up Enterprises, Inc. Grant Street Construction, Inc. �seph E.rw,,Jr.,P.E. Fann Mimn,Jr.,RE,I.S. Chula R,Dd Sent,Jr.,P.E. 20061-122 Resolution Confirming the Emergency Executive Order for the Replacement of the Sewer Pump on Cedar Hill 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 Fork, on April 24,. 2006, The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present:. PRESENT: Supervisor - Joseph Ruggiero Councilmeinbers - Robert L. Valdati Vincent F. Bettina I Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, the Town of Wappinger owns and operates a sewer pump station on Cedar Hill Road; and. WHEREAS, the sewer pump station on Cedar Hill Read malfunctioned and is inoperable at this time; and WHEREAS, it has been determined by the Town Engineer and Camo Pollution Control, Inc. that it is not cost effective to repair this pump station and its mechanisms; and WHEREAS, it has been recommended to the Town by the Town Engineer and Camo Pollution Control, Inc. that it would be more cast effective and productive to replace the unit rather than to undertake interim repairs; and WHEREAS, the malfunctioning of the pump station presents hazards and dangers to the public health, safety and welfare of the citizens of the Town of Wappinger; and WHEREAS, measures must be immediately undertaken to cure the hazardous and dangerous condition that exist as a result of the malfunctioning of the sewer pump station. NOW, THERE,FORE, BE 1T" RESOLVED, as follows: I. 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 an emergency condition exists regarding the malfunctioning sewer pump station on Cedar Hill Road and that such condition is an immediate hazard and danger to the public health, safety and welfare of the citizens of the Town of Wappinger. 3. The Town Board hereby confirms, ratifies and adopts the actions of the ,Supervisor, Joseph Ruggiero, in issuing the Executive Order attached hereto, which authorized immediate action to replace the sewer purnp station and appurtenances thereto located on.Cedar Hill Road. 4. The following Town officers and/or employees and/or professionals are hereby directed PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) January 19, 2001 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance O. Smith, Supervisor Reference: McCarthy Driveway/Cedar Hill Road Dear Supervisor Smith & Board Members: As requested, we have made a survey of the above referenced area, and have designed driveway modifications to the McCarthy property that will allow for a more gentle access to their property. I had previously submitted a sketch to the Engineer that Ms. McCarthy has retained, and they had approved our drawings subject to some minor modifications. I have altered our sketch to include these minor modifications and am now submitting the same to Graham Foster, Highway Superintendent. If there are any questions or comments, please do not hesitate to contact this office. Z my yours, E. Paggi, Jr., P. JEP:Iaw Enclosure: Sketch Plan cc: Hon. Vincent Bettina, Councilman w/enclosure Hon. Joseph Paoloni, Councilman w/enclosure Hon. Joseph Ruggiero, Councilman w/enclosure Hon. Robert Valdati, Councilman w/enclosure Hon. Gloria Morse w/enclosure HECEIVE - Hon. Graham Foster w/enclosure Albert P. Roberts, Esq. w/enclosure JAN 2 20 John Andrews, P.E. w/enclosure �'LAINE SNOW TOWN Joseph E,Paggi,Jr.,P.E. Ernst Martin,Jr.,RE,L.S. Charles R.bel bene,Jr.,PE. MEMO TO: Town Board, Town of Wappin er g 4, FROM: Jay Paggi, Graham Foster and Al � '/ Robertsrts �2�L � I ► DATE: October 25, 2000 ��9s �� 9 RE: Claim of Joan McCarthy, 402 Cedar Hill Road and June and Rudy Bleakley, 400 Cedar Hill Road 9 As authorized, on October 24, 2000, Jay, Graham and l mei with Joan McCarthy at her residence on 402 Cedar Hill Road. Also in attendance was her neighbor, June Bleakley of 400 Cedar Hill Road as well as John Andrews, Engineer. If you recall, Graham had eliminated a vertical curve in Cedar Hill Road at a point where the McCarthy and Bleakley driveways entered onto Cedar Hill Road. To eliminate the vertical curve, Graham had filled in road frontage given to the Town in connection with the Nurzia Subdivision. By elimination of the vertical curve, the new road is some ten to eleven feet lower. In order to provide access to the McCarthy residence; an "S" shaped access was created by Graham's department. This resulted in two ninety degree turns. Ms. McCarthy strenuously objected to this means of access because of the already existing steep grade to her driveway. She was concerned that delivery trucks (particularly fuel oil) and emergency vehicles would have difficulty getting to her home. Mrs. Bleakley had similar concerns regarding the access to her driveway. The Bleakley driveway is extremely steep and requires different considerations. All present concurred that the reconfiguration of the road was needed. However, it was also conceded that the access points to the McCarthy and Bleakley residences would have to be reconfigured. / 80 . I While Jay and John generally agreed on a proposed solution, survey and topographical work would be needed to properly engineer the new driveway access . points. Accordingly, Jay's office must be authorized to do the necessary survey work 1 and design work in order to reconfigure the driveway. Also, Ms. McCarthy and the Bleakleys would be required to give the Town temporary easements so that the Town could effectuate any necessary work. instructed Ms. McCarthy to file Notices of Claim against the Town for Change of Grade. This would permit the Town to enter into a Settlement Agreement to resolve the issue. Respectfully submitted, Graham Foster, Highway Superintendent oseph E. Paggi, Sr., Engineer to Town Albert P. Roberts, Attorney to Town - � TOWN OF WAPPIN GER wr►�>IrN�fia�rlr OM-IAM FOSTER (9141297-051 •hz� r SUPERIN1TWENT OF HKV4YW" RECEIVED P.O.BOX 324 VIWPPUVC3EFIS FALLS,N.Y.MEMORANDUM SEP 2 1 2000 ELAINESNOWDEN TO: Town Board '101VN CLEIRK FROM: Graham Foster SUBJECT: Road hnprovements-Cedar Hill Road DATE: September 21,2000 I received the attached letter from Ms.Joan McCarthy,expressing her concerns regarding how her driveway and her neighbor's driveway would be tied into the new mad. In my meetings with Ms. McCarthy,before and after my receipt of her letter,we were unable to agree on a resolution of her concerns. Ms. McCarthy's follow-up letter was a result of my discovery that she was not receiving her mail as a result of our read work. The temporary mailboxes were installed immediately. To resolve this issue,I would like the Board's permission to have Al Rous set up a meeting between Al,Jay, Ms. McCarthy,the Bleakley's and myself. This meeting should be done ASAP so that the work can be completed before winter. cc: Ms.McCarthy-402 Cedar Hill Road Mr. &Mrs.Bleakley-400 Cedar Hill Road i 402 Cedar Hill Road Fishkill,NY 12524 September 8, 2000 Graham Foster Superintendent of Highways Town of Wappinger P.Q. Box 324 Wappingers Falls,NY 12590 Dear Mr. Foster: I am writing to you regarding the effect which the straightening of Cedar Dill Road will have on mY driveway. I appreciate the concern which you have shown me and your attempts to come up with a plan which will give me safe and manageable ingress and egress from my home to the street. Nevertheless,there are several issues which are troubling me and which I think must be addressed before the work proceeds any further, I. The configuration of the bottom of my driveway both where it meets the road and my existing driveway, so that cars and trucks, including emergency vehicles, oil trucks,large delivery trucks, trucks for septic repairs, etc. can easily access my home, 2. The configuration of the bottom of my driveway so that a car or truck, as described in 1, can enter or leave my property from the south as well as from the north. 3. The need for an esthetically pleasing barrier so that a vehicle will not slide off the driveway and wind up falling several feet into the new road. 4. The Placing of my driveway and that of my neighbors to the north,the Bleakleys, so that we retain Hagg driveways. The Bleakleys join me in this and in all of the following concerns. The straightening of the road cannot burden me and the BleakIM with a shared driveway, and the resulting diminution in the value of our properties. 5. The placing of the 2 driveways so that they are not so close that they are, practically speaking, one. 6. The need for you to know where our present property boundaries are, so that you can take this into consideration when you connect us to the new road. You probably need a surveyor's input before any final plan is made. 7. The question of ownership of the old road after the work is completed. Is it to be deeded to me? To the Bleakeys? How will you decide who gets what part of it, and how will that conform to our existing deeds? If it is not to be deeded to us,is the Town going to continue to maintain it? What portion of it, if any, do either of us own already through our deeds? There may be other issues,but these come immediately to mind. The Bleakleys join in my request that we meet with you and the Town engineer and the Town attorney to address these concerns. The engineer with whom I have consulted suggests that the meeting be held in the driveway, so that everyone can see the difficulties. Thank you for your anticipated cooperation. You can reach me at 486-2228 during the day or I 8968525 in the evening. � II Joan McCarthy cc.: Al Roberts John Andrews 402 Cedar Hill Road Fishkill,NY 12524 September 11, 2000 Graham Foster Superintendent of lEghways Town of Wappinger P.O. Box 324 Wappingers Falls,NY 12590 Dear Mr. Foster: This is to confirm our telephone conversation today. You may set up a temporary mailbox for me so that I can receive mail,which I have been unable to do. Its location will be temporary, pending the resolution of the problems outlined in my September 8, 2000 letter. I trust that we can arrange a meeting next week as requested in my September 8,2000 letter to address those problems, which are of great concern to me, Thank you for your quick response to my letter, ely, an C VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914) 298-2000 GERALD A,'VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POI GHXEET IE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 MARIA J.GRECO (914)452-1046 *ADMITTED TO PRACTICE ADDRESS REPLY TO:( )POUGHIC2EPSIE IN NY&FLA. i )wAPP1NOERs x*ADMITTED TO PRACTICE IN NY&CONN. February 17, 2000 Town Board Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 Attn: Hon. Elaine Snowden Town Clerk Re: Nurzia Subdivision Our File No.12949.0202 1 enclose herewith original deed, TP-584 and RP 5217. The deed transfers a small parcel of road frontage along Cedar Hill Road to the Town of Wappinger. This transfer was required by virtue of a subdivision approved by the Planning Board. Please place this on the next Town Board agenda for acceptance by the Town. Very truly yours, Vergilis, Stenger, Roberts & Pergament � ALBLfRT P. ROBERTS APR/es cc w/o encls.: Hon. Constance O. Smith, Supervisor, Hon. Vincent Bettina, Hon. Joseph Ruggiero, Hon. Robert Valdati, Hon. Joseph P. Paolini, Graham Foster cc w/copy of deed: Joseph E. Paggi, Jr. --4AI) ro Cs. t UJC, C\Y- �A s CA C,\ C�v cd le, Uj 1 y ' CA ve CA, JI ) TOWN OF WAPPINGER • . (914) 297-9451 SUPERINTENDENT • GRAHAM FOSTER .,I_T SUPERINTENDENT OF HIGHWAYS P.O. BOX 324 WAPPINGERS FALLS, N.Y. 12590 MEMORANDUM TO: Town Board FROM: Graham Foster SUBJECT: Holmes Letter 360 Cedar Hill Road DATE: November 12, 1999 The above referenced letter asked that we look at the site and install three signs,due to speeding on Cedar Hill Road. I visited the site on November 8, 1999. • A car approaching this driveway from the west, anticipating a left turn into the driveway,will have a problem seeing oncoming traffic. However,just prior to making the turn,the site distance does improve and a left turn can be made safely. The"Slow Children and Bus Stop"signs are on a straight stretch of road and not needed. 0 Exiting the driveway does have adequate site distance to the east,but site distance to the west is reduced by the pine trees that are on the Holmes' property. When I mentioned the pine trees to Mr. Holmes,he felt they were not a problem and expressed his insistence that the three signs were needed. My feelings are,the only thing needed is to trim the pine trees which are on private property,and encourage Mr. &Mrs. Holmes not to back into Cedar Hill Road. They do have room in their driveway to turn around. I also asked Mr. Homes if he minded if the Town Patrol set up radar in his driveway,to which he agreed. We are well aware of the excessive speed on this road,but it can't be controlled with caution signs. If the drivers refuse to honor a speed zone sign,a caution sign is a waste of money. I think a radar unit in the Holmes' driveway,would result in catching same of the offenders,and improve the safety on this road. cc: Al Roberts /� WOOD & KLARL ATTORNEYS AT LAW 153 ALBANY POST ROAD BUCHANAN, NEW YORK 10511 TELEPHONE (914) 736-0144 THOMAS F WOOD FAX (914) 736-9082 DUTCHESS OFFICE JOHN J. KLARL ROUTE 52 FISHKILL,NY 12524 JENI SCHUTRICK BY APPT ONLY Legal Assistant Counsel MILTON BENSKY May 19, 1989 Albert P. Roberts,'Esq. Crane, Wolfson, Roberts & Greller ll Market Street Poughkeepsie, New York 12601 Re: Montfort, John - Cedar Hill Road,Town of Wappinger Dear Mr. Roberts: At their Town Board meeting in May, 1989, the Town Board of the Town of Wappinger accepted Mr: Montfort's gift of property located on Cedar Hill Raod in the Town of Wappinger for the purpose of road widening The Town Board accepts this'gift and acknowledges the value of the gift at $24,500.00 for the appraisal which has been received by the Town and approved and reviewed by the Town Assessor. It is my,understanding that the Town Clerk will be forwarding a formal letter of acceptance to you per the direction of the Town Board Aam enclosing a voucher made out in your name for the sum6f.'