2013-1122013-112
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 March 25,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councihnembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
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 Craig
T. O'Donnell (O'Donnell); and
WHEREAS, O'Donnell has requested payment for the Grant of Easement; and
WHEREAS, based on information supplied by the Engineer to the Town and the Town Highway
Superintendent, the acquisition on the easement ftom O'Donnell will result in significant cost savings of
the cost of construction of the water line as well as eliminating the necessity of having to close portions of
Old Troy Road and Wheeler Hill Road during the course of construction; and
WHEREAS, the Town Board has determined that it is in the best interest of the Town to pay for
the Grant of Easement as set forth hereinafter; and
WHEREAS, the Attorney to the Town has prepared a form of 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, together with required recording
documents, by and on behalf of the Town.
3. The Attorney to the Town is further authorized to amend the wording of the Easement
provided the amended wording is substantially consistent with the terms as contained in
Exhibit "1 ".
4. The Town Board hereby authorizes payment to O'Donnell in the sum of Four Thousand,
Four Hundred Thirty-Eight and 35/100 Dollars ($4,438.35), 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.
5. The Town Supervisor and Town Accountant are hereby immediately directed to issue a
check in the amount of Four Thousand, Four Hundred Thirty-Eight and 35/100 Dollars
($4,438.35) payable to O'Donnell for the immediate acquisition of said easement.
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
3/25/2013
The Resolution is hereby duly declared adopted.
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STINE FULTON, TOWN CLERK
GRANT OF PERMANENT EASEMENT
FOR INSTALLATION OF POTABLE WATER MAIN
THIS INDENTURE, made the _ day of , 2013, between
CRAIG T. O'DONNELL
whose address for the purposes of this instrument is
PO Box 310
Hughsonville, New York 12537
(hereinafter referred to [collectively] "GRANTOR"),
and
•TOWN OF WAPPINGER
BY AND ON BEHALF OF THE
UNITED WAPPINGER WATER DISTRICT ("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:
WHEREAS, the GRANTOR is the owner of a parcel of property located on the
northwest side of Wheeler Hill Road in the Town of Wappinger, County of Dutchess, New York,
described in a certain Deed recorded in the Office of the Dutchess County Clerk on January 26,
2004 as Document #02-2004-1324 (hereinafter referred to as "GRANTOR'S PARCEL"); and
WHEREAS, the TOWN has commenced, or is about to commence construction of a 12
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
Department of Environmental Protection ("DEP"), collectively, with the Town of Wappinger on
behalf of the United Wappinger Water District ("UWWD"); and
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WHEREAS, the GRANTOR has agreed to grant to UWWD an easement which 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:
1. RECITATIONS INCORPORATED. The recitations above set forth are
incorporated in this Grant of Permanent Easement for Installation of Potable Water Main as if
fully set forth and recited herein.
2. GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. 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 constructing, operating, maintaining,
repairing, reconstructing, replacing and inspecting underground pipes, conduits and related
appurtenances for the transportation of potable water through the PERMANENT EASEMENT
AREA. The PERMANENT EASEMENT AREA herein is more particularly described on
Schedule "A" attached hereto and made a part hereof.
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:
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(a) 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
(b) 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. The GRANTOR is
hereby prohibited from constructing and/or maintaining any type of permanent structures,
including underground pipes or conduits in, on, under or over the PERMANENT EASEMENT
AREA without permission of UWWD. 1n addition, the GRANTOR is prohibited from planting
any trees or shrubs on the surface of the PERMANENT EASEMENT AREA that will jeopardize
the integrity of the WATER MAIN or otherwise interfere with the ability of the WATER MAIN
to transport potable water. Notwithstanding the forgoing, the GRANTOR shall be permitted to
construct and maintain paved driveways or plant flowers and shrubs or other plants, within the
PERMANENT EASEMENT AREA provided such plants do not have a root system that extends
more than 12 inches below surface.
5. RESTORATION. All areas disturbed by the TOWN in furtherance of the rights
and privileges conferred by this Grant shall be restored, as reasonably as practicable, to the
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.
6. INDEMNIFICATION. The TOWN shall protect, indemnify, save and hold
harmless GRANTOR and GRANTOR'S successors and assigns against and from any and all
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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-
WAY, together with the terms, covenants and agreements herein contained shall be binding upon
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.
IN WITNESS WHEREOF, the GRANTOR and TOWN have executed this instrument
as of the date first set forth above.
GRANTOR(S):
BY:
CRAIG T. O'DONNELL
TOWN:
TOWN OF WAPPINGER BY AND ON BEHALF
OF UNITED WAPPINGER WATER DISTRICT
BY:
BARBARA A. GUTZLER, Supervisor
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STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the day of , 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared CRAIG T. O'DONNELL 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 he/she executed the same in his/her
capacity, and that by his/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 March, 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 instrument, 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, DAMS & DIAMOND, LLP
1136 Route 9
Wappingers Falls, New York 12590
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