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2003-12-08 RGMSUPERVISOR JOSEPH RUGGIERO TOWN OF WAPPINGER SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Monday, December S, 2003 7:30pm Wappinger Town Hall AMENDED AGENDA TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI Call to Order Roll Call, Salute to Flag Suspension of Rules for Public Comment on Agenda Items Public Hearing • Cablevision Memorandum of Understanding • Meadowood Wells Discussions • Evergreen Estates • Return to Work Policy Resolutions: 2003-284 Resolution Authorizing the Execution of the Grant Agreement for the Acquisition for Conservation Easement 2003-285 Resolution Authorizing PO for Camp Refrigerators 2003-286 Resolution Authorizing Farina Application Refund 2003-287 Resolution Authorizing Montegari Escrow Refund 2003-290 Resolution Authorizing Budget Transfers 2003-291 Resolution Authorizing Supervisor to Sign Cablevision MOU New Business/Comments Adjournment 12/08/2003.WS The Workshop Meeting of the Town of Wappinger was held on December 8, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman (arrived at 7:35 p.m.) Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Jay Paggi, Engineer to the Town Al Roberts, Attorney to the Town Graham Foster, Highway Superintendent SUSPENSION OF RULES FOR PUBLIC COMMENT Councilman Paoloni moved to suspend the rules for purposes of public comment on agenda items, seconded by Councilman Colsey and unanimously carried. Cablevision Memorandum of Understanding. Supervisor Ruggiero explained that Cablevision has proposed this Memorandum of Understanding to 15 Municipalities where they would reinstate the local news at a charge of $.58 per month per subscriber for the first two years of the Memorandum of Understanding with the understanding, as revenue sales increase the commercial sales on this news channel, the revenue would offset the anticipated budget of $350,000 to operate the news. Before they can do this, they must collect this $.58 per month. Once all 15 Municipalities sign the Memorandum of Understanding, the public will receive the news in this area within ninety days. Mr. Connor of Cablevision explained that it was over a year ago that Cablevision announced, because of a financial situation they had to cut expenses. In the mean time, customers complained and signed petitions to get the news reinstated. Through Assemblyman Millers office representatives from all the Municipalities and Cablevision came together to explore options to reinstate the news. This is how the Memorandum of Understanding came about. Mr. Connor has had some preliminary meetings with the advertisers, and they anticipate taking off about 25% of the customer contribution in the second year and hopefully the next year even further. At this time, Supervisor Ruggiero opened up the floor for comments from the Public. Ved Shravah, Wappinger Board of Education was in support 12/08/2003.WS of the news channel. He does not feel $.58 is too much. He is requesting the Town Board to support this. Jeff Behnke of 27 Four Wheel Drive is a retired teacher and is also in support of the news channel. He feels this news channel also puts a spotlight on the schools. Bill Egan 140 Diddell wished to confirm his support for the news channel. Paul Aquino of 126 Chelsea Road is in support of having the local news reinstated again. Paul Latino of 14 Adams Street who has been a coach for many years felt that what the local news did for sports was fantastic. He strongly urges the Town Board to reinstate the local news. Vic Fanuele of 12 Wildwood Drive has no problem with a local news program. Why doesn't Cablevision take some of the shopping programs etc. off the air and use some of the money that would be saved to offset the cost. At this time Supervisor Ruggiero wished to have a motion from the Town Board to move Resolution 291 up on the agenda. Councilman Bettina moved to move Resolution 291 up on the agenda, seconded by Councilman Colsey and unanimously carried. RESOLUTION NO. 2003-291 RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN CABLEVISION OF WAPPINGER FALLS, INC. AND THE TOWN OF WAPPINGER The following Resolution was introduced by Councilman Colsey and seconded by Councilman Bettina. WHEREAS, Cablevision of Wappingers, Inc. (hereinafter referred to as "Cablevision") has previously terminated the broadcast of local news on its local programming channel; and WHEREAS, a number of elected officials have requested that Cablevision restore the local news on local programming channel; and WHEREAS, Cablevision has agreed to restore the local news on the local programming channel at a cost not to exceed $350,000, which cost shall be passed through to subscribers at a cost per subscriber of $0.58 per month; and WHEREAS, the Town Board has conducted a Public Hearing on December 8, 2003 at Town Hall at 7:30 p.m. to get public input on the restoration of local news programming at a cost per subscriber of $0.58 per month; and WHEREAS, the Public Hearing was opened and concluded on December 8, 2003; and WHEREAS, Cablevision has submitted a Memorandum of Understanding more precisely defining the terms and conditions under which local news programming will be restored to the local programming channel, a copy of 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into this day of , 2003 (the "Effective Date") by and between the Town of Wappinger ("Franchisor") and Cablevision of Wappingers Falls, Inc. ("Cablevision"); WHEREAS, Franchisor and Cablevision entered into a franchise agreement dated November 15, 1995, pursuant to which Cablevision operates a cable communications system in the Town of Wappinger; and 6w WHEREAS, Franchisor has requested that Cablevision expedite the restoration of local news programming cablecast on the local programming channel; and WHEREAS, Cablevision has agreed to restore such local news programming on the terms and conditions set forth below: I. Local News Programming. a. In response to Franchisor's request and in accordance with the terms and conditions set forth herein, Cablevision agrees to restore the local news programming on its local programming channel within ninety days following its receipt of an acceptable, executed MOU from all of the communities within the Wappingers Falls system as set forth in Exhibit A ("the Wappingers Communities"). b. Franchisor understands and agrees that the restoration of such local news programming shall not take effect unless and until the Wappingers Communities have executed their respective MOUs. H. Pass Through of Costs to Subscribers. a. In consideration of the restoration of its local news programming, Franchisor authorizes Cablevision to pass through on a pro rata basis to its Basic Tier subscribers, and as a line item on subscriber monthly bills, costs related to such local news programming. During the first year of this MOU, such passed through subscriber costs in total shall not exceed three hundred and fifty thousand dollars ($350,000.00). During each successive year of this MOU, such total passed through costs shall not increase by more than two (2) percent per year. b. Local news programming costs to be passed through to subscribers shall be net of advertising revenue received by Cablevision that is associated with such local news programming. Such revenue shall be offset against the total costs passed through to subscribers for the programming year. III. Term & Termination. This MOU shall continue to be in effect until terminated by either Cablevision or the Wappingers Communities as set forth below: a. Cablevision Termination Cablevision may terminate this MOU no earlier than May 31, 2005, upon thirty days prior written notice to Franchisor; provided, however, that in the event that during the term of this MOU, Cablevision .• introduces a regional news program (i.e., News 12) that shall be provided to the Wappingers Communities, then this MOU and all rights and obligations hereunder shall be terminated upon the effective commencement date of such regional news program. b. Franchisor Termination Upon one hundred twenty days prior written notice to Cablevision and commensurate with the unanimous, contemporaneous termination by the Wappingers Communities, Franchisor may terminate this MOU; provided, however, that such termination shall only become effective upon receipt by Cablevision of the written termination by the Wappingers Communities in accordance with their respective MOUS. If any of the Wappingers Communities fails to abide by the terms and conditions of its respective MOU, then this MOU shall be null and void as between Cablevision and Franchisor. IV. Franchise Commitment Franchisor agrees to cause the attached Franchise Renewal Agreement (Exhibit B), to be negotiated and executed by December 31, 2003, on substantially similar terms and conditions. V. Authority By executing below, each Signatory hereto represents that it is authorized to execute this MOU on behalf of its respective party. [FRANCHISOR] CABLEVISION OF WAPPINGERS FALL INC. By: By: Title: Title: Date: Date: EXHIBIT A 1 Wappinger (Town) 2 East Fishkill (Town) 3 Hyde Park (Town) 4 Poughkeepsie (Town) 5 Fishkill (Town) 6 Beacon (City) 7 LaGrange (Town) 8 Lloyd (Town) 9 Plattekill (Town) 10 Wappingers Falls (Village) 11 Cold Spring (Village) 12 Philipstown — North (Town) 13 Fishkill (Village) 14 Nelsonville (Village) 15 Marlborough (Town) III. Term & Termination. This MOU shall continue to be in effect until terminated by either Cablevision or the Wappingers Communities as forth below: a. Cablevision Termination Cablevision may terminate this MOU no earlier than May 31, 2005, upon thirty days prior written notice to Franchisor; provided, however, that in the event that during the term of this MOU, Cablevision introduces a regional news program (i.e., News 12) that shall be provided to the Wappingers Communities, then this MOU and all rights and obligations hereunder shall be terminated upon the effective commencement date of such regional news program. b. Franchisor Termination Upon one hundred twenty days prior written notice to Cablevision and commensurate with the unanimous, contemporaneous termination by the Wappingers Communities, Franchisor may terminate this MOU; provided, however, that such termination shall only become effective upon receipt by Cablevision of the written termination by the Wappingers Communities in accordance with their respective MOUs. If any of the Wappingers Communities fails to abide by the terms and conditions of its respective MOU, then this MOU shall be null and void as between Cablevision and Franchisor. IV. Franchise Commitment Franchisor agrees to cause the attached Franchise Renewal Agreement (Exhibit B), to be negotiated and executed by December 31, 2003, on substantially similar terms and conditions. V. Authority By executing below, each Signatory hereto represents that it is authorized to execute this MOU on behalf of its respective party. [FRANCHISOR] By: Title: Date: CABLEVISION OF WAPPINGERS FALL INC. Title: Date: EXHIBIT B Franchise Agreement 12/08/2003.WS said Memorandum of Understanding is attached hereto and made hereof marked and designated Exhibit "A"; and WHEREAS, one of the conditions contained in the Memorandum of Understanding is that the Town of Wappinger will cause the proposed Franchise Renewal Agreement between the Town and Cablevision to be negotiated and executed by December 31, 2003, which condition the Town Board hereby determines to be objectionable. 