Loading...
2019-208 2019-208 Resolution Accepting Relocated Sergeant Palmateer Way Together With Maintenance Agreement Secured By Cash Deposit 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 November 13, 2019. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded:  Vote Record - Resolution RES-2019-208 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter     Adopted as Amended  William H. Beale Seconder      Defeated Angela Bettina Voter     Tabled  Christopher Phillips Voter     Withdrawn  Michael Kuzmicz Mover     The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. WHEREAS, T.L.A. Realty, Inc. (hereinafter “TLA”) owns a parcel of real property located on the west side of Sergeant Palmateer Way and the north side of Old Hopewell Road, and WHEREAS, TLA made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly shown on a subdivision plat entitled “T.L.A. Realty, Inc. Subdivision Plat, Old Hopewell Commons” prepared by Chazen Engineering, Land Surveying & Landscape Architecture, Co., D.P.C. dated January 18, 2018 and last revised September 30, 2019, (the “Plat”) and WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by Resolution dated December 4, 2017, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger Subdivision Regulations; and WHEREAS, upon the completion of construction of the relocated portion of Sergeant Palmateer Way and its dedication to the Town of Wappinger, an existing section of Sergeant Palmateer from Old Hopewell Road north for approximately 190 feet shall be closed as a public highway and abandoned to TLA; and WHEREAS, the Engineers to the Town have advised that the construction of the relocated section of Sergeant Palmateer Way has been completed except for a small area of transition in the vicinity of the right of way of the existing highway; and WHEREAS, in order to insure the least disruption of traffic, the Town Board must accept the dedication of the relocated portion of Sergeant Palmateer Way prior to the completion of all of the work, however the Town Board’s acceptance is conditioned upon approval that the work in the transition area has been completed to the satisfaction of the Superintendent of Town Highways and the Engineers to the Town; and WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, TLA is required to post a highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $32,352.00, which is 20% of the cost of construction, to be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured; and WHEREAS, TLA tendered to the Town of Wappinger a deed for the right of way for the relocated highway from T.L.A. Realty, Inc. together with the associated transfer documents all in recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have recommended that the Town Board accept relocated Sergeant Palmateer Way as a town highway subject to their final approval of the work in the transition area; and NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger to accept the relocated section of Sergeant Palmateer Way together with the drainage facilities and other public improvements located in the highway right of way, except those specifically excepted by the subdivision plat. 2. The Town Board’s acceptance is expressly conditioned upon the Superintendent of Town Highways and the Engineer to the Town approving in writing that the work in the transition area has been completed to their satisfaction. 3. The Town Board hereby accepts a bank check in the amount of $32,352.00 which shall be held in escrow as a highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code which shall be held for a period of two years to guarantee that any defects of the type described in §214-76(B) shall be cured. 4. The Maintenance Agreement executed by TLA, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the road and other public improvements will be free from defects in materials and workmanship for a period of two years from the date of acceptance by the Town as required by §214-43. 5. This acceptance is expressly conditioned upon TLA delivering the right of way and the public improvements to the Town free and clear of any liens or encumbrances, and upon payment by TLA of all outstanding fees and escrow reimbursements due to the Town. 6. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents necessary for the recording of the deed from TLA. 7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the town highway in his files as required by Highway Law §171(1). The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz Dated: Wappingers Falls, New York 11/13/2019 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK