2011-1952011-195
Resolution Authorizing Execution of Conditional License and Release Agreement in
Connection with Lot 3 of Blackwatch Farm Subdivision
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 May 23,
2011.
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
Ismay Czarniecki
Joseph P. Paoloni (arrived at 6:30 PM)
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Beale.
WHEREAS, as one of the conditions to receiving Final Subdivision Plat Approval,
Robert V. Oswald, Jr., the previous developer of the above referenced subdivision known as
Blackwatch Farm Subdivision, offered for dedication an Easement for Drainage Purposes
(hereafter the "Easement") located on Lot 3 within said subdivision; and
WHEREAS, the Easement and Lot 3 are depicted on a subdivision plat filed in the
Dutchess County Clerk's Office on May 2, 2005, as Filed Map No. 11793; and
WHEREAS, Joseph A. Mandile and Christine Mandile are the owners of the
aforementioned Lot 3; and
WHEREAS, a shed has been erected in the Permanent Easement Area identified in the
aforementioned easement; and
WHEREAS, the Town Board acknowledges that there are no immediate plans to
exercise its rights in the Easement for Drainage Purposes to be accepted simultaneously with the
execution and recording of this Conditional License and Release; and
WHEREAS, the Town Board hereby authorizes the owners of Lot 3, Joseph A. Mandile
and Christine Mandile, to maintain the existing shed within the easement as set forth in the
Conditional License and Release Agreement, a copy of which is attached to this Resolution as
Exhibit "A".
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. Based upon the particular circumstances of this matter, the Town Board agrees to
authorize the Conditional License to allow a shed to continue to be located within
the Permanent Easement Area upon the terms and conditions set forth in the
Conditional License and Release Agreement, a copy of which is affixed hereto as
Exhibit "A".
The Town Board hereby authorizes Supervisor Christopher J. Colsey to execute
the Conditional License and Release Agreement by and on behalf of the Town of
Wappinger and further authorizes the Attorney to the Town, Albert P. Roberts, to
take whatever steps are necessary to have said document recorded in the Dutchess
County Clerk's Office at the cost and expense of Blackwatch Development, LLC,
the current owner of the Subdivision.
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
5/23/2011
The Resolution is hereby duly declared adopted.
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JOC.MASTERSON, TOWN CLERK
CONDITIONAL LICENSE AND RELEASE TO MAINTAIN
SHED IN EASEMENT
THIS CONDITIONAL LICENSE AND RELEASE AGREEMENT is made
on the day of May, 2011, by and between
JOSEPH A. MANDILE and CHRISTINE MANDILE
residing at 27 Viola Court,
Wappingers Falls, New York 12590
hereinafter referred to as the "OWNERS"
and
THE TOWN OF WAPPINGER,
a Municipal Subdivision,
with offices situated at Town Hall, 20 Middlebush Road,
Wappingers Falls, New York 12590,
hereinafter referred to as the "TOWN".