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 Paragraph IV "Franchise Commitment" is objectionable and hereby determines that the same is to be deleted from the Memorandum of Understanding. 3. The Town Board hereby approves the Memorandum of Understanding with Paragraph IV "Franchise Commitment" deleted and, as amended, herby authorizes Town Supervisor, Joseph Ruggiero to execute said Memorandum of Understanding by and on behalf of the Town of Wappinger with the understanding that Paragraph IV in said Memorandum shall be deleted. 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. PUBLIC HEARING: • Meadowood Wells DISCUSSIONS: • Evergreen Estates. Jay Paggi, Engineer to the Town explained that the Evergreen Estates is a subdivision off Old Myers Corners Road. Although the road had been complete for the last two years it has not been offered for dedication and has been maintained by the developer. In his opinion the work that has been done is complete and it is his recommendation and Mr. Fosters that the Town take over the road. There were two administrative items that needed to be completed. They are the preparation of the small deed description of a parcel of land that will not be necessary for the town to take. He has prepared that deed description and transmitted that to Mr. Roberts on December 3rd. The second administrative item is the installation of 3 12/08/2003.WS four concrete monuments which delineate the area that the town will actually own. That work is scheduled to be done. He would recommend that the board accept the road subject to the installation of the concrete monuments. Councilman Bettina moved to accept the road in Evergreen Estates as a Town Road, subject to the installation of the four concrete monuments, seconded by Councilman Bettina and unanimously carried Return to Work Policy. Jay Renfro of Al Roberts office explained that he had the opportunity to review some literature relating to PERMA'S Transitional Duty Program. This is a return to work program designed to return injured employees to the workplace as soon as medically able. He went over the reasons for implementing the Transitional Duty Program and the steps required for the implementation of the Program. RESOLUTION NO. 2003-284 RESOLUTION AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT FOR THE ACQUISITION FOR CONSERVATION EASEMENT The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, in 1998, the Town acquired property then known as the Greystone Estate and now known as the Carnwath Estate located on Wheeler Hill Road in the Town with frontage along the Hudson River; and WHEREAS, the property consists of approximately 99.5 acres of land, portions of which are improved by a 19th century mansion, a dormitory building, a large chapel, a carriage house and other related buildings and detached structures; and WHEREAS, the Town has made application to the County of Dutchess for a Grant to defray the cost of the purchase of this property through the Dutchess County Open Space and Farmland Protection Matching Grant Fund for $280,000; and WHEREAS, Dutchess County has approved a grant of up to $280,000, representing up to one-third of the acquisition cost of purchasing this land by the Town; and WHEREAS, as a precondition to receiving such Grant, the Town must execute a "Grant Agreement For The Acquisition Of Conservation Easement" in the form attached hereto marked and designated as Exhibit "1" as well as execute a Conservation Easement in the form attached as Exhibit "A" to the aforementioned Grant Agreement; and 4 12/08/2003.WS WHEREAS, by Resolution No. 2003-175 adopted on June 23, 2003, the Town Board expressed its intention to impose a Conservation Easement on a portion of the Carnwath Estate property, excluding approximately 20 acres from the Conservation Easement; and WHEREAS, Resolution No. 2003-175 was amended by Resolution No. 2003- 238 which determined that it will only be necessary to exclude approximately 7 acres from the Conservation Easement; and WHEREAS, the Town has now determined that it will only be necessary to exclude approximately 6 acres from the Conservation Easement; and WHEREAS, the Town Board wishes to authorize the Supervisor to execute the "Grant Agreement For The Acquisition Of Conservation Easement" in the form attached as Exhibit "1" hereto; and WHEREAS, the Town Board wishes to impose the Conservation Easement in the form required by the County of Dutchess as more fully set forth in Exhibit "A" attached to Exhibit "1" attached hereto and made a part of this Resolution; and WHEREAS, the Attorney to the Town has approved the form of the "Grant Agreement For The Acquisition Of Conservation Easement" as well as the Conservation Easement Deed as prepared and presented by the Dutchess County Attorney's Office and all as set forth in Exhibit "1" attached hereto. 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 only approximately 6 acres of land of the Carnwath Estate will need to be excluded from the Conservation Easement with the remainder of the property known as the Carnwath Estate to be subject to the covenants, terms and conditions of the Conservation Easement as set forth in Exhibit "A" attached to Exhibit "1" hereto. 3. The Supervisor to the Town is hereby authorized to execute the "Grant Agreement For The Acquisition Of Conservation Easement" in the form attached hereto as Exhibit "1". 4. The Town Board hereby ratifies, confirms and adopts the actions of the Supervisor in executing the "Grant Agreement For The Acquisition Of Conservation Easement" on December 2, 2003 and forwarded the same to the County of Dutchess in order to expedite and facilitate the prompt payment of the grant monies to the Town. 5. The Town Board hereby dedicates that portion of the Carnwath Estate property containing approximately 94.259± acres and more 5 12/0812003.WS particularly described in Exhibit "2" attached hereto, after imposition of the Conservation Easement, as "Park Land" subject to the terms and conditions of the Conservation Easement referred to above. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert Valdati, Councilman Voting Vincent Bettina, Councilman Voting Christopher Colsey, Councilman Voting Joseph Paoloni, Councilman Voting The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-285 Aye Aye Aye Aye Aye RESOLUTION TO AUTHORIZE A PURCHASE ORDER FOR REFRIGERATORS FOR TOWN CAMPS The following Resolution was introduced by Councilman Valdati and seconded by Councilman Bettina. WHEREAS, the Recreation Committee has recommended the purchase of four new refrigerators for the Town Camps, and WHEREAS, the Recreation Commission received bids as follows: Statewide $2,540.00 Home Depot Not Available Lowes Not Available WHEREAS, the Recreation Committee has requested a purchase order in the amount of Two Thousand, Five Hundred Forty Dollars ($2,540.00) payable to Statewide 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. A purchase order is hereby authorized in the amount of Two Thousand, Five Hundred Forty Dollars ($2,540.00) payable to Statewide from Account B-7310.4, in accordance with a letter dated November 21, 2003 from Ralph Holt, Recreation Chairman, to the Town Board. The foregoing was put to a vote which resulted as follows: Joseph Ruggiero, Supervisor Voting Robert Valdati, Councilman Voting Vincent Bettina, Councilman Voting Christopher Colsey, Councilman Voting Joseph Paoloni, Councilman Voting The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-286 6 Aye Aye Aye Aye Aye M GRANT AGREEMENT FOR THE ACQUISITION OF CONSERVATION EASEMENT THIS AGREEMENT, made this day of , 2003 by and between the TOWN OF WAPPINGER, a municipal corporation with offices located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as "the Owner"), and the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601, (hereinafter referred to as "the County"). WITNESSETH: WHEREAS, the Owner owns a parcel consisting of approximately ninety-nine (99) acres located ,on the south side of Wheeler Hill Road adjacent to the Hudson River in the Town of Wappinger, Dutchess County, New York and desires to convey a conservation easement on approximately 95 acres thereof (the Protected Property) to the County, and to dedicate that same land as parkland devoted to public open space, and WHEREAS, the County is making a "matching share" grant pursuant to the Dutchess County Partnership for Manageable Growth/Open Space and Farmland Protection Matching Grant Program to the Owner; and WHEREAS, the County wants to acquire the conservation easement as hereinafter provided. now, therefore, the parties agree as follows: 1. CONVEYANCE OF CONSERVATION EASEMENT. The Owner agrees to convey to the County, and the County agrees to accept from the Owner, a conservation easement on the Protected Property upon the terms and conditions hereinafter set forth. The conservation easement shall be substantially in the form attached to this Agreement as Exhibit "A," and as further provided by Dutchess County Resolution No. 2. GRANT PAYMENTS. To help fund the purchase cost for the Protected Property incurred by the Owner, the County shall pay to the Owner approximately $280,000 (up to one-third of the acquisition costs) as a "matching share" grant towards the payments made by the Owner to acquire the Protected Property of approximately EIGHT HUNDRED THOUSAND and 00/100 (5800,000.00) DOLLARS, plus related acquisition costs. 3. CLOSING. The closing shall take place at the Dutchess County Office Building, 22 Market Street, Poughkeepsie, New York 12601 at such time as the parties mutually agree, promptly after funds are made available or otherwise confirmed therefore, from the Dutchess County Partnership for Manageable Growth/Open Space and Farmland Protection Matching Grant Prograin. 4. CONTINGENCIES. This Agreement, and the closing are subject to the following contingencies: R-0771 i ` (a) Approval of the proposed conservation easement (Exhibit "A") and related closing documents by the Dutchess County Open Space and Farmland Protection Matching Grant Program. (b) Conveyance of title satisfactory to the Dutchess County Open Space and Farmland Protection Matching Grant Program subject only to utility company rights, licenses and/or easements to maintain pole, lines, wires and other installations presently servicing the property providing same do not, in the judgment of funding agencies, significantly impede the purposes of the conservation easement or significantly reduce its value. (c) Any documentation, approvals or consents as may be required by the Dutchess County Open Space and Farmland Protection Matching Grant Program in order to comply with Program requirements. (d) The Property shall be conveyed, free of all mortgages and encumbrances of any nature whatsoever or they will be subordinated to the conservation easement to the satisfaction of the Dutchess County Open Space and Farmland Protection Matching Grant Program. (e) Receipt of a survey of the entire Property (approximately ninety-nine acres), showing both the Protected and Retained Property, certified to the County and paid for by the Owner at no cost to the County. 1%W 5. CANCELLATION. If the contingencies set forth in Section 4 are not satisfied, the County may cancel this Agreement on written notice to the Owner and neither party will have any claim pr cause of action against the other arising out of this Agreement. 