$250.00 for legal services performed for John Montfort in conveyance of this property to the Town of Wappinger: If you sign this voucher and return it to me I will authorize the Comptroller to make payment to you in the sum of $250.00 as per your letter. Thank you for your cooperation in this matter. If there are any questions, please do not hesitate to contact me.. Very truly yours, 3 - { THOMAS F. WOOD TFW:js I Enclosure CC: Elaine Snowden, Town Clerk TOWN OF WAPPINGER SUPERINTENDENT KENNETH'T. CRCSHIER (914) 297-9451 SUPERNTENDENT of HIGHWAYS 20 OLD ROUTE 9 WAPP LAGERS FALLS, 11A.Y, March 16, 1989 Mrs . Elaine Snowden Town Clerk 'T'own of Wappinger 20 Middlebush Road P .O o Box :324 Wappingers Falls , New York Dear Maine:. I, have looked over the papers I recieved from Mr u Roberts concerning the property of John Montfort on Cedar Hill Road. I recommend that the Town accept the property and I also agree with the appraisal, I did say we would pay the attorney fees if this was legal. Very truly yours , Kenneth Croshier Highway Superintendent KC :pin PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-4-71-7 898 RECEWCU 41AR 15 1989 March 9 , 1989 ELAINE H- SNOWDEN 7'Own Cie(* -,\Ifrs . Ela' ne Snowden I L � Town Clerk Town of Wappinger Box 324 20 Middlebush Road Wappingers Falls , New York 12590 Reference : Montfort, John Cedar Hill Road Dear Mrs . Snowden: I am in receipt of a description from John Montfort regarding the parcel he would like to dedicate to the Town of Wappinger and have reviewed the metes and bounds descriptions and find it accurate . If you are in need of further information, please do not hesitate to contact me in this matter. Very truly yours , icseph E. Pagg-L , Jr. , P. E-1. JEP : hs cc : Tom Wood, Esquire 87-003-122 Ci n e" iffy ii � Joseph F.Paggijr., Ernst M 3 T-T ill,j r., 1'.E I S CRANE WOLFSON ROBERTS & GRELLER ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET POUGHKEEPSIE, NEW YORK 12001 (914) 454-2200 FAX: 914-454-0612 WILLIAM G. CRANE 90 EAST MAIN STREET CARL S. WOIXSON WAPPINGER FALLS,NEW YORE 12690 ALBERT P. ROBERTS — STEPHEN L. GRELLER (e14)ae�-2aao MARK 1. REISMAN JOSEPH A. EOITTO STACY P. PARSONS March 3, 1989 Ms. Elaine Snowden, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 RE: MONTFORT, JOHN - CEDAR HILL ROAD OUR FILE NO. 8079-B (DEDICATION TO TOWN) Dear Elaine: With regard to the above captioned matter, enclosed please find a copy of the deed to be conveyed to the Town of Wappinger for your review. Ver truly yours, r� Albert P . Roberts APR/dt Enc. CC: Joseph Paggi w/ copy of enclosure CRANE WOLFSON ROBERTS & GRELLER RECEIVED ATTORNEYS AND COUWSELI.ORS AT LAW 11 MARKET STREET MAN 3 1989 POUGHKEEPSIE, NSW YORK 12001 ELAINE H. SNOWDEN (914 454-2200 Town Clerk FAX: 9k4-454-(3812 " WILLIAM G. CRANE 90 EAST MAIN STREET CARL S. WOLFSON WAPPINOER FALLS,NEW YORK 12690 -&L EHT P. ROSERTS STEPHEN L. GRELLER (914)297-WJ80 MARK I. REISMAN .IOSEPIi A. EGITTO STACY P. PARSONS March 1 , 1989 RECEIVED Wood & Klarl 153 Albany Post Road MAR 31989 Buchanan, New York 10 511 ELAINE H. ,SN0WREN ATTENTION: THOMAS F. WOOD, ESQ. Town [ler RE: MONTFORT, JOHN CEDAR HILL ROAD, WAPPINGERS FALLS, NY Dear Tom: Regarding the above referenced matter, I enclose herewith photocopy of appraisal made by EMCO Real Property Services , together with original deed, capital gains tax affidavit, and equalization and assessment form. The enclosed documents are forwarded to you to be held in escrow pending a resolution of the Town Board accepting the subject premises as a gift for road widening purposes, acknowledgina the value of the gift as $24 ,500 .00 , as per the appraisal, and subject to the condition that the Town will undertake "the placing of guard rails along the common property line" as per discussions between John Montfort and Kenneth Croshier, the Town Highway Superintendent. It was also my understanding that the Town was to pay my fees in representing Mr. Montfort in this matter, which will be in the sum of $250 .00 . If there are any questions, please do not hesitate to contact me. Very truly yours, Albert P. Roberts APR/dt Encs, cc: John Montfort Elaine Snowden, Town Clerk Kenneth Croshier, Town Highway Superintendent r r c� 3hi2j CRANE WOLFSoN RoBET?TS & GRELLER EIVED " ATTORNEYS AND COUNSELLORS AT LAW r c,. 