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Amended Map, Plan & Report (3/19/2010) .. .. .. Amended Map, Plan & Report ... For United Wappinger Water District To Serve Proposed Adams Fairacre Farms Site ... .. .. Town of Wappinger Dutchess County, New York '~ ~1' C~~ \ <> ~ '-1", f d "< 1, ~ "} ~ ~. .. Town Supervisor - Chris Colsey .. Council Peol!k .. Vincent Bettina Ismay Czarniecki Joseph Paoloni William Beale .. ... Town Clerk...... ...................................... .... ...... ........... Chris Masterson Town Attorney........................................................... Albert P. Roberts, Esq. Highway Superintendent ............................................ Graham Foster .. .. ARCHITECT/ENGINEER CLARK PATrERSON LEE 900 CORPORATE BLVD NEWBURGH, NY 12550 (845) 567-6700 (845) 585-9614 - FAX Original Dated: February 9,2009 Revised: March 19, 2010 ,..t!.~~..."" ~:;::;.;:=::::::-::.,::~~ ~,.,... (' ... ,\1 f'I" ,.<~~ ~:~~:\ ..;~~..-:~-~:~:.~~~., }-:~~:'~2'~~ ~.-'..'\ ~,,< c~ I/~. 8 c! , ~"..>---/,I ~\'~ ~j~<~,'1'6~~;.,~ "~scr ~,/:;'i>t~~{y:~. ..;' ( ~~ ".\.C,.,,., .' c. \ "~. 'iI' . (i~l~'l'~(i"{?? . \,: IE , (\~',,;~~ 'L;J!!i OWNER \\~. "'~."::<"-;/"'-"'- ..' ," TOWN OF WAPPINGER \ ~.0... \:...-.(;~;'::.-;;..;;';-:;~:-..-::;) / c,,:"":j,-.,.. \\':0" '-0' .,,~-=...\ ./<':/.1.'[,. 20 MIDDLEBUSH ROAD \, ) ..<'i"'>!.:> ~~ r~ ,,:.. ,'/ v,.' - ',/ ..~<:'t()::~.:.::.:;.\,,\.'~;?'WAPPINGER FALLS, NY 12590 . t;;:~..::: r !...... "'.'. ....'... i', J..'.'. ,/.....>1 (845)297 2744 '-i;~~;~~~:,,~.(" - Clark Patterson Lee (845)297-4558 -FAX ... .. .. ~ . ... DESIGN PROFESSIONALS .. .. United WappingerWater District Map Plan and Report III .. TABLE OF CONTENTS 1.0 PURPOSE. ................ ... ... ........ ..... ...... .... ...... ..... ... ...... ............... ......... ... ......... ..... 1 - 2.0 MAP (AREA TO BE SERVED) ........................................................................ 1 III 3.0 PIAN' ..................... .......... ....... ..... ..... ..... ............ ....... .............. .......... .............. ...... 1 3.1 Proposed connection to United Wappinger Water District .............. 1 - 3.2 Proposed On-Site Water Distribution System...................................... 2 III 4.0 REPORT ............... ...... ... ........ ..... .......... ...... ........ ........ .... ............. ....................... 2 III LIST OF FIGURES Figure 1: Map Showing Boundaries of Existing UWWD (prepared by Morris Associates, PLLC and Proposed Adams Fairacre Farms Store parcels Map Showing Boundary of Extension Area to Serve the Proposed Adams Fairacre Farms Store Parcel tit Figure 2: .. LIST OF EXHIBITS .. Exhibit A: Contract Agreement Between Adams Fairacre Farms, Inc. and the Town of Wappinger Adams Fairacre Farms, Inc. Assignment of Rights to Adams-Wappinger, LLC. Unexecuted copy of Petition to Extend United Wappinger Water District .. Exhibit B: .. ExhibitC: .. ... .. ... ... .. 1.0 PURPOSE Pursuant to the request of MDA Associates, LLC, to extend municipal water service to the subject site (134 Old Post Road), this map, plan and report describes the facilities associated with the proposed extension to the United Wappinger Water District to serve 134 Old Post Road. 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 a commercial property totaling 5.00 acres of land located on the east side of Route 9 (tax map #6157-04-633403) and referred to as the "Friendly Motorcars Site". The subject site is currently not served by public water and sewer services and is not located within the approved service area of the existing United Wappinger Water District. Presently the parcel is developed and contains an existing 12,480 square foot automotive sales and service building and outside display area. There is an approved expansion to the building of 22,429 square feet (to be completed in two phases; phase 1 -18,306 sq. ft. and phase 2 - 4,123 sq. ft.) for a future building totaling 34,909 square feet. The commercial site to be served by public water and sewer shall not exceed 800 gallons per day. Figure 1 is 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 Friendly Motorcars site will be supplied via a connection to the existing ten (10) inch diameter Town water main located along the eastern right- of-way of Old Route 9; which was recently installed for the Adams Fairacre farms project just to the south of this site.. This water main extension will be capped which will allow future extension to serve additional properties. Service to the subject site does not entail the acquisition of land and/or easements. 