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A Resolution Authorizing Settlement of Litigation Vincent P. Zitz v. Village of Red Hook

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Inline resolution2023-05-08#13-2023
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A RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION VINCENT P. ZITZ V. VILLAGE OF RED HOOK

Resolution #13-2023 — 2023-05-08

WHEREAS

  • the Village of Red Hook (the "Village") has established a municipal sewer system to serve the Village pursuant to Article 14 of the New York State Village Law (the "Sewer Project")
  • on February 8, 2016, the Board of Trustees of the Village, acting as lead agency pursuant to the New York State Environmental Quality Review Act, determined that the establishment of a municipal sewer system, including among other things, the acquisition of easements and other interests with respect to septic tanks, laterals and property access, would not result in any significant adverse environmental impact, and approved the costs of which are to be assessed upon the lands benefitted
  • a map and plan of the permanent Sewer Project, with plans and specifications for sewage treatment, has been prepared by C.T. Male Associates, dated February 15, 2017, last revised May 8, 2017, entitled, "Map, Plan & Report, Village of Red Hook Sewer System" (the "Map and Plan") and was filed in the Office of the Village Clerk on August 25, 2017
  • to install the facilities as depicted on the Map and Plan (the "Sewer Components"), the Village has attempted to acquire easements over certain properties including the property at 64–66 E. Market Street Red Hook, NY 12571 (Tax Map. No.134801–6272–11–579660) ("the Property") owned by Vincent P. Zitz
  • due to the objective of the Sewer Project to provide sewer service to the Village's central business district, the geography and layout of the Village, and the location of voluntary easements provided by other landowners in the service area, there are no feasible alternate locations for the installation of the Sewer Components within the Sewer Project area other than over said properties
  • a public hearing was held pursuant to Article 2 of the New York State Eminent Domain Procedure Law on August 14, 2018, publication and notice to the property owners was duly performed, and a record of the public hearing is available for review at the Village Clerk's Office and at the Dutchess County Clerk's Office
  • the Board of Trustees of the Village, pursuant to its right to exercise Eminent Domain pursuant to § 402(B) of the Eminent Domain Procedure Law hereby authorized the commencement of an appropriate proceeding against the Property owner for the acquisition of the needed easements for construction of the Sewer Project
  • on May 14, 2020, an order of the Supreme Court Dutchess County, dated May 12, 2020 (Index No. 2019–54342), vesting a permanent easement and a temporary easement in the Village of Red Hook, Dutchess County, New York, to a portion of the Property pursuant to the Eminent Domain Procedure Law, was entered in the Office of the Dutchess County Clerk, and that the said lands were appropriated by filing a copy of a certain acquisition map and description in the Office of the Dutchess County Clerk on July 29, 2020, as map no. 2654A
  • the real property interest acquired is further described as: 1) a temporary easement for the duration of one year over the entirety of the aforementioned parcel for construction of the municipal sewer system; and 2) a permanent 10–foot wide easement extending across the parcel in an east/west direction, as depicted on map no. 2654A, together with a right of access
  • on October 26, 2020, Vincent P. Zitz, filed a Notice of Claim in the Supreme Court Dutchess County, seeking compensation of $125,000.00 for said easements ($25,000 for the value of the easements and $100,000 in compensatory damages)
  • on November 11, 2022, after no further action by Mr. Zitz, the Village filed a Demand for Resumption of Prosecution
  • thereafter Mr. Zitz indicated that he was willing to settle the matter for $2,475.00 which was the original amount offered to him for the easements

RESOLVED

  • Janis M. Gomez Anderson, of counsel to Rodenhausen Chale & Polidoro, LLP is authorized to execute and file the attached stipulation on behalf of the Village
  • Village Treasurer is authorized to issue a check to Vincent P. Zitz in the amount of $2,475.00 in full settlement of this claim