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HV Volkswagon STENGER ROBERTS � . DAVIS & DIAMOND LLP 1136 Route 9 D Wappingers Falls,New York 12590 RIC �t (845)298-2000 APR I �d1� FAX(845)298-2842 ,J�j�y OV WAppjNGER www.srddlaw.com T�r'1�1 e-mail:info@srddlaw.com �O� CLERK^� April 9, 2014 —^ � Barbara Roberti, Zoning Administrator Kenneth M.Stenger Town of Wappinger Albert P. Roberts 20 Middlebush Road Thomas R.Davis Wappingers Falls, New York 12590 Stephen E.Diamond" Re: Hudson Valley Volkswagen Amended Site Plan Joan F. Garrett— HVA Realty, LLC Dear Barbara: Kevin T.McDermott Angel I.Falun Enclosed herewith please find original Declaration Establishing Drainage Easement and James P. Horan`"' Covenant to Maintain Stormwater Management Systems Pursuant to § 213-8 of Town of Wappinger Code duly signed by HVA Realty, LLC.The Declaration has been reviewed Lisa M.Cobb and is acceptable as to form and is consistent with the requirements of the Town Code, M. Ellen O'Sullivan as well as the applicable Federal and State statutes and regulations. Please make Marina V.O'Neill arrangements with the applicant to have this recorded in the Dutchess County Clerk's office and provide our office with a copy of the recording receipt. Melissa A.Manna-Williams Thank you for your assistance. OF COUNSEL Scott L.Volkman Very truly yours, Karen MacNish INDRA NGER, ROBERTS, DAVIS& DIAMOND, LLP PARALEGALS G_- Sandra Oakley A. OAKLEY Dawn M.Paino Enc. CLOSING COORDINATOR cc: Non. Barbara A. Gutzler,Supervisor Maria L.Jones Hon.Joseph P. Paoloni,Town Clerk 'ALSO ADMITTED IN FL d MA —ALSO ADMITTED IN CT '�ALSO ADMITTED IN NJ _ DECLARATION ESTABLISHING DRAINAGE EASEMENT AND COVENANT TO MAINTAIN STORMWATER MANAGEMENT SYSTEMS PURSUANT TO 213-5 OF TOWN OF WAPPINGER CODE THIS DECLARATION ESTABLISHING COVENANTS AND RESTRICTIONS FOR MAINTENANCE OF STORMWATER MANAGEMENT FACILITIES (hereinafter the "DECLARATION") made this 31 sr day of MR� , 20A, made by HVA Realty, LLC whose address for the purposes of this instrument shall be 299 Kisco Ave,Mt. Kisco New York 10549 EaHx2i=aA5o&x (hereinafter called the"DECLARANT"). WITNESSETH WHEREAS, § 213-8 of the Town of Wappinger Cade requires the developer of a property containing a stormwater management facility to execute an easement, binding upon subsequent landowners, that provides for access to the facility at reasonable times for periodic inspection by the Town, or its designee, and that ensures the facility is maintained in proper working condition to.meet design standards and any other provisions of Chapter 213 of the Town of Wappinger Code; and WHEREAS, the DECLARANT is the owner of a certain parcel of property with a common street address of 1148-1152 Route 9 , Wappingers Falls, New York 12590 (Town of Wappinger) Dutchess County, New York, described in a certain deed dated 4/25/97 and recorded in the Dutchess County Clerk's Office on 5/1/97 as document number 2 9 55 , and is identified as Tax Grid Identification Number 6157-04-690127 , hereinafter referred to as the "Property" and said Property is more particularly described in Schedule "A" attached hereto; and CAUsersldlynchNDesktoplApproved SWPPP Declaration 10-13-2013(2).doc WHEREAS, the Property was the subject of a Resolution of Amended Site Development Plan and Wetlands Permit Approvals granted by the Town of Wappinger Planning Board, pursuant to Resolution dated December 2, 2013 (hereinafter the "Project"); and WHEREAS, the Project proposed to be undertaken on the Property includes the construction of a storm water management facility that is required by the Federal Clean Water Act, the New York Environmental Control Law, and the regulations of New York State Department of Environmental Conservation pertaining to the State Pollutant Discharge Elimination System("SPDES"); and WHEREAS, SPDES requires the DECLARANT to prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) for the Project in accordance with SPDES regulations and Chapter 213 of the Town of Wappinger Code; and WHEREAS, the DECLARANT prepared a SWPPP with a last revised date of 10/28/13 , prepared by M.A. Day Engineering P.C. that was reviewed and, approved by the Planning Board of the Town of Wappinger, as approving authority pursuant to § 213-3(C) of the Town Code and a copy thereof was placed on file in the Office of the Town Clerk of the Town of Wappinger; and WHEREAS, the Town of Wappinger and the