6. OWNERS' REPRESENTATIONS. The Owner represents that it has, and will have at the closing, the power, and if applicable, corporate authorization, to convey the conservation easement to the County and that the Owner is not aware of any actions or proceedings which affect the Owners' title to the property and that there are not uncured notices which have been served upor. the Owner by any governmental agency, notifying the Owner of any violations of law, ordinance or regulation which would affect the Property, or actual impending mechanics liens against the Property. Owner has not entered into, or does there exist any license, lease, option. right of first refusal or other agreement, which affects title of the Property. Owner has no knowledge of any condition at, on, under or related to the Property presently or potentially posing a significant hazard to human health or to the environment (whether or not such condition constitutes a violation of law that would result in liability to the Owner or the County under any Federal, State or local environmental laws). Should any of the above representations or warrantees cease to be true at any time prior to the closing, Owner shall immediately so advise the County in writing, except in so far as Owner has advised the County to the contrary, each of the above representations arid warrantees shall be deemed to have been made as of the closing and shall survive the closing. 7. NO BROKERS COMMISSION. Each of the parties represents no broker was used in connection with this Agreement or with any of the transactions contemplated herein. R-0771 2 cm 8. SEVERABILITY. Each provision of this Agreement is severable from any and all other provisions of the Agreement. Should any provision of this Agreement be, for any reason, unenforceable, the parties shall negotiate an equitable adjustment in the provisions of this Agreement with a view to efficating the purpose of this Agreement and enforceability of the remaining provisions of this Agreement shall not effected thereby. 9. TERMINATION. If the parties have not successfully closed this matter by July 2004, this contract shall be deemed terminated and neither party shall have any claim or cause of action for damages against the other arising out of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: ACCEPTED:COUNTY OF DUTCHESS County Attorney's Office APPROVED AS TO CONTENT: Commissioner of Planning & Development STATE OF NEW YORK SS: COUNTY OF DU TCHESS William R. Steinhaus, County Executive TOWN OF WAPPINGER BY. J s ph Ru giero, Supervi. r On this day of 2003, before me. the undersigned, a Notary Public in and for said Stale, pe sonally appeared WILLIAM R. STEINHAUS, pe zonally known to me or proved tc) me on the basis of sadsfactor. evidence to be the individual whose name is subscribed to die within instrument and acknowledged to me that he executed the same in his/her capacity, and teal by his signature on she instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK SS: COUNTY OF DUTCHE S ) On this day of aaa-4-7 2003, before toe, the undersigned, a Notary Public in and for said State, personally appeared Joseph Ruggiero, personally known to me or proved to the on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his/her capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. R-0771 W-- AO " - - 1 11 Notary Public ALBERT P. ROBERTS NOTARY PUBLIC, State of New York Qualified in Dutchess County Commission Expires Feb. 28, 20 00 3 `'fir CONSERVATION EASEMENT DEED THIS GRANT OF CONSERVATION EASEMENT, made this day of , 2003 by and between the TOWN OF WAPPINGER, a municipal corporation with offices located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as "the Grantor"), and the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601, (hereinafter referred to as "the Grantee"). WITNESSETH: WHEREAS, Grantor is the Owner in fee of real property 'Known as the Carnwath Estate (hereinafter referred to as "the Property"); and WHEREAS, the Property consists of approximately 99.5 acres located along Wheeler Hill Road in the Town of Wappinger, Dutchess County, New York with vistas and scenic views of the Hudson River, and WHEREAS, the Property is improved with several buildings, a 19`h Century mansion, a large dormitory building, a large chapel building, carriage house and other related buildings; and VAW WHEREAS, the Grantor wishes to impose a Conservation Easement on a porion of the Property consisting of approximately 95 t acres of land (the Protected Property), and retain all rights on the remaining 6 acres of the Property (the Retained Property) all more particularly described in Exhibit "A" attached hereto and incorporated by reference in this conservation easement, and WHEREAS, the Protected Property and the Retained Property are shown on a Conservation Easement map attached hereto as Exhibit "B" and incorporated by reference, and on a survey map entitled "Conservation Easement from Town of Wappinger" prepared by Paggi, Martin & Del Bene, last revised and filed in the Office of the Dutchess County Clerk simultaneously with this Indenture granting a Conservation Easement as Map No. ; and WHEREAS, the Protected Property. possesses significant recreational, scenic, historical and open space features and values; and WHEREAS, the Grantor is, as of the date hereof with the granting of this conservation easement, confirming its commitment to dedicate, develop, preserve, maintain, operate and provide for the public's use and enjoyment of the Protected Property; and WHEREAS, the County has awarded the Grantor a grant under the provisions of the Dutchess County Partnership For Manageable Growth/Open Space and Farmland Protection Matching Grant Fund, and EXHIBIT "A" TO GRANT AGREEMENT R-0771 4 RM, WHEREAS, the Protected Property will be dedicated as a public park to be devoted to the preservation of the view -shed of the Hudson River and its environs from the Protected Property and to public open -space purposes, and for outdoor recreational uses, including hiking, as part of the Greenway Trail System or otherwise; and WHEREAS, Grantor has agreed to place restrictions on the Protected Property as part of its transaction with Grantee, while retaining the use of the Protected Property as a public park as defined above; and WHEREAS, the State of New York has enacted Article 49, Title 3 of the Environmental Conservation Law (as the same may be amended, "Article 49") to provide for the limitation and restriction of development, management and use of real property by Conservation Easement; NOW, THEREFORE, in consideration of the facts above recited and of the mutual covenants, terms, conditions and restrictions herein contained and other good and valuable consideration, Grantor does hereby grant and convey to Grantee, its successors and assigns forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terms, covenants and obligations on Grantor's part to be observed and performed and Grantee's rights to monitor and enforce same, all as hereinafter set forth, over and across the Protected Property (the "Easement"). 1. Purpose. The purpose of this Easement is to grant to Grantee certain rights to restrict the use and development of the Protected Property to protect in perpetuity its view -shed of the Hudson. River and environs, its topography and to the extent compatible therewith, the use of the Protected Property for the purposes of a Public Park dedicated to public open space for outdoor recreational uses including hiking as part of the Greenway Trail System or otherwise, and through such protection, enhance, preserve and protect said Park, its view -shed and topography for the use and enjoyment of the public. The Grantor shall, subject to reasonable terms and conditions, make the Protected Property available to the Greenway Trail System or its successor and other local trail system(s) for use by the general public. In all respects Dutchess County residents shall be treated in the same manner as residents of the Grantor with regard to the use and enjoyment of the Protected Property. 2. Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose of this Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof. (a) Any commercial, industrial or residential uses of the Protected Property. (b) The construction, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, 1%W roadways, dishes, fences, docks or other structures or improvements of any kind or R-0771 5 ,tap''' nature whatsoever on or over the Protected Property, except solely the Permitted Improvements and rights (as defined in subparagraph 4 hereof). (c) Disturbances of the Protected Property's topography, including but not limited to dredging, mining, filling, excavation, grading, removal of topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the Permitted Improvements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. 3. Affirmative Rights Conveyed. (a) Grantee and its duly authorized representatives shall have the right to enter the Protected Property at reasonable times for inspection purposes as contained in Paragraph 6. (b) Grantee shall have the right to review any plans for development, construction or installation of structures or improvements on the Protected Property and the right of approval with respect 'thereto which right of review and/or approval shall be undertaken within thirty days by the Dutchess County Department of Planning or VAW any successor organization or department, which right of review and/or approval shall not be unreasonably or arbitrarily withheld. 4. Retained Rights of Grantor. Subject to the purpose and provisions of this Easement, including without limitation the provisions of Paragraphs 2 and 3 hereof, and to conditions set forth below, Grantor reserves and retains all customary rights of ownership in the Protected Property to the extent such rights are exercised in a manner which is not inconsistent with the purpose of this Easement, including, but not limited to: (a) The right to construct .and maintain the following Permitted Improvements on the Protected Property: Signs or Kiosks for educational, interpretative or public safety purposes. Any such signs or kiosks shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural and historic significance. ii. Roads, walkways, pathways, trails, benches, gardens, farm fields, and related amenities on the Protected Property so long as their design and layout will not, either individually or collectively, have a significant adverse impact upon the Protected Property and its view -shed, vegetation and landscape and provided that such design, layout and materials are consistent with the use and character of the site as a preserved open space R-0771 6 % pe having scenic, recreational, horticultural, agricultural, historic and cultural significance. Any walkways constructed on the Protected Property shall be accessible in accordance with the standards of the Americans with Disabilities Act. iii. Permanent or temporary fences or other barriers as may be necessary to provide adequate protection for the Protected Property or for the purposes of public safety, or a public park, provided however, that such barriers shall not restrict public access to the Protected Property. iv. An amphitheatre for the performing arts, related purposes and activities on an area of the easterly portion of the Protected Property (east of the access way) where the natural topography will lend itself to such purposes with minimal disturbance to the