2010-1522010-152
Resolution Accepting Amended Map, Plan & Report for Extension of the United
Wappinger Water District to Serve Proposed Adams Fairacre Farms Site
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 12,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Ismay Czarniecki
Joseph P. Paoloni
Vincent F. Bettina
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, Adams Fairacre Farms, Inc. and the Town of Wappinger (hereinafter the
"Town") have previously entered into an agreement for the construction, installation and
extension of water and sewer lines by Agreement dated January 13, 2009; and
WHEREAS, Adams Fairacre Farms, Inc, has assigned all of its duties and obligations to
Adams-Wappinger, LLC (hereinafter "Adams"); and
WHEREAS, pursuant to the aforementioned Agreement, Adams has submitted a Petition
to the Town for an extension of the United Wappinger Water District, to be known as Extension
No. 1 to the United Wappinger Water District; and
WHEREAS, Clark Patterson Lee Design Professionals have prepared an Amended Map,
Plan and Report dated February 9, 2009, and last revised March 19, 2010, for the United
Wappinger Water District Extension, a copy of which is attached to the Petition; and
WHEREAS, the extension of water service to the Adams store site was previously
included in a coordinated review undertaken by the Town of Wappinger Planning Board which
adopted a Negative Declaration of Significance on November 17, 2008;
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 accepts the Petition for Expansion of Water District
submitted by Adams-Wappinger, LLC, by Patrick Adams, Operating Manager,
and further accepts the Amended Map, Plan and Report for United Wappinger
Water District to serve proposed Adams site, located on Old Post Road, in the
Town of Wappinger, a copy of which is affixed to the Petition, both of which
have been placed on file in the Office of the Town Clerk.
3. The Town Board directs that the Town Clerk forward a certified copy of this
resolution together with a copy of the Petition with exhibits, including the
Amended Map, Plan and Report above mentioned, to Orrick, Herrington &
Sutcliffe LLP, to prepare the necessary proceedings, findings and public interest
order necessary to extend the Water District in accordance with the subject
Petition.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
ABSENT
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
4/12/2010
The Resolution is hereby duly declared adopted.
T C x�L'
HN C.-NAASTERSON, TOWN CLERK
Page 1 of 1
Chris Masterson
From: Albert P. Roberts [aroberts@vsrp.com]
Sent: Wednesday, March 17, 2010 10:27 AM
To: 'Greg Bolner'; prichardson@gklaw.us; dgoodfriend@orrick.com
Cc: Chris Masterson; camocpinc@aol.com; ecorrado@gklaw.us
Subject: Adams Fairacre Farms - Extension of Water District
MEMO
TO: Greg Bolner, P.E.
Pamela Richardson, Esq.
Douglas Goodfriend, Esq.
CC: Hon. John C. Masterson, Town Clerk
Mike Tremper
Elizabeth Corrado, Esq.
FROM: Albert P. Roberts, Esq.
DATE: March 17, 2010
RE: Adams Fairacre Farms Site Plan
Extension of United Wappinger Water District
Recently, Greg Bolner suggested that the Map, Plan and Report be placed on the next Town Board
agenda for acceptance. In the interest of expediting the matter, I had referred a copy of the Map, Plan
and Report and the Petition for Extension of the Water District to Town's Bond Counsel, Douglas
Goodfriend, Esq. for preparing the necessary Board proceedings.
Since the Town Board's deadline for placing matters on an agenda is today, the Petition must be filed
with the Town Clerk with the Amended Map, Plan and Report attached as well as the other exhibits.
Inasmuch as the deadline for placing matters on the agenda is noon today, I suggest we target the next
Town Board meeting, April 12, 2010 for formal submission. I would ask that Pam Richardson and Greg
Bolner get together so that the original Petition, the original Map, Plan and Report and exhibits get filed
with the Town Clerk. This should be done as quickly as possible. Upon filing with the Town Clerk, I
will prepare a Resolution accepting the Petition and Map, Plan and Report and directing that the Town's
Bond Counsel, Douglas Goodfriend, Esq. complete the proceedings necessary to establish the district
extension.
Greg Bolner has also indicated that DEC has issued the water supply permits so it appears everything is
in order for the extension of the district. If anybody disagrees with this timeline, please contact me
immediately.
(DICTATED BUT NOT PROOF READ BY APR.)
4/8/2010
PETITION FOR EXPANSION OF WATER DISTRICT
TO THE TOWN BOARD OF THE TOWN OF WAPPINGER, COUNTY OF
DUTCHESS, NEW YORK.
The undersigned, being owner of taxable real property situate in the
expansion area of the water district hereinafter described and currently existing in
the Town of Wappinger, aggregating all of the assessed valuation of all the
taxable real property within the expansion area of such district, as shown upon
the latest completed assessment roll of said town, and including resident and
non-resident owners in said proposed expansion area of said district according to
the latest completed assessment roll, do hereby petition the Board as follows:
(1) Petitioner proposes, pursuant to Article 12 of the Town Law, that the
Town Board of the Town of Wappinger (hereinafter, the "Town"),
expand the United Wappinger Water District, as extended (hereinafter
the "UWWD"), in the territory and with the boundaries described in the
attached Schedule "A", (hereinafter, the "Expansion Area");
(2) Said territory is located wholly within the Town of Wappinger
(hereinafter, the `Town"), County of Dutchess, State of New York, and
is outside any city or incorporated village;
(3) The Town Board executed an Agreement for Construction and
Installation of Water and Sewer Lines (the "Construction Agreement")
with Adams Fairacre Farms, Inc., wherein the Town authorized the
connection of the real property within the expansion area to the United
F.-WSER\clientsk"dams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy ofFETMON FOR EXFANSION OF
WATER DISTRICT 11-25-09.doc
Wappinger Water District, (Exhibit "C"), contingent upon the
undersigned petition to the Town Board to expand the United
Wappinger Water District and further contingent upon purchase by
Adams Fairacre Farms, Inc. of the properties affected herein.
Thereafter, Adams Fairacre Farms, Inc. assigned all rights and
interests in the Construction Agreement to Adams Wappinger, LLC
(hereafter, "Adams".) On October 31, 2009, Adams did, in fact, acquire
said real property.