1 11. MARKET STREET PO JGHKE,EP.SIE, NEW YORK 124301 E H. SNOWOC-N (914) 454-2200 FAX: 9.14-454-6012 WILLIAM G. CRANE 90 EAST MAIN STREET CARL S. WOLFSON WAFFIIIINGER FALLS,NEW YORK 12590 ALBERT P. ROBERTS STEPHEN L. GRELLER (014)297-2080 MARK I. REI..SMAN JOSEPH A. EGITTO STACY P. PARSONS February 2 , 1.989 Mrs . Elaine Snowden Town Clergy Town, of Wa.ppinger 20 P iddlebush. Road. Wappingers Falls, New York: 12580 RE: N6ONTFOR.T, JCI - CEDAR HILL ROAD (EASEMENT TO TOWN) OUR. FILE NO. 8079--E Dear Elaine: Please be advised that John Montfort has executed a deed in favor of the Town of Wappinger covering a certain portion of his premises along Cedar Hill Read in the Town. For tax purposes, We are having the property appraised and would request that the Town Board accept this property as a donation to the Town and thatan. appropriate resolution of acceptance he contained Within the Town Board ' s minutes . I Will provide you With an appraisal of the property as scan as sante is received.. Very truly yours, Albert R. Roberts RR/dt cc: Joseph E. Ra.gg°i., Jr. Kenneth. Crosh er Thomas Wood, Esq. Jahn Montfort u�a t CRANIE WOLFSoN RODERTS & GRIELLER ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET POU01-1KEEPSIE, NEW YORK 12,301 (914) 454-e2OO WILLIAM Cr. CRANE 90 EAST MAIN STREET CARL S. WOLFSON wArPINGEH.VALLS,NEW YORK 12590 ALBERT P. R015ERTS (914)297-2-680 STEPHEN L. GRELLER MARK I. REISMAN JOSEPH A. EGITTO June 1 , 1989 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 ATTENTION: IRENE PAINO, TOWN SUPERVISOR RE : MONTFORT, JOHN - CEDAR HILL ROAD PROPERTY OUR FILE NO. 8079-B Dear Irene: As you know, I represent Mr. John Montfort of Cedar Hill Road, Wappingers Falls . Mr. Montfort was apparently contacted by Mr . Kenneth Croshier, Highway Superintendent for the Town of Wa�"Dpinger, who requested that Mr. Montfort relinquish to the Town a certain portion of his frontage on Cedar Hill Road for highway improvements . Mr. Montfort agrees in principal to transfer the needed land, however, reserves final approval until such time as a survey map is displayed showing the exact amount of property to be relinquished and the improvements to be made by the Town. Additionally, Mr. Montfort will require that the property be fenced along the common boundary at the Town ' s expense. All other charges incurred by Mr. Montfort , including engineering fees and legal fees , will be paid for by the Town. Please have the Town Engineer prepare the necessary maps and legal description and forward same to my office for review with Mr. Montfort. If I can be of further assistance in this matter, please do not hesitate to contact me. Ve-21-y truly yours , Albert- P." Roberts APR/dt cc: John Montfort IN 0 6, `33) 71'NiN OF ',`1APP!,,NGER PAJGI LCMRIN LIEUTE r°�i W Consulting Engln�ers & Land Surveyors 54:,56 Main Street UGHKEE�PSIE, NEW YORK 12601 � DATE JOB NO. {914} 471-7898 10/8/87 8 7-O O 3 ��C/ .� ATTENTION f TO " Irene Paino Irene Paino RE: P .O. Box 324 -._-. ------ - Cedar Hill Road Wappingers Falls , New York 12590 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 2 10/8/87 Survey Map of Cedar Hill Road Taking Monfort/Town of Wappinger 2 10/8/87 Descriptions of 0 . 461± Acre Parcel Town of Wappinger Dutchess County, New York THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR SIDS DUE 9 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS I-' � T X19811 COPY TO SIGNED: If enclosures are not as noted,kindly notify us at once. Ernst Martin Jr. ,P.E. ,L.S . i - To: The Town of Wappinger 0, 461± Acre Parcel Town of Wappinger From: John Montfort Dutchess� County, New York Beginning at a point said point being the northeast corner of Lands now or formerly Nathan & Angel, Liber 1286, Page 483 , said point also being on the southerly line of Cedar Hill Road; thence leaving said northeast corner and running along said southerly road line the following courses and distances : North 54° 34 ' 10" East 152 . 86 feet, North 530 20 ' 40" East 184 . 00 feet, North 76° 03 ' 30" East 230. 50 feet, and North 650 56 ' 20" East 152. 09 feet; thence leaving said southerly road line and running through Lands of Montfort, Liber .1542, Page 243 , the following courses and distances : South 60° 45 ' 00" West 83 . 00 feet, South 630 10 ' 30" West 511 . 69 feet, and South 67° 09 ' 00" West 114. 71 feet to the point of beginning containing 0. 