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2013-0512013-51 Resolution Authorizing Payment for Acquisition of Easement in Connection with Construction 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 14, 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 Kuzmicz. WHEREAS, the Town of Wappinger, by and on behalf of the United Wappinger Water District (UWWD), has entered into an Inter-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 Heidi B. Bryson(Bryson); and WHEREAS, Bryson has requested payment for the Grant of Easement, consistent with New York State Eminent Domain Law; and WHEREAS, the requested payment from Bryson is consistent with the general preliminary indication of the value of the easement as determined by McGrath & Company, Inc.; and WHEREAS, the Attorney to the Town has prepared a form of Easement which includes terms pursuant to which Bryson has agreed to grant the Town the required Easement, a copy of which form of Easement is attached hereto as Exhibit "1". 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 approves the form of Easement as set forth in Exhibit "1" and hereby authorizes the Town Supervisor to execute same by and on behalf of the Town. 3. The Attorney to the Town is further authorized to amend the wording of the Easement as long as the amended wording is substantially consistent with the terms as contained in Exhibit "1". 4. The Town Board hereby authorizes payment to Bryson in the sum of Six Thousand Dollars ($6,000.00), upon receipt of a duly executed Grant of Easement in form satisfactory to the Attorney to the Town and in form that will permit recording in the office of the Dutchess County Clerk. 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 1/14/2013 The Resolution is hereby duly declared adopted. CH STINE FULTO ,TOWN CLERK Exhibit "1° Revised 1/11/2013 NT EASEMENT GRANT OF PERMANE FOR INSTALLATION OF POTABLE WATER MAIN THIS INDENTURE, made the _. day of January, 2013, between HEIDI B. BRYSON whose address for the purposes of this instrument is PO Box 219 123 New Hamburg Road Hughsonville, New York 12537 (hereinafter referred to [collectively] "GRANTOR"), and TOWN OF WAPPIlVGER BY AND ON BEHALF OF THE UNITED WAPPINGER WATERDISTRICT ("UWWD")+ AN ADMINISTRATIVE UNIT OF THE TOWN OF WAPPINGER, with offices situate at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590-0324 (hereinafter referred to as the "TOWN" or the "GRANTEE'. WITNESSETH: I P P located the ; . ', i WHEREAS, the GRANTOR is the owner of a parcel of ro erty ~ ~- +rE 'r' Road „„ „,~ W , „'1 in the Town of Wappinger, i ' comer of tt~e, intersection of New Hamburg _, ~ County of Dutchess, New York and described in a certain Deed recorded in the Office of the ~I ~ Dutchess County Clerk on February 10, 2011 as Document #02-2011-674, (hereinafter referred i I to as "GRANTOR' S PARCEL"); and I WHEREAS, the TOWN has commenced, or is about to commence construction of a 12 i i inch potable water main ("WATER MAIN") pursuant to an Intergovernmental Agreement dated August 31, 2012 by and between the City of New York ("CITY") and the New York City I i Department of Environmental Protection ("DEP'~, collectively, with the Town of Wappinger on i behalf of the United Wappinger Water District ("UWWD"); and 1 Revised 1/11/2013 WHEREAS, the GRANTOR has agreed to grant to UWWD several easements which i will authorize and permit the construction of the WATER MAIN through a portion of the GRANTOR'S PARCEL and identified as the PERMANENT EASEMENT AREA hereinafter described. .NOW, THEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States, actual consideration, receipt of which is hereby waived, and in the further consideration of promises and covenants set forth below, the GRANTOR hereby grants and releases unto the TOWN a PERMANENT EASEMENT AND RIGHT-OF-WAY for the ~ following uses and purposes and upon the following terms and conditions: I 1. RECITATIONS INCORPORATED. The recitations above set forth are i i incorporated in this Grant of Permanent Easement