natural topography, so long as they shall not have a significant adverse impact upon the Protected Property, its view shed, vegetation and landscape, and provided that they are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. v. Structures, barns, buildings and recreational facilities for auxiliary park purposes consistent with the purposes of this easement and provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. vi. Roads and parking for those using the Protected Property for the purposes provided herein. provided the parking and roads shall be of a design, size, materials and content that is consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. (b) The right to conduct: i. Festivals and other temporary public gatherings, educational and cultural activities on the Protected Property so long as those activities will not have a significant adverse impact upon the Protected Property and its view - shed, vegetation and landscape and provided that such activities are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. ii. Scientific or archeological activities which pertain to the study and propagation of the vegetation located on the Protected Property, or to the historic significance of the Protected Property, provided that such �" activities will not significantly adversely impact the vegetation, landscape or Protected Property and are consistent the use and character of the site as R-0771 7 a preserved open space having scenic, recreational horticultural, agricultural, cultural and historic significance. iii. Farming activities on existing fields provided such activities will not have a significant impact upon the Protected Property and its view -shed, vegetation and landscape and provided that such activities are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural and historic significance. (c) The right to plant, grow, trim and remove trees and plants on the Protected Property, so long as any new vegetation planted on the Property will not have any adverse impact upon the Protected Property and its view -shed, and provided such vegetation is consistent with the use and character of the site as a preserved open space having scenic, recreational horticultural, agricultural and historic significance. (d) The right of ingress and egress to and from the Retained Property for itself, its lessees, tenants and their guests and invitees, successors and assigns, over and across the access way which extends from Wheeler Hill Road to the Retained Property specifically including access to Areas 1 (4.729+/-), 2(0.195+/-), 3(0.121+/-), and 4(0.330+/-) as shown on Exhibit B. (e) The right to remove and/or maintain, reconstruct, rehabilitate and expand existing I%W structures, buildings and appurtenances for part: purposes, provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, _recreational, horticultural, agricultural, historic and cultural significance. (f) The right to utilize and maintain existing wells and sanitary systems and to constrict new wells and sanitary systems to provide for the needs of the Retained Property, provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. (g) The right to utilize and maintain existing utilities to provide for the needs of the Retained Property, provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. (h) The right to install, maintain and reconstruct underground utilities for the needs of the Retained Property in or adjacent to the access way, which extends from Wheeler Hill Road to the Retained Property. 5. Public Access. ' R-0771 8 '40r There shall be public access to the Protected Property, except that access to those areas customarily used for administrative, maintenance, safety and public health purposes, may be restricted. Grantor may promulgate rules and regulations regarding hours of use for the public. 6. Inspection. Grantee and its authorized agents, employees and representatives shall have the right to enter the Protected Property upon reasonable notice to Grantor, at such times during normal business hours and in such manner as will not unreasonably interfere with Grantor's use of the Protected Property in accordance with this Easement, to examine and inspect the Protected Property to ensure there are no violations, breaches or defaults of any term, provision, covenant or obligation on Grantor's part to be observed or performed under this Easement. 7. Enforcement Rights of Grantee. Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 30 days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which requires immediate action to protect the purpose of this Easement) Grantee shall have the right (a) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or 1%W permanent injunction, or (b) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach. default or violation of any term, condition, covenant or obligation under tills Easement. 8. Baseline Data. In order to establish the present uses and condition of the Protected. Property so as to be able to properly monitor its future uses and condition and assure compliance with the terms hereof, Grantor will make available to Grantee existing documentation in its possession of the natural condition of the Protected Property and Grantee have caused to be prepared such additional documentation deemed appropriate by Grantee, including a survey of the Protected Property showing its relationship to adjacent features and properties, and on-site photographs. The aforementioned documentation shall constitute an inventory of the Protected Property's relevant features and conditions (the "Baseline Data"). The Baseline Data shall be kept on file at Grantee's offices and shall be accessible to the Grantor upon reasonable notice during normal business hours. The parties acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the present uses or condition of the Protected Property, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other evidence to assist in the resolution of the controversy. To the extent Grantor and Grantee have initialed the Baseline Data, such Baseline Data shall be presumed to be a correct depiction of the Protected Property as of the date hereof. R-0771 9 On 9. Grant in Perpetuity. (a) The provisions of this Easement shall run with and be a burden upon the Protected Property in perpetuity and shall be binding on Grantor and Grantee and their respective successors and assigns, and any party entitled to possession or use of the Protected Property while such party is entitled to such possession or use. Any successor or assign of Grantee shall be a qualified organization within the meaning of Article 49 and shall expressly assume the obligation to carry out the conservation purpose for which this Easement is granted and the other obligations of Grantee hereunder. (b) If Grantee or its successor or assign, ceases or fails (i) to enforce this Easement, (ii) to exist, or (iii) to be a Qualified Organization, and upon the occurrence of such event, fails to assign all its rights and interest in the Protected Property, and delegate all their responsibilities under this Easement to a Qualified Organization, then the rights and interest of Grantee under this Easement shall be vested in another Qualified Organization in accordance with a Cy -Pres proceeding of a court of competent jurisdiction. 10. Amendment. This Easement can be modified only in accordance with the common and statutory law of the State of New York applicable to the modification of easements or covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement including requirements imposed on Grantor pursuant to licensing procedures or any authorized governmental licensing or permitting agency. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the purpose of the Easement provided, however, that the parties shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, any regulation issued pursuant thereto, and provided further that Grantee shall agree to the modification of this Easement to conform to such licensing procedures or any other authorized governmental licensing or permitting agency. 11. Notice. All notices required by this instrument must be in writing, and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Notices to Grantor and Grantee shall be addressed to their respective addresses as set for the above, or to such other addresses as they may designate by notice given in accordance with this Paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this Paragraph. Notice shall be deemed given and received as of the date of its personal delivery or the date of its mailing in accordance with this Paragraph. R-0771 12. Cooperation Agreement. 10 'rr► Grantor and Grantee agree to cooperate to comply with the provisions of Article 49, and the Regulations promulgated pursuant thereto, so that this Easement will qualify, as a perpetual conservation restriction, thereunder. 13. Indemnification of Grantee. Grantor agrees that Grantee has no affirmative obligation relating to maintenance of the Protected Property. Grantor further agrees that Grantee has no responsibility relating to costs, claims or liability arising from personal injury, accidents, negligence, or damage to Protected Property resulting from public or private use of the Protected Property allowed by, arising out of, or resulting from this Easement. Grantor shall indemnify, hold harmless, defend and reimburse the Grantee from and against any and all claims, actions, suits, damages, liabilities, penalties, costs or expenses, including reasonable attorneys' fees, of any kind or nature whatsoever on account of injuries to or death of any person or damage to any Protected Property arising out of Grantee' ownership of this Conservation Easement. 14. Grantor's 'Title. Grantor represents and warrants to Grantee (a) that Grantor is seized of the Protected Property in fee simple, and (b) that Grantor possesses full corporate rights and authority to grant and convey this Easement pursuant to this instrument. 15. Grantee' Representations. Grantee represents and warrants that it is a Qualified Organization. 16. Further Conveyance Ey Grantor. The restrictions on alienation provided for in this easement are in addition to those otherwise imposed on the alienation of parkland. 17. Miscellaneous. (a) This Easement shall be binding on the parties and their respective successors and assigns. The terms "Grantor" and "Grantee", wherever used herein, and any pronouns used in place thereof, shall mean and include their respective successors and assigns. (b) If any provision of this Easement or the application hereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. (c) In enforcing its rights hereunder with respect to a breach, default or violation of this Easement, Grantee shall take into account the reasonableness of requiring Grantor to cure the same and the time required to restore the Protected Property under the relevant circumstances, including but not limited to the season of the year and the accessibility of the Protected Property to Grantor. R-0771 11 r (d) All captions set forth herein are for convenience of reference only, and shall in no event be construed to limit, enlarge or modify any substantive provision of this Easement. 'fir 18. Transfer of Development Rights. No development rights in and to the Protected Property, or any part thereof which have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights. 