2010-1212010-121
Resolution Authorizing a Village of Wappingers Falls' Water Line to Cross a Town Owned
Easement
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 March 10,
2010.
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 (arrived at 7:20 PM)
Ismay Czarniecki
Joseph P. Paoloni (arrived at 7:37 PM)
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, WAPPINGER SHOPPING CENTER, LLC is the owner of a certain parcel
of land located in the Town of Wappinger, County of Dutchess, State of New York, identified by
Tax Grid No. 135689-6157-02-653974, and more particularly described in a certain deed
recorded in the office of the Dutchess County Clerk at Document No.02-2003-8783, (hereinafter
the "Premises"); and
WHEREAS, by grant of easement from Wappinger Associates, LLC, a prior owner of
the property, the Town of Wappinger acquired an easement over the Premises for the purposes of
constructing, operating, maintaining, repairing, reconstructing, replacing and inspecting, pipes,
conduits and related appurtenances for the transportation and disposal of surface, storm or
ground water, and/or sewage, and/or potable water; and
WHEREAS, said easement is recorded in the Office of the Dutchess County Clerk as
Document Number 02-2001-7593 on September 12, 2001; and
WHEREAS, the Town of Wappinger has installed a sewer transmission line within the
easement; and
WHEREAS, the provisions of the easement prohibit any other structures or underground
pipes to be located within the easement area without the consent of the Town of Wappinger; and
WHEREAS, the Village of Wappingers Falls and the owner of the Premises have
requested that the Town consent to the installation of a potable water line which will cross into
and through the easement and under the sewer transmission line located in the aforementioned
easement; and
WHEREAS, the proposal to permit the Village of Wappingers Falls water line to cross
through the Town sewer easement has been reviewed and approved by Robert J. Gray, P.E.,
Engineer to the Town.
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 authorizes and permits the owner of the Premises and the
Village of Wappingers Falls to locate a water line through the sewer easement
owned by the Town of Wappinger as particularly set forth on the attached sketch
plan marked and designated as Exhibit "l".
3. The Town Board hereby authorizes Supervisor Christopher J. Colsey to execute
any necessary amendments to the sewer easement so as to permit the construction
and installation of the water line over and through the subject sewer easement.
4. The Town Board further directs that as a condition to authorize the water line to
pass through the sewer easement, the owner of the Premises and the Village of
Wappingers Falls will indemnify, save and hold harmless the Town of Wappinger
from any damages, claims or liabilities resulting from the installation of the
subject water line or its continued use and operation.
5. Any and all legal instruments to be signed by Supervisor Christopher J. Colsey
shall be subject to the review and approval of the Engineer to the Town and the
Attorney to the Town.
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
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
3/10/2010
The Resolution is hereby duly declared adopted.
4JHN 46CLST�—ERWSON, TOWN CLERK