2010-03-23
Leonard Klein
Arthur L. Gellert
Stephen E. Ehlers
John A. Geoghegan
Lillian S. Weigert
Scott L. Volkman
David R. Wise"
Roderick J. Macleod
Bevin S. Harrington
Kelly L. Traver'
Daniel H. Stock
Pamela B. Richardson ..
Elizabeth M. Corrado
... Gellert & Klein. P.c
~ Attorneys at Law
75 Washington Street. Poughkeepsie, NY 12601
(845) 454-3250
(845) 454-4652 fax
Counsel
S. Nina Gellert
Raina E. Maissel 0
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Westchester County Office
3010 Westchester Avenue 5uite 302
Purchase, NY 10577
(914) 249-0100
(914) 249-0111 fax
Columbia County Office
2210 Route 7
Copake, NY 12516
(518) 329-1533 tel/fax
Joseph H. Gellert
(1907-1989)
www.gklaw.us
'Also Admitted in CT
"Also Admitted in NJ
oAlso Admitted in England
March 23,2010
Mr. Chris Masterson,
Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
Re: Petition for Expansion of Water District
Adams-Wappinger, LLC, Petitioner
Our File No: 20722.1614
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Dear Mr. Masterson:
Enclosed for filing on behalf of Adams-Wappinger, LLC please find "Petition for
Expansion of Water District" together wit a Map, Plan and Report prepared by Clark
Patterson Lee dated March 19,2010, with exhibits (collectively, the "Petition"),
requesting expansion of the United Wappinger Water District to include the following
properties all of which are located within the Town of Wappinger:
(1) Lot No.: 135689-6157-04-649335;
(2) Lot No.: 135689-6157-04-649374; and
(3) Lot No.: 135689-6157-04-614375.
Please note, as indicated in the Petition, Adams-Wappinger, LLC acquired title to
all three lots on October 31,2009.
We respectfully request that this matter be placed on the agenda for the next
Town Board meeting.
F:\USER\clients\A \Adams Fairacre- T - Wappinger\ Water-Sewer district expansion\ltr to Town Clerk - 3-23-10- submitting Petition.doc
PIIII Gellert & Klein,p.c.
IlIIII Attorneys at Law
Mr. Chris Masterson
March 23,2010
Page 2
Should you have any questions, please do not hesitate to contact the undersigned.
Very truly yours,
GELLERT & KLEIN, P.e.
By:
Cc: Al Roberts, Esq.
Pat Adams
F:\USER\clients\A \Adams Fairacre- T- Wappinger\ Water-Sewer district expansion\ltr to Town Clerk - 3-23-10- submitting Petition.doc
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PETITION FOR EXPANSION OF WATER DISTRICT
TO THE TOWN BOARD OF THE TOWN OF WAPPING~lf~~M
DUTCHESS, NEW YORK. MAR 2 4 2010
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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
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WATER DISTRICT I I -25-09.doc
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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
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WATER DISTRICT 11-25-09.doc
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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
Petitioners formerly owning property within
Assessed Valuation
of Property Owned
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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
/ v / J j,.. , 2009
Petitioners:
ADAMS-WAPPINGER, LLC
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By: .
PA TRI K ADAMS,
Operating Manager
STATE OF NEW YORK )
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COUNTY OF DUTCHESS)
On the J id" day of j)IP.UYl~ .axJ1, 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
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the individual acted, executed the instrument.
ANA L. VALENCIA
tIOIIIy Public. State of New York
No. 01 VA 6135662
Ouaflfled in Outches~pounn-
Expiration Date 1 O/2V/20 b2:.
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