19. Extinguishment. If a subsequent unexpected change in the conditions surrounding the Protected Property make impossible the falfillment of the conservation purposes of this Conservation Easement, and if the restrictions are extinguished by judicial proceeding, then, upon any subsequent sale, exchange or involuntary conversion. by the Grantor, the Grantee herein shall be entitled to share in such transaction in such proportion as the dollar amount of its respective grant bears to the total appraised value of the Protected Property. It is agreed the Grantee's share of such proceeds as referenced above shall be thirty three (33%) percent. R-0771 12 1w IN WITNESS WHEREOF, Grantor has executed and delivered this Deed of Conservation Easement as of the date first set forth above. GRANTOR: Town of Wappinger Bv. x Joseph Ruggiero, ^Supervisor GRANTEE: County of Dutchess William R. Steinhaus, County Executive STATE OF NEW YORK j ) SS.: COUNTY OF DUTCHESS ) On this day of in the year 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH RUGGIERO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ) SS.: COUNTY OF DUTCHESS ) On this day of in the year 2003, before me, the urdemigred. a Notary Public in and for said State, personally appeared WILLIAM R. STELNHAUS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual vritose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the inuividuai acted, executed the instrument. Notary Public R-0771 13 M Lands of the Town of Wappin,ger Conservation Easement 94.259 :�: Acre Parcel Town of Wappinger Dutchess County, New York Beginning at a point, said point being distant: North 70 ° 44' 00" East 172.80 feet from the northwesterly corner of Lot No. 19 as shown on a map entitled, "Riverdale Subdivision" on file in the Dutchess County Clerk's Office as File Map No. 5422, said point of beginning being at the southeasterly corner of lands now or formerly Central Hudson Gas & Electric Corp., Liber 663, Page 412; thence leaving said point of beginning and said southeasterly corner and running along the easterly line of said Central Hudson Gas & Electrical Corp., North 28° 23' 15 " West 1218.16 feet to a point being at the northeasterly corner of said Central Hudson Gas & Electric Corp., said point also being on the easterly line of lands now or formerly Metropolitan Transit Authority; thence leaving said northeasterly corner and running along the easterly line of said Metropolitan Transit Authority the following courses and distances: North 35° 22' 30" East 58.70 feet and North 26° 29' 15" East 32.98 feet, North 52° 05' 20" East 334.01 feet, North 40° 31' 10" East 588.09 feet, North 48° 09' 50" West 67.02 feet, North 401 31' 40" East 51.15 feet, North 540 51' 35" East 44.39 feet, North 41° 13' 20" East 57.00 feet, North 470 31' 50" East 100.75 feet, North 43° 05' 35" East 100.10 feet, North 41 °13' 00" East 75.00 feet, North 320 45' S0" East 25.22 feet, North 400 48' 10" East 100.01 feet, North 31° 27' 55" East 168.19 feet, North 40° 31' 10" East 100.00 feet on a curve to the left having a radius of 6,238.00 feet and an arc length of 460.02 feet (cord = North 380 24' 25" East 459.92 feet), South 530 42' 20" East 40.00 feet and North 35" 35' 10" East 92.15 feet to a point being at the southwesterly corner of lands now or formerly Kemmis (File Map N0.6796); thence leaving said easterly line of Metropolitan Transit Authority and said southwesterly corner and running along the southerly line of said Kemmis, South 60° 53' 40" East 502.42 feet to a point being on the southerly line of other lands of Kemmis, Liber 1231, Page 202, said point also. being on the easterly face of a stonewall fence; thence running along the southerly line of said Kemmis along said stonewall face, South 190 12' 00" East 60.00 feet to a point being at the southeasterly corner of said Kemmis, said point also being on. the westerly line of Wheeler Hill Road; thence leaving said southeasterly corner and running along the westerly line of said Wheeler Hill Road, South 190 12' 00" East 6.27 feet; thence continuing along the easterly line of said Wheeler Hill Road, South 18° 32' 15" East 15.92 feet to a point being in a stonewall fence; thence continuing along the westerly line of said Wheeler Hill Road along said stonewall fence the following courses and distances: South 190 3 1' 20" East 21 7.55 feet, South 170 5 7' 05" East 63.66 feet, South 19° 04' 55" East 535.56 feet, South 190 36' 00" East 277.12 feet and South 200 51' 10" East 7.16 feet; thence leaving said stonewall fence and continuing along the easterly line of said Wheeler Hill Road, South 70° 26' 25" West 10.96 feet, South 200 54' 35" East 476.83 feet and North 70° 25' 35" East 10.76 feet to a point being in the aforementioned stonewall fence; thence continuing along the easterly line of said Wheeler Hill Road along said stonewall fence the following courses and distances: EXHIBIT "A << Vkv, South 190 19' 15" East 157.17 feet, South 210 08' 05" East 183.96 feet and South 190 56' 45" East 60.09 feet to a point being at the northeasterly corner of lands now or formerly Vitale, Liber 1497, Page 798; thence leaving said westerly line of Wheeler Hill Road and said northeasterly corner and running along the northerly line of said Vitale, South 71 ° 46' 50" West 200.00 feet to a point being at the northwesterly corner of said Vitale, said point also being at the northeasterly corner of Lot No.21 of the aforementioned Riverdale Subdivision; thence leaving said common corner and running along the northerly line of said Lot No.21 and the northerly line of Lots No.20 and 19 the following courses and distances; South 71 ° 46' 50" West 26.16 feet, South 71' 38' 30" West 698.64 feet, South 72° 09' 50" West 199.73 feet, South 71" 31' 30" West 47.23 feet, South 71' 22' 20" West 521.19 feet, South 720 08' 00" West 467.95 feet and South 700 44' 00" West 56.30 feet to the point of beginning containing 99.634± acres of land. Excepting from the 99.634± acre parcel of land, a 4.729 ± acre parcel, more particularly described as follows: Beginning at a point, said point being distant: North 250 41' 19" East 349.29 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 500 44' 59" West 204.99 feet, North 0-60 16' 53" East 616.35 feet, North 430 59' 15" West 147.90 feet, North 43° 28' 58" East 410.25 feet, South 44° 25' 56" East 183.49 feet, South 29 ° 42' 16" West 424.81 feet, South 5 6 ° 50" 29" East 105.89 feet, South 300 49' 14" West 59.49 feet, North 570 1 1' 09" West 104.57 feet and South 290 47' 26" West 551.12 feet to the point of beginning containing 4.729:L - acres of land. - Also, excepting from the 99.634± acre parcel of land, a 0.195± acre parcel, more particularly described as follows: Beginning at a point, said point being distant: North 470 05' 57" East 392.98 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 100 51' 00" East 106.00 feet, South 791 09' 00" East 80.00 feet, South 100 51' 00" West 106.00 feet and North 79 ° 09' 00" West 80.00 feet to the point of beginning containing 0.195± acres, (8,480± square feet) of land. Also excepting from the 99.634 parcel of land, a 0.121 ± acre parcel, more particularly described as follows: Beginning at a point, said point being distant: North 45' 35' 39" East 600.67 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 1 6 ° 46' 00" East 84.00 feet, South 73 ° 14' 00" East 63.00 feet, South 1 6 ° 46' 00" West 84.00 feet, and North 730 14' 00" West 63.00 feet to the point of beginning containing 0.1 21 ± acres (5,292± square feet) of land. Sw Also excepting from the 99.634± parcel of land a 0.3301 acre parcel more particularly described as follows: Beginning at a point, said point.being distant: North 230 57' 04" East 1,487.92 feet frcm the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 221 43' 44" East 188.97 feet, North 621 39' 44" East 51.84 feet, South 271 20' 16" East 46.40 feet, South 2211 43' 44" West 186.26 feet, South 88° 17' 28" West 30.64 feet, and North 670 16' 16" West 40.95 feet to the point of beginning containing 0.330± acres (14,3801- square feet) of land. Paggi, Martin & Del Bene, LLP September 19, 2003 2000-03(36) cm R-0771 EXHIBIT B CONSERVATION EASEMENT MAP 15 0 Lands,of the Town of VVappinger Conservation Easement 94,259 :�: Acre Parcel To,nm of Wappinger Dutchess County, New York Eeginning at a point, said point being distant: North 70 ° 44' 00" East 172.80 feet from the northwesterly corner of Lot No. 19 as shown on a map entitled, "Riverdale Subdivision" on file in the Dutchess County Clerk's Office as File Map No. 5422, said point of beginning being at the southeasterly corner of lands now or formerly Central Hudson Gas & E!ectric Corp., Liber 663, Page 412: thence leaving said point of beginning and said southeasterly corner and running along the easterly line of said Central Hudson Gas & Electrica! Corp., North 280 23' 15" West 1218.16 feet to a point being at the northeasterly corner of said Central Hudson Gas & Electric Corp., said point also being on the easterly line of lands now or formerly Metropolitan Transit Authority; thence leaving said northeasterly corner and running along the easterly line of said Metropolitan Transit Authority the following courses and distances: North 35° 22' 30" East 58.70 feet and North 26° 29' 15 East 32.98 feet, North 52° 05' 20" East 334.01 feet, feet, North 48° 09' E0" lA, es* North 40° 31' 10" East 588.09 67.02 feet, North 401 31' 40" East 51.15 feet, North 540 51' 35" East 44.39 feet, North 41 ° 1 70" =, , �.at 5✓.00 feet, North 470 31' 50" East 100.75 feet, North 43° 05' 35" E ast 75.00 feet, North 32° 45' 50" Easi 25.22 eet,lNorth 40° 43'010" East 1 0 .0 East feet, North 31 ° 27' 55" East 168.19 feet ° , „ sL 100.01 North 40 1 G East 100.00 feet on a curve to the left having a radius of 6,238.00 feet and an arc length of 460.02 feet (cord = North 380 24' 25" East 459.92 feet), South 530 42' 20" East 40.00 feet and North 35' 35' 10" East 92.1 5 f= Ft to a point being at the Southwesterly corner of lands now or formerly Kernmis (File f%qap No.6796), ing line of INletropoiitan Transit ,authority and said southw sterlyeclo ner andJrunn ngrly along the southerly line of said Kemmis, South 60° 53' 40" East 502.42 feet to a point being on the southerly line of other lands of Kemmis, said point also being on the easterly face of a stonewall fence; thence 123 Page 202, runalong the southerly line of said Kemmis along said stonewall face, South 19' 12'ling 00" East 60.00 feet to a point being at the southeasterly corner of said Kemmis, said point also being or, the westerly line of Wheeler Hill Road; thence leaving said southeasterly corner and running along the westerly line of said Wheeler Hili Road, South 19° 12' 00" East 6.27 feet; thence continuing along the easterly line of said Wheeler Hill Road, South 180 32' 15" East 15.92 feet to a point being in a stonewall fence; thence continuing along the westerly line of said Wheeler Hill Road along said stonewall fence the following courses and distances: South 190 31 ' 20" East 21 7.55 feet, South 17' 57' 05" East 63.66 feet, South 190 04' 55" East 535.56 feet, South 19° 36' 00" East 277.12 feet and South 20° 51' 10" East 7.16 feet; thence leaving said stonewall fence and continuing along the easterly line of said Wheeler Hill Road, South 70° 26' 25" West 10.96 feet, South 201 54' 35" East 476.33 feet and North 70° 25' 35" East 10.76 feet to a point being in the aforementioned stonewall fence; thence continuing along the easterly line of said Wheeler Hill Road along said