WHEREAS, Blackwatch Development, LLC had previously made application to
the Town of Wappinger Planning Board to approve a subdivision of lands more
particularly described in a subdivision map entitled `Blackwatch Farm", prepared by
Oswald and Gillespie, P.C., dated June 1, 1999, and subsequently revised from time to
time; and
WHEREAS, Robert V. Oswald, Jr. and his wife, Cynthia M. Oswald, acquired
title to the property from Blackwatch Development, LLC by deed recorded in the
Dutchess County Clerk's Office on June 29, 2000 as document number 02 2000 5661;
and
WHEREAS, Robert V. Oswald, Jr., and Blackwatch Development, LLC received
Subdivision Approval for a Subdivision entitled `Blackwatch Farm" which Subdivision
Map was filed in the Dutchess County Clerk's Office on May 2, 2005, as filed map
number 11793; and
WHEREAS, as one of the conditions to receiving Final Subdivision Plat
Approval, the said Robert V. Oswald, Jr. offered for dedication an easement for drainage
purposes (hereafter the `Basement") located on Lot 3 within said Subdivision; and
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WHEREAS, the OWNERS own a certain parcel of real property commonly
referred to as 27 Viola Court, Wappingers Falls, New York 12590, and also known as Lot
3 on filed map number 11793, filed in the Dutchess County Clerk's Office on May 2,
2005, and which is more particularly described in a certain deed from O'Donnells, Inc. to
Joseph A. Mandile and Christine Mandile, which deed was recorded in the Office of the
Dutchess County Clerk on January 8, 2007 at document number 02 2007 208; and
WHEREAS, the Permanent Easement Area described in the aforementioned
Easement is more particularly on Exhibit "A" attached hereto; and
WHEREAS, the proposed Easement offered for dedication to the Town prohibits
the placement of any permanent structures within the Permanent Easement Area as
described within said Easement; and
WHEREAS, through inadvertence, the TOWN granted the OWNERS of Lot 3 a
building permit to erect a shed within the Permanent Easement Area; and
WHEREAS, it does not appear that the Town of Wappinger will be exercising its
rights under the Easement in the foreseeable future and has agreed to accept the Easement
with the shed located within the Permanent Easement Area; and
WHEREAS, the OWNERS acknowledge that in the event the TOWN
subsequently exercises its rights afforded by the Easement, that the shed within the
Permanent Easement Area may have to be disturbed and/or removed at the sole discretion
of the Town of Wappinger, its agents and employees, and that the TOWN will not be
obligated to replace and/or reimburse the OWNERS for the loss or relocation thereof.
NOW, THEREFORE, THE PARTIES COVENANT & AGREE AS
FOLLOWS:
1. Recitations Incorporated. The recitations above set forth are incorporated in
this Conditional License and Release Agreement as if fully set forth and recited herein.
2. Revocable License.
A. The TOWN hereby grants to OWNERS a revocable license to maintain the
existing shed, within the Permanent Easement Area as the same exists as of the date of
the execution of this instrument.
B. The OWNERS will not be permitted to replace the shed, within the Permanent
Easement Area without the express written consent of the Town Board of the Town of
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Wappinger, which consent shall be evidenced by a Resolution duly adopted by the Town
Board at a meeting and adopted in accordance with law.
3. Release and Indemnification. The OWNERS hereby remise, release,
discharge and agree to indemnify, save and hold harmless the TOWN, and its officers,
agents and employees, and will hold the TOWN free and harmless against any claim,
cause of action or damage to the aforementioned shed arising out of the construction and
installation of any pipes and appurtenances within the Permanent Easement Area in the
exercise of any of the rights afforded to the TOWN pursuant to the Easement granted to
the TOWN as aforesaid.
4. Binding Effect. The terms, covenants and agreements herein contained shall
inure to the benefit of the OWNERS of LOT 3 on Filed Map No. 11793 filed in the
Dutchess County Clerk's Office on May 2, 2005, their respective heirs, distributes, legal
representatives, successors and assigns and ALL COVENANTS HEREIN SHALL
RUN WITH THE LANDS AFFECTED THEREBY AND SHALL BE
PERPERTUAL IN DURATION.
JOSEPH A. MANDILE, Owner
CHRISTINE MANDILE, Owner
TOWN OF WAPPINGER
By:
Christopher J. Colsey, Supervisor
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ACKNOWLEDGEMENTS
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the day of May, 2011, before me, the undersigned, personally appeared
JOSEPH A. MANDILE 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
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the day of May, 2011, before me, the undersigned, personally appeared
CHRISTINE MANDILE 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 she executed the same in her capacity, and that by her signature
on the instrument, the individual, or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the day of May, 2011, before me, the undersigned, personally appeared
CHRISTOPHER J. COLSEY known to me or proved to me on the basis of satisfactory
evidence to be the individuals 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