(4) All construction work for the laying out and installing of the
improvements within the Expansion Area as described on Exhibit "A"
attached hereto and made a part hereof will be paid for by Adams so that
no expenses occasioned by the Expansion of said District shall be levied
and collected from the several lots and parcels of land within the District
as same currently exists, by assessment or otherwise, and any and all of
such work shall be done and completed by the Petitioners in accordance
with the map and plan hereinafter described;
(5) Accompanying this Petition and attached hereto as Exhibit "B" are a map
and plan prepared by Clark Patterson Lee, duly qualified, Professional
Engineers, licensed in the State of New York, showing the boundaries of
the existing water district, together with the Expansion Area, as well as all
of the outlets and the terminus and course of each new proposed main;
(6) The maximum amount proposed to be expended for the construction and
acquisition of the above described improvement is two hundred twenty
F:\USER\clicnts\A\Adatns Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc
thousand ($220,000.00) dollars, the entire cost of which shall be paid by
Adams and at no cost to the District;
(7) The expense of operation and maintenance of said District, following the
expansion, shall be assessed, levied and collected from the several lots
and parcels of land within the proposed District, as expanded, so much
upon and from each as shall be in just proportion to the amount of benefit
which the Town Board shall determine. The improvement shall confer
upon the same and in accordance with the applicable statutes made and
provided therefore;
(8) Adams intends to construct all improvements within said Expansion Area
wholly at their expense and to transfer title thereto to the Town or other
government agent for said District, free and clear of encumbrances except
the right of access to said improvements by adjoining landowners; who
are not purchasers;
(9) The assessed valuation of all the taxable real property situate in the
proposed water district, as such valuations appear on the latest completed
assessment roll of the Town is Two Million Fifteen Thousand Four
Hundred ($2,015,400.00) Dollars. The petitioner is sole owner, including
resident owners and non-resident owners, of real property situate in the
Expansion Area, which property according to the latest completed
assessment roll of the Town, shows the assessed valuations respectively
set out next to the names of the prior owners as follows:
Names and addresses of Non -Resident Assessed Valuation
Petitioners formerly owning property within of Property Owned
F.\USER\clients\"dams Fairacre-T-Wappingcr\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc
the Expansion Area
Lot No. 135689-6157-04-649335
Victor and Jacqueline Owen
158 Old Post Road, Wappinger, NY $ 1,405,000.00
(Victor Owen died November 14, 2008)
Lot No. 135689-6157-04-649374
Florence Mattison
154 Old Post Road, Wappinger, NY 335,400.00
Lot No. 135689-6157-04-614375
Percy and Jeanette Briscoe
152 Old Post Road, Wappinger, NY 275,000.00
All those properties have been combined into one parcel pursuant to
approval of the application before the Town of Wappinger Planning Board.
WHEREFORE, Petitioner respectfully request that the Town Board of
the Town of Wappinger, expand the Water District hereinabove proposed and
described and that a public hearing thereon be held according to law.
Dated: Wappingers Falls, New York
Z.- / I t , 2009
Petitioners:
ADAMS-WAPPINGER, LLC
By:
PATRI K ADAMS,
Operating Manager
STATE OF NEW YORK )
COUNTY OF DUTCHESS)
On the 1101*11 day of j ,LvA XL9j , in the year 2009, before me, the undersigned,
a Notary Public in and for said state, personally appeared PATRICK ADAMS,
personally known to me or proved to 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
F:\USER\r1ients\A\Adams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc
the individual acted, executed the instrument.
NotaryPublic
MIA L. VALENCIA
01DWY Public, State of New York
No. 01 VAS135662
tualified in Dutchess County
Expiration Date 10/2120 L3
F:\USER\clients\A\Adams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc
APR -01-2010 THU 03:45 PM GELLERT & KLEIN PC FAX N0, 845 471 4442 P. 02/03
LEGAL DESCRIPTION OF LANDS TO BE CONVEYED TO
ADAMS FAIRACRE FARMS (overall Parcel)
TIO OF WAPPINGER
MA# 206111.000
10/14/09
ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess
and State of New York and is more particularly described as follows:
BEGINNING at a point on the easterly line of U.S. Route 9, said point being the northwesterly
corner of Lot 1 as shown on a certain map entitled "Subdivision Plat John and Nancy Tamto"
and filed in the Dutchess County Clerk's Office as Filed Map No. 4005; thence northerly
through said Route 9 North 060 02' 17" West 167.53 feet a point on the former westerly line. of
Old Route 9; thence, northerly along .the westerly.ini.. of said Old Route •9 the following two (2)
courses: ;
1. North 11° 27' 07" East 99.30 feet and
2. North 060 47' OT' East 3.43 feet
to a point; thence northeasterly crossing Old Route !
75.00 feet, an arc length of 92.32, a chord bearing Ni
86.60 feet to a point on the westerly line of the lant
1460, Page 368); North 061 47' 07" East 106.42 feet
corner of the lands, now or formerly, of Matlisor
northeasterly along said Mattlson North 040 40' 23" E
the southwest comer of the lands, now or formerly,
thence northwesterly and southeasterly along the w
the following two (2) courses:
6. North 100 39' 03" West 79.49 feet and
7. South 890 48' 57" East 145.93 feet
along a curve to the left with a radius of
th 420 02'59" East and a chord length of
now or formerly, of Owen (Deed Liber
a point, said point being the southwest
(Deed liber 1943, Page 225); thence
ist 20.04 feet to a point, said point being
f Briscoe (Deed Liber 1730, Page. 110);
,terly and northerly lines of said Briscoe
to a point, said point being the southeast comer of the lands, now or formerly, of Masch (Deed
Liber 22005, Page 10267); thence northwesterly along the easterly line of said Masch North
01° 16' 57" West 65.02 feet to a point, said point bei' g the northwest corner of said Mattison;
thence northeasterly along the northerly line of said Mattison North 810 23' 03" East 535.5.0
feet to a point, said point being located on the wester) line of Lot,4 as shown on a certain map
entitled "Brook Hollow Estates" and filed in the Dutc l ess County Clerk's Office as Filed Map
No. 3276; thence southeasterly along the westerly Ii : s of said Lot 4 and the westerly line of
Lots 3, 2 and 1 as shown on said Filed Map No. 3276 iihe following four (4) courses:
5. South 2411 32' 57" East 141.96 feet,
6. South 251,16'42" East 212.54 feet,
7. South 260 40'47" East 5.07 feet and
8. South 270 10'00" East 182.38 feet
to a point, said point being the southeast comer of
CADocuments and Settingsyoan.GKLAMALocal Settingffemporary
SCHEDULE "
lands, now or formerly, of Owen (Deed
FAes10LK691Store Parcel.doc
APR -01-2010 THU 03:45 PH GELLERT & KLEIN PC FAX N0, 845 471 4442 P, 03/03
Liber 1460, Page 368); thence southwesterly along the southerly line of said Owen South 49°
14' 22" West 634.60 feet to a point, said point being an angle point on the northeasterly line of
the lands, now or formerly, of Tomkins (Deed Liber .1802, Page 694); thence northwesterly and
southwesterly along the northeasterly line of said Tompkins and the northeasterly and the
northerly lines of the lands, now or formerly, of Tomkins (Deed Liber 1342, Page 331) and,
Pagano (Deed liber 22007, Page 4414) the following three (3) courses:
4. North 41148'44" West 227.66 feet,
5. North 40° 55'21" West 121.36 feet and
6. South 81121'26" West 260.24 feet
to the point or place of BEGINNING and containing 12.62 acres of land, more or less.
C.Mocuments and Settingsljoan.GKLAWIloca) SaftgslTemporary lntemetl"WOLKOMStore Parcel.doc
o.
.. we "s
1p
.I IJ1
W7
Amended Map, Plan & Report
For
United Wappinger Water District
To Serve
Proposed Adams Fairacre Farms Site
Town of Wappinger
Dutchess County, New York
Town Supervisor — Chris Colsey
Council People
Vincent Bettina Joseph Paoloni
Ismay Czarnecki William Beale
Town Clerk .............. . Chris Masterson
Town .Attorney........................................................... Albert P. Roberts, Esq.
Highway Superintendent ............................................ Graham Foster
Original Dated: February 9, 2009
Revised: March 19, 2010
��A'i
jE
ARCHITEcTIENGINEER,;
OWNER
CLARK PATTERSON LEE
-
\ ct� G>- i; t' ; r;: - ✓ C^,/;
TOWN OF WAPPINGER
�.^
20 MIDDLEBUSH ROAD
900 CORPORATE BLVD
0? .
��, F 2a --'' � k- %��lVAPPINGER FALLS, NY 12590
NEWBURGH, NY 12550or=
567-6700
(845)297-2744
(845)
(845)297-4558 -FAX
(845) 585-9614 — FAX
Clark Patterson Lee
DESIGN PROFESSIONALS
United WappingerWater District
.✓_._ n1__ __.J P- f
TABLE OF CONTENTS
1.0 PURPOSE........................................................................................................... 1
2.0 MAP (AREA TO BE SERVED)........................................................................ 1
3.0 PLAN................................................................................................................... 1
3.1 Proposed connection to United Wappinger Water District .............. 1
3.2 Proposed On -Site Water Distribution System ...................................... 2
4.0 REPORT............................................................................................................. 2
LIST OF FIGURES
Figure 1: Map Showing Boundaries of Existing UWWD (prepared
by Morris Associates, PLLC and Proposed Adams
Fairacre Farms Store parcels
Figure 2: Map Showing Boundary of Extension Area to Serve the
Proposed Adams Fairacre Farms Store Parcel
LIST OF EXHIBITS
Exhibit A: Contract Agreement Between Adams Fairacre Farms,
Inc. and the Town of Wappinger
Exhibit B: Adams Fairacre Farms, Inc. Assignment of ]lights to
Adams-Wappinger, LLC.
Exhibit Q Unexecuted copy of Petition to Extend United Wappinger
Water District
United WappingerWater District
Map Plan and Report Page 1
1.0 PURPOSE
Pursuant to the request of Adams-Wappinger, LLC to extend municipal water
service to the subject site, this map, plan and report describes the facilities
associated with the proposed extension to the United Wappinger Water District to
serve the said parcel.
2.0 MAP (AREA TO BE SERVED)
The area to be served by the proposed United Wappinger Water District extension
is more particularly described as three commercial properties totaling 12.82 acres of
land located on the east side of Route 9 (tax map #6157-04-649374, 614375, &
649335) and referred to as the "Adams Fairacre Farms Store Site".
The subject site is currently not served by public water and sewer systems and is
not located within the approved service area of the existing United Wappinger
Water District. It is proposed to combine the three existing parcels into a single
parcel and develop the property as a 76,327 square foot store, garden center and
nursery site. The proposed commercial site will be served by public water in an
amount not to exceed 25,000 gpd and sewer in an amount not to exceed 8,000 gpd.
Figure 11s a tax parcel map showing the extent of the existing United Wappinger
Water District and proposed extension area. Figure 2 is an excerpt of the Town of
Wappinger tax map and orthophotos showing the proposed service area extension to
the United Wappinger Water District.
3.0 PLAN
3.1 Proposed connection to United Wappinger Water District
Municipal water service to the proposed Adams Fairacre Farms site will be supplied
via a connection to the existing eight (8) inch diameter Town water main located
along the western right-of-way of Route 9 and extending south along Route 9
approximately 350 feet then east through a boring under Route 9 to the site, and
also in a southerly direction approximately 230 feet to a point near the northeastern
portion of the Town owned right-of-way of Fowlerhouse Road. Service to the subject
site does not entail the acquisition of land and/or easements, however, a New York
State Department of Transportation highway work permit will be required.
United WappingerWater District Page 2
Map Plan and Report
3.2 Proposed On -Site Water Distribution System
The Developer will be responsible for design and construction of the on-site water
distribution system which includes an 8" diameter hydrant loop and connection to
the store. Distribution facilities installed by the developer along the frontage of
Route 9 and to the store site, including but not limited to, all mains, lines, valves,
hydrants, equipment, accessories and appurtenances necessary to transmit and
distribute potable water are to be dedicated to the Town on behalf of the United
Wappinger Water District. The proposed on-site water distribution system shall be
subject to review and approval by the Dutchess County Department of Health, NYS
Department of Transportation and Town of Wappinger. Installation of the water
mains will involve standard earthwork, piping, and construction techniques.
4.0 REPORT
Adams-Wappinger, LLC is the owner and developer of the area to be served. Adam.
Fairacre Farms, Inc., has entered into an agreement with the Town of Wappinger to
extend municipal water service from the established United Wappinger Water
District to the subject site. (Exhibit A) Adams Fairacre Farms, Inc. has assigned its
rights under this contract to Adams- Wappinger, LLC. (Exhibit B) The existing
United Wappinger Water District has adequate capacity to supply potable water to
the proposed development. The agreement sets forth the terms and conditions
under which the Town will provide municipal water to said parcel. The District
intends to include the above parcel in the United Wappinger Water District upon
petition of property Owner(s). (Exhibit C)
Adams-Wappinger, LLC shall be billed on an annual basis, benefit unit assessments
in accordance with the method and rate established for existing commercial parcels
in the United Wappinger Water District. The Adams Fairacre Farms site will be
billed on ,a quarterly basis for the actual quantity of water used as measured
through an individual water meter installed on the site. The water purchase cost
will be based on the O&M costs for the United Wappinger Water District, which
typically include labor, equipment, power, replacement parts, and any other one
time or recurring costs included within the annual budget for the water district as
deemed appropriate by the Town Board.
A single-family residence is the typical benefited property in the existing United
Wappinger Water District. The total yearly cost for a family residence (SFR) will be
equal to the yearly capital cost per benefit unit plus the cost for water estimated to
be used in a year.
The current cost per benefit unit for the United Wappinger Water District is
$125.59. The residential water usage rate for the 2010 budget year is $40.57 per
United WappingerWater District Page 3
Map Plan and Report
quarter plus $1.20 per 100 cubic feet in excess of 2,500 cubic feet. Based on
historical records of the Town, the typical residential parcel uses 2,500 cubic feet or
less per quarter and therefore is billed $40.57 per quarter or $162.28 per year.
Given this, the total yearly cost for the typical single family residence in the United
Wappinger Water District is $125.59 + $162.28, which equals $287.87.
The commercial water usage rate for the 2010 budget year is $90 per quarter for the
first 2,500 cubic feet plus $1.80 per 100 cubic feet for usage between 2,500 cubic feet
and 33,423 cubic feet, plus $2.40 per 100 cubic feet for usage in excess of 33,423
cubic feet. Based on an estimated maximum usage of 25,000 gpd, the total quaterly
cost is calculated to be $7,143.92.
As per the agreement with the Town of Wappinger, all legal, engineering and
construction expenses associated with the water district extension to serve the
proposed Adams Fairacre Farms Site will be defrayed by the owner/developers, and
will be at no cost to the United Wappinger Water District and/or the Town of
Wappinger.
FARMSSTORE
Exhibit A:
Contract Agreement Between Adams Fairacre
Farms, Inc. and the Town of Wappinger
AGREEMENT FOR CONSTRUCTION AND INSTALLATION
OF WATER AND SEWER LINES
THIS AGREEMENT made the - 7j day of by and between
ADAMS FAIRACRE FARMS, INC.
with an office at 195 Dutchess Turnpike, Poughkeepsie, New York 12603
(hereinafter referred to as "ADAMS")
and
THE TOWN BOARD OF THE TOWN OF WAPPINGER
with offices situate at
Town Hall, 20 Middlebush Road
Wappingers Falls, New York 12590
(hereinafter referred to as the "TOWN")
acting by and for itself and on behalf of the
WATER SEWER TREATMENT/IMPROVEMENT AREA — PHASE 3-:A
(hereinafter referred to as "W ST/TIA-3 A") and the
UNITED WAPPINGER WATER
R WA ER DIAS STRICT")
(hereinafter referred toa he "UNITED WAPPINGE
WITNESSETH•
WHEREAS, ADAMS is the contract vendee to purchase certain property located
on the eastside of Old Post Road in the TOWN (hereinafter referred to as the "STORE
PARCEL ,), which is more particularly described in Exhibit "A" attached hereto; ,and
WHEREAS, ADAMS has made application to the Town of Wappinger Planning
Board for Site Plan Approval to construct a retail building and plant nursery on the
STORE PARCEL; and
WHEREAS, this Agreement is contingent upon ADAMS receiving Site Plan
Approval from the Town of Wappinger Planning Board to construct a retail building and
plant nursery on the STORE PARCEL; and
0:1Wappinger\PlanningBoard\Adams Fairacre Farms\WATER-SEWER CONSTRUC-TION AGMT- revised.doc
Last Revised 12/03/08 ,
WHEREAS, the TOWN has acquired a Sewer Easement, through lands of
HEARTLAND, LLC, 1271 Route 9, Wappingers Falls, New York, on the west side of
Route 9, which easement was recorded in the Dutchess County Clerk's Office on March
21, 2006 as Doc# 02-2006-2290, through which a sewer main has been constructed and is
interconnected with the sewer main owned and operated by WST/TIA3A; and
WHEREAS, ADAMS proposes to connect to the sewer main constructed within
the HEARTLAND Easement in accordance with plans approved as hereinafter set forth;
and
WHEREAS, the STORE PARCEL will require the right to use up to a maximum
of 25;000 gallons of water per day based on a quarter annual average, of which a
maximum of 8,000 gallons per day will be used for domestic usage and 17,000 gallons
per day will be used for irrigation, upon terms and conditions hereinafter set forth; and
WHEREAS, the STORE PARCEL is contained within the geographical
boundaries of the Wappinger Sewer Transmission/Treatment Improvement Area
(WSTITTIA) — Phase 1 and 2 as to the main sewer trunk line constructed therein, but is not
contained within the geographical boundaries of WST/TIA Phase 3A, the closest sewer
lateral extension area; and
WHEREAS, ADAMS desires the STORE PARCEL to be connected to the
Town's sewer system through WST/TIA-3A; and
WHEREAS, the Tri -Municipal Sewer Commission approved and authorized the
STORE PARCEL to connect to WST/TIA-3A as an outside user for a maximum sewer
discharge of 8,000 gallons per day at their September 6, 2007 meeting; and
2
WHEREAS, by approval of this Agreement, the TOWN .hereby authorizes the
STORE PARCEL to be connected to WST/TIA-3A as a Tenant, and to interconnect with
the current sewer transmission line in or near the HEARTLAND Sewer Easement,
pursuant to the terms and conditions set forth in this Agreement; and
WHEREAS, the STORE PARCEL is not contained within the United Wappinger
Water District, the Town's main source of supply for domestic water usage; and
WHEREAS, ADAMS proposes to petition the TOWN to extend the boundaries
of the united Wappinger Water District to include the STORE PARCEL; and
WHEREAS, by approval of this Agreement, the TOWN hereby authorizes the
STORE PARCEL to be connected to the United Wappinger Water District in or near the
termina-bon of the Town Water Line located on the west side of Route 9 located adjacent
to the HEARTLAND, LLC PARCEL, at 1271 Route 9, Wappingers Falls, New York,
pursuant to the terms and conditions set forth in this Agreement.
-NOW, THEREFORE, in consideration of the mutual promises, covenants and
conditions herein contained, and other good and valuable consideration, ADAMS and the
TOWI'+t ,on behalf of the WST/TIA-3A and the UNITED WAPPINGER WATER
DISTRICT hereby agree as follows:
T, •rL + „� -Vlo e cAt forth aYe hereby incorporated into
I(Cl•!tl/
'dllUJ. 111c rcciluli�nto utiv.v .,...
this Agreement as if fully set forth herein.
2. Sewer.
2.1. Sewer Main. ADAMS will construct an extension of the sewer main
(sewer collector line) owned and maintained by WST/TIA-3A and located within the
Town -owned HEARTLAND Sewer Easement, 1271 Route 9, Wappingers Falls, New
O:\Wappinger\PlanninoBoard\AdtimS Fairacre Farms\WATER-S1-WER CONSTRUCTION AGMT- revised.doc
Last Revised 12/03/08
York (identified as Tax Grid No. 6157-04-570395) to a point bear the north-easterly
portion of the Town -owned road right-of-way for Fowlerhouse Road, and, in addition,
easterly across U.S. Route 9, to the STORE PARCEL. The construction of the sewer
main extension will be completed in accordance with plans and specifications approved
by Clark Patterson Lee, engineers to the Town of Wappinger for this matter, subject to
the approval of any modifications required by the Dutchess County Health Department.
The plans and specifications for the sewer main extension have been prepared by Morris
Associates, and will be placed on file with the Town Clerk of the Town of Wappinger
after approval by the Dutchess County Health Department. Once approved by the
Dutchess County Health Department, said plans and specifications shall be deemed part
of this Agreement.
2.2. License to Construct. The TOWN hereby grants a license to ADAMS to
enter upon and within the Town -owned HEARTLAND Sewer Easement to make such
improvements and/or reconstruction to the sewer line contained within said Easement in
accordance with the plans and specifications above described.
2.3. Consent to Inclusion in Sewer District or Sewer Improvement. In the
event the TOWN undertakes the formation of a public sewer improvement, either by the
formation of a Sewer District pursuant to Article 12 or 12-A of the Town Law, or a
Sewer Improvement Area pursuant to Article 12-C of the Town Law, ADAMS, for itself,
its successors and assigns hereby, affirmatively agrees not to object or oppose in any
manner the formation of such Sewer District or Sewer Improvement Area which would
include the STORE PARCEL, provided that the STORE PARCEL is financially treated
I
the same as existing parcels within the proposed District/ Sewer Improvement Area as of
the date of the formation of the proposed new District/improvement Area.
2,4, Sewer Usage Fees. As a further condition for permission to connect to
the WST/T'IA-3A, as a tenant, ADAMS and/or the STORE PARCEL shall pay a fee
1 t Benefit cnnnc»i-nts and On-Prat.nn and MSa11111P11a11,..p.. c.,li -mes (�,O&M") as if the
Vy UCLl LV 1Jl�L1V LLL ! 1JJ VJJlllVaa �.�
STORE PARCEL were originally included in WST/TIA-3A, pro -rated from the time of
connection to the sewer system, until such time as the STORE PARCEL is included in a
subsequent sewer improvement and/or sewer district.
2;5. Surcharge for Excess Sewer Usage. It is expressly understood the
TOWN has entered into this Agreement for sewer service based on the express
representation of ADAMS that it will not use more than 8,000 gallons of sewer per day or
729,000 gallons on a quarter annual basis. Because of the limited availability of sewer
capacity al the Tri -Municipal Sewer Plant, the TOWN hereby imposes a surcharge on
excess of sewer discharge as follows:
i. in the event the STORE PARCEL discharges in excess of 729,000
gallons of sewage for any quarter annual billing period based on metered domestic water
usage, the STORE PARCEL will pay a surcharge of twenty-five percent (25%)of the
sewer rate charged for said quarter annual billing period. (Metered domestic water usage
as used in this sub -paragraph shall not otherwise be used to determine the quarter annual
O&M sewer charge.)
ii. it is expressly understood that this surcharge of the sewer rate will
survive any inclusion of the STORE PARCEL into a Sewer Improvement Area or Sewer
District as the same may be established or created by the TOWN at any time hereafter.
r . _........ ra.�.T"�l n•rcv cl��al:n Rl isTION AGM•I'- rvvked tint'
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Last Revised 12103/08
2.6. i�i'ai'rer of O&M lurcharge. In consideration of the construction and
extension of the sewer mains as set forth in the Agreement, the TOWN hereby
determines that ADAMS shall not be required to pay the additional thirty percent (30%)
sewer surcharge of O&M charges otherwise required by the Town Code Section 236-6.c.
3. Water,
3.1. Water Main. ADAMS will also construct a water main from the STORE
PARCEL westerly across Route 9 and northerly within the Route 9 right-of-way to the
existing terminus of the water main owned and operated by the United Wappinger Water
District and located adjacent to the HEARTLAND, LLC PARCEL, 1271 Route 9,
Wappinger Falls, New York, and in a southerly direction to a point near the northeasterly
portion sof the Town -owned road right-of-way for Fowlerhouse Road, in accordance with
plans and specifications hereinafter defined. The plans and specifications for the waxer
main extension have been prepared by Morris Associates, and will be placed on file with
the Town Clerk of the Town of Wappinger after approval by Clark Patterson Lee, the
Town's engineers for this project, the NYS Department of Environmental Conservation
(DEC) and the Dutchess County Health Department. Once approved by Clark Patterson
Lee, the DEC and the Dutchess County Health Department, said plans and specifications
shall be deemed part of this Agreement. The TOWN reserves the right to require the
sleeve to be constructed under Route 9 to accommodate up to a ten (10) inch water line.
3.2, Extension of Water District. Simultaneously with the execution of this
AgreemeIlt, ADAMS agrees to petition the TOWN and the United Wappinger Water
District to expand the Water District boundaries to include the STORE PARCEL. By
execution of this Agreement, ADAMS consents to any extension of the United
rol
Wappinger Water District undertaken by the TOWN independent of the petition to be
submitted by ADAMS pursuant to this paragraph. ADAMS agrees to reimburse the
TOWN for all costs and expenses associated with the extension of the United Wappinger
Water District to include the STORE PARCEL, including the costs of any professional
and related feel it iC in ended thai these costs and expenses be limited to the
expansion for the benefit of the STORE PARCEL only and not for any additional parcels.
33 Waiver of O&M Surcharge. In consideration of the construction and
dedication of the water main extension, ADAMS will not be required to pay the
additional 30% surcharge of Operation and Maintenance charges (O&M) as otherwise
required by Town Code Section 236-6.c. ADAMS otherwise affirmatively agrees not to
object oruppose in any manner to the extension of the United Wappinger Water District
to include the STORE PARCEL.
3.4. Water Service. Until such time as the United Wappinger Water District
is lawfully expanded to include the STORE PARCEL, the United Wappinger Water
District agrees to provide water service and supply water to the STORE PARCEL up to a
maximum of 25,000 gallons per day, based on a quarter annual average. The water
service will be metered in accordance with the standards of the United Wappinger Water
District. ADAMS will install separate water meters for domestic water usage and for
irrigation usage, in accordance with a plan approved by the Engineer to the Town.
3.5. Tenant Rate. Pending inclusion in the United Wappinger Water District,
the STORE PARCEL will pay a tenant usage charge equivalent to capital benefit
assessments. as assigned by the Town of Wappinger Assessor, in accordance with the
established formula for Benefit Assessments for United Wappinger Water District,
A(;M"I- revieed doc
\41�(l�lililibl.iliiiiliie;i�•:i{iu1����:����- r:{�••"• •'.�". .'
Last Revised IZ/08
together with quarterly Operatiun and Maintenance charges based or, meter usage in
accordance with Town Code section 234.44A(2). Such payments shall be made pro -rated
from the date of connection to the United Wappinger Water System.
3.6. Maximum Allocation. It is expressly understood that this Agreement has
been entered into on the representation by ADAMS that it will not need, require or
consume in excess of 25,000 gallons of water per day based on a quarter annual average.
Bills for water usage, (O&M charges) will be billed to ADAMS on a quarter annual
basis.
3,7. Surcharge for Excess Water Usage. It is expressly understood that the
TOWN has entered in this Agreement for Water Supply based on the express
representation of ADAMS that it will not use more than 25,000 gallons of water per day,
or 2,281,250 gallons based on a quarter annual average. Because of the limited
availability of water in the United Wappinger Water District, the TOWN hereby imposes
a surcharge on excess water usage as follows;
i. In the event the STORE PARCEL uses water in excess of 2,281,25',0
gallons for any quarter annual billing period, the STORE PARCEL will pay a surcharge
of twestty-five percent (25%) of the water rate charged pursuant to the Town of
Wappinger Water Rate Structure pursuant to Town Code section 234-44A(2)(a), as the
same may be amended from time to time hereafter;
ii. It is expressly understood that this surcharge of the water rate will
survive any expansion of the United Wappinger Water District that includes the STOKE
PARCEL and such surcharge is in addition to the Wappinger Water Rate Structure as
established by the TOWN from time to time hereafter.
8
4. Professional Reviews and Insyection Fees. ADAMS will pay for all
costs, professional review fees and construction inspection fees incurred by or on behalf
of the TOWN in negotiating, drafting, monitoring and implementing the provisions of
this Agreement. In addition, ADAMS will pay for all professional reviews, consultations,
including construction inspection fees, incurred by the TOWN in connection with this
Agreement.
5, Dedication of Water and Sewer Mains. Upon completion of the
construction and extension of the water and sewer mains, ADAMS will dedicate the
water :and sewer mains and related appurtenances or improvements to be constructed
pursuant to paragraphs 2 and 3 above to the TOWN on behalf of the United Wappinger
Water District and the WST/TIA-3 A, as the case may be, free and clear of any liens or
encumbrances, together with such easements as may be necessary to permit the TO"
on behalf of the United Wappinger Water District and WST/TIA-3A to operate and
maintain :such water and sewer mains, all in form acceptable to the Engineer to the Town,
and the Attorney to the Town.
6. Dedication of Easements. ADAMS further agrees to grant to the TOWN
on behalf of WST/TIA-3A or the United Wappinger Water District, any easements
^� *� ,It„ +,�;.� n� nr�carata tha 1►IatPr and sewer CVCtf'mp aC d,etermined
_ .1
r1CCUGlI ail JUccc SS1llll�' lA lCllI ll.Gll ■t uilu vrva u�v
by the engineers representing the 'TOWN. Such easements shall be in such form as are
acceptable to the Attorney to the Town and the Engineer to the Town.
. Additional Conditions. This Agreement is expressly contingent upon
the Town Highway Superintendent, the 1'OWN or any of its affiliated approving Boards
(i.e. Planning Board, Zoning Board of Appeals) issuing, passing or adopting such
0:\Wappinge6l)lanning3oard\Adams Fairacre Farms\WATER-SEWER CONSTRUCTION AGMT- revised.doc
Last Revised 1210310$ 9
Certification, Resolutions, Amendments, Variances and/or Local Laws as are required to
authorize the TOWN to:
i. Abandon unneeded portion of Old Post Road to ADAMS, consistent
with Highway Law Section 171, the property identified in the description and map
attached hereto as Exhibit "B";
ii. Permit the placement of a stop sign on Old Post Road at the location on
the map attached hereto as Exhibit "C";
iii. Permit the reduction in the number of loading docks from nine (9) to
two (2) loading docks.
Performance Of Work.
B.I. Standards of Construction. All work performed pursuant to this
Agreement shall be done in a good and workmanlike manner, and consistent with the
standards of construction in Dutchess County, New York, and ADAMS and/or their
contractors shall do all the work and furnish at their own cost and expense, all labor,
supervision, machinery, equipment, facilities, tools, transportation, supplies, materials,
insurance, permits, certificates, tests, guarantees, protection of equipment, property, and
life during construction, and all other things necessary for the proper completion of the
work in a good and workmanlike manner, complete in every respect and detail, and left
ready and in perfect condition for use by the "I,OWN.
&2. Compliance. All work performed under this Agreement shall be done
according to the highest standards of the trades involved, and shall conform to the
requil"ements of ally utilities, and any and all Federal, State and Local Laws, Codes,
10
Rules, Regulations and Statutes that may be in effect by any governmental agency having
jurisdiction of the work.
8.3. Plans. This clause shall not be construed as relieving the contractor from
complying with any requirements of the plans and specifications which may be in excess
of the requirements mentioned herein.
9. Insurance.
9.1. Certificate. ADAMS and/or their contractors shall provide the TOWN
with a Certificate of Insurance, which indicates a current Commercial General Liability
Policy is in force, with an insurance company with an A.M. Best's rating of "A" or better.
The occurrence limit must indicate a limit of not less than $1,000,000 with a $2,000,000
general liability umbrella. The TOWN must be named as an additional insured.
9.2. Indemnification. ADAMS, or their contractors, shall indemnify and
hold harmless the TOWN against all claims on account of injury, loss or damage arising
out of or alleged to arise out of or in connection with the work to be performed
hereunder, including all expenses incurred by the TOWN in the defense, settlement or
satisfaction thereof, including expenses of legal counsel.
10. Buildinig Permit. It is expressly understood that no Building Permits for
��„„ Site imnro�iements to the STORE PARCEL, will be
const.LlIc *iono;
issued until such time as this Agreement has been record in the Dutchess County Clerk's
Office and proof thereof has been filed with the Building Department of the Town of
Wappinger.
O \Wappinger\PlanningBoard\Adams Fairacre Farms\WATER-SEWER CONSTRUCTION AGMT- revised.doc
Last Revised 12/03/08 11
H. Entire Agreement. This written Agreement, when signed by all parties
above identified, forms the entire Agreement between the Parties and replaces and
supersedes all prior Agreements or understandings between the Parties, if any.
12. Applicable Law. This Agreement shall be governed by, construed and
enforced in accordance with the laws of New York State with regard to conflicts of laws
and principles of law.
13. Waiver. No waiver of any breach of any condition of this Agreement
shall be binding unless in writing and signed by the party waiving such breach. No such
waiver shall in any way affect any other term or condition of this Agreement or constitute
a cause or excuse for repetition of such or any other breach unless the waiver shall
specifically include the same.
14. Modification. This Agreement constitutes the complete understanding of the
parties. This Agreement may not be modified unless approved by a Resolution of the
TOWN authorizing a written modification to the Agreement and said modification is signed
by both parties.
15. Notices. All notices, demands, requests, consents, approvals or other
communications (for the purpose of this paragraph collectively called "Notices") required or
permitted to be given hereunder to any party to this Agreement shall be in writing and shall
be sent by overnight delivery service (Federal Express or equivalent) or registered or
certified mail, return receipt requested, postage prepaid, addressed as follows, or to such
other address as such party shall have specified most recently by like Notice.
12
If to ADAMS, to:
Adams Fairacre Farms
195 Dutchess Turnpike
Poughkeepsie, New York 12601
Attn. Donald Adams and Patrick Adams
With a copy to:
Stephen E. Diamond, Esq.
Gellert & Klein, P.C.
75 Washington Street
Poughkeepsie, NY 12601
If to TOWN, to:
Christopher J. Colsey, Supervisor
Town of Wappinger
20 Middlebush Road
Wappinger Falls, New York 12590
With a copy to:
Albert P. Roberts, Esq.
Vergilis, Stenger, Roberts & Davis, LLP
1136 Route 9
Wappingers Falls, New York 12590
or Successor Attorney to Town
Notices given as provided above shall be deemed given on the date so mailed.
Pffunt and Duration- The terms; covenants, and agreements
1 V. Lill /l lal Lilvva
herein contained shall be binding on the parties hereto, there respective heirs,
distributees, legal representatives, successors and assigns, and ALL TERMS AND
COVENANTS HEREIN SHALL RUN WITH THE LAND EFFECTED HEREBY AND
SHALL BE PERPETUAL IN DURATION.
0;\Wappinger\Plammng8oard\Adams Fairacre Farms\W ATER-S EWER CONSTRUCTION AGMT- revised.doc
Last Revised 12/03/08 13
17. Successors and Assigns. This Agreement shall apply to and bind the
successors and assigns, heirs, administrators and executors of the parties hereto.
18. Exhibits. All of the Exhibits annexed hereto shall be deemed to be and the
same are hereby made a part of this Agreement.
19. Assignment. ADAMS reserves the right to assign this Agreement to
another corporation, limited liability company or other business entity provided the
assignee takes title to the STORE PARCEL on five days advanced notice to the TOWN.
IN WITNESS WHEREOF, the parties have each executed this Agreement in
four counterparts, each of which shall constitute an original, as of the day and date first
above written.
ADAMS F,AIRACRE FARMS
WAPPINGER
By:
I �---
CHRISTOPHER J%bi-
. OLSEY, SUtIERVISOR
Graham Foster, in his capacity as Highway Superintendent of the Town of
�! _ __ t aL'.. .7 .. .... ....4 r,4._oo of l:ak, ennSent to
Wappinger, joins in iuc rxecuuvu u1 u�i� uv�uu.a u� ui �:;u.,...
comply with the provisions of Highway Law Section 171 to abandon unneeded
portions of Old State (toad as identified in Exhibit "B".
Date.9 1 (
GRAHAM FOSTER,
HIGHWAY SUPERINTENDENT
14
SPATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS)
On the _3 day of Deeernber, 2"8, before me the undersigned, a Notary Public in and
for the State, personally appeared1- , c� , 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. /
C-1
4 SL`�61�M ri1S 1 c
Notary Public RE
STATE OF NEW YORK )
) ss.
COUNTY OF DUTCHESS)
DAWN M. MOO
Notary public, State of New Vbfk
Fie gg. No. 01M06092798
Glualified in D `� May 27u20�..
Commission Exp'
n�
On theO day of December, 2008, before me the undersigned, a Notary Public in and
for the State, personally appeared CHRISTOPHER J. COLSEY, 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, ex uted the instrument.
Notary Public
SANDRA A. OAKLEY
STATE OF NEW YORK ) Notary Public, State of New York
No. U1 OA6098174
ss. Qualified in Uutchess County
COUNTY OF DUTCHESS ) Commission Expires September 2,20
On the;? Y day of December, 2008, before me the undersigned, a Notary Public in and
for the State, personally appeared GRAHAM FOSTER, personally known to me or
,7 t_ ___,. ah., t......:.. ..♦^ �..+in%ntnr�r eVidPY��P to be the individual whose name is
pfc ved tV rile On he basis o s,atisf +
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 this instrument.
