2020-110
2020-110
Resolution Accepting Padasana Court And Related Easements For All Angels Heights Subdivision
Together With Maintenance Agreement Secured By Cash Deposit
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 December 14, 2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
Vote Record - Resolution RES-2020-110
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Mover
The following Resolution was introduced by Casella and seconded by Councilman Phillips.
WHEREAS, R.J.A. HLD. INC. (hereinafter “RJA HLD”) owns a parcel of real property located on the westerly side of All
Angels Hill Road, and
WHEREAS, RJA HLD made application to the Town of Wappinger Planning Board to approve a subdivision of
lands more particularly shown on a subdivision plat entitled “All Angel Heights Subdivision” prepared by Burns
Engineering Services, P.C. dated September 15, 2008 and last revised April 11, 2016, (the “Plat”) and
WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by
Resolution dated November 17, 2014, subject to, and conditioned upon, fulfillment of the conditions set forth in
the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the
aforesaid Plat as required by the Town of Wappinger Subdivision Regulations; and
WHEREAS, the Plat was filed in the office of the Dutchess County Clerk on October 21, 2016 as Filed Map
11701B; and
WHEREAS, by letter dated April 30, 2020, the Engineers to the Town have advised that the construction of
Padasana Court and the related improvements have been completed; and
WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, RJA HLD is required to post a highway
construction guaranty in the form of a bond or performance guarantee in an amount equal to $104,937.08, which is
20% of the cost of construction, to be held for a period of three years to guarantee that any defects of the type
described in §214-76(B) shall be cured but RJA HLD has been unable to do so; and
WHEREAS, the Town Board has determined that is appropriate to accept a cash deposit in the amount of
$34,777.60 in lieu of the required maintenance bond; and
WHEREAS, RJA HLD tendered to the Town of Wappinger a deed for the right of way for Padasana Court from
R.J.A. HLD. INC. together with the associated transfer documents all in recordable form and approved by the
Attorney to the Town, James P. Horan, Esq.; and
WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have recommended that the
Town Board accept Padasana Court as a town;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger
to accept Padasana Court as a Town Highway together with the drainage facilities and other public
improvements located in the highway right of way, except those specifically excepted by the subdivision
plat.
2. The Maintenance Agreement executed by RJA HLD, as Obligor, in favor of the Town of Wappinger, as
Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public
improvements will be free from defects in materials and workmanship for a period of two years from the
date of acceptance by the Town as required by §214-43.
3. The Town Board hereby recognizes that the Town of Wappinger maintains a cash deposit in the amount of
$34,777.60 as a highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code
which shall be held for a period of two years to guarantee that any defects of the type described in §214-
76(B) shall be cured in lieu of a maintenance bond.
4. This acceptance is expressly conditioned upon RJA HLD delivering the right of way and the public
improvements to the Town free and clear of any liens or encumbrances, and upon payment by RJA HLD of
all outstanding fees and escrow reimbursements due to the Town.
5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents
necessary for the recording of the deed and easements from RJA HLD.
6. The Attorney to the Town is directed to cause the deed and easements to be filed in the property records of
the Dutchess County Clerk.
7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the town highway in
his files as required by Highway Law §171(1).
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
12/14/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK