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Martin Rd. PAGGI,MAR T'IN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7998 845-471-0905(FAX) March 27, 2002 Town Supervisor Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 loO, Attention: Joseph Ruggiero Reference: Ralph 5antiamo/53 Martin Drive Dear Mr. Ruggiero: As requested, Mr. Foster and I made a field inspection of the above referenced site regarding drainage concerns. Our findings are as follows: 1 . The garage/lower floor elevation of the house is significantly lower than the road. 2. The backyard is also quite low and only marginally higher than the existing wet area to the west. 3. There is a 50' strip to the north that appears to have been a reserved right- of-way. Whether or not this right-of-way was actually deeded to the Town is unknown. I would recommend that a title search be done of this area to determine who owns it. In any event, there is only a minimal amount of runoff from this area that leads to the lot/house. 4. There are two (2) sections of curbs that will need to be replaced in the front of the property. Although it does not appear that an inordinate amount of water exits the Town road and enters the lot now, the replacement of these curbs will help. 5. In general, it appears that this house and lot is the lowest and/or one of lowest point in the subdivision and receives drainage from a fairly large tributary area. With this in mind, I think it safe to say the drainage problems being encountered are site related and not Town related. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr,,P.E.,L.S. Charles TEL Del Bene,Jr.,P.E. Mr. Joseph Ruggiero - 2- March 27, 2002 RE: Santiamol53 Martin Drive If there are any questions or comments, please do not hesitate to contact this office. Ver my yours, l � I Qbseph E. Paggi, Jr., P.E. J EP:law cc: Town Board: File Hon. Gloria Morse, Town Clerk Albert P. Roberts, Esq. P-(4 kx 1-96-ol (914 4,54-1760 October 18 , 1978 Elaine H. Snowden Town Clerk Town of Wappinger Town Hall, Mill Street Wappingers Falls , New York 12590 Re : Tompkins to the Town of Wappinger Dear Mrs . Snowden: Enclosed please find executed agreement in regard to the above-captioned matter. Kindly affix the seal of the Town of Wappinger, so that same may be recorded in the Dutchess County Clerk ' s office, and return to me. Very truly yours , ,TAMES E. COOMBS, THOMAS P. HALLEY TPH:cac Enc. AGETiENT made this day of. October, 1978, between TOT�N OF WAPPINGER (Town) a municipal- corporation with its office .at Mill Street, IrNappzngers Falls , New York, and THOMAS TOiAPK2NS . and. ALVAP-L V. TOMPKINS residing at 29 �lartin Drive, Wappingers Fads , New York (Grantors) . IN CONSIDERLTION of the Grantors conveyance to the Town of an easement to be used for the construction maintenance and repair of stoma and sanitary sewers , receipt of which is hereby acknowledged, the parties hereby agree that: 1. �- tq--T ot.;n—&-44=11 s � 2. The Town shall be liable for any damage to gees and shrubbery on the parcel owned by the Grantors, when such damage is the result. of the actions of itself, its agents , assigns and j employees . 3. The Town shahl allow the Grantors to make use of any excess soil, fill or the like, which is excavated during any . construction, maintenance or repair, and as not required to i restore the surface property to its original condition. 4. Grantors agree not to prevent or withhold Towns. agents, servants, or employees from having access to said ease- rent for the agreed. -upon purposes. IN WITNESS t rIEREOF, the parties .have hereun o set their 1 .hands on the day and year first above written: a �; .{9vaie.3eLL�ir �L - _ �p TOWN QWAPPNOER _ � 4 THOMAS TOMPRINP ALVARA V. IT024PKINS -{ 1 - - STATE OF NEW YORK } SS. . COUNTY OF DUTCIESS ) On the #1 ' day of October, 1978 , before .me personally camp u�S to me known, who., being by me duly sworn, did depose and say that he resides at-No. L� i ,that he is the -' �206 v�C of E -r � s . the znunlcipal corporation described an d tahich `executed the foregoing instruments that he knows £spa uy said,y' r raticn; that the seal :a-ff-xed to said - a t is such corporate seal; that it was so affixed. by tors of said .corporation, and that order of the hoard of direc he signed his name thereto b�_1ike order. 1 Notary Public WE R. ST4tW E9 L'CffiaCy Public stag iO# fi+WW ycrg lResiding i=! Dutchess cminty STATE OF NEB"d PORK ) Term expires Mrrc€t 30. 12 f li SS. COUNTY OF DUTCHESS ) On the f day of October, .1978, beofre me personally came THOhSAS TOMPKINS and ALVARA V. TO_MPKINS, to me known to be the individuals described in and who executed the foregoing instru- me.nt, and acknowledged that they executed the same_ Notary Public { `LAOMAS V. HALMY N13VWY i ubFIC,51ata of New T g auzlWed in Dutchess Caur5?y+ r7 6��rssissF.on ap ees moreh 3C3,I-@ � THOMAS P_ xAZ 4 LE Y , EL a� Asa c/o Tari_es E. Coombs, Esq. 1 P. O_ Box 910 94 Market Street, Poughkeepsie, New York 12602 f - 1 j 1 � T 691 Standard N.Y.B.T.U_Form 80-02:Bargain&sale deed, DATE CODE JULIUS BLUmBERG,INC.,LAW BLANK PUBLISHERS with covenant against grantar's acts—Ind.or Caro_!single street BO EXCHANGE PL.AT BROADWAY.N.Y.C.10004 /f T CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 22nd day of August . nineteen hundred and seventy-eight BETWEEN THOMAS. TOMPKINS and PLVARA TOMPKINS his wife, residing at artan rive, Wappingers Fa11s, New York party of the first part,and - HE TQUN U_ WA22_LNaEB.- a municipal' corporation, with its' office at Mill Street, Wappingers Falls, New York party of the second part WITNESSETH,that the party of the first part,in consideration of TW3RVRWs and other 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, easement over, thrmh anfd �nder that ALL that/certain piece or par el o and situated, lying and being in the Town of Wappinger, Dutchess County, New York,, which same is bounded and described as follows: BEGINNING at a point on the southerly right-of-way line of Martin Drive, said point being the northeast-corner: of lot No. 33 as shown on a certain map entitled "Mid-Point Park" and recorded in the Dutchess County Clerk's Office as Map No. 3332 and thence running southerly along the easterly line of said Lot No. 33 the following course and distance S 32' 23' 00" E 125.00 feet, thence through the lands of Tompkins the following courses and distances: S 17o 37' 00" W 55.00 feet, N 72' 23' 00" W_15.00 feet, N 17o 37' 00" E 48 feet, N 32' 23' 00" W 118.59 feet to a point said point being on the southerly line of Martin. Drive right-of-way, thence along the southerly line of Martin Drive right-of-way in an easterly direction said line being a curve. concave to the west with a radius of 200.00 feet and a length of 15.00 feet to the point or place of beginning. SAID easement shall be for the purpose of construction, maintenance, and repair of storm subterranean sewers and sanitary sewers, In the event that any excavation takes place, the Town shall regrade and reseed any area disturbed by such excavation. THIS grant is of an easement only. The party of the second part shall be liable for any damage to trees and shrubbery on the parcel owned.by the party of the first part, when such dara.age is the result of the actions of itself, its agents, assigns and employees. 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. 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 encumbered in any way whatever,except as aforesaid: ` AND the party of the first part,in compliance with Section 13 of the Lien Lain,covenants that the party of the first part 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. 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. V .�, IN PRESENCE OF: If J j T�S WILLI TO5KI 1490 AL.VARA V. TOMPKI S STATE OF NEW PORK, COUNTY OF DUTCHE � � ASS STATE OF NEW YORK, COUNTY OF DUTCHESS ss: On the i�a day of August 19 78,before me On the,:VjD day of Au�gti > =19 be#ore me person y came Thomas Tompkins personally came Aj_v, ra/V."Toripkin's to me known to be the individual described in and who to me known to be the individual desci,ibed'au aid who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and aclmoivledged that he. executed.the,same: she executed the same- 00, Notary Public Notary Tublc TH©?FAS �. iidtlEl� - THOMAS V. HAUEY ' .. .NoYcry Puhilec state of N-,-vork - -Hotary Puffl%,Slate of tdea Ybrtc o a[Ffiad ih Dutchess C—oly. Quuli#ieit fa®.0—C.,itiy. Commission Expires 3Ha;ch 30,_14 Commis,*n Expift$Avrch so,T9 �79 STATE OF NEW YORK,COUNTY OF ss: STATE OF NEW YORK, COUNTY OF sse On the day of 19 before me On the day of 19 before me -, personally came to me-known who being b P.personally came � �;` a y duly sworn,dad depose and, the subscribing witness to the;foregoing,instrument with say that he resides at No.' whom„I"am personally acquainted, w6,-,being by-me duly > : sworn "dad depose and say that he resides at-No.° that be ss the i of that he knows the corporation described in and which executed the foregoing instrument; that he to be theindividual 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- exoeute the same; and that he, said iwitness, tion, and that he signed h name thereto by.like order. at the same tinie subscribed name as witness thereto. j9argain anb bait �Dtzb sou tozv` WITH COVENANT AcAINsr GxanToxs ACTS BLOCK DTLF No. - LOT THOMAS TOMPKINS and 'ALVARA V. COUNTY OR TOWN TOMPKINS, his wife Mec To`nh of .Wappinger _ .... _ TO THE y TOWN OF WAPPINGER PExtrlily BY MAIL TO �1 � j Zip No,. 2 UN Y`CLERK s OFFICE RECEIVED ON THE �E- 0 s a AT G �i J BOOK :to q� � �Crf v ------ - ["� 17 EAL 'ST E �3 PAGE ra art �z AUG GOUNT a�a W y } h f