Notary Public
ALBERT P. ROBERTS
NOTARY PIIBI_IC, State of New York
OI ^lified is Difthess County
Cnmmission Expires Feb. 28, 20 / G
O:\Wappinger\PlanningBoard\Adams Fairacre Farms\WATER-SEWER CONSTRUCTION AGMT- revised.doc
Last Revised 12/03/08
15
LIST OF EXHIBITS
AGREEMENT FOR ATER INSTALLATION
OF AND SEWER LINES
Exhibit "A" — Legal Description for "Store Parcel"
Exhibit "B" — Legal Description and Map for abandoned unneeded portion of
Old Post Road
Exhibit "C" — Map for placement of a stop sign on Old Post Road
LEGAL DESCRIPTION OF LANDS OF
ADAMS FAIRACRE FARMS
T/O OF WAPPINGER
01/06/08
ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess
and State of New York and is more particularly described as follows:
BEGINNING at a point on the easterly line of U.S. Route 9 and being the southerlymost point
of Old Route 9, said point also being the northwesterly corner of Lot 1 as shown on a certain
map entitled "Subdivision Plat John and Nancy Tarnto" e northeasterlyand filed in the along the easterly lutchess ine of said Old
County
Clerk's Office as Filed Map No. 4005; then
Route 9 the following two (2) courses:
1. North 11° 27'07" East 222.00 feet and
2. North 06° 47' 07" East 182.60 feet
to a point, said point being the southwest corner of the lands, now or formerly, of Mattison
(Deed Liber 1943, Page 225); thence northeasterly along said Mattison North 041 40' 23" East
20:04 feet to a point, said point being the southwest orthwe northwesterly the
andlands,
southeaste southeasterly along ythe
of
Briscoe (Deed Liber 1730, Page 110); thence
westerly and northerly lines of said Briscoe the following two (2) courses:
1. North 101 39'03" West 79.49 feet and
2. South 89148' 57" East 145.93 feet
to a point, said point being the southeast corner of the lands, now or formerly, of Masch (Deed
Liber 22005, Page 10267); thence northwesterly along the easterly line of said Masch North
010 16' 57"'West 65.02 feet to a point, said point being the northwest corner of said Mattison;
thence northeasterly along the northerly line of said Mattison North 810 23 03" East on a certain ma0
feet to a point said point being located on the westerly line of Lot 4 as shown p
entitled "Brook Hollow Estates" and filed in the
Dutss County of said LotC4 andOthece as westerly Filed Map
e
No. 3276; thence southeasterly along the westerly line
of
Lots 3, 2 and 1 as shown on said Filed Map No. 3276 the following four (4) courses:
1. South 24° 32' 57" East 141.96 feet,
2. South 251 16'42" East 212.54 feet,
3 South 260 An' Q7" Fast 5.07 feet and
4. South 270 10' 00" East 182.38 feet
to a point, said point being the southeast corner of the lands, now or formerly, of Owen (Deed
Liber 1460, Page 368); thence southwesterly along the southerly line of said Owen South 490
14' 22" West 634.60 feet to a point, said point being an angle point on the northeasterly line of
the lands, now or formerly, of Tomkins (Deed Liber 1802,
Page 694); thence northwesterly and
and the
southwesterly along the northeasterly line of said Tompkins
Deed d the her 1342e Pagey331) and
northerly lines of the lands, now or formerly, of Tomkins
Pagano (Deed Liber 22007, Page 4414) the following three (3) courses:
FAUSER\clientsWAdams Fairacre-T-Wappinger\Entire Store Parcel.doc
MIBIT "A"
1. North 4111 48' 44" West 227.66 feet,
2. North 400 55' 21" West 121.36 feet and
3. South 811 21' 26" West 260.24 feet
to the point or place of BEGINNING and containing 12.32 acres of land, more or less.
Together with ALL that certain parcel of land situate in the Town of Wappinger, County of
Dutchess and State of New York and is more particularly described as follows:
BEGINNING at a point on the easterly line of U.S. Route
on Plat John andeNancy Tarntoy
corner of Lot 1 as shown on a certain map entitled
and filed in the Dutchess County Clerk's Office as Filed oinpon the foOmerhwesterly lineence rof
through said Route 9 North 060 02 17 feet ap
West 167.53
Old Route 9; thence northerly along the westerly line of said Old Route 9 the following two (2)
courses:
3. North 11° 27 07 East 99.30 feet and
4. North 060 47' 07" East 3.43 feet
h a
ius of
to a point; thence northeasterly crossing Old Route 9rtf1420 02' curve
East and a cto the left hord ledngth of
75.00 feet, an arc length of 92.32, a chord bearing No
86.60 feet to a point on the westerly line of the lads, no or forne merly,
sada O ennthe following
Liber
1460, Page 368); thence southwesterly along theY
three (3) courses:
3. South 06147' 07" West 76.18 feet,
4. South ill 27' 07" West 222.00 feet and
5. South 101 56' 18" West 39.12 feet
to the point or place of BEGINNING and containing 0.230 acres of land, more or less.
F:\USER\clients\A\Adams Fairacre-T-Wappinger\Entire Store Parcel.doc
EXHIBIT "A"
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E%HBIT "B" — Part I
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S TO BE CONVEYED TO
LEGAL DESCRIPTION FAIRACR EFARMSBYAD
ADAMS THE TOWN OF WAPPINGER
PARCEL A
T/O OF WAPPINGER
MA# 206111.000
9/13/07
ALL that certain parcel of land situate in the Town of Wappinger, County of Dutchess
and State of New York and is more particularly described as follows:
BEGINNING at a point on the easterly line of U.S. Route 9, said point being the northwesterly
corner of Lot 1 as shown on a certain map entitled "Subdivision Plat John and Nancy Tarnto"
and filed in the Dutchess County Clerks Office as Filed Map No. 4005; thence northerly
through said Route 9 North 060 02 17 West 167.53 feet a point on the formerollow ng two (2)
westerly line of
Old Route 9; thence northerly along the westerly line of said Old Route 9 the f
courses:
1. North 11127' 07" East 99.30 feet and
2. North 060 47' 07" East 3.43 feet
th a radius of
to a point; thence northeasterly crossing Old Route North 42° 02' 59e East and a cong a curyto the left ihord length of75.00 feet, an arc length of 92.32, a chord bearing Nr
86.60 feet to a point on the westerly line of the lands, now or formerly, of Owen (Deed Liber
1460, Page 368); thence southwesterly along the westerly line of said Owen the following
three (3) courses:
1.
South 06047'07"
West 76.18 feet,
2.
South ill 27'07"
West 222.00 feet and
3.
South 101 56'
18"
West 39.12 feet
to the point or place of BEGINNING and containing 0.230 acres of land, more or less.
CADocuments and Settings\Diamond.GKLAMLocal Settings\Temporary Internet Files\OLK1\Parcel A.doc
EXHIBIT "B" — Part 11
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1
STOP SIGN
1 �
NEW STOP SIGN 1
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STOP
STOP SIGN
ENTRY -EXIT SIGN
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BAR PAVEMENT
MARKING
I I I NEW ADAMS I-- —
E NTRANCE/EXIT
I I I PLANTING
STRIP
NEW WIDENED I �Q
OLD POST ROAD
I It. TO INCLUDE
TURNING LANES
I I I EXISTING _
TURNING LANE
II I I STONE WALL — b
I � t
I I PROPOSED
TRAFFIC LIGH
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1 NEW STOP SIGN LOCATION PLAN
TINXELMAN
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FAIRA E�►�MS a``
T*A
206 MAIN ORREET
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VVTITRTT 'fill'
Exhibit B;
Adams Fairacre Farms, Inc. Assignment
of Rights to Adams-Wappinger, LLC.
