2009-2522009-252
Resolution Authorizing and Accepting Amended Easement for Sanitary Sewer Collector
Line through Lands of Heartland, LLC
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
10, 2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, by Resolution dated July 5, 2005, the Town Board of the Town of
Wappinger authorized certain property owned by HEARTLAND, LLC, and located at 1271
Route 9, Wappingers Falls, New York (hereinafter the "HEARTLAND PARCEL"), to connect
to the Town owned Wappinger Sewer Transmission/Treatment Improvement Area Phase 3-A
(hereinafter "WSTTIA-3A") as a tenant; and
WHEREAS, as a condition to such connection to the WSTTIA-3A, HEARTLAND was
required to construct and install certain sewer main improvements and grant an UNSPECIFIED
EASEMENT for expansion of the sewer to the southerly end of the HEARTLAND PARCEL;
and
WHEREAS, HEARTLAND previously granted both a PERMENANT and
UNSPECIFIED EASEMENT for Sanitary Sewer Collector Line to the Town of Wappinger by
indenture dated November 18, 2005; and
WHEREAS, HEARTLAND, in conjunction with North American Home Equities, Inc.,
has completed the construction of the Sanitary Sewer Collector Line through the HEARTLAND
PARCEL; and
WHEREAS, the location of the Sewer Collector Line has been finally determined and is
more particularly set forth in Schedule "A" attached hereto; and
WHEREAS, in accordance with the original EASEMENT granted by HEARTLAND,
LLC, the TOWN and HEARTLAND agreed to redefine the PERMANENT EASEMENT AREA
consistent with the location of the Sewer Collector Line, as constructed by HEARTLAND and/or
North American Home Equities, Inc.; and
WHEREAS, the metes and bounds description of the redefined PERMANENT
EASEMENT AREA has been prepared by Robert J. Gray, P.E., Engineer to the Town; and
WHEREAS, HEARTLAND, LLC and the TOWN are desirous of confirming the
PERMANENT EASEMENT AREA through the lands of HEARTLAND wherein the Sewer
Collector Line is located
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 confirms that the Sewer Collector Line has been constructed
pursuant to plans prepared and approved by the former Engineer to the Town, Paggi,
Martin & Del Bene, LLP, and confirms its acceptance of said Sewer Collector Line
and appurtenances.
3. The Town Board hereby authorizes the amendment to the Grant of Permanent and
Unspecified Easement for Sanitary Sewer Collector Line, previously dedicated to the
Town of Wappinger by document recorded in the Dutchess County Clerk's Office on
March 2, 2006, as Document No. 02 2006 2290.
4. The Town Board hereby authorizes the Supervisor, Christopher J. Colsey, to. execute
the Amended Easement for Sanitary Sewer Collector Line, in the form attached
hereto and to authorize its recording in the Dutchess County Clerk's Office, together
with such other instruments and documents necessary to enable the document to be
recorded in the Dutchess County Clerk's Office.
5. Albert P. Roberts, Attorney to the Town, is further authorized to perform such legal
services as are necessary to effectuate the signing and recording of the Amended
Easement in the Dutchess County Clerk's Office.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/10/2009
The Resolution is hereby duly declared adopted.
HN C. MA TERSON, TOWN CLERK
AMENDED EASEMENT FOR SANITARY SEWER COLLECTOR LINE
THIS INDENTURE, made the 10 day of April, 2009 between
HEARTLAND, LLC,
with offices located at,
1715 Route 9,
Wappingers Falls, New York 12590,
(hereinafter referred to as "HEARTLAND or GRANTOR"),
and
THE TOWN OF WAPPINGER A MUNICIPAL SUBDIVISION,
with offices situate at,
Town Hall, 20 Middlebush Road,
Wappingers Falls, New York 12590,
acting for itself and by and on behalf of the
Wappiriger Sewer Transmission/Treatment Improvement Area — Phase 3-A,
(sometimes referred to as the "Town" and/or the "Improvement")
and being collectively referred to as "TOWN or GRANTEE".
WITNESSETH:
WHEREAS, by Indenture dated November 18, 2005, HEARTLAND conveyed a
Grant of Permanent and Unspecified Easement for Sanitary Sewer Collector Line to the
Town of Wappinger, which document was recorded in the Dutchess County Clerk's
Office on March 21, 2006 as Document Number 02 2006 2290 (hereinafter referred to as
the "ORIGINAL EASEMENT"); and
WHEREAS, the ORIGINAL EASEMENT provided for an unspecified easement
commencing at the southerly most termination of the PERMANENT EASEMENT
AREA as described in the ORIGINAL EASEMENT and continuing southward to the
southerly border of the HEARTLAND property; and
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WHEREAS, the ORIGINAL EASEMENT provided that the "UNSPECIFIED
EASEMENT" would be specifically redefined by the Engineer to the Town at a later date
when, and if, the Town Board approved a further extension of the sewer facilities to be
constructed within the UNSPECIFIED EASEMENT; and
WHEREAS, the Sewer Collector Line has been constructed and extended
through the UNSPECIFIED EASEMENT AREA; and
WHEREAS, the Engineer to the Town has accepted the Sewer Collector Line as
constructed and completed; and
WHEREAS, the Engineer to the Town has prepared a metes and bounds
description of the PERMANENT EASEMENT AREA specifically defining the area
where the Sewer Collector Line has been constructed and is located, including sufficient
area to properly operate and maintain the Sewer Collector Line by and on behalf of the
TOWN; and
WHEREAS, HEARTLAND has requested that the UNSPECIFIED EASEMENT
be terminated and extinguished and be replaced with a permanent metes and bounds
description specifically defining and describing with specificity the PERMANENT
EASEMENT AREA wherein the Sewer Collector Line is located including sufficient
area to operate, maintain, replace and repair the Sewer Collector Line constructed therein;
and
WHEREAS, in consequence of the completion, construction and acceptance of
the extension of the Sewer Collector Line through the UNSPECIFIED EASEMENT
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AREA, the TOWN and HEARTLAND agree that it is in the best interest of both parties
to terminate and extinguish the UNSPECIFIED EASEMENT and replace same with the
PERMANENT EASEMENT herein described.
NOW, THEREFORE, in consideration of the sum of one dollar ($1.00), actual
consideration, lawful money of the United States, receipt of which is hereby waived, and
consistent with the provisions of the ORIGINAL EASEMENT above described, the
TOWN hereby releases, terminates and extinguishes the UNSPECIFIED EASEMENT
and accepts in its place the PERMANENT EASEMENT AND RIGHT-OF-WAY
hereinafter described:
1. RECITATIONS INCORPORATED.
The recitations above set forth are incorporated in this Amendment
Easement as if fully set forth and adopted herein.
2. TERMINATION OF UNSPECIFIED EASEMENT.
The TOWN hereby remises, releases, Quitclaims, terminates, extinguishes
and discharges all of its right, title and interest in and to a certain UNSPECIFIED
EASEMENT for Sanitary Sewer Collector Line established pursuant to paragraph 1.(b.)
of the ORIGINAL EASEMENT recorded in the Dutchess County Clerk's Office on
March 21, 2006, as Document Number 02 2006 2290 as being no longer needed. It is the
intention of the TOWN and HEARTLAND that by execution of this instrument, the
UNSPECIFIED EASEMENT AREA shall be replaced with the PERMANENT
EASEMENT hereinafter created which shall define all of the rights, privileges, duties and
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obligations of the parties with respect to the Sanitary Sewer Collector Line constructed
and located through the lands of HEARTLAND as located within the PERMANENT
EASEMENT AREA described in Schedule "A" attached hereto and made part hereof.
3. GRANT OF PERMANENT AND RIGHT-OF-WAY FOR SEWER
COLLECTOR LINE.
The GRANTOR hereby substitutes and replaces the UNSPECIFIED EASEMENT
referred to above with the following PERMANENT EASEMENT AND RIGHT-OF-
WAY in, on, under and through that portion of the GRANTOR'S parcel, hereinafter
described, and called the PERMANENT EASEMENT AREA, for the purposes of
constructing, operating, maintaining, repairing, reconstructing, replacing and inspecting
the Sanitary Sewer Collector Line and/or Sewer Transmission Line located therein as
well as any associated appurtenances for the transportation of sewage through the
PERMANENT EASEMENT AREA more specifically described in Schedule "A"
attached hereto and made a part hereof.
4. ACCESS.
This Grant of a PERMANENT EASEMENT AND RIGHT-OF-WAY includes,
but is not limited to, the following appurtenant rights necessary to effectuate the
construction and maintenance of the sewer collector line and appurtenances;
A. the right of ingress and egress by person, motor vehicle and construction
equipment necessary to lay and to construct the sewer collector line and/or transmission
line and any necessary appurtenances in, on, under and through the PERMANENT for
the transportation of sewage through the PERMANENT, and to maintain, repair,
construct, replace and inspect the same as GRANTEE may deem necessary or desirable;
and
B. the right to clear, excavate, fill, grade, or cultivate the PERMANENT
and/or otherwise improve the same for the purposes herein set forth, provided that any
excess soil excavated from the PERMANENT shall, at the option of GRANTOR, either
be deposited on GRANTOR'S parcel at a location, or locations, selected by GRANTOR
contiguous to the PERMANENT, or shall be removed by the GRANTEE from the
GRANTOR'S parcel at GRANTEE'S expense.