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 a six inch (6") diameter Ductile Iron water service and connection to the building. Distribution facilities installed by the developer along the frontage of Old State Road and to the water service valve for the building, 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, and Town of Wappinger. Installation of the water mains will involve standard earthwork, piping, and construction techniques. 4.0 REPORT MDA Associates, LLC is the owner of the area to be served as well as owners of the Friendly Motorcars site, and 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) The existing United Wappinger Water District has adequate capacity to supply potable water to the Site. The agreement sets forth the terms and conditions under which the Town will provide municipal water to said parcel. A copy of the Petition to extend the United Wappinger Water District to serve this parcel is included in this document as Exhibit B. MDA Associates, 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. MDA Associates, LLC 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 single 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 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 800 gpd, the total quaterly cost is calculated to be $220.67. The cost for the water which includes a buy-in fee into the United Wappinger Water District of $10.00/gal/day which is $8,000.00 based on 800 gpd for the estimated usage. The estimated quarterly water bill would be approximately $220.00 based on 9,755 cf/qtr, which is 72,965 gallons. The commercial water rates for 2011 have not changed from 2010 ($90.00 for the first 2,500 cf and $1.80 for every 100 cf up to 33,423 ct). Payment will also be required into the debt for the United Wappinger Water District. That amount is estimated to be $1,070.39 per year. As per the agreement with the Town of Wappinger, all legal, engineering and construction expenses associated with the water district extension to serve the Friendly Motorcars Site will be defrayed by the owner/developers, MDA Associates, LLC and will be at no cost to the United Wappinger Water District and/or the Town of Wappinger. TOWN OF LAGRANGE TOWN OF POUGHKEEPSIE AllAS WELLS NORTH WAPPINGER WATEROISTRICT CRANBERRY HILLS WA rER IMPROVEMENT AREA OF EAST FISHKILL TALL TREES WA rER DISTRICT (SEPARA rESOURCE) ~I ADAMS FAIRACRE FARMS SITE TOWN OF FISHKILL FLEETWOoD MANOR WArERDISTRICT (VILLAGE OF FISHKILL) ARDMORE HILLS WA rER DISTRICT REV. No. ~ MOR. RIS ASSOCIATES, PLLC ENG~EERlNG CONSII.TA/lTS I'Bblu1e. I 38\lFalrviewA"" Poughbteplie, New yO\< 12/lIl Hudsorl.IWwYOl!<I2S34 PhoroeJlto f6451-4S+3411 PIloneNo_ISIBIft'28.ZJXl FcxNo_IIW5J473-1962 Fox No. IS18} 82f>-3963 LEGEND . MIlNICIPAL WELL 11II WA TER DISTRICT NOTE: BASE MAP OBTAINED FROM 2005 COMPREHENSIVE PLAN PREPARED BY FREDERICK P. CLARK ASSOCIA rES DESCRIPTION DATE TOWN OF WAPPINGER SCALE FILE No. TOWN OF WAPPINGER WATER DISTRICT MAP DATE W20802 12-18-08 1": 4000' DUTCHESS COUNTY, NY E o o ~ In Ql '0 ::l o o i i:i :I:: .r: BY 1ii ~ , ... .!! ~ LL o Q. LL o Q. -'" In Ql '0 :5 .