for Installation of Potable Water Main as if i fully set forth and recited herein. I 2. GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. ~ 21! The GRANTOR grants unto the TOWN a PERMANENT EASEMENT and RIGHT-OF-WAY under and through those portions of the GRANTOR'S parcels hereinafter described and called the PERMANENT EASEMENT AREA, for the purposes of constnzcting, operating, maintaining, repairing, reconstructing, replacing and inspecting underground pipes, conduits and related appurtenances for the transportation of potable water through the i PERMANENT EASEMENT AREA. The PERMANENT EASEMENT AREA herein is more particularly described on Schedule "A" attached hereto and made a part hereof. j j ~,. I 2.2 The parEtes acknowYetiget~af~~er~'nee o~,_~erct ::off. , ,..., ~.. 'ri .; conferred, herein, the TOWN,' or, its _ agents shall ,remove rall~ee ,,,__sthYn'" ~. .PD.,, .. , , _, EASEMENT. AREA, inc~uduig~one'~F~e euez~ riee „ee , ...; e`~~~an~o,$.. _. i i 2 Revised 1/11/2013 ..., .,. cause the remov.;a~l of the ctiaua'.~~e~~''~~~~~q'~• - ` ~ ~ A the replacement of the fence ff any s q1T"', ,.,;un n ,. Y, G, , .. ~.. ~. w w .,..~ _ ..., : , . ~„_.,, w n ~ror~ons~se~q~,~ ~_., ..: _ ~.~- ti~ , ~ `, .CSI' 2 3 `Iri':addihori "~~ and/or; its agents shall cause the removal o~;~ , , es, ,exc us a ,v, ,,. ,. , ,.,.•:. . - .w trees +alol?g t~iC'Route 9D boundary 4f ;', .'Q `ts~' '....' ~.~..k.,.. : ~. .o,:,ei :... ee:: ., parallel to„Route 9D. ~ ,The GRAITQ'"~Z s ' ` so t ~ „ ,- _ ., .x ~...._ .. .:.., :. .... .. . , ~ -~ ~-~-.~- ~;~~~ ~ __ ? .. ~ ; ., .sinew temporary.easement and,nght-of-way to enter upon GR~/,. ~„:~,'~. ,'~' _.., ,..,," ~ , , _ , __T, .-. 5 renioVing the lees along the Route 9D~oundary'!of'„ ..':.,..,,, . ,_ . ~..,... _......:: _....~.r........,_ .~:~...' -~ The tree removal along the Route 9D bound`ary of C , .;;. ORF''~~.~?. tl ~~o ,:, _ , ,~- - ~- - °, ~~r.r~ ' E ' , vet the same tune. as the tree removal wi~lnn the PERMi°:~ _:_~- paragraph 2 2gb~o -,m.- ~-~- .. :.~ , 2.4 The TOWN shall install,. a wa~r.:tap .l'~?: the ~_. .. ::......">'?~ ',~-:' ,,,. a,~; .~.,~ P,::. x ter AREA. GRANTOR and her successorsn uiteres) sh~ll~aUthzo ccirt„~et_~"~„ t;,.,..~_ tap when the GI2A~j`I~QR S"~?~E~},be~.e,-~o~e~'~?.~'~.' ' ~.:.y r..: 3. ACCESS. This GRANT of PERMANENT EASEMENT shall include, but is not limited to, the following appurtenant rights necessary to effectuate the construction and maintenance of the aforementioned underground potable water pipes, and appurtenances: ~;1~ the right of ingress and egress by person(s), motor vehicles and construction equipment necessary to lay and construct the underground potable water transmission pipes, lines and appurtenances under and through the PERMANENT EASEMENT AREA and to maintain, repair, reconstruct, replace and inspect the same as TOWN may deem necessary or desirable; and 3 Revised 1/11/2013 ~:2 the right to clear, excavate, fill, or grade the PERMANENT EASEMENT AREA and/or otherwise improve the same to the minimum extent necessary for the purposes herein set forth. 4. PROHIBITION OF STRUCTURES AND PLANTINGS. ' 4 ~ The GRANTOR is hereby prohibited from constructing and/or maintaining any i type of permanent structures, including underground pipes or conduits in, on, under or over the PERMANENT EASEMENT AREA without permission of UWWD. In addition, the ~ i GRANTOR is prohibited from planting any trees or shrubs on the surface of the PERMANENT I EASEMENT AREA that will jeopardize the integrity of the WATER MAIN or otherwise I interfere with the ability of the WATER MAIN to transport potable water. 4.2 Notwrtlstandxng .the forgouig the: CSc .: ,~; , ., ... ..~,;,. I --.-; .. i...~......, ..~..m NTAS ~, ' F y " ce°v`~i hh maintain a,.fence" ~thm 'the; Pk~RM_ANE T ~~.`~~~..i..~~. ~.,~.~.._ ..._ . _., rovision's of T0~`WN~ _ _~. ,,., '~"~ w;,~~ p ~' Code Sections'240 21 and 240 ;2;.; re . a.;,~}g: oc_ ~ ,,. :,... ,-... _i ...:©, ~. .., __,';:: fences within' the MOWN. 