sto e%va l fence the following courses and distances: IIXHIBIT "2" South 190 19' 155" East 1 57,17 feet, South 21 ° 08' 05 South Cast 183.96 feat and 19° E6' 45" East 60.G9 fee Lifertto a point being at the northeasterly corner of lands now or formerly Vitale, 97, Page 798; thence leaving said westerly line of Wheeler Hill Road and said northeasterly corner and running along the northerly line of said Vitale, South 7-1- 46' ' S at the northwester) �0 West 200.00 feet to a point being y corner of said Vitale, said point also being at the northeasterly corner of Lot No.21 of the aforementioned Riverdale Subdivision; thence leaving said common corner and running along the northerly line of said Lot No.21 and the northerly line of Lots No.20 and 19 the following courses and distances; South 71 ° 46' 50" West 26.16 feet, South 710 38' 30" West 698.64 feet, South 720 09' 50" West 199.73 feet, South 710 31' 30" West 47,23 feet, South 710 22' 20" West 521.19 feet, South 72° 08' 00" West 467.95 feet and South 70° 44' 00" West 56.30 feet to the point of beginning containing 99.634± acres of land. Excepting from the 99.634-L acre parcel of land, a 4.729± acre parcel, more particularly described as follows: beginning at a point, said point being distant: North 25 ° 41' 19" East 349.29 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 500 44' 59" West 204.99 feet, North 36r 16' S3" East 616.35 feet, North 430 59' 15" West 147.90 feet, North 430 28' 58" East 410.25 feet, South 44° 25' 56" East 183.49 feet, South 29° 42' 16" West 424.81 feet, South 56° 50" 29" East 105.89 feet, South 30° 49' 14' West 59.49 feet, .North 570 1 1' C9' South 29 ° 47' 26" West 551.12 feet � West 104.57 feet and acres of land. to the point of beginning containing 4.729 Also, excepting from the -99.634 ± acre parcel of land, a 0.195 partic::larly described as follows: ± acre parcel, more Eeginning at a point, said point being distant: North 471 05' 57" East 392.98 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 100 51' 00" East 106.00 feet, South 790 09' 00" East 80.00 feet, S)Nest couth 100 51' 00" West 106.00 feet and North 79 ° 09' 00" 80.00 feet to the point of beginning containing 0.195± acres, (8,480± square feet) of land. . Also excepting from the 99.634± parcel of land, a 0.121 ± acre parcel, more particularly described as follows: beginning at a point, said point being distant: North 450 35' 39" East 600.67 feet from the above described point of beginning; thence leaving the new point of beginning and running the following courses and distances: North 16 ° 46' 00" East 84.00 feet, South 730 14' 00" East 63.00 feet, South 16 ° 46' 00" West 84,00 feet, and North 730 14' 00" West 63.00 feet to the point of beginning containing 0.121 ± acres (5,292± square feet) of land. Also excepting from the 99.634± parcel of land a 0.330 _ acre parcel more Particularly described as fellows: Beginning at a point, said point being distant: North 23° 57' 04" East 1,487.92 feet from the above described point of beginning; thence leaving the neve point of beginning and running the following courses and distances: North 220 43' 44" East 183.97 feet, North 620 39' 44" East 51.84 feet, South 270 20' 16" East 46.40 feet, South 220 43' 44" West 186.26 feet, South 88° 17' 29" West 30.64 feet, and North 670 16' 16" West 40.95 feet to the point of beginning containing 0.330± acres (14,380± square feet) of land. I%w Paggi, Martin & Del Sene, LLP September 19, 2003 2000-03(36) 12/08/2003.WS RESOLUTION AUTHORIZING REFUND OF BUILDING PERMIT APPLICATION FEE FOR 46 AMHERST LANE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, on or about November 25, 2003, Vincent Farina paid the Town of Wappinger One Hundred Dollars ($100.00) for a retro fee for building work done without a permit, WHEREAS, Vincent Farina has requested a refund in the amount of One Hundred dollars and 00/100 ($100.00) as the work was completed in an emergency. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. Payment is approved in the amount of One Hundred and 00/100 ($100.00) made payable to Vince Farina, Account Number 21763, for the refund of the retro fee for 46 Amherst Lane as outlined in a letter from Building Inspector George Kolb dated December 5, 2003. 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-287 RESOLUTION AUTHORIZING REFUND OF UNUSED ESCROW FUNDS FOR 26 FLEETWOOD DRIVE The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati. WHEREAS, on or about August 24, 2001, Alfred Montegari deposited One Thousand, Five Hundred Dollars ($1,500.00) with the Town of Wappinger for a Driveway Escrow for 26 Fleetwood Drive, and WHEREAS, Alfred Montegari has requested a refund in the amount of One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) as the work is completed. NOW, THEREFORE, BE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 7 12/08/2003.WS Payment is approved in the amount of One Thousand Five Hundred and 00/100 ($1,500) made payable to Alfred Montegari, Account Number 00-167, for the refund of the unused escrow deposited for 26 Fleetwood Drive. 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. RESOLUTION NO. 2003-290 RESOLUTION AUTHORIZING BUDGET AMENDMENTS The following Resolution was introduced by Councilman Bettina and seconded by Councilman Paoloni. Whereas, the Comptroller to the Town of Wappinger, Gerald A. Terwilliger, has recommended certain budget transfers hereby amending the Town budget as set forth in a letter dated December 8, 2003 from Gerald A. Terwilliger, Comptroller, to Supervisor and Town Board Members. 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 authorizes the following budget transfers hereby amending the Town of Wappinger Budget adopted for the calendar year of 2003: General Fund -Budget Amendments/Transfer Increase A3005 Mortgage Tax $230,000.00 Increase Al 110.405 Justice -Security 22,500.00 Increase A1420.400 Attorney 45,000.00 Increase A1420.410 Tax Attorney 7,500.00 Increase A1440.430 Architect 8,000.00 Increase A1620.450 Miscellaneous/C.E. 20,000.00 Increase A1620.460 Heating Oil 5,000.00 Increase A1660.400 Central Storeroom 8,500.00 Increase A1910.400 Unallocated Insurance 22,000.00 Increase A1951.400 Assess. Of Prop/ S.P. Dist 29,000.00 Increase A5132.400 Garage/ C.E. 10,000.00 Increase A9010.800 State Retirement 52,500.00 B. Amendment: Increase 1090 Int. & Penalties Real Prop. Tax 15,000.00 Decrease 2401 Interest and Earnings 7,500.00 Increase 2410 Rental of Real Property 20,000.00 Increase 3040 State Aid/Star Programs 10,000.00 Decrease 5031 Interfund Transfers 7,200.00 Decrease 2610 Fines and Forfeitures 30,300.00 C. Transfers: 9 12/08/2003.WS Decrease All 10.100 Justice Court-P.S. $2,200.00 Increase Al 110.199 Justice Court -Comp Time 2,200.00 Decrease A1620.100 Bldg./P.S. Janitorial 5,500.00 Increase A1620.100 Bldg/P.S. Comp. time 1,500.00 Increase A1620.200 Bldg./Equipment 4,000.00 Decrease A5010.200 Tran. Hwy./Equipment 500.00 Increase A5010.400 Tran. Hwy/C.E. 500.00 Decrease A7110.100 Parks/P.S. 4,000.00 Increase A7110.199 Parks/P.S. Comp. Time 4,000.00 Decrease A7020.100 Culture/Recreation/Adm-P.S. 1,000.00 Increase A7020.199 Culture/Rec./Adams.-P.S. Comp. Time 1,000.00 Decrease A7620.100 Sr. Citizen/P.S. 1,000.00 Increase A7620.199 Sr. Citizen/P.S.-Comp Time 1,000.00 Decrease A8090.100 Environmental Control/P.S. 250.00 Increase A8090.400 Environmental Control/C.E. 250.00 Decrease A1930.000 Judgments/claims 12,000.00 Increase A1670.400 Central Printing/Mailing 6,500.00 Increase A1620.430 Repair Town Vehicles 2,000.00 Increase A1620.420 Xerox Copies 3,500.00 Decrease A1450.400 Elections/C.E. 3,000.00 Increase A1410.400 Town Clerk/C.E. 2,250.00 Increase A1410.410 Records Mgt./Supplies 750.00 To Record Transfers between accounts. 2. General Fund/Part Time A. Amendments: Increase B1120 Increase B1170 Increase B2115 Increase B8020.400 Increase B8160.400 Increase B8162.400 Increase b2590 Non -Property Tax Dist. 100,000.00 CATV Franchise Fees 10,000.00 Planning Board Fees 15,000.00 Planning Dept./C.E. 100,000.00 Refuse & Garbage/ C.E. 35,000.00 Recycle/ C.E. 40,000.00 Building Permits 50,000.00 To Amend Revenues and Budget Appropriations. B. Transfers: Decrease B9901.900 Transfer to Other Funds $120,000.00 Increase B 1420.400 Attorney 25,000.00 Increase B1440.400 Engineer 7,500.00 Increase B3120.400 Vandalism Patrol/C.E. 58,500.00 Increase B8010.800 State Retirement 12,500.00 Increase B9060.800 Hospital & Medical Ins. 16,500.00 Decrease B3410.200 Fire Prevention/Equip 2,100.00 Increase B3410.400 Fire Prevention/ C.E. 1,300.00 Increase B3410.401 Fire Prevention/Vehicle Gas 500.00 Increase B3410.402 Fire Prevention/Vehicle Repairs 150.00 Increase B3410.400 Fire Prevention/Telephone 150.00 Decrease B3620.100 Bldg. Dept/ P.S. 1,500.00 Increase B2620.199 Bldg. Dept./ P.S./Comp. Time 1,500.00 Decrease B5182.400 Street Lighting 3,250.00 Decrease B3620.401 Bldg. Dept./Vehicle Gas 500.00 Decrease B3620.402 Bldg. Dept./Vehicle Repair 500.00 Increase B3620.400 Bldg. Dept./C.E. 3,100.00 Increase B3620.403 Bldg. Dept./Telephone 1,150.00 Decrease B8010.100 Zoning Bd. of Appeals/ P.S. 400.00 12/08t2003.WS Increase B8010.199 Zoning Bd. of Appeals/P.S. Comp. Time 400.00 Decrease B8015.200 Zoning dept./Equipment 4,300.00 Increase B8015.400 Zoning Dept./ C.E. 4,000.00 Increase B8015.401 Zoning Dept./Vehicle Gas 200.00 Increase B8015.402 Zoning Dept./Vehicle Gas 100.00 Decrease B8020.100 Planning dept./ P.S. 750.00 Increase B8020.199 Planning Dept./ P.S./Comp. 750.00 Decrease B8020.200 Planning Dept./ Equipment 400.00 Increase B8020.403 Planning Dept./Telephones 400.00 3. Highway Fund -Budget Amendments/Transfers 1. Amendment A. Increase DB2770 Miscellaneous Revenues 55,000.00 Increase DB5130.200 Machinery/C.E. 7,500.00 Increase DB5142.100 Snow Removal/ P.S. 7,500.00 Increase DB5142.400 Snow Removal/C.E. 40,000.00 To increase Budget Line Items for FEMA Money Received on Snow Emergency B. Decrease DB5031 Interfunds Transfer $120,000.00 Decrease DB5110.400 General Repairs/ C.E. 120,000.00 To adjust Budget 2. Transfers Decrease DB5110.400 General Repairs/ C.E. 17,500.00 Decrease DB9040.800 Workman's Compensation 3,000.00 Decrease DB9050.800 Unemployment Insurance 3,000.00 Decrease DB9060.800 Health and Medical Insurance 11,000.00 Increase DB9010.800 State Retirement 34,500.00 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 Christopher Colsey, Councilman Voting Aye Joseph Paoloni, Councilman Voting Aye The Resolution is hereby duly declared adopted. NEW BUSINESS/COMMENTS There was no other business to come before the board. Councilman Bettina moved to close the meeting, seconded by Councilman Paoloni and unanimously carried. The meeting adjourned at 8:20 p.m. 10 Gloria J.