2005-091it
06/27/2005.RGM
RESOLUTION NO. 2005-091
RESOLUTION CONFIRMING LENGTH OF CONSTRUCTION
OF WATER SERVICE LINE FOR WAPPINGER PARK
WATER DISTRICT — EXTENSION II
The following Resolution was introduced by Councilman Valdati and
seconded by Councilwoman McCarthy.
WHEREAS, North American Homes Equities, Inc. of 1136 Route 9,
Wappingers Falls, New York, hereinafter referred to as "North American", is
the contract vendee to purchase certain property located on Route 9 in the
Town of Wappinger, hereinafter referred to as "Corporate Park Properties";
and
WHEREAS, North American has received Conditional Final Site Plan
Approval from the Town of Wappinger Planning Board for a commercial
retail/office building, which Site Plan consists of three buildings, all as set
forth in the Planning Board Resolution of Conditional Final Site Approval
dated January 19, 2005; and
WHEREAS, Heartland, LLC, hereinafter referred to as "Heartland", is the
owner of certain property located at 1271 Route 9, Wappingers Falls, New
York, which property is located to the immediate south of and is contiguous
to the Corporate Park Property; and
WHEREAS, the Heartland parcel contains an Acura dealership consisting of
several buildings and related appurtenances for use as a new car dealership;
and
WHEREAS, the well servicing the Heartland parcel produces water of very
poor quality, requiring significant treatment and monitoring for human
consumption; and
WHEREAS, because of the poor quality of water at the Heartland site,
Heartland has requested to connect to the Town Water System known as
Emergency Wappinger Water Improvement/19992-R (hereinafter referred to
as "1999-20"); and
WHEREAS, both North American and Heartland have mutually petitioned
the Town to extend the Wappinger Park Water District, which Water District
now receives water through 1999-20; and
WHEREAS, North American and Heartland have agreed, at their own
expense, to construct the water supply line from Old Hopewell Road
southward along the westerly side of Route 9 to the Southside of the existing
north entrance to the Heart Acura Dealership, all in accordance with a
certain letter dated June 13, 2005 from Supervisor Joseph Ruggiero to North
American Home Equities, Inc., a copy of which letter is attached hereto and
made a part hereof marked and designated Exhibit "1"; and
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06/27/2005.RGM
WHEREAS, Resolution No. 369-2004 of the Town Board authorized
Extension II to the Wappinger Park Water District to encompass the North
American parcel as well as the Heartland parcel, which Resolution also
authorized the Supervisor to negotiate the length of the water supply line to
be constructed along the westerly side of southbound U.S. Route 9; and
WHEREAS, North American and Heartland have agreed that the
construction of the water supply lines will done in accordance with the Map,
Plan and Report for the Wappinger Park Water District, Extension II, and
the Plans and Specifications approved by the Dutchess County Health
Department and the Engineers to the Town of Wappinger, Paggi, Martin &
Del Bene; and
WHEREAS, North American and Heartland have agreed to enter into a
formal agreement with the Town of Wappinger for the construction of the
water lines in form acceptable to the Attorney to the Town and the Engineer
to the Town and as set forth in the letter dated June 13, 2005, attached as
Exhibit "1"; and
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. Pursuant to Resolution No. 369-2004, the Town Board hereby confirms
that North American Home Equities, Inc. will only be required to construct a
water supply line along the westerly side of southbound Route 9 from Old
Hopewell Road southward to the Southside of the existing north entrance to
the Heart Acura Dealership located on Route 9, all as set forth in the letter of
June 13, 2005 from Supervisor Joseph Ruggiero to North American Home
Equities, Inc., a copy of which letter is attached as Exhibit "1".
3. The Town Board further ratifies and confirms the conditions set forth
in Exhibit "1" and adopts the conditions as if fully set forth in this Resolution.
4. Supervisor Joseph Ruggiero is hereby authorized to enter into a
contract with North American for the construction of the improvements -
specified in the Map, Plan and Report dated October 8, 2001 in connection
with Wappinger Park Water District, Extension II, as modified by the letter
dated June 13, 2005 (Exhibit "1"), all in form as approved by the Attorney to
the Town and the Engineer to the Town.
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
Aye
Maureen McCarthy, Councilwoman
Voting
Aye
Joseph Paoloni, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
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