~ '0 Ql 1ii ~ U LL o Q. DWG 1-1 .. lit .. ... .. ... .. .. .. III III .. lit ... .. i; ... .. .. ~ II Clark Patterson Lee 900 CORPORATE BOULEVARD NEWBURGH, NEW YORK 12550 (800)274-9000 www.clorkpotterson.com DATE: 03/19/10 DRAWN: GWB CHECKED: GWB SCALE: AS NOTED PROJ. #11412.01 FIGURE #2 UNITED WAPPINGER W.O. BOUNDARY EXTENSION TO ADAMS FAIRACRE FARMS .. DESIGN PROFESSIONALS .. .. .. ... ... ... .... .. .. .. .. .. ... .. Exhibit A: Contract Agreement Between Adams Fairacre Farms, Inc. and the Town of Wappinger .. III .. .. .. .. .. .. AGREEMENT FOR CONSTRUCTION AND INST ALLA TION OF WATER AND SEWER LINES ill. ... THIS AGREEMENT made the · 1) day of ~: ~8~f: by and between .. ADAMS FAIRACRE FARMS, INC. with an office at 195 Dutchess Turnpike, Poughkeepsie, New Yark 12603 (hereinafter referred to as "ADAMS") and .. ill. 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 TREA TMENTIIMPROVEMENT AREA - PHASE 3-A (hereinafter referred to as "WST/TIA-3A") and the UNITED WAPPINGER WATER DISTRICT, AS EXTENDED (hereinafter referred to a the "UNITED WAPPINGER WATER DISTRICT") ... .. ... W ! T N E ~ ~ E T H: .. WHEREAS, ADAMS is the contract vendee to purchase certain property located ... on the east side 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 iIIII Approval from the Town of Wappinger Planning Board to construct a retail building and plant nursery on the STORE PARCEL; and .. .. O:\Wappinger\PlanningBoard\Adams Fairacre Farms\W ATER-SEWER CONSTRUCTION AUMT- n:vised.doc Lasl ReVised 12/03/08 .... WHEREAS, the TOwN has al:yuired 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 TransmissionlTreatment Improvement Area (WSTlTIA) - 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 ... W" ... ..... .... .... ..... .. ... .. It' 2 .. .. .. WHEREAS, by approval of this Agreement, the TO\VN 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 ... termination of the Town Water Line located on the west side of Route 9 located adj acent 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 .. TOWN on behalf of the WST/TIA-3A and the UNITED WAPPINGER WATER .. DISTRICT hereby agree as follows: i. Rt:dtatioii~. The recitations above set forth are hereby incorpor(lted into .. this Agreement as if fully set forth herein. II 2. Sewer. 2.1. Sewer Main. ADAMS will construct an extension of the sewer main .. (sewer collector line) owned and maintained by 'vVST/TIA-3A and located within the .. Town-owned HEARTLAND Sewer Easement, 1271 Route 9, Wappingers Falls, New .. 0\ Wappinger\PlanningBoard\Adam~ Fairacre Farms\ WATER-SEWER CONSTRUCTION ACiMT- revised doc Last Revised 12/03/08 3 - - .. York (identified as Tax Grid No.6 i 57 -04-570395) Lu a puint near 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 I2-A of the Town Law, or a Sewer Improvement Area pursuant to Article I2-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 . - lilt .. ... .. ... ... .. .. .. ... .. .. .. .. 4 - - 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 Usa2e Fees. As a further condition for permission to connect to the WSTHIA-3A. as a tenant, ADAMS and/or the STORE PARCEL shall pay a fee .. conn! t~ D"...of~t ^ ""OC'L'",,,,,h' ';,nrl Onpn'ltl{)l1 >lnrl M>lintf'ni'll1rp c.h::trves ("0&1\1") as l'f' tile -JUUJ LV 1....IL-JJ\.tJ.J.l- i.l...J...J"'..h.J.lJ..I.,,",J..I""'" "","..1- -t""-...-................ --..- ..._~---~---_._--'_. -' .. u" , " ... .. 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. Surchar2e for Excess Sewer Usa2e. 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 at 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%)ofthe .. 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.) IIIIi 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 TO\\. 'N at any time hereafteL - O. \ \"illJpil't:=.\,;] '.r:~tJ 111111~r)".lI J" \JLlili.~ ;~iir~l.:;i.' f'~ir;;'j~;\ \",' .'\ TFR ~ F\".'F!~ ry )l\,r<.:TP' 'CT!r)"f ^ (~~/1"'. r(~\'i~f'rl cln(' Last ReVised 12/03/08 5 .. - .. 2.6. \Vaiver of 0&1\1 Surcharee. 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 Yark, and in a southerly direction to a point near the northeasterly portion of the Town-owned road right-of-way for Fowlerhouse Road, in accordance with plans and specifications hereinafter defined. The plans and specifications for the water 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 Agreement. ADAMS agrees to petition the TO'vVN and the United 'vVappinger 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 - .. - .. .. .. .. .. .. .. ... ill ... ... .. 6 - .. 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 Dislrict to include the STORE PARCEL, including the costs of any professional .. consultants and related fees. It is intended th!:lt these costs and expenses be limited to the - expansion for the benefit of the STORE PARCEL only and not for any additional parcels. 3.3 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 .. additiona130% 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 or QPpose 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 ofthe United Wappinger Water .. District. ADAMS will install separate water meters for domestic water usage and for ... irrigation llsage, 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 ... assessment'), as assigned by the Town of Wappinger Assessor, in accordance with the established formula for Benefit Assessments [or United Wappinger Wah:r District, - o "-',\\'dpiJ;J)bLI-'::';"mi1in;r1.':lrJ\_'\~!:;n!'; r:~:r~~~f;;:' F;:rrn~~\ \",^TFR-~F\.\/~~'r ('()f\I<..:TU 11('T[()l\.j 1\( "\~T- rf"vi~ed doc Last Revised 12103/08 7 .. .. .. together with quarterly Opt:ration and Maintenance charges based on 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 of25,000 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. Surchare:e for Excess Water Usae:e. 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 ,250 gallons for any quarter annual billing period, the STORE PARCEL will pay a surcharge of twenty-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 Wappingt:r Wait:r District that includes the STORE PARCEL and such surcharge is in addition to the Wappinger Water Rate Stmcture as established by the TOWN from time to time hereafter. .. .. .. .. III .. .. .. .. .. .. 8 .. .. .. 4. Professional Reviews and Insf)ection 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-3A, as the case may be, free and clear of any liens or encumbrances, together with such easements as may be necessary to permit the TOWN .. on bebalfofthe 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 bebalfof WST/TIA-3A or the United Wappinger Water District, any easements needed tv successfully maintain and operate the \vater and seyver systems as determined ... 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. 7. Additional Conditions. This Agreement is expressly contingent upon ... the Town Highway S uperintenJent, the TO WN or any of its affiliated approving Boards .. (i.e. Planning Board, Zoning Board of Appeals) issuing, passing or adopting such .. 0\ Wappingcr\l'lanningBoardlAdams Fairacre Farms\ W ATER-S EWER CONSTRUCTION AGMT- revised.doc I.ast Revised 12/03/08 9 - - - Certification, Resolutions, AmenuTm:nts, 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. 3. Performance Of Work. 8.1. 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 TOWN. 8..2. Compliance. All work performed under this Agreement shall be done according to the highest standards of the trades invol ved, and shall conform to the requirements of any utilities, and any and all Federal, State and Local Laws, Codes, - - - ... ... ... ... ... ... - ... . ... - - 10 lilt lilt III 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 lit complying with any requirements of the plans and specifications which may be in excess of the requirements mentioned herein. - 9. Insurance. lit 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. Buildinl! Permit. It is expressly understood that no Building Permits for thc construction of an)' buildings or site improvements to the STORE PARCEL will be lilt issued until such time as this Agreement has been record in the Dutchess COHnty Clerk's .. Oflice and proof thereof has been filed with the Building Department of the Town of Wappinger. .. ... ... 0\ WappingcrIPlanning.Board\Adams Fairacrc Farmsl WATER-SEWER CONSTRUCTION AGMT - rcyjscddoc Lasl Reyjsed 12/03/08 11 .. .. .. i L Entire A2reement. 