__ .orse, Town CWrk 12/08/2003 PH A Public Hearing was held by the Town Board of the Town of Wappinger on December 8, 2003 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the Meadowood Wells. Supervisor Ruggiero opened the meeting at 7:30 p.m. Present: Joseph Ruggiero, Supervisor Robert Valdati, Councilman Vincent Bettina, Councilman Christopher Colsey, Councilman Joseph Paoloni, Councilman Gloria J. Morse, Town Clerk Others Present: Al Roberts, Attorney to the Town Jay Paggi, Engineer to the Town Graham Foster, Highway Superintendent The Town Clerk offered for the record, the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof the Minutes of this Hearing). Jay Paggi explained that the Meadowood Subdivision is in the Southwestern corner of All Angels Hill and Old Hopewell Road consisting of approximately 39 parcels. In that development is the construction of two high now water wells on the parcels just north and east of that which can produce 300 gallons of water per minute or 250,000 gallons per day. The 39 lots will use approximately 22,000 gallons per day with the remainder of the water being used by the existing residents. There are two existing homes on Old Hopewell Road just west of Balfour Drive that have recently experienced well production problems and they will be tied into Meadowood Water District also. Supervisor Ruggiero wished to know if anyone in the audience wished to speak in regard to the creation of this district. Joe Bird of 411 Old Hopewell Road said as one of the two existing homes with well production problems, he is very happy about the creation of this district. There were no further comments or questions. Councilman Valdati moved to close the Public Hearing seconded by Councilman Bettina and unanimously carried. The Public Hearing closed at 7:50 p.m. eel Gloria J. ' orse Town Clerk AFFIDAVIT OF POSTING STATE OF NEW YORK ) ) ss.. COUNTY OF DUTCHESS ) I, the undersigned Clerk of the Town of Wappinger, Dutchess County, New York, depose and say: That on the 13ttday of November 2003, I caused .to be posted on the official signboard maintained by me pursuant to subdivision 6 of Section 30 of the Town Law, an order, certified by me, duly adopted by said Town Board on the 10th day ofxovember.,'2003. A true and correct - copy of such order in the exact form in which the same was actually posted is attached hereto and made a part hereof. Subscribed and sworn to before me this d d of November 2003. V / Notary Public Notary public StateE f Nein, York R 8 stratlDuchess888(ding in on #01S 60400 3 nty MV Commission Exoires April 17, 20 �)o 1253127.1 own Clerk 7//� MEADOWOOD WATER DISTRICT AFFIDAVIT OF MAILING STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) FLORENCE HANNON, being duly sworn, deposes and says: I am over the age of eighteen (18) years of age and I reside at 18 Beatty Road, Wappingers Falls, New York. On the ' C . day of �1 JY'-tiL4(2003, I served a true copy of the annexed NOTICE OF PUBLIC HEARING by mailing a copy of same in a sealed envelope with a pre -paid postage thereon in a Post Office or official depository of the U.S. Postal Service within the Town of Wappinger, Dutchess County, New York, addressed to the last know addresses of the addressees as set forth on the attached Schedule No. 1. The last know addresses are the addresses maintained by the Town of Wappinger Sewer and Billing Department which regularly updates the addresses of property owners within the Town's various Water and Sewer Districts and/or Improvement Areas with information received from the Town Assessor's Office and with notices received from title companies and real estate attorneys in connection with the sale of real estate within the Town. FLORENCE HANNON Deputy Town Clerk Srn to b re me n this �,FFay of 4 2003 4 14 NOTARY PUBLI ' IrI JEA " GLC' t"GRYc-k co; ojMW tx's 1 PgbGc., a 610 QucG;ied iniC ' es3 County Comm. DOW Aug. 31, NOTICE OF ADOPTION OF ORDER CALLING A PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger, Dutch - ass County, New York on the 10th day of November, 2003, r±uly adopted the Order j;ablished herewith calling a Public Hearing. ---- --------------- In the Matter of rhe Establishment of a pro- posed Water District in the Town of Wappinger, Dutch- ess County, New York to be known as the Meadowood Water District ORDER CALLING PUBLIC HEARING WHEREAS, a map, plan and report, including an estimate of cost have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger, Dutch- ess County, New York, rung to the establishment I proposed Water District fre Town of Wappinger, chess County, New 00, to be known as the Meadowood Water District (the "Water District"); and WHEREAS, said map, plan and report dated June 24, 2002, as amended Au- gust 11, 2003, were pre- pared by Paggi, Martin 8 DelBene, LLP, competent engineers duly licensed by the State of New York, and have been filed in the office of the Tcwn Clerk of said Town, where the same are available during regular of- fice hours for examination by any persons interested in the subject matter thereof; and WHEREAS, the properties to be included within the Water District consist of approximately forty-one sin- gle family residential lots located at the southwestern intersection of Old Hopewell Road (Dutchess County Rorie 28) and All Angels Hill Road (Dutchess County Route 94), as described in Exhibit A attached hereto and hereby incorporated herein; and WHEREAS, the source of water supply for the Water District will be the Wappin- ger Water Improvement Ar- ea 99-2(R) to which the facilities of the Water District will connect; and WHEREAS, there are no improvements proposed for, and no capital cost to, the Water District as the devel- oper of the Meadowood area shall be responsible for the installation of all water mains and appurtenances at its expense; and - WHEREAS, there are no hook-up fees proposed to the typical property in the Water District; and WHEREAS, the estimated cost of the Water District to the typical property (single family home) therein for such capital cost is zero, and the cost to the typical property therein for opera- tion and maintenance is estimated to be $262 in the first year in which the operation and maintenance and other charges and expenses are to be paid, which includes an annual cost of approximately $130 to be paid to Wappinger Water Improvement Area 99-2(R) for debt reduction; and WHEREAS, a detailed ex- planation of the manner by which were computed said estimated first-year costs to the typical property in the Water District is contained within the aforesaid map, plan and report which has been filed in the office of the Town Clerk where the same are available during regular office hours for examination by any person interested in the subject manner thereof; and WHEREAS, the establish- ment of the Water District has been determined to be a "type 2 action" pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementa- tion of which as proposed, will not result in any signifi- cant environmental effects; and WHEREAS, it is now de- sired to call a public hearing upon the question of the establishment of the Meado- wood Water District pursu- ant to Section 209-d of the Town Law; NOW, THERE- FORE, BE IT ORDERED, by the Town of Wappinger, Dutchess Coun- ty, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall, 20 Middlebush Road, in Wap- pingers Falls, New York, in said Town, on the 8th dayif December, 2003, at 7 l]AhiA o'clock P.M., Prevailing Time, for the purpose of holding a public hearing to consider the establishment of the Meadowood Water District as described in the preambles hereof and to consider the map, plan and report filed in relation there- to, and to hear all persons interested in the subject matter thereof concerning the same, and for such other action on the part of said Town Board as may be required by law or shall be proper in the premises. Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this order to be published once in Southern Dutchess News/ Poughkeepsie Jour- nal, the official newspaper of said Town, the first publica- tion thereof to be not less than ten nor more than twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to each owner of taxable real property within The Water District, as shown upon the latest com- pleted assessment role of the Town, each not less than ten nor more than twenty days before the day set for the hearing as aforesaid. Section 3. This order shall take effect immediately. SURVEY DESCRIPTION PROPOSED MEADOWOOD WATER DISTRICT BOUND- ARY ALL that plot, piece or parcel of land situate and being in the Town of Wappinger, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at a point at the souther side of Old Hope- well Road, AKA County Route No. 28, said point being a northerly corner of the herein described parcel and the northeasterly corner of lands now or formerly of Gelbart and Taubenblatt, described in Liber 1597 of deeds'at page 100; thence along the southerly side of Old Hopewell Road, S 89009'27" E 7.22 feet, S 88° 47' 14" E 213.51 feet, S 88° 42' 58" E 100.02 feet, S 85" 44' 18" E 74.02 feet to a point on the southerly side of Old Hopewell Road; thence northerly crossing Old Hopewell Road and along the division line be- tween Lot # 119, 118, 117, as shown on a map entitled "Rockingham Farms -Sec- tion II", filed in the Dutchess County Clerk's Office on July 11, 1966 as Filed Map #3425 and the lands now or formerly of Wendy E. Silin Liber 1891 of deeds at Page, 298 N 02° 57'03" W 350.40 feet to the northwesterly corner of the herein de- scribed parcel, thence along the division line between Lot an s now or formerly of Joseph R. Bird Document # 02-2003 Page 6581 and crossing Old Hopewell Road S 11" 58' 17" W 370.64 feet to a point on the southerly tate of New York side of Old Hopewell Road; thence continuing along the t Of Dutchess southerly side of Old Hope- OUnY well Road S 80" 37' 11" E it of Poughkeepsie 9.91 feet, S 79" 57' 14" E Y 361.00 feet, S 75" 05' 46" E 374.43 feet, S 72° 50' 05" E 820.17 feet, S 72° 16' 53" E 150.01 feet and S 25" 45' 15" E 35.40 feet to a point at the westerly side of All Rita Lombardi Angels Hill Road, AKA County Route No 944 , of the City of Poughkeepsie, thence along the same, s ►utchess County, New York, being duly sworn, says that at 44° 19'40" W 132/75 feet, S 43" 25' 20" W 108.90 feet, S ie several times hereinafter mentioned she was and still is 24" 12' 40" W 45.11 feet, S n" 12' 30" w 23.00 feet, S to Principal Clerk of the Poughkeepsie Newspapers Division 8° 26' 40" W 68.77 feet and S 00° 34' 30" W 133.70 feet f Gannett Satellite Information Network, Inc., publisher of to a point; thence along lands of Heady, described in ie POUGHKEEPSIE JOURNAL, a newspaper printed and Liber 985 of deeds at a page 126, N 61"45- 40" W 410.00 ublished every day in the year in the city of feet, S 46" 49' 20" W 356.71 feet, S 8° 53' 20° w 27.31 'oughkeepsie, Dutchess County, New York, and that the feet, S 83" 15' 40" E 527.00 , feet and S 89" 41' 40" E nnexed NOTICE, was duly published in the said newspaper 98.00 feet to point at the 'one insertion westerly side of All Angels or weeKs successively, in each week, commencing Hill Road; thence along the 15th . same, S 111 40'00" E 94.74 'n the day of feet. S 8" 20' 00" E 125.70 feet and S 9" 35' 00" E 300.47 feet to a point; thence along lands of White, 003 and described in Liber 1911 of deeds at page 6, S 71° 29' iereafter, namely on: _ 24" W 688.03 feet and S a, 11' 15" E 637.41 feet to a Point thence along lands of Giangaspro, described in Liber 874 of deeds at page 175 and lands of Dibiase, described in Liber 976 of deeds at page 192, S 71- 23'48" 1°23'48" W 495.21 feet, S 711 20'26" W 415.47 feet and S 71" 04' 26" W 159.40 feet to a point; thence along lands of Gelbert and Tuabemblatt, g on �nd ending the da of N 12" 16' 19" W 2875.41 Y feet to the point or place of beginning. 