2005-05804/25/2005.RGM
purchase of the aforementioned Grading Easement for Five Hundred Dollars
($500.00) from the property owners, Roger DeVries and Kimberly A. Sterople,
including the coordination and management of the preparation, execution
and recording of the Grading Easement as well as any and all related
activities in furtherance of securing the acquisition of grading easement
rights from the aforementioned owners.
4. Supervisor to the Town, Joseph Ruggiero, is hereby authorized
and directed to take whatever steps are necessary to effectuate the purchase
of the aforementioned Grading Easement, including the authority to execute
a voucher in a sum not to exceed Five Hundred Dollars ($500.00) for fee
disbursement to the aforementioned property owners as well as any
additional sums that may be required to record said grading easement with
the Dutchess County Clerk's Office.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Absent
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-058
L
L RESOLUTION ACCEPTING LETTER OF CREDIT BY A CASH
DEPOSIT POSTED IN CONNECTION WITH THE BLACKWATCH
FARM SUBDIVISION
The following Resolution was introduced by Councilwoman McCarthy and
seconded by Councilman Valdati.
WHEREAS, Blackwatch Development Corp. has made application to the
Town of Wappinger Planning Board to approve a subdivision of lands more
particularly described in a Subdivision Plat entitled "Blackwatch Farm"
prepared by Oswald & Gillespie, P.C. dated June 1, 1999, and subsequently
revised from time to time; and
WHEREAS, title to the property is in the name of Robert V. Oswald, Jr.; and
WHEREAS, the Town of Wappinger Planning Board granted Final
Conditional Subdivision Approval, by Resolution dated May 3, 2004 subject to
and conditioned upon completion of the conditions set forth in the
aforementioned Resolution, and subject to certain improvements being made
and constructed as set forth in the aforesaid Subdivision Map and related
Contract drawings, all in accordance with the Town of Wappinger
Subdivision Regulations, Zoning Code, Highway Specifications, and Rules
and Regulations of the Town, and further subject to the requirements set
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forth in the letter of Paggi, Martin & Del Bene, LLP, Engineer to the Town,
dated March 31, 2004 together with the Schedule of Bond Values; and
WHEREAS, Town Law §277 requires a developer of a proposed subdivision
to guarantee the construction, installation, and dedication of the
improvements required by the Resolution of Subdivision Approval, prior to
issuance of any building permits; and
WHEREAS, to secure the obligation to guarantee the construction,
installation and dedication of the required public improvements and
obligations, Robert V. Oswald, Jr. has executed a Performance Agreement on
April 12, 2005 Secured by a Cash Deposit in the total sum of $705,685 made
by bank checks made payable to the Town of Wappinger as security for the
obligations set forth in the Performance Agreement and which checks have
been delivered to the Town of Wappinger Comptroller; and
WHEREAS, Robert V. Oswald, Jr. hereby agrees to make, construct and
complete the improvements and agrees to perform all of the obligations set
forth in the Subdivision Regulations, Highway Specifications, and Zoning
Law of the Town of Wappinger, including road maintenance and snow
removal in accordance with the standards maintained by the Town of
Wappinger Highway Department and at the direction of the Town of
Wappinger Highway Superintendent, in accordance with the Resolution of
Subdivision Approval dated May 3, 2004, and the letter of Paggi, Martin &
Del Bene, P.C., the Engineer of the Town, dated March 31, 2004, and further
in accordance with the local laws, ordinances, rules and regulations of the
Town of Wappinger within two (2) years from the date hereof; and
WHEREAS, upon construction and completion of the required improvements
and obligations set forth above and upon request of the Town, the
undersigned will dedicate same to the Town of Wappinger, free and clear of
any liens or obligations as set forth in the local laws, ordinances, rules and
regulations of the Town of Wappinger; and
WHEREAS, Robert V. Oswald, Jr. has agreed to secure the obligations as set
forth herein by executing a Performance Agreement Secured by a Cash
Deposit in the sum of $705,685 in favor of the Town of Wappinger; and
WHEREAS, the Performance Agreement executed by Robert V. Oswald, Jr.
further binds his heirs, executors, administrators, successors or assigns for
the faithful performance of his obligations hereunder; and
WHEREAS, Robert V. Oswald, Jr. by execution of the Performance
Agreement acknowledges that if any default remains in the performance of
the obligations created under the terms and conditions of the Performance
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04/25/2005.RGM
Agreement, the lots within the Subdivision will no longer be eligible for
Building Permits until such default is cured.
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 determines that it is in the best interest
of the residents of the Town of Wappinger to accept the
Performance Agreement Secured by a Cash Deposit of $705,685
securing the obligations of Robert V. Oswald, Jr. to guarantee
the construction, installation and dedication of the required
public improvements with respect to Blackwatch Farm
Subdivision.
3. The Town Board hereby accepts the Performance Agreement
Secured by a Cash Deposit of $705,685 by checks made payable
to the Town of Wappinger executed by Robert V. Oswald, Jr. on
the 12th day of April, 2005 and further directs Supervisor Joseph
Ruggiero and Town Comptroller Gerald Terwilliger to deposit
the bank or certified checks made payable to the Town of
Wappinger in the sum of $705,685 as security for the faithful
performance of the obligations secured by and set forth in the
LPerformance Agreement.
The foregoing was put to a vote which resulted as follows:
Joseph Ruggiero, Supervisor Voting Aye
Robert Valdati, Councilman Voting Aye
Vincent Bettina, Councilman Voting Absent
Maureen McCarthy, Councilwoman Voting Aye
Joseph Paoloni, Councilman Voting Aye
The Resolution is hereby duly declared adopted.
RESOLUTION NO. 2005-059
RESOLUTION ORDERING PUBLIC HEARING TO INCREASE
IMPROVEMENT FACILITIES OF THE NORTH WAPPINGER WATER
DISTRICT
The following Resolution was introduced by Councilman Paoloni and
seconded by Councilwoman McCarthy.
WHEREAS, the Town Board of the town of Wappinger, Dutchess County,
New York, has caused to be prepared a map, plan and report, including an
estimate of cost, pursuant to Section 202-b of the Town Law, relating to the
increase and improvement of the facilities of the North Wappinger Water
District of the Town of Wappinger, Dutchess County, New York, to serve
three lots along New Hackensack Road, and which are expected to include
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