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 oflaws 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 pennitted 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 spc.::<.:ific.::d most recently by like Notice. .. .. .. .. III III III ... .. .. .. lit .. .. .. 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 1. 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. .. 16. Binding Effect and Duration. The terms, covenants, and agreements .. 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\Plannln[!Board\Adams Fairacre Farms\ WATER-SEWER CONSTRUCTION AGMT - revised.doc Last Revised 12/03/08 13 .. III i7. Successors and Assi2llS. 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. Assie:nment. 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. III ADAMS FAIRACRE FARMS i ... By: III TO FWAPPINGER By: L~ CHRISTOPHER J~ .. .. ... Graham Foster, in his capacity as Highway Superintendent of the Town of \Vappinger, joins ill lilt: t:'Xteuiioii of this dowmo:nt a~ evidence of his consent to comply with thc provisions of Highway Law Section 171 to abandon unneeded portions of Old State Road as identified in Exhibit "B". Date: J -z-/'7-~f ( c' Ss I /~ ,-< ~(~ _.. ~ 'c{~." R:'-.J\ ~ \ ~,-"""'" '- " "' ....."'-. GRAHAM FOSTER, HIGHWAY SUPERINTENDENT .. ... .. .. 14 .. .. .. STATE OF NEW YORK ) ) ss. COUNTY OF DUTCHESS) .:.J(t>~'-.l:' \ :Je:ocr On the 13 day of &eeember, 200'8, before me the undersigned, a Notary Public in and for the State, personally appeare~n'O ()(k:~n\ ~ , personally known to me or proved to me on the basis of satisfactory evidence to be the indi vidual 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.)"P) ti.~ 'fn.\~\'CDu. ~.'t-D ') Notary Public .. .. .. .. ... ST A TE OF NEW YORK ) ) ss. COUNTY OF DUTCHESS) On the~ ~i of December, 2008, before me the undersigned, a Notary Public in and for the State, personally appeared CHRISTOPHER 1. 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.\futed the instrument. .' _ )<LL_J-",-~ CL U21chLX\ Notary Public - - (- \,~ DAWN M. MOORE Notary Public. State of New Yen Reg. No. 01 M06092798 Qualified in Dutchess countyJL Commisaion Expir81 May 27. 20 - .. ... .. STATE OF NEW YORK SANDRA A. OAKLEY Notary Public, State of New York No.Ol0A6098174 ,Qu,alilied in Dutchess County CommiSSIon Expires September 2,20.1' .. ) ) ss. COUNTY OF DUTCHESS ) ... On the;? f ~ay of December, 2008, before me the undersigned, a Notary Public in and for the State, personally appeared GRAHAM FOSTER, personally known to me or J.lfOved 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 this instrument. 1 p) ).;~ . ")--)g!----';--.:-- j:/J/,'-; t!.--<.I _ / /" 'y-, ~ .. i,.'i~ t. l _',.>7 'JLL: p' L ( l{" .t:. .-' Notary Public .. ... .. .. AlRERi P. RORERiS NOT^RY PIIBUC, State of New York O"~.lifiP,rl i~ Dlftr,hp,ss County CommiSSion Expires FeD. 28, 20 ~ .. O:\Wappinger\PlanningBoard\Adams ralraere Farms\W ATER-SEWER CONSTRUCTION AGMT. revised. doc Last Revised 12/03/08 15 .. .. .. LIST OF EXHIBITS ... AGREEMENT FOR CONSTRUCTION AND INST ALLA TION OF WATER 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 "e" - Map for placement of a stop sign on Old Post Road ... .. .. III III .. .. III .. - - III III .. .. .. .. ... i. ... .. .. ... .. ... ... it. .. ... ... LEGAL DESCRIPTION OF LANDS OF ADAMS FAIRACRE FARMS T/O OF W,t\PPINGER 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" and filed in the Dutchess County Clerk's Office as Filed Map No. 4005; thence northeasterly along the easterly line of said Old Route 9 the following two (2) courses: 1. North 11027' 07" East 222.00 feet and 2. North 060 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 04040' 23" East 20.04 feet loa point, said point being the southwest corner of the lands, now or formerly, of Briscoe (Deed Liber 1730, Page 110); thence northwesterly and southeasterly along the westerly and northerly lines of said Briscoe the following two (2) courses: 1. North 10039' 03" West 79.49 feet and 2. South 890 48' 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 535.50 feet to a point, said