461± Acres of Land. Paggi & Martin October 7, 1987 � 291 Standard 1sale deed, Farm 8007 DATE �uuus a�uMee/C�i yry�l.A1VK Puausr•eRs 'f aergeio&sale deed,with covenant agauist grantor's RCLZER I © fib••//o))/1 .. _ f.r CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the IY� day of nineteen hundred and eighty-eight BETWEEN JOHN MONTFORT, whose address for the purposes of this agreement shall be c/o Montfort Brothers, Inc. , Elm Street, Dutchess County, Fishkill, N.Y, 12524 party of the first part,and TOWN OF WAPPiNGER, a municipal Corporation, duly formed under the haws of the State of New York, with its principal place of business at Middlebush Road, Wappingers Falls, New York, 12590, party of the second part, WITNESSETH,that the party of the fust part,in consideration of ------------------------- ---------------ONE ------------------------------------ -ONE ($1.00)----------------------------------- dollars, actual consideration, Iawful money of the United States, paid by the parry of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New -York, more particularly bounded and described as follows: Beginning at a point said point being the northeast corner of lands now or formerly Nathan & Angel, Liber 1286, Page 483, said point also being on the southerly line of Cedar Hill Road; thence leaving said northeast corner and running along said southerly road line the following courses and distances: North 54° 34' 10" East 152.86 feet, North 530 20' 40" East 184.00 feet, North 760 031 30" East 230.50 feet, and North 65° 56' 20" East 152.09feet; thence leaving said southerly road line and running through Lands of Montfort, Liber 1542, Page 243, the following courses and dis- tances: South 601 45' 00 West 83.00 feet, South 63" 10' 30" West 511.69 feet, and South 670 09' 00" West 114.71 feet to the point of beginning containing 0.4611 Acres of Land. RECEIVED DUTCHESS COUNTY CLERK'S for '' ["'s o s--_'—� RECEIVEDRN THE 2L' e t REAL ESTATE AT E DA `; �6T r �Z REm'�fl � rW� ; 6` MAY 2 1989 BOOK1�.�.-3s�oF_...�.m��J - / r , U1 TRANSFER T AT PAGE 6 }���t Q DIACHE O EXAMfNED � � ,—i o avHry 4<4 Affwytt Fled $1 STATE OF NEW 11IORK, COUNTY OF DUTCHESS ss: STATE OF NEW YORK, COUNTY OF — 664 ss: On the /� f day of 146 8 ,before me On the day of 19 before me personally came personally came JOHN MONTFORT UBER1835nu 664 to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. Notary Public ALBERT P.ROBERTS NOTARY PUBLIC;State of 3Vew York STATE OF NEW Ycg jVA O chess County f.d ss: STATE OF NEW YORK,COUNTY OF sas Alf Feb-28,19 On the day of 19 before me On the day of 19 before the personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly S sworn, did depose and say that he resides at No. that he is the ' of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal'affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same-and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto, 0argain aub grate ]Deeb SECTION WITH COVENANT AGAINST Gnexroa's ACTS BLOCK TnTLE No.' LOT COUNTY oR TOWN Dutchess/wappinger JOHN MONTFORT TO TOWN OF WAPPINGER \> RETURN BY MAIL TO: Town Clerk �/T', Elaine Snowden 20 Middlebush Road Wappingers Falls, New York 12590 f� zip No. 0 m 4 b `o u v a 0 u N O v. V V y ac V T a. V A V TOGETHER with all right,title and interest,if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the parry of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby-the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: -rrr MONTFOPTU _ 663 wERIU35PAcE F63 C DEED Y .Y. — ovenant,lgai-t Grant FORM .i87� N � - rura�w Nx G— o ORR 4 Otate of New Vark fllnunttd of Recorded on the day Made the 13th day of November of 1. D„ 19 at { o'clock FYI. in liber Xineteen Hundred and eighty' four of DEEDS at pale and examined. J9rtWtPtt W. CECIL_ JOHNSTON and MARIAN C. JOHNSTON, husband and wife Clerk residing at Cedar Hill Road, Wappingers Falls, Dutchess County, New York i i t part of the forst part, and TOWN OF WAPPINGER., A Municipal Corporation hawing its principal place of business situate in the Town of Wappinger, Dutchess County, New York unearthparty of the second part, that the part of the first part,in consideration of One and OOf100------------- ------------ ---_--- --Dollar 1.0o ) lawful money of the United States, actual consideration paid by the part y of the second part, do . hereby Brant and release unto the part y of the second part, its successor and assigns forever, all that parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at a point in the centerline of Cedar Hill Road, said point marking the Northwest corner of the herein described parcel and the Easterly line of lands now or formerly of Montfort (Liber 1542, Page 243) , running