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2007-1492007-149 C0� Resolution Establishing Cranberry Hills Sidewalk 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 July 19th, 2007. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero William H. Beale Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Beale and seconded by Supervisor Ruggiero. WHEREAS, the written Petition of Cranberry Hills LLC dated May 30th, 2007, executed by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC, petitioner and owner of 100% of the Cranberry Hills Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York, requesting the approval of a sidewalk district to be known as the "CRANBERRY HILLS SIDEWALK DISTRICT", which is more particularly described in the Map, Plan and Report for the Cranberry Hills Subdivision dated May 22nd, 2007, prepared by Paggi, Martin & Del Bene, LLP, and filed in the office of the Town Clerk; and WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the Cranberry Hills Sidewalk District", dated May 22nd, 2007, and relating to the establishment of the proposed sidewalk district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and WHEREAS, the aforementioned Map, Plan and Report has been duly filed with the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 25th, 2007, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying July 19th, 2007, as the date, at 6:45 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of such Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting and mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on July 19th, 2007 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition thereto, and Keane & Beane, P.C., appearing on behalf of the Petitioner in favor of the Petition; and WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Cranberry Hills LLC, to construct the improvements set forth in the Map, Plan and Report solely at its own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: 1. The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioner as 100% owner of the property was duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the CRANBERRY HILLS SIDEWALK DISTRICT was signed and acknowledged as required by law and is otherwise sufficient. 5. All the property and property owners within the proposed district are benefited thereby. 6. All the property and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no start up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated annual cost of Operation and Maintenance of the proposed improvements is estimated to be $23,200 resulting in a cost to the typical property therein, equally divided among 232 lots, of One Hundred and 00/100 Dollars ($100.00) per lot for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report, which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the CRANBERRY HILLS SIDEWALK DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the CRANBERRY HILLS SIDEWALK DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said sidewalk district shall be bounded and described as set forth in Exhibit "A" attached to the Petition; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said sidewalk district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Cranberry Hills LLC, wholly at its own expense, and Petitioner has agreed to convey such sidewalk improvements (including curbs) within a subdivision phase to the Town without cost to the Town of Wappinger and/or the CRANBERRY HILLS SIDEWALK DISTRICT, free and clear of any liens or encumbrances once the sidewalk improvements (including curbs) required for a given subdivision phase have been properly constructed to the satisfaction of the Town and at the same time as the proposed roads and rights of way for a subdivision phase are conveyed; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the sidewalk improvements (including curbs) as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom as set forth in the Map, Plan and Report; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Cranberry Hills LLC, for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to § 195 of the Town Law. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: NAY MAUREEN McCARTHY, COUNCILWOMAN Voting: NAY Dated: Wappingers Falls, New York 7/19/2007 The Resolution is hereby duly declared adopted. 4HN C. TERSON, TOWN CLERK