point being located on the westerly line of Lot 4 as shown on a certain map entitled "Brook Hollow Estates" and filed in the Dutchess County Clerk's Office as Filed Map No. 3276; thence southeasterly along the westerly line of said Lot 4 and the westerly line of Lots 3, 2 and 1 as shown on said Filed Map No. 3276 the following four (4) courses: 1. South 240 32' 57" East 141.96 feet, 2. South 25016' 42" East 212.54 feet, 3. South 260 40' 47" East 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 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: F:\USER\clients\AlAdams Fairacre-T-Wappinger\Entire Store Parcel.doc EXHIBIT "A" .. ... 1. North 41048' 44" West 227.66 feet, 2. North 40055' 21" West 121.36 feet and 3. South 81021' 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 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 Clerk's Office as Filed Map No. 4005; thence northerly through said Route 9 North 060 02' 11" West 167.53 feet a point on the former westerly line of Old Route 9; thence northerly along the westerly line of said Old Route 9 the following two (2) courses: ... ... 3. North 11021' 07" East 99.30 feet and 4. North 06041' 01" East 3.43 feet .. ... to a point; thence northeasterly crossing Old Route 9 along a curve to the left with a radius of 75.00 feet, an arc length of 92.32, a chord bearing North 420 02' 59" East and a chord length of 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: .. ... 3. South 060 41' 07" West 76.18 feet, 4. South 11021' 07" West 222.00 feet and 5. South 10056' 18" West 39.12 feet .. to the point or place of BEGINNING and containing 0.230 acres of land, more or less. .. III .. .. iIllII ... F :\USER\c1ients\A \Adams F airacre- T -W appinger\Entire Store Parcel.doc ... EXHIBIT "A" --~ i ~ I i ! . J a; -- ::71 II LOTt "SUBDMSION PlAT JOHN d NANCY TARNro' ,"1.( 4OtJ5 J~- MORRIS ASSOCIATES DfQ~O rnnOl.TA)n'$ ............."" . WCS lJ.NE _ POUCHItEEPSII. Nrft' YORl: 121101 ,J . I . .J i 11 ~ '6~ ~~ 'i~~ ~ L " !.. J 9 <.JyI z .. .A _A fC_eFT. -- r> N/F OKfN L /-#60,P.368 [jj ,--""-~-~~ y ~ --~_....- ,.""-- -~ .....- -.-.- -~ -- -- --- ~.. """,.,,., o .. ~ lAMIJID.......-..,..___.......- - HAD 83 NY EAST j' : 2'- u.s, ROUTE 9 -- ; I I ~ '~ ~~ .~-.' , 'll -~ x z ,t i i 4Il - ~\---_.._-- du~ ; 11 rjri 111 li\~~~~ I; p~~ of,\ II u~ \_ .~ \~ II ~ \ .. N/F OSTROW L 22000, P. 73/ /3568Y-6/57-0-#-633-#03 MAP OF LANDS TO BE C.VNVEYED TO ADAMS FAIRACRE FARMS romv OF WAPPINGER SEPTEMBER 13. 200' ~ '~ ..sr 21. 2t1I1T DUTCHESS COUNTY. NY SCALE: 1.=40' --..-- ...............- -...- ...------- ~..----~-= ......-............ ----------- ~-----~ --------- .-AIIAR1lZS.L.S._ -- ----------- -...-._--_.._-~ _-.....___.- .I ---------_..._~ ----------- ~-- ,. ~- -..-.-.---- -~---- -....--..---- --- ......... ....--- . . J J . , , J //...,J ..J I J I 1-1 .oJ I-i I'd ~ I r E-i 1-1 ~ I .. .. LEGAL DESCRIPTION OF LANDS TO BE CONVEYED TO ADAMS FAIRACRE FARMS BY 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 Clerk's Office as Filed Map No. 4005; thence northerly through said Route 9 North 06002' 17" West 167.53 feet a point on the former westerly line of Old Route 9; thence northerly along the westerly line of said Old Route 9 the following two (2) courses: .. .. 1. North 11027' 07" East 99.30 feet and 2. North 06047' 07" East 3.43 feet .. to a point; thence northeasterly crossing Old Route 9 along a curve to the left with a radius of 75.00 feet, an arc length of 92.32, a chord bearing North 42002' 59" East and a chord length of 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 060 47' 07" West 76.18 feet, 2. South 11027' 07" West 222.00 feet and 3. South 10056' 18" West 39.12 feet .. to the point or place of BEGINNING and containing 0.230 acres of land, more or less. .. .. .. .. .. - C:\Documents and Settings\Diamond.GKLAW\Local Settings\Temporary Internet Files\OLK1\Parcel A.doc - EXHIBIT nBn - Part II .. .. .. I I I I I I I \ I I I I I I I I I IA~ I I \.1 I I I I I IA~I I I \. I I I I I I I IA~ll I I ~ ) .. ... ... STOCKADE STYLE FENCE STOP SIGN ENTRY-EXIT SIGN TYPICAL STOP BAR PAVEMENT MARKING NEW ADAMS ENTRANCE/EXIT PLANTING STRIP NEW WIDENED OLD POST ROAD TO INCLUDE TURNING LANES EXISTING TURNING LANE J J t .. .. .. .. .. STONE WALL PROPOSED ) TRAFFIC UGH / _../ / ~~ .. III .. - ~///~ ~ \~ \~r\ \ ~\ - I;' j I 8 ~~:o,~TOP SIGN LOCATION PLAN ... .. ... TIN KELMAN ARCHITECTURE PLLC ... T.A ADAMSFM~ .76s~' .