ASSIGNMENT
For value received, ADAMS FAIRACRE FARMS, INC., "Assignor", 765 Dutchess
Turnpike, Poughkeepsie, New York, 12603, does hereby assign and convey to ADAMS-
WAPPINGER, LLC, "Assignee", 765 Dutchess Turnpike, Poughkeepsie, New York 12603, all
of its interest, rights and obligations contained in an Agreement For Construction and Installation
of Water and Sewer Lines, dated January 13, 2009 by and between Assignor and The Town
Board of the Town of Wappinger, acting by and for itself and on behalf of the Water Sewer
Treatment Improvement Area - Phase 3-A and The United Water District, as extended,
AND
all of the rights and obligations as set forth in a certain Resolution of the Town of Wappinger
Planning Board as the same may have been, or shall be adopted as final, pertaining to the
Assignee's planned development of four (4) parcels, for a total of 12.84 +/- acres on the east side
of Route 9 worth of MacFarland Road and south of Old Hopewell Road, (the "Development"),
AND
Assignor .further assigns to Assignee all documents, plans, studies, assessments, environmental
reviews, correspondence, easements, permits, certifications and all other items pertaining to the
Development, heretofore and hereafter issued by Assignor and on its behalf, for presentation to,
without limitation, the Planning and Town Boards of the Town of Wappinger, the Dutchess
County Department of Health and Department of Law, the United States Army Corps of
Engineers and the United States Department of Interior, Fish & Wildlife Service.
Assignee executes this instrument for purposes of accepting the said Assignment.
IN WITNESS WHEREOF, the undersigned executes this Assignment this day of
September, 2009.
ADAMS AIRACRE FARMS, INC.
By:
President
ADAMS-WAPPINGER,_LLC
STATE OF NEW YORK )
)Ss:
COUNTY OF DUTCHESS )
Member
On the L day of September in the year 2009, before me, the undersigned, personally
appeared 1 , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ics), and that by his/her/their signature on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK ) LEAN M. BERNARD
NOTARY PUBLIC -STATE OF NEW YORK
)Ss. No. 01 BE6154727
COUNTY OF DUTCHESS) Qualified In Dutchess County
M Commission Expires October 23, 20
Onihe 19 day of September in the year 2009, before me, the undersigned, personally
appeared43j�k arKs , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within
instrument.and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public -
LEAH M. BERNARD
FAUSER\clients\AM&- Fairacre-T-Wappinger\ASSIGNMENT to Adams Wapp.wpd NOTARY PUBLIC -STATE OF NEW YORK
No.01BE6154727
Qualified in Dutchess County
My Commission Expires October 23, 26
Exhibit C
Unexecuted Copy of Petition to Extend
United Wappinger Water District
PETITION FOR EXPANSION OF WATER DISTRICT
TO THE TOWN BOARD OF THE TOWN OF WAPPINGER, COUNTY OF
DUTCHESS, NEW YORK.
The undersigned, being owner of taxable real property situate in the
expansion area of the water district hereinafter described and currently existing in
the Town of Wappinger, aggregating all of the assessed valuation of all the
taxable real property within the expansion area of such district, as shown upon
the latest completed assessment roll of said town, and including resident and
non-resident owners in said proposed expansion area of said district according to
the latest completed assessment roll, do hereby petition the Board as follows:
(1) Petitioner proposes, pursuant to Article 12 of the Town Law, that the
Town Board of the Town of Wappinger (hereinafter, the "Town"),
expand the United Wappinger Water District, as extended (hereinafter
the "UWWD"), in the territory and with the boundaries described in the
attached Schedule "A", (hereinafter, the "Expansion Area");
(2) Said territory. is located wholly within the Town of Wappinger
(hereinafter, the "Town"), County of Dutchess, State of New York, and
is outside any city or incorporated village;
(3) The Town Board executed an Agreement for Construction and
installation of Water and Sewer Lines (the "Construction Agreement")
with Adams Fairacre Farms, Inc., wherein the Town authorized the
connection of the real property within the expansion area to the United
F:\USER\clients\A\Adams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc
Wappinger Water District, (Exhibit "C"), contingent upon the
undersigned petition to the Town Board to expand the United
Wappinger Water District and further contingent upon purchase by
Adams Fairacre Farms, Inc. of the properties affected herein.
Thereafter, Adams Fairacre Farms, Inc. assigned all rights and
interests in the Construction Agreement to Adams-Wappinger, LLC
(hereafter, "Adams".) On October 31, 2009, Adams did, in fact, acquire
said real property.
(4) All construction work for the laying out and installing of the
improvements within the Expansion Area as described on Exhibit "A"
_attached hereto and made a part hereof will be paid for by Adams so that
no expenses occasioned by the Expansion of said District shall be levied
and collected from the several lots and parcels of land within the District
as same currently exists, by assessment or otherwise, and any and :a1 -of
such work shall be done and completed by the Petitioners in accordance
with the map and plan hereinafter described;
(5) Accompanying this Petition and attached hereto as Exhibit "B" are a map
and plan prepared by Clark Patterson Lee, duly qualified, Professional
Engineers, licensed in the State of New York, showing the boundaries of
the existing water district, together with the Expansion Area, as well as all
of the outlets and the terminus and course of each new proposed main;
(6) The maximum amount proposed to be expended for the construction and
acquisition of the above described improvement is two hundred twenty
F:\USER\clients\A\Adams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc
(7) The expense of operation and maintenance of said District, following the
expansion, shall be assessed, levied and collected from the several lots
and parcels of land within the proposed District, as expanded, so much
upon and from each as shall be in just proportion to the amount of benefit
which the Town Board shall determine. The improvement shall confer
upon the same and in accordance with the applicable statutes made and
provided therefore;
(g� ,Adams intends to construct all improvements within said Expansion Area
wholly at their expense and to transfer title thereto to the Town or other
government agent for said District, free and clear of encumbrances except
the right of access to said improvements by adjoining landowners; who
.are not purchasers;
{,9) The assessed valuation of all the taxable real property situate in the
proposed water district, as such valuations appear on the latest completed
assessment roll of the Town is Two Million Fifteen Thousand Four
Hundred ($2,015,400.00) Dollars. The petitioner is sole owner, including
resident owners and non-resident owners, of real property situate in the
Expansion Area, which property according to the latest completed
assessment roll of the Town, shows the assessed valuations respectively
set out next to the names of the prior owners as follows:
Names and addresses of Non -Resident Assessed Valuation
Petitioners formerly owning property within of Property Owned
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WATER DISTRICT I 1-25-09.doc
the Expansion Area
Lot No. 135689-6157-04-649335
Victor and Jacqueline Owen $ 1,405,000.00
158 Old Post Road, Wappinger, NY
(Victor Owen died November 14, 2008)
Lot No. 135689-6157-04-649374
Florence Mattison 335,400.00
154 Old Post Road, Wappinger, NY
Lot No. 135689-6157-04-614375
Percy and Jeanette Briscoe 275,000.00
152 Old Post Road, Wappinger, NY
All those properties have been combined into one parcel pursuant to
approval of the application before the Town of Wappinger Planning Board.
`WHEREFORE, Petitioner respectfully stget here uest thnaboveTown
proposed and
the Town of Wappinger, expand the Water
descf1bed and that a public hearing thereon be held according to law.
Dated: Wappingers Falls, New York
, 2009
Petitioners:
ADAMS-WAPPINGER, LLC
By:
PATRICK ADAMS,
Operating Manager
STATE OF NEW YORK
COUNTY OF DUTCHESS)
On the day of , in the year 2009, before me, the undersigned,
a Notary Public in and for said state, personally appeared PATRICK ADAMS,
personally known to me or proved to 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
F:\USER\clients\A\Adams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc
the individual acted, executed the instrument.
Notary Public
F:\USER\clients\A\Adams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF
WATER DISTRICT 11-25-09.doc