200 both daY S inclusive. CONTAINING 92.63 ACRES % OF LAND MORE OR LESS SUBJECT to a 160 foot wide right or way and 30 foot ✓�� 1J! / / wide access easea ment to the New York State Power Authority. October 14, 2003 subscribed apcJ sworn o before me this f 6085 jay of /(, �� 200 l LT1f��i�C, [ary Public on the following dates My commission expires mel , iX�/ )II Journal #115, 114, 113, 112 as shown on said Filed Map #3425 and said Silin S. 86" 32' 23" E 339.80 feet to the northeasterly corner of the herein described parcel; thence southerly, along the division line between Lot #109,108, 107 as shown on said Filed Map #3425 and LIATI N � 0 said Silin and also along the I d an s now or formerly of Joseph R. Bird Document # 02-2003 Page 6581 and crossing Old Hopewell Road S 11" 58' 17" W 370.64 feet to a point on the southerly tate of New York side of Old Hopewell Road; thence continuing along the t Of Dutchess southerly side of Old Hope- OUnY well Road S 80" 37' 11" E it of Poughkeepsie 9.91 feet, S 79" 57' 14" E Y 361.00 feet, S 75" 05' 46" E 374.43 feet, S 72° 50' 05" E 820.17 feet, S 72° 16' 53" E 150.01 feet and S 25" 45' 15" E 35.40 feet to a point at the westerly side of All Rita Lombardi Angels Hill Road, AKA County Route No 944 , of the City of Poughkeepsie, thence along the same, s ►utchess County, New York, being duly sworn, says that at 44° 19'40" W 132/75 feet, S 43" 25' 20" W 108.90 feet, S ie several times hereinafter mentioned she was and still is 24" 12' 40" W 45.11 feet, S n" 12' 30" w 23.00 feet, S to Principal Clerk of the Poughkeepsie Newspapers Division 8° 26' 40" W 68.77 feet and S 00° 34' 30" W 133.70 feet f Gannett Satellite Information Network, Inc., publisher of to a point; thence along lands of Heady, described in ie POUGHKEEPSIE JOURNAL, a newspaper printed and Liber 985 of deeds at a page 126, N 61"45- 40" W 410.00 ublished every day in the year in the city of feet, S 46" 49' 20" W 356.71 feet, S 8° 53' 20° w 27.31 'oughkeepsie, Dutchess County, New York, and that the feet, S 83" 15' 40" E 527.00 , feet and S 89" 41' 40" E nnexed NOTICE, was duly published in the said newspaper 98.00 feet to point at the 'one insertion westerly side of All Angels or weeKs successively, in each week, commencing Hill Road; thence along the 15th . same, S 111 40'00" E 94.74 'n the day of feet. S 8" 20' 00" E 125.70 feet and S 9" 35' 00" E 300.47 feet to a point; thence along lands of White, 003 and described in Liber 1911 of deeds at page 6, S 71° 29' iereafter, namely on: _ 24" W 688.03 feet and S a, 11' 15" E 637.41 feet to a Point thence along lands of Giangaspro, described in Liber 874 of deeds at page 175 and lands of Dibiase, described in Liber 976 of deeds at page 192, S 71- 23'48" 1°23'48" W 495.21 feet, S 711 20'26" W 415.47 feet and S 71" 04' 26" W 159.40 feet to a point; thence along lands of Gelbert and Tuabemblatt, g on �nd ending the da of N 12" 16' 19" W 2875.41 Y feet to the point or place of beginning. 200 both daY S inclusive. CONTAINING 92.63 ACRES % OF LAND MORE OR LESS SUBJECT to a 160 foot wide right or way and 30 foot ✓�� 1J! / / wide access easea ment to the New York State Power Authority. October 14, 2003 subscribed apcJ sworn o before me this f 6085 jay of /(, �� 200 l LT1f��i�C, [ary Public on the following dates My commission expires mel , iX�/ , h;: 4 1 • . i � _r.. I.,v 1.. "I:' I`JtY' .I NOTICE OF ADOPTION OFEXHIBIT"A" ORDER CALLING A PUBLIC SURVEY DESCRIPTION HEARING PROPOSED PLEASE TAKE NOTICE that the Town MEADOWOOD WATER DISTRICT Board of the Town of Wappinger, BOUNDARY DutdiNovnry,New York onthe t0lh ALLthat� �apa�loftandsitu "'r F I I TCiIAI!%l dayorNaemember,zoo3,dulyadoptedthe ale and being in the Town of Wappinger, OrderpubNshed herewith calling a Pub• County of Dutchess and State of New tic Hearing. ORDER GA rrrur York, bounded and described asfallows: f ' (I t , c : M, = i 1 p B- I� BEG INNING at a point at the southerly ' I I ICY I_; ' r side ofOld H In the Matter said l Road, AKA County d Route No. 288, said point being anorth- the Establishment of a r arty comer of the herein described par- i , ., +1 S proposed Water t'. J. District in the Town of Wappinger,cel end the northeasterly comer d lands Dutchess County, Now yolk now or formerly of Gelbart and known as the Meadowood Water Taubenblatt, described in Liber 1597 of I-— i 1 District deeds at page 100; thence along the t' := C i'� I `} r' }:.I, (j N °°< rt. southerly side of Old Hopewell Road, S WHEREAS, a map, plan and report, in- 89^ 09- 27• E 7.22 feet, S 88'47'1 VE cluding an estimate of cost have been 213.51 feet, S 88' 42'58' E 100.02 feet, prepared in such manner and,in such ` S 85' 44' 18"E 74.02feet a point on the t :', i f'1 4' ''•' C; '{ [ i f I I f ri ., data#as has heretofore been determined southerly side of Old Hopewell Road; by the Town Board of the Town of thence northerly crossing Old Hopewell Wappinger, Dutchess County, New Yak, Road and along the division the between r (. � . 1`i 1; 7 -,. lint ti"t"1 =' "` 1'1 Clelating to the establishment of a pro- Lot N 119,118,117, as shown on a m� 1 .' .. i '' r: • 3 posed Water District in the Town of entitled "Rockingham Farms • Section t'. ', i I ' r, r I ` i"; t I } i l i Y" i"I o beak , Duichass as e MWa County, New dowood w \ 11", filed in the Dutchess County Clerk's Office on July 11, 1966 as Filed Map k i =: I ,I d- =; ., i 'v` 1 t::,l = I F a 1 .; District (the "Water District"); and WHEREAS, said map, plan and report 3425 and the lands now or formerly of Wendy E. Silin Liber 1891 of deeds at r dated June 24, 2002, as amended Au- gust 1, 1 ", 11 ,.i"1i } t, i I I I I -'t I i'J+, } P 1 1 .. , Page 298,NO2'5T03'W350.40fast10 gust 11, 2003, were prepared by Paggi,' the northwester comer of the herein (� i " L..I y r 1;1 ' I`i c'i Martin & DelBene, LLP, competent an- northwesterly I 1 1 i i . ,•' I i � l i [ .LII . „ i 3_ f , 'i I . described ince aloin the d ' �neersduylicensedbytheStateofNow des edparcel,the g IVF i i } sionlnebetweenldN115,114,113,112 i 1 i i f t n n i i ]"I ; a . ; York, and have been filed in the office of as shown on said Filed Map b 3425 and r the Town Clerk of said Town, where the said Silin S 86' 32'23' E 339.80 feet to i:.l �It.i'v ll,';,].1 11`..:..i 7 it ;I, J.1".il<--1"1"I same are available durngregular office , the nonheasterlycomer of the herein de- I, ] 111 n i I `„ i_ 1' I I I I h i i hours for examination by any persons ; scribed parcel; thence southerly, along =. interested in the subject matter thereof;the division line between Lot N 109,108, aril 107 as shown on said Filed Map IF 3425 WHEREAS, the PrOPerties to be included ; and said Silin and also along the lands within the Water District consist of ap- now or formerly of Joseph R. Bird Docu- proximately forty-one single family resi mentNO2.2003Pege6581andcrossing dentist btslocated atthesouthwesom' Old Hopewell Road S 11' 58' 17' W intersection of Old Hopewell Road' 370.64 feet to a point on the southerly (Dutchess County Route 28) and All side of Old Hopewell Road; thence T'7 con - Angels Hill Road (Dutchess County tinuing along the southerly side of Old > ltl it i" t i f i' i" of r i �1 1 c' I '% I'� ; (? ' is �'•l i"I l r t(l ) r' P - : ' l) O : Route 94), as described in Exhibit A, at- Hopewell Road S 80' 3711"E 9.91 feel, tachad hereto and hereby incorporated S 79' 5714' E 361.00 feet, S 75' 05'46' herein; and E 374.43feel, S 7750' 05' E 820.17feet, WHEREAS, the source of water supply S i2' 16' S3' E 150.01 feet and S 25' 45' for the Water District will be 'the 15'E35.40feet toaint at the west (` r' F't 1.ir 1._.l, i': Wappinger Water Improvement Area 99• sideofANAngels HINRoad,AKA Coumy ALBERT M. dst��,' 2(R)towhich the facilities ofthe Water : Route No. 94; thence along the same, S District will connect; and NOTARY PUBLIC, STOKE OF NEW YORK WHEREAS, there are no improvements W108'90feeWtsea 124eo siifeet, QUALIFIED IN DUFGHESS COUNTY proposed for, and no capital cost to, the S 17' 12' 30- W 23.00 feet. S 8- 26' 40 - Water District as thedeveloperofthe W68.77 feet and S00'34'30'W133.70 # 14.8240760 Meadowood area shall be responsible feet to a point; thence along lands of Cof4#tIS810K EXPINESfor the installation ofall water mains and Heady, described in Liber 985 of deeds JUN 1 5 2001 appurtenances at its expense; and at a page 126, N 61" 45'40'W 410.00 WHEREAS, there are no hook-up fees feet, S 46' 49120'W 356.71 feet, S 8'53 proposed to the typical property in the 20"W 27.31 feet, S 88' 15'40' E 527.00 Water District; and feet arid S89'41'40"E98.00feel topoint WHEREAS, the estimated cost of the : at the westerly side of All Angels Hill Water District to the typical property Road; thence along the same, S 11' 40' (single family home) therein for such 00' E 94.74 feet, S 8' 20' 00' E 125.70 capital cost is zero, and the cost to the feet and S 9.35'00' E 300.47 feet to a typical Property therein for operation and poinCthencealonglands ofWhite, de-, maintenance is estimated tobe$262In scdbedntloer1911,ofdeeds atpage 6, the first, year in which operation and S 71' 29'24' W 688.03feet and S 8' 11' maintenance and other charges and ex 15*E637.41feet toapoint; thence akxg penes are to be paid, which includes an lands of Giangaspro, described in Liber annual cost of approximately $130 to be 874 of deeds at page 175 and lands of paid to Wappinger Water Improvement Diblase, described in Libor 976 of deeds Area 99.2(R) for debt reduction; and atpage 192, S71`23'48' W 495.21 feet, WHEREAS, adetailed explanat ion ofthe S71*20'2GW415.47feet and S71'04' mannerbywhichwere compuled said 26•W159.40feet toapohfthence 8" estimated first-year costs to the typical lands of Gelbart and Taubenblat, N 12' property in the Water District is contained 16' 19' W 2875.41 feet to the point or within the aforesaid map, planand repon Place of beginning. which has been filednthe office ofthe CONTAINING 92.63 ACRES OF LAND Town Clerk where the sameere avail- MORE OR LESS able during regular office hours for ex SUBJECT to a 160foot wide right of way amiration byanyperson interested in the and a 30 foot wide access easement to subject manner thereof; and the New York State Power Authority. WHEREAS, the establishment of the October 14, 2003 Water District has been determined to be a "type 2 action" pursuant to the regu- lations of the New York State Depart- ment of Environmental Conservation promulgated pursuant to the State Envi- ronmental Oualty Review Act, the imple- mentation of which as proposed; will not result in any significant environmental effects; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the Meadowood Water District pursuant to Section 208-d of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, _ New York, as follows: Section.l. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hell, 20 Middlebush Road, in Wappingers Falls, New York, in said Town, on the Stn day of Deoember2003, at 7::30 o'clock,P.M.; PEevailing Imej for the purposp of holding a public hear- ing to consider the establishment of the Meadowood Water District as described in the Preambles hared and to consider the map, plan and report filed in relation thereto, and to hear all persons inter- ested in the subject matter thereof con- ceming the same, and for such other action on the part of said Town Board as may be requited by law or shall be proper in the premises. SSction2 The 'town Clerk Is hereby authorized and directed to cause a copy of this order to be published once in Southern Dutchess News and Pough- keepsie Journal, the official newspapers of said Town, the first publication thereof to be not less than ten nor more than twentydays before the day set herein for the hearing as aforesaid, and said Town Clerk shall also cause a copy thereof to be posted on the signboard of Town maintained pursuant to subdivision 6 of