thence Northeasterly along the centerline of said Cedar Hill Road North 73 degrees 34 minutes 10 seconds East 250,00 feet to a point marking the Northeast corner of the herein described parcel, running thence Southerly along the Easterly line of the herein described parcel and the Westerly line of lands now or formerly Sopchak (Liber 931, Page 247) , South 07 degrees 00 minutes OO seconds East 25.34 feet to a point marking the Southeast corner of the herein described parcel, running thence Southwesterly along the Southerly line of the herein described parcel and through lands of the grantor herein South 73 degrees 34 minutes 10 seconds West 250.04 feet to a point marking the Southwesterly corner of the herein described parcel and the Easterly line of the aforementioned Montfort, running thence Northerly along the same North 06 degrees 53 minutes 50 seconds West 25.35 feet to the point or place of beginning. Containing 0.14 acres of land, more or less. A SUBJECT to the irghts of public utilities and or easements of record, if any. it rIVSTA7) OUTCHESS COUNTY CLERK'S OFFICE- D ,-: RECf WED ON THEA—DAY OF�1 A -� t v REAL ~' E RECORDED tR C DEC-- 4'19$4 (J BOOK No. b OF EEO �7 A d !1t PAGE AND EXAMINED TiRANSFE-R TAX p DUTCH'ES �� /C•/J CLERK _ Affidmrit X126 .1 1jjkgtt4rr with the appurtenances and all the estate and rights of the parties of the first part in and to said premises, go mane and to bulb the premises herein granted unto the party of the second part, . its successors and assigns forever. And the parties of the first part covenant that the y have not done or suffered anything whereby the said premises have been encumbered in any wand whatever. And That, in Compliance with See. -13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. 3n 3F{tnesv 94prtof, the part ies of the first part have hereunto set their hand s and seal s the day and year first above written. ju reseufe of _ W. Cecil J6hnston Marian C. o n� W �- 6taie of ItiTrut Vvrk (Qvunf of DUTCHESS On this 13th day of November g $�' Alneteen Hundred and eighty four before me, the subscriber, personally appeared W. Cecil Johnston and Marian C. Johnston to me personally known and known to me to be the same persons described in and who executed the within Instrument, and they acknowledged to me that they executed the same. a otar Public son W"ft.Ivrs t-A'A Q r / }C-4 \ \ l 4 cn \ \ \ e \ \ \ � ^ \ m i i � y � , \ « uepdrelRenu UL Taxation and Finance REAL PROPERTY TRANSFER GAINS TAX AFFIDAVIT STATE OF NEIL YORK ) COUNTY OF DUTCHESS ) ss: XX(We) W. Cecil Johnston and Marian C.' Johnston , being auly sworn, -depose(s) and says un er penalty of perjury that thaxxs) (they are) the transfercr (s) of real property located at Cedar Hill Road , Wa in�er , Street Town New York; that property has been, or is being transferred to Town of Wappinger for a consideration of One o Mar ; that it is true to the knowledge of the affiant (s) that such real property is exempt from the Tax on Gains Derived From Certain Real Property Transfers imposed by Article 31-B of the Tax Law by reason that: (Check Appropriate Box) 1. ( X) the transfer is a transfer of real property where the consideration is less than five hundred thousand dollars and which is neither (A) pursuant to a cooperative or condominium plan, nor (B) a partial or successive transfer pursuant to an agreement or .plan to effectuate by partial or successive transfers a transfer which would otherwise be included in the coverage of Article thirty-one-B of the Tax Law. 2 . ( ) the transfer r.)f real prcoerty consists of premises whall,, occupied and used by the transferor exclusively as his residence, including a cooperative apartment or condominium occupied by the transferor exclusively as a residence. (See footnote) 61 1 Tra- nsrero s Signature Transferor ' s Sociai' Security 'No . � W. Cecil Johnston or Federal Employer IdcntiEication _ No . I anszaror'sSic;nat=ure � . J _ �< E, Ma.L iari C . Johnston Subscrilced and sworn before me this 13th day of November 1984 . NOTARY-/ PUBLIC fes! 14JAMIN P.ROOSA,JR. f Wowy Pub0c,Stab at NOW Yank COU� OF DUTCHESScOLWOW In DL&hm county STAtE OF NEW YORK CmrMnmOm ExWns March 30, 19a I 'These statements are made with the knowledge that a willfully false representation is unlawful and is punishable as the crime of perjury under Artic::e 210 of c.i3e Penal Law. This Affidavit must be filed with the recording officer of the county wherein the real property transferred is located. *If only part of the premises was actually occupied -and used for residential purnoses , Form TP-580 , New York State Real Property Transfer Gains Tax, Questionnaire Transferor and Form TP-581 , New York State Real Property I Transfer Gains Tax, Questionnaire - Transferee, must be completed. See instructions, Forst TP-580-I and TP--581-I . A 291 Standard NA.B.T.U.Form 8007 JULIUS BLUMBERG,INC.,LAW BLANK PUSLISH—S Bargain&sale deed,with covenant Against grantor's acts—Ind.or Corp. 80 EXCHANGE PL.AT BROADWAI,N,Y.C.10004 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of nineteen hundred andeighty seven BETWEEN DAVID H. REDFIELD and BETTY J. REDFIELD Cedar Hill Road Wappinger Falls, NY 812590 Part y of the first part,and TOWN OF WAPPINGER, a Municipal Corporation of the State of New York party of the second part, WITNESSETH,that the party of the first part,in consideration of . . . . . . . TEN . . . ($10.00l . . . . . . . . dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, - r,,a rl c ­q gf-,j,-Q f The following is intended to describe the road right of way through lands of Redfield to accommodate Cedar Hill Road: BEGINNING at a point in the center of Cedar Hill Road, said point being the Northeast corner of lands of Redfield; thence along the centerline of Cedar Hill Road the following 9 courses: S 060 441 - 00"" E 98.15 ft. S 040 321 - 00" E 64.21 ft. fi S 010 10 ' - 00" E 63.42 ft. S 120 47' - 00" W 43.36 ft. S 270 261 - 00" W 21.76 ft. S 540 161 - 00" W 59.65 ft. S 700 23' - 00" W 72.81 ft. S 730 231 - 00" W 250.00 ft. S 670 55,' - 51" W 363.49 ft. to a point; thence N 070 - 01" W 25.89 ft. , to a point; thence through lands of Redfield and on a line parallel with and 25 ft. North and West of the centerline of Cedar Hill Road the following 9 courses: N 670 - 55' - 51" E 357.96 ft. N 730 - 23' - 00" E 251.68 ft. N 700 - 231 - 00" E 68.62 ft. N 540 - 161 - 00" E 50.15 ft. N 27" - 26 ' - 00" E 12.58 ft. N 120 - 47' - 00" E 37.09 ft. N 010 - 10' - 00" W 59.63 ft. N 040 - 32' - 00" W 63.00 ft. N 060 - 44 ' - 00" W 92.22 ft. 1 7 77 7 1'N' PP,-E 7 z . to a point; thence N 700 - 58 ' E 25.59 £t. to the point or place of beginning. Containing 0.583 acres, more or less. BEING a portion of the lands conveyed by Henry and Geraldine Mosher to David H. Redfield and Betty J. Redfield by Deed dated April 8, 1953 and filed in the Dutchess County Clerk's Office in Liber 827 of Deeds at page 579. TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. S, Affidavit Ncld $1 14and£w�u'Ti�Y'�cc, daivr �tt«t'a hc�t e�;.t. Fur T � 19874J'W8 bEl� t dfiim y t_.t t tl f 9 d,.'I;,N � DF, cz;; AT thrf:7 t - ttativlMED r AND the party of the first part covenants that the party of the first part has not done or suffered anything Whereby the said premises have been incumbered in any way whatever,except as aforesaid, AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid. eration as a trust fund to be applied first for the pua-Pose of paying the cost of the improvement and will apply 'lie same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS ESS HEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRFSFNcr or: David H. Redfield Betty J,i dfia7.d 07- 9 79or "�r STATE OF NEW YORK,COUNTY OF Dutchess ss: STATE OF NEW YORK,COw"7 It��'a 80 ss: On the �f"'day of O L010--r 19d' ,before me On the day of _- 19 ,before me personally came David H. Redfield personally came 080 and Betty J. Redfield to me known to be the.individuals described in and who to me known to be the individual described in and who cknowledged that executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and a they executed the same. - executed the same. ANNA PRATF NotarY Pubic, Str<'e of New YorK 47774+ PIo. 9 ges2dz,- ,g in Dlatchers Caen Gornmi55t6R EXN3 £ �C _ - STATE OF NEW YORK,COUNTY OF ss: STATE OF NEW YORK.COUNTY OF 19 ,before me On the day of 19 , before me On the day of personally came personally came the subscribing witness to the foregoing instrument, with to me known, who,being by me duly sworn, did depose and ,Whom I am personally acquainted, who, being by me duly say that he resides at No. sworn,did depose and say that he resides at No. that be is the that he knows of the corporation described to be the individual in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal'affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same;and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto, bargain anb l3ak �eebSECTION WITH COVE11-AGA-GRANTORes ACTS TITLE No. BLOCK LOT COUNTY OR TOWN TO RETURN BY MAIL TO: KENNEDY & BURKE P.O. Box 71 Rhinebeck, NY Zip No. 12572 d u O Q 4 O " V V a w 0 v q 'J 4 O 4. p A ,a M a Y O b