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2020-110 2020-110 Resolution Accepting Padasana Court And Related Easements For All Angels Heights Subdivision 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 December 14, 2020. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded:  Vote Record - Resolution RES-2020-110 Yes/Aye No/Nay Abstain Absent Adopted  Richard Thurston Voter      Adopted as Amended William H. Beale Voter     Defeated  Angela Bettina Voter     Tabled  Christopher Phillips Seconder      Withdrawn Al Casella Mover     The following Resolution was introduced by Casella and seconded by Councilman Phillips. WHEREAS, R.J.A. HLD. INC. (hereinafter “RJA HLD”) owns a parcel of real property located on the westerly side of All Angels Hill Road, and WHEREAS, RJA HLD made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly shown on a subdivision plat entitled “All Angel Heights Subdivision” prepared by Burns Engineering Services, P.C. dated September 15, 2008 and last revised April 11, 2016, (the “Plat”) and WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat Approval by Resolution dated November 17, 2014, 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, the Plat was filed in the office of the Dutchess County Clerk on October 21, 2016 as Filed Map 11701B; and WHEREAS, by letter dated April 30, 2020, the Engineers to the Town have advised that the construction of Padasana Court and the related improvements have been completed; and WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, RJA HLD is required to post a highway construction guaranty in the form of a bond or performance guarantee in an amount equal to $104,937.08, which is 20% of the cost of construction, to be held for a period of three years to guarantee that any defects of the type described in §214-76(B) shall be cured but RJA HLD has been unable to do so; and WHEREAS, the Town Board has determined that is appropriate to accept a cash deposit in the amount of $34,777.60 in lieu of the required maintenance bond; and WHEREAS, RJA HLD tendered to the Town of Wappinger a deed for the right of way for Padasana Court from R.J.A. HLD. 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 Padasana Court as a town; 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 Padasana Court as a Town Highway 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 Maintenance Agreement executed by RJA HLD, 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. 3. The Town Board hereby recognizes that the Town of Wappinger maintains a cash deposit in the amount of $34,777.60 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 in lieu of a maintenance bond. 4. This acceptance is expressly conditioned upon RJA HLD delivering the right of way and the public improvements to the Town free and clear of any liens or encumbrances, and upon payment by RJA HLD of all outstanding fees and escrow reimbursements due to the Town. 5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all documents necessary for the recording of the deed and easements from RJA HLD. 6. The Attorney to the Town is directed to cause the deed and easements to be filed in the property records of the Dutchess County Clerk. 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: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 12/14/2020 The Resolution is hereby duly declared Adopted. ___________________________________________ JOSEPH P. PAOLONI, TOWN CLERK