'The fen~e'sh'b~`-cons,,w~ , .', ._ ,!,n_ „_„~_~_ .; ... _.e~; ~--- I - - b en"~ l-~no deternuned ly the GRANTOR,and the g reex.....; , , .._,;,. _ _ ~. ., i m,° ~ ," In addition, the GRANTOR shall interfere with°~the future maintenance~of'ht_'eY,i~~A,~ .~,„~~,,. be permitted to construct and maintain a paved driveway or plant flowers and shrubs or other I I i plants, within the PERMANENT EASEMENT AREA, provided such plants do not have a root i i system that extends more than ~ inches below surface. 5. RESTORATION. All areas disturbed by the TOWN in furtherance of the rights i i I and privileges conferred by this Grant shall be restored, as reasonably as practicable, to the i condition that existed prior to the disturbance; all black topped areas disturbed shall be repaved and other areas disturbed shall be graded and grass seeded. 4 Revised 1/11/2013 p save and hold 6, INDENINIFICATION. The TOWN shall rotect, indemnify, harmless GRANTOR and GRANTOR'S successors and assigns against and from any and all claims, loss, costs, damages or expenses arising out of or from any accident or other occurrence causing injury to any person or property arising from any act or omission of the TOWN, its agents, employees, contractors or subcontractors, in connection with the construction, installation or maintenance of the potable water main within the PERMANENT EASEMENT AREA. 7. DURATION. This GRANT of PERMANENT EASEMENT and RIGHT-OF- I I WAY, together with the terms, covenants and agreements herein contained shall be binding upon i I the parties hereto, their successors, assigns, heirs, distributees and legal representatives, and ALL COVENANTS HEREIN SHALL RUN WITH THE LAND AFFECTED HEREBY AND ~ SHALL BE PERPETUAL IN DURATION. i IN WITNESS WHEREOF, the GRANTOR and TOWN have executed this instrument I i as of the date first set forth above. GRANTOR(S): BY: HEIDIB.BRYSON ~, TOWN: I TOWN OF WAPPINGER BY AND ON BEHALF OF UNITED WAPPINGER WATER DISTRICT BY: BARBARA A. GUTZLER, Supervisor i 5 -- .-.._-,- -I I~i Revised 1/11/2013 STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss. On the _ day of January, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared HEIDI B. BRYSON personally 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 ) COUNTY OF DUTCHESS ) ss. On the _ day of January, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared BARBARA A. GUTZLER personally 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 instntment, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Record and Return to: ALBERT P. ROBERTS, ESQ. STENGER, ROBERTS, DAVIS 8c DIAMOND, LLP 1136 Route 9 Wappingers Falls, New York 12590 6 EASEMENT TO BE GRANTED TO THE TOWN OF WAPPINGER BY BRYSON T/O of Wappinger Tax Parcel No. 6057-01-040637 MA# W21215.000 10/11/12 ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York and is more particularly described as follows: BEGINNING at a point on the norther{y bounds of New Hamburg Road (A.K.A County Route 28), said point being the southeast corner of the lands, now or formerly, of Jaycox (Deed Liber 1271 Page 755) and the southeast corner. of the herein described parcel, Bryson (Deed Liber 2011, Page 674); thence running northerly along said Jaycox, North 50° 24' 09" East 15.00 feet to a point; thence running easterly through the lands of said Bryson the following two (2) courses: 1. South 49° 03' 25" East 59.41 feet and 2. South 56° 25' 47" East 97.29 feet to a point located on the westerly bounds of N.Y.S Route 9D; thence southerly along the westerly bounds of N.Y.S Route 9D South 65° 31' 49" West 24.95 feet to a point being the Hamburg Roadththence running westerly alongRhetnortherly bounds of saydbNew Hamburg Road the following two (2) courses: 1. North 52° 21' 36" West 130.55 feet and 2. North 39° 38' 31" West 17.89 feet to the point or, place of BEGINNING. Containing 0.061 acres (2,679 square feet) of land, more or less. E etbStategPlaae datum and a].ldbearings8areerelativettontrue north.oBearings in ~ prior title of record references magnetic north. 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