New York State Department of Environmental Conservation require that the stormwater management measures approved in connection with the Project be built in accordance with the approved Project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity to insure optimum . performance of the stormwater management components. NOW, THEREFORE, in consideration of the resolution granting Site Plan Approval by the Town of Wappinger Planning Board, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the DECLARANT, the DECLARANT 2 hereby declares that the Property herein identified shall be held, sold, conveyed, transferred,used and occupied in accordance with the following Covenants and Restrictions: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth and adopted herein. 2. Property. The Property which is subject to this DECLARATION is located in the Town of Wappinger, Dutchess County, New York, is located on 1148-1152 Route 9 , Wappingers Falls, New York 12590 and is identified as Tax Grid Identification Number 6157-04-690127 , and is more particularly described in Schedule"A" attached hereto. 3. Construction of Stormwater Management Facilities. DECLARANT declares, establishes, imposes, obligates and binds, for himself, his heirs, successors and assigns, that stormwater management facilities shall be constructed and installed on the Property in accordance with the Site Plan prepared by M.A. Day Engineering P.C. dated 06/05/13 , last revised 10/28/13 (hereinafter "Site Plan") and the Stormwater Pollution Prevention Plan (hereinafter "SWPPP"), prepared by M.A. Day Engineering , by document originally dated 07/30/13 , Drainage Report for Hudson Valley last revised 10/28/13 , entitled "Volkswagen Amended Site Plan ", a copy of which is on file in the Office of the Town Clerk of the Town of Wappinger. Said stormwater management facilities may include, without limitation, drainage pipes, swales, headwalls, plantings, associated vegetative plantings, stormwater management structures and facilities, including maintenance thereof. 4.- Maintenance of Stormwater Management.Facilities. DECLARANT shall maintain, clean, repair, replace and operate the stormwater management facilities shown on the Site Plan and described in the SWPPP as necessary to ensure that performance of the facilities 3 will operate in accordance with the design specifications and in accordance with the terms of the SWPPP. 5. Costs of Construction and Maintenance. DECLARANT shall be responsible for all expenses related to construction, installation, inspection and maintenance of the stormwater management facilities shown on the aforementioned Site Plan and described in the SWPPP. 6. Periodic Inspection. DECLARANT shall provide for the periodic inspection of the stormwater management facilities to determine the condition and integrity of the stormwater management-.facilities-in accordance with the provisions`ofthe--SW--PPP Such inspection shall- take place not less than once in every one year period or at such intervals as set forth in the SWPPP. A. Professional Engineer licensed by the State of New York shall perform such inspection. The inspecting engineer shall prepare and submit to the Town of Wappinger Stormwater Management Officer within 30 days of the inspection, a written. report of the findings including recommendations for those actions necessary for.the continuation of the stormwater management facilities and its proper operation. .7. Repair & Replacement. DECLARANT shall undertake necessary repairs and replacement of the stormwater management facilities at the direction of the Town of Wappinger or in accordance with the recommendations of the inspecting engineer. 8. Changes to Stormwater Management Facilities. DECLARANT shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater management facilities except in accordance with the written approval of the Stormwater Management Officer, upon the advice and consent of the Engineer to the Town of Wappingers In the case of a material alteration, abandonment, modification or discontinuance of the stormwater management facilities; an amendment to the Site Plan, approved by the Town of 4 Wappinger Planning Board, shall be required. Such written approval(s) shall be filed with the SWPPP in the Office of the Town Clerk. 