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2012-3352012-335 Resolution Authorizing the Appropriation and Condemnation of Any and All Easements Necessary to for Extension Number 2 to the United Wappinger Water District Under the Eminent Domain Proceedings Law 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 December 10, 2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, the Town Board of the Town of Wappinger determined that the construction of Extension Number 2 to the United Wappinger Water District and the improvements in accordance with said extension would not result in any significant adverse environmental impact on October 9, 2012 by Resolution 2012-276; and WHEREAS, the Town Board of the Town of Wappinger Established Extension Number 2 to the United Wappinger Water District and authorized the improvements in accordance with said extension on October 9, 2012 by Resolution 2012-282; and WHEREAS, Engineer to the Town, Morris Associates, P.L.L.C. has prepared plans for construction of such improvements consisting of the installation of a 12 inch water distribution main with laterals, hydrants, valves and other appurtenances, and WHEREAS, the preferred route for the water distribution mains commences at a connection point with the existing District water main located at the junction of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet along Old Hopewell Road, thence along New Hamburg road to Wheeler Hill Road, thence along Wheeler Hill Road to Carnwath Farms, thence through Carnwath Farms to the Central Hudson Gas & Electric Danskammer to Pleasant Valley Right of Way, thence along said right of way to River Road and thence along River Road to the New York City Department of Environmental Protection Shaft 6B on River Road; and WHEREAS, most of the construction shall occur within the public rights of way, but some easements are required over private property in order to construct these improvements; and WHEREAS, the Town has entered into an agreement with the City of New York, through its Department of Environmental Protection which contains a specific construction schedule that must be adhered to and the easements necessary for construction must be obtained promptly; and WHEREAS, the Town has acquired easements from various property owners along the water main route and has attempted to acquire easements from others; and WHEREAS, negotiations with some landowners for easements have been unsuccessful and the Town requires easements from these owners to construct the improvements; and WHEREAS, because of road closures, drainage structures, gas pipelines, mature trees, stone walls, and other obstructions, there are no alternative location other than over said properties; and WHEREAS, the Town Board has determined that it is necessary to commence proceedings in accordance with the Eminent Domain Proceedings Law in order to acquire the necessary easements over the affected properties to proceed with construction of the water main; 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 the commencement of Eminent Domain proceedings in the Supreme Court, State of New York, County of Dutchess with respect to the affected properties pursuant to the Eminent Domain Proceedings Law of the State of New York pursuant to Town Law §64(2). 3. The Town Board hereby authorizes Albert P. Roberts, Attorney to the Town, or any member of his firm, Stenger, Roberts, Davis & Diamond, LLP to represent the Town of Wappinger on behalf of the United Wappinger Water District Extension Number 2 in conjunction with all proceedings to appropriate the necessary easements in accordance with the Eminent Domain Proceedings Law and to take all necessary actions with respect to such proceedings. 4. The Attorney to the Town is hereby directed to obtain the necessary appraisals for the affected properties from McGrath & Company, Inc.; the retention of such firm was previously authorized by resolution of the Town Board which also authorized conducting the necessary title examination for the real property along the route of the water line and related work. 5. The Town Board hereby authorizes the Engineer to the Town to prepare all necessary takings maps and any other documents necessary to assist the Attorney to the Town with respect to the eminent domain proceedings. 6. The Attorney to the Town is authorized to make an offer of settlement to all property owners pursuant to the Eminent Domain Proceedings Law, for the appraised value of the property to be appropriated. 7. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the 7th day of January 2013 at 7:30 o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider whether such property should be acquired by eminent domain and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. 8. In accordance with Eminent Domain Proceedings Law § 202(A), the Town Clerk is hereby authorized and directed to cause a copy of the attached Notice of Public Hearing to be published in the Poughkeepsie Journal, an official newspaper of the Town published daily, for five consecutive days, and in the Southern Dutchess News, an official newspaper of said Town published weekly, one time, the first publication thereof to be not less than ten nor more than thirty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign-board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than thirty days before the day set for the hearing as aforesaid. 9. In accordance with Eminent Domain Proceedings Law § 202(C), the Town Clerk is hereby authorized and directed to notify, either by personal service or certified mail, return receipt requested, the affected property owners not less than ten nor more than thirty days before the day set herein for the hearing as aforesaid. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 12/10/2012 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK LEGAL NOTICE TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 7th day of January, 2013, at 7:30 p.m. at the. Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, for the purpose of determining the need for filing a Petition in the Supreme Court of the State of New York in and for the County of Dutchess to acquire certain needed easements to construct a water main and other improvements associated with Extension Number 2 to the United Wappinger Water District. Morris Associates, P.L.L.C., Engineers to the Town of Wappinger, has prepared plans for construction of a water distribution main with laterals, hydrants, valves and other appurtenances commencing at a connection point with the existing UWWD water main located at the junction of Route 9 and Old Hopewell Road and extending approximately 20,000 linear feet along the following route: Old Hopewell Road, thence along New Hamburg road to Wheeler Hill Road, thence along Wheeler Hill Road to Carnwath Farms, thence through Camwath Farms to the Central Hudson Gas & Electric Danskammer to Pleasant Valley Right of Way, thence along said right of way to River Road and thence along River Road to the New York City Department of Environmental Protection Shaft 6B on River Road. The above noted plans require the acquisition of easements for the water main over certain properties. If the affected property owners do not agree to execute the necessary easement documents, the Town will be required to obtain such easement by eminent domain pursuant to rights granted by Town Law §64(2) and hereby gives notice of a public hearing for the acquisition of such easements. Because of disruptive road closures, state and county permitting requirements, drainage structures, gas pipelines, mature trees, stone walls, and other obstructions, there is no alternative location other than over said properties. NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger determined that the construction of Extension Number 2 to the United Wappinger Water District and the improvements in accordance with said extension would not result in any significant adverse environmental impact on October 9, 2012 by Resolution 2012-276. NOTICE IS HEREBY GIVEN that pursuant to Eminent Domain Proceeding Law §202(C)(2), those property owners who may subsequently wish to challenge condemnation of their property via judicial review may do so only on the basis of issues, facts, and objections raised at such hearing. Any person may submit written views thereon in advance of said meeting in care of the Town Clerk, or may be heard in person at said meeting. Copies of the engineering drawings for the project showing the water main route and the easements to be acquired are available for review at the Town Clerk's Office. PLEASE TAKE FURTHER NOTICE, that in compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this hearing should notify the Town Clerk's Office at (845) 297-5771 on or before January 4, 2013 to request such assistance. Dated: December 13 , 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER CHRISTINE FULTON TOWN CLERK