~... eve WAIN Wl'REBT P'OUO......... ... YOlK C> rNII\MAN MCMlIt'Ull( ,,"U:, MJI}' --;III! - - - - - - \ \ . , J t \ \ \ \ I I \ \ \ \ \ n ~ -- - --~:::.--- --- -- - -- -- -- , -Nev~5Ip ~l'lar1 ... III · l1li EXHIBIT "e" P:\TA JOb5\y0516 - Adams Wappingers Falls\Drawings\Sheets\Y0516-EX-LOl New Stop Sign Location Plan,dwg, 2/19/2IJOB 5:24:52 PM "VA .....\1011. . ...... ~ ,...."""""'\8'WN\YOS'.-C'.-fCM .... "- IIpIl...... -..... ... .. .. .. .. III .. ... .. .. .. .. ... .. .. Exhibit B: Adams Fairacre Farms, Inc. Assignment of Rights to Adams-Wappinger,LLC. .. .. ... ... .. III 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 north 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, III 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. .. ADAM,AlRACRE FARMS, INC. By:/l ~/+ ' President .. ... ADAMS- WAPPINGER, LLC B' Member .. ... STATE OF NEW YORK ) )Ss: COUNTY OF DUTCHESS) On the ~ day of September in the year 2009, before me, the undersigned, personally appeared "bbw\t~.\d ~ IIp'S. , 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(iei), and that by his/her/their signature on the instrument, the individual(s), or the person upcm behalf of which the individual(s) acted, executed the instrument. (\ ~~.~-- ~ Notary Public STATE OFNEW YORK ) LEAH M.BERNARD )Ss: NOTARY PUBLlC~STATE OF NEW YORK COUNTY OF DUTCHESS) No.01BE6154727 Qualified In Dutchess County '")Q ]A,y Commission Expires October 23. 20..LO On the ~ day of September in the year 2009, before me, the undersigned, personally appeared-:pQ..'tr~t1<. MtlMS , 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 hislher/their signature on the instrument, the individual(s), or the person upon behalf of which the individual(~) acted, executed the instrument. ~~~. Q Notary Public III .. .. .. .. III .. III F:\USER\c1ienlslA\Mams Fairacre- T-WappingerlASSIGNMENT 10 Adams Wapp.wpd LEAH M. BERNARD NOTARY PUBLIC-STATE OF NEW YORK No. 018E6154727 Qualified In Dutchess County My Commission expires October 23. 20~ .. ... .. ... .. .. .. .. lilt .. .. .. lilt .. .. .. .. .. 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 III. connection of the real property within the expansion area to the United - F:IUSERlclients\AIAdams Fairacre-T-WappingerIWater-Sewer district expansionlCopy 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 till 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\c1ientslA\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; .. (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 lilt 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 III Expansion Area, which property according to the latest completed III 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 Petitioners formerly owning property within Assessed Valuation of Property Owned II F:\USER\c1ients\A \Adams Fairacre- T - Wappinger\ Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF WATER DISTRICT 11-25-09.doc II .. .. the Expansion Area .. .. Lot No. 135689-6157-04-649335 Victor and Jacqueline Owen 158 Old Post Road, Wappinger, NY (Victor Owen died November 14, 2008) $ 1,405,000.00 .. 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 ,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, personaJly 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\c1ienls\A\Adams Fairacre-T-Wappinger\Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF WATER DISTRICT 11-25-09.doc III ... ... the individual acted, executed the instrument. .. Notary Public .. .. ... .. .. III .. lilt ill .. .. . ill . . F:\USER\clients\A \Adams Fairacre- T- Wappinger\ Water-Sewer district expansion\Copy of PETITION FOR EXPANSION OF WATER DISTRICT 11-25-09.doc .