9. Building Permits/Certificates of Occupancy. The DECLARANT expressly acknowledges for himself, his heirs, successor and assigns, and subsequent owners of the Property that he will be able to obtain Building Permits only for the construction authorized by the above referenced Site Plan Approval, except, however, no Certificates of Occupancy will be issued for any building construction until such time as the stormwater management facilities are constructed and approved by the Town of Wappinger as described in the SWPPP. 10. Access to Property. In the event that the DECLARANT -fails to maintain the stormwater management facilities in accordance with the Site Plan or the SWPPP and the DECLARANT fails to undertake corrective action reasonably required by the Town of Wappinger or any agency having jurisdiction over the stormwater management facility ("Stormwater Agency"), the Town or the Stormwater Agency shall have the right, but not the obligation, to enter upon.the Property and undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. The Town or Stormwater Agency may utilize the license granted herein on 30 days written notice to the owner, except in the case of an emergency for which no notice shall be required. In a case where the stormwater management facility creates an emergency that threatens life or Property, the Town or Stormwater Agency shall have the right to enter upon the Property and undertake such remedies as reasonably necessary to alleviate such emergency. 11. Enforcement. A. DECLARANT further declares that the owner of the Property, the Town of Wappinger, or any municipality succeeding to the rights of the Town (hereinafter "Enforcement Entity"), shall have.the right to enforce the rights, duties and obligations imposed by this DECLARATION by any proceeding at law or in equity, against any person or persons.violating, 5 or attempting to violate any covenant, restriction, obligation or easement, to restrain a violation thereof, or to require specific performance for the construction and maintenance of the stormwater management facilities and the duties and obligations herein imposed pursuant to the SWPPP above referenced, to recover damages for any violations thereof, and, to enforce or foreclose any lien created by these covenants. B. In any action to enforce the terms, covenants,_ or restrictions of this DECLARATION, the prevailing party shall be entitled to an award of reasonable attorney's fees, expert fees, and other costs and disbursements incurred in such proceeding, which shall be in addition to such other relief as may be awarded in law or equity. . y qty-" C. Failure by the Town of Wappinger or any Enforcement Entity to enforce any of the provisions of this DECLARATION shall in no event be deemed a waiver of any subsequent right to enforce any such violations at a future time. The expense of such enforcement is hereby deemed to be a charge on such Property. 12. Modification. This DECLARATION may not be modified or terminated (e.g. in the event use of the facility is no longer necessary as determined by the Town) except in writing, executed and acknowledged by the DECLARANT and only.upon consent of the Town Board of the Town of Wappinger, pursuant to Resolution duly adopted by the Town Board upon- recommendation of the Planning Board of the Town of Wappingers and recorded in the Office of the Dutchess County Clerk. 13. Duration. The Covenants and Restrictions set forth herein shall be binding on the Property above described, and; except as otherwise provided herein, these COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AFFECTED THEREBY, SHALL.BE PERPETUAL IN DURATION AND SHALL INURE TO THE BENEFIT OF THE TOWN OF WAPPINGER, ANY ENFORCEMENT ENTITY, THE DECLARANT, 6 IN WITNESS WHEREOF, the DECLARANT and the TOWN OF WAPPINGER have executed this DECLARATION on the day and date first above appearing. t�� L DECLARAN By: ,j �fu,�President Approved: TOWN OF WAPPINGER BY: Chairman of the Planning Board STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS On the day of , 20�, before me, the undersigned, personally appeared 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public Karen Lowndes,Notary PUNC STATE OF NEW YORK ) Qualified-westchester Cty,W ss: Reg#011-06033762 COUNTY OF DUTCHESS } Commission Expires ii12212Q1? On the V'rday of (OciR-eA , 201 before me, the undersigned, personally appeared '56PW C D J a , 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/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Not Public 8