2013-0502013-50
Resolution Authorizing Payment for Acquisition of Easement in Connection with
Construction of Water Main by United Wappinger Water District
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 January 7,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District
(UWWD), has entered into anInter-Governmental Agreement (IGA) with the New York City Department
of Environmental Protection (DEP) dated September 25, 2012 for the construction of a 12 inch water
main from a point of connection with the UWWD water system on Old Hopewell Road and Route 9 to
the DEP site located in the Hamlet of Chelsea, Town of Wappinger; and
WHEREAS, the Town Board has formally authorized the extension of the UWWD to the DEP
site located in the Hamlet of Chelsea, Town of Wappinger; and
WHEREAS, the Engineer to the Town, Morris Associates Engineering Consultants, PLLC (Morris
Associates), has designed the route of the pipe to the DEP site which route requires the acquisition of
several easements; and
WHEREAS, the Town Board has previously authorized the Town Supervisor, Barbara A.
Gutzler, the Engineer to the Town, Morris Associates, and the Attorney to the Town, Albert P.
Roberts, to acquire all required and necessary easements; and
WHEREAS, terms have been negotiated for the acquisition of an easement from Ching
Fai Cheung (Cheung); and
WHEREAS, Cheung has requested payment for the Grant of Easement, as required by New
York State Eminent Domain Law; and
WHEREAS, the requested payment from Cheung is consistent with the general preliminary
indication of the value of the easement as determined by McGrath & Company, Inc.; and
WHEREAS, Cheung has executed the Grant of Easement, a copy of which is attached as Exhibit "1" and
delivered same to the Attorney to the Town, Albert P. Roberts, to be held in escrow pending their receipt
of the consideration payment to them.
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 payment in the sum of Eleven Thousand Dollars
($11,000.00) to Cheung, together with other design considerations as requested by
Cheung as set forth in the Grant of Easement document attached hereto and made a part
hereof, marked and designated as Exhibit "1".
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
1/7/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK