NOTICE OF PUBLIC HEARING
EMINENT DOMAIN PROCEDURE LAW
PLEASE TAKE NOTICE that in accordance with New York Eminent Domain Procedure Law §202, notice is hereby given of a public hearing regarding the proposed Town of Newburgh, Orange County, New York public project consisting of the construction of a lateral water main extension in the right of way of Leary Lane, a private road in the Consolidated Water District in the Town of Newburgh. The public hearing will be held before the Town Board of the Town of Newburgh on the 23rd day of September, 2019, at 7:00 o’clock p.m. at the Town of Newburgh Town Hall located at 1496 Route 300, Newburgh, New York, 12550.
The project includes the construction of a lateral water main extension and appurtenances in the right of way of Leary Lane, a private road, approximately 795 linear feet in length running from NYS Route 17K in the Consolidated Water District in the Town of Newburgh, Orange County, New York to a point in said private road right of way (the “Project”) . The location of the project includes the NYS Route 17K right of way, a New York State owned property, a section of Leary Lane approximately 383 feet in length shown on the tax map for the Town of Newburgh as not part of any Tax Parcel and the following private properties underlying Leary Lane through which the lateral water main will be installed: a portion of Tax Parcel Section 100, Block 5 Lot 16.1, more fully described in Schedule “A” annexed hereto, whose record owner is Boyle, Boyle & Depuy, LLC and Tax Parcel Section 100, Block 5 Lot 16.32, whose record owner is Cesar Cortes.
The purpose of this hearing is to outline the project's public use, benefit, purpose, proposed location and the reason for the selection of that location, and alternate locations, if any; to present other pertinent information, including maps and property descriptions of the properties to be acquired; and to review the general effect of said proposed project on the environment and residents of the locality where the project will be constructed. The project involves, insofar as concerns the Eminent Domain Procedure Law, the Town's proposed acquisition of certain property interests in the above private properties within the Town and its Consolidated Water District. The property interests to be acquired consist of permanent easements for lateral water utility purposes.
Persons may appear in person or by agent or attorney and will be given the opportunity to present oral or written statements and to submit other documents or information concerning the proposed project. The Town has heretofore acquired the necessary easements in Tax Parcel Section 100, Block 5 Lot 16.32 and the section of Leary Lane adjacent to NYS Route 17K.
Owners of property in which the Town proposes to acquire a property interest shall, according to law, receive a copy of this Notice by either personal service or certified mail, return receipt requested. Such property owners who may subsequently wish to challenge condemnation of their property interests via judicial review may do so only on the basis of issues, facts, and objections raised at such hearing.
Dated: August 27, 2019
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF NEWBURGH
Joseph P. Pedi
Town Clerk, Town of Newburgh
Proposed Water Line Easement: 100-5-16.1
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Newburgh, Orange County and State of New York, as shown on a map entitled “Proposed Town Water Easement Plat for The Town of Newburgh, Lands N/F Boyle, Boyle & Depuy, LLC, Parcel ID#100-5-16.1” by Maser Consulting, P.A., dated 2/26/18, and being more particularly bounded and described as follows:
BEGINNING at a point in the division line between lands now or formerly Boyle, Boyle & Depuy, LLC and other lands now or formerly Boyle, Boyle & Depuy, LLC; thence across the lands now or formerly of Boyle, Boyle, & Depuy, LLC South 0°40'48" East 110.71 feet to an iron pipe found in the division line with lands now or formerly Cesar Cortes; thence along said division line North 84°00'38" West 25.10 feet to a point in the division line with lands now or formerly Auto Park Realty, LLC; thence along said division line North 0°38'27" West 110.38 feet to a point; thence South 84°43'58" East 24.99 feet to the point of beginning, containing 2752± square feet or 0.06± acres.