5. PROHIBITION OF STRUCTURES.
The GRANTOR is hereby prohibited from constructing and/or maintaining any
type of permanent structure including underground pipes and conduits in, on, under or
over the PERMANENT EASEMENT AREA described in Schedule "A", without
permission of the GRANTEE. Nothing herein shall preclude the GRANTOR from using,
repaving or resurfacing the existing driveways and/or parking areas, nor prohibit the
GRANTOR from storing and/or parking new and used vehicles or equipment on or over
the PERMANENT EASEMENT AREA.
6. RESTORATION.
All areas disturbed by the GRANTEE by the exercise of the rights conferred
herein shall be restored, as reasonably as practicable, to the condition that existed prior to
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the disturbance, or as directed by separate agreement, so as to minimize disruption to the
businesses located on GRANTOR'S parcel.
7. DURATION.
The terms, covenants and agreements herein contained shall inure to the benefit
of, and be binding upon the parties hereto and their respective heirs, distributees, legal
representatives, successors and assigns and ALL COVENANTS HEREIN SHALL
RUN WITH THE LANDS AFFECTED THEREBY AND SHALL BE PERPETUAL
IN DURATION.
8. CONSENT.
The Town of Wappinger joins in the execution of this AMENDED
EASEMENT for the purposes of acknowledging and confirming that the sanitary sewer
line has been constructed and located within the PERMENANT EASEMENT AREA,
hereby consents to the redefinition of the PERMENANT EASEMENT AREA as set forth
herein and accepts this AMENDED EASEMENT in place and instead of the ORIGINAL
EASEMENT.
IN WITNESS WHEREOF, the GRANTOR and GRANTEE have executed this
instrument as of the date first set forth above.
HEARTLAND,LLC,�NTOR
MEMBER/MANAGER
TOWN OF WAPPINGER, GRANTEE
CHRISTOPHER J. COLSEY, SUPERVISOR
ACKNOWLEDGEMENTS
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS )
On April Id, 2009, before me, the undersigned, a Notary Public in and for said
State, personally appeared JACK NASI, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS )
Notary Public
ALBERT P. ROBERTS
NOTARY PUBLIC, State of New York
Qualified in Dutchess County
Commission Expires Feb. 28, 20�_
On April , 2009, before me, the undersigned, a Notary Public in and for said
State, personally appeared CHRISTOPHER J. COLSEY, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his capacity, and that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
Notary Public
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SCHEDULE "A"
LEGAL DESCRIPTION OF
OVERALL SEWER EASEMENT
HEART ACURA
MA # 206066
8/27/08
Revised 4/28/09
ALL that certain piece or parcel of land situate, lying and being in the Town of
Wappinger, County of Dutchess and State of New York and is more particularly described as
follows:
BEGINNING at a point on the westerly line of U.S. Route 9, said point being the southeasterly
corner of Lot 1, as shown on a map entitle "Subdivision for Santandra and Verrilli" and filed in
the Dutchess County Clerk's Office as Map No. 7776; thence westerly along the southerly line
of said Lot 1 South 89005'20" West 23.19 feet to a point; thence westerly and northerly through
Lot 1, the following six (6) courses:
1.
North 73019'22"
West 157.75 feet,
2.
North 76026'13"
West 70.29 feet,
3.
North 09010'33"
East 132.81 feet,
4.
North 12038'50"
East 17.40 feet,
5.
North 52004'04"
East 97.46 feet and
6.
North 08100'07"
East 21.35 feet
to a point on the northerly line of Lot 1, thence southeasterly along said line, South 87010'20"
East 30.13 feet to a point; thence southwesterly, southerly and easterly through Lott the
following five (5) courses:
1. South 08000'00" West 36.21 feet,
2. South 52004'04" West 106.72 feet,
3. South 09010'33" West 108.72 feet,
4. South 76026'13" East 47.81 feet and
5. South 731119'22" East 179.55 feet
to a point on the westerly line of the aforementioned U.S. Route 9; thence southwesterly along
said road line South 13032'12" West 18.02 feet to the point or place of BEGINNING,
Containing 0.300 acres of land, more or less.
C:\Documents and Settings\vsrpwks03\Local Settings\Temporary Internet Files\OLK56\OVERALL-SEWER EASEMENT LEGAL DESC-4-28-
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Albert P. Roberts
From: Albert P. Roberts [aroberts@vsrp.com]
Sent: Friday, July 31, 2009 12:38 PM
To: 'Chris Colsey';'cmasterson@townofwappinger.us'; 'cfulton@townofwappinger.us'
Subject: Resolution for August 10th Town Board Meeting
Attached please find Resolution Authorizing and Accepting Amended Easement for Sanitary Sewer
Collector Line Through the Lands of Heartland, LLC. I will be forwarding you a copy of the Amended
Easement and legal description via mail so that you can attach it to the Resolution.
Please call if you should have any questions.
Sandie
7/31/2009