2011-2562011-256
Resolution Accepting Drainage and Utility Easement #6 in Connection to Lot No.3 in the
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 July 11,
2011.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor Christopher J. Colsey (Departed 7:40 PM)
Councilmembers - William H. Beale
Ismay Czarniecki
Joseph P. Paoloni
ABSENT: Vincent F. Bettina
The following Resolution was introduced by Supervisor Colsey and seconded by
Councilman Beale.
WHEREAS, in connection with the Blackwatch Farm Subdivision, the Town Board had
previously accepted the roads, the 30' Buffer Easement #1 and 40' Buffer Easement #2; Snow
Easement #11; Easement for Firematic Purposes #8; Snow, Drainage and Utility Easement #10
and Drainage and Utility Easement #4, #5, #7 and #9, as shown on the Subdivision Map for
Blackwatch Farm Subdivision all in form acceptable to the Attorney to the Town and Engineer
to the Town and now seeks to accept the Drainage and Utility Easement #6 located on Lot No.3
within said Blackwatch Farm Subdivision.
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 determines that it is in the best interest of the residents of
the Town of Wappinger, particularly the residents of the Blackwatch Farm
Subdivision, to accept the Drainage and Utility Easement #6 located on Lot No. 3
in the Blackwatch Farm Subdivision.
3. The Town Clerk is hereby authorized to release the Performance Agreement
secured by Letter of Credit posted by Blackwatch Development, LLC, upon
receipt of an executed Maintenance Agreement with the reduced Letter of Credit.
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:
ABSENT
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
7/11/2011
The Resolution is hereby duly declared adopted.
r
J HN C. MASTERSON, TOWN CLERK
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A. VERGILIS* WAPPINGERS FALLS, NEW YORK 12590
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS ****
STEPHEN E. DIAMOND
JOAN F. GARRETT**
KEVIN T. McDERMOTT
ANGEL I. FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
MARINA O'NEILL
MELISSA A. MANNA-WILLIAMS
July 6, 2011
Via Facsimile 454-5710
Kevin P. Barry, Esq.
310 Mill Street
Poughkeepsie, New York 12601
(845) 298-2000
FAX (845) 298-2842
www.vsrp.com
e-mail: info 0aysrp.com
POUGHKEEPSIE OFFICE
By Appointment Only
(845)152-1046
Re: Blackwatch Farm Subdivision - Town of Wappinger
VSRDD File No. 12949.0216
Dear Kevin:
OF COUNSEL:
KAREN MacNISA
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR'
MARIA L. JONES
"PZSO ADMITTED IN FLA
"«ALSO ADMITTED IN CONN.
««« ALSO ADMITTED IN NJ
..«. ALSO ADMrrTED IN FL &. MA
The Town Board has accepted all the roads, snow ea easements,
the easementnage slonta 3lhad a
pocket ponds) except for the easement on Lot Y easements
small shed erected thereon andied thereon.
the policy of the Town not to accept any
with structures or plantings located
the
In this case, the Town Board agreed to make an exception meetiing scheduled for July 11- Once hthis
This should be accomplished at the next Town
Boardthe
is accomplished, we can release the Letter of Credit
for We ewill al oc nB d therevisedttit e
he
Maintenance Bond with the reduced Letter o
insurance policy, insuring the Town for all of the roads, easements, etc.
Anticipating that all will be in order by July 12, is it possible to have the title policy and
Maintenance Agreement with Letter of Credit in place by Tuesday afternoon, July 12? Please
advise.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ALBERT P. ROBERTS
APR/af
0:\Wappinger\PlanningBoard\Blackwatch\070611 letter to Barry.doc
cc via email: Town Board — Hon. Christopher J. Colsey, Supervisor
Town Clerk - Hon. John C. Masterson, Town Clerk
Hon. Graham Foster, Highway Superintendent
Barbara Roberti, Zoning Administrator
Robert J. Gray, P.E.
David Stolman, AICP
0:\Wappinger\PlanningBoard\Blackwatch\070611 letter to Barry.doc