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2004-242S )io r7 /Vo, -2G0 LIB___ _ PG ORDER ESTABLISHING BLACKWATCH FARMS DRAINAGE DISTRICT 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 the 26t" day of July, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Joseph Ruggiero Council Members - Robert L. Valdati Vincent F. Bettina r Joseph P. Paoloni� Maureen McCarthy ABSENT: The following Resolution was introduced by Mr— McCarthy and seconded by Mr. Valdati WHEREAS, a Petition dated June 17, 2004, executed by Robert V. Oswald, Jr., owner of 100% of the Blackwatch Farms Subdivision ("Subdivision"), has been presented to and filed with the Town Board of the Town of Wappinger, New York- requesting ork requesting the approval of a drainage district to be known as the `BLACKWATCH FARMS DRAINAGE DISTRICT", which is more particularly described in the attached - t, Map, Plan and Report; and r CJ Ca WHEREAS, the Map, Plan and Report entitled "Map, Plan & Report for the Blackwatch Farm Stormwater Maintenance District", dated May 24, 2004 and relating to the establishment of the proposed drainage district, were prepared by Paggi, Martin & Del Bene, LLP, duly licensed civil engineers of the State of New York; and 1 I ; CADocuments and Settings\GinaMAPPINGEMLocal Settings\Temporary Internet Fi1es\0LK1A\0rder Est. Drainage District.doc Final WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the Town Clerk and has been prepared in a manner and in such detail that this Town Board has determined that said Map, Plan and Report are in accordance with the requirements of Article 12 of the Town Law; and WHEREAS, an Order Calling a Public Hearing was duly adopted by this Town Board on June 28, 2004, reciting the filing of said Map, Plan and Report, the improvements proposed, the boundaries of the proposed district, the proposed method of financing, the fact that the Map, Plan and Report describing the same were on file in the Town Clerk's Office for public inspection, and stating all other matters required by law to be stated, and specifying July 26, 2004 as the date, at 7:30 in the evening of said day as the time, at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York as the place where this Town Board would meet and consider said Map, Plan and Report, and to hear all persons interested in the subject thereof, concerning the same, and to take such action therein as is required or authorized by law; and WHEREAS, such Order was duly published and posted as required by law and copies of this Order were duly mailed to Petitioners/homeowners of all properties in the proposed District, and proof of publication, posting @nd mailing has been duly presented to the Town Board; and WHEREAS, a public hearing on said matter was duly held by said Town Board on July 26, 2004 at 7:30 p.m. in the afternoon on said day, in the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and no person appearing in opposition to and the Petitioners appearing in favor of the petition; and LIB g PG 2 CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet Files\OLKIA\Order Est. Drainage District.doc Final LIB -11 pLL�_ WHEREAS, pursuant to said petition, it is the intention of the Petitioner, Robert V. Oswald, Jr., as owner, to construct the improvements set forth in the Map, Plan and Report solely at his own cost and expense. NOW, AFTER DUE DELIBERATION, IT IS HEREBY ORDERED, DETERMINED AND RESOLVED AS FOLLOWS: The recitations above set forth are incorporated in this Order as if fully set forth and adopted herein. 2. The notice of public hearing was published and posted as required by law, and is otherwise sufficient. 3. The Petitioner/property owner was duly mailed a copy of the Notice of Public Hearing and proof thereof was submitted to the Town Board. 4. The Petition presented to this Board for the establishment of the BLACKWATCH FARMS DRAINAGE DISTRICT was signed and acknowledged as required by law and is otherwise sufficient. 5. All the properties and property owners within the proposed district are benefited thereby. 6. All the properties and property owners benefited thereby are included within the limits of the proposed district. 7. There will be no hook-up fees for any of the properties within the district. 8. There will be no capital costs assessed to the properties within the district for the improvements proposed to be constructed. 9. The estimated first year budget will be approximately $4,400 which shall be divided equally among the twenty-two (22) lots resulting in an estimated annual cost 3 CADocuments and Settings\GinaMAPPINGEMLocal Settingffemporary Internet Fi1es\0LK1A\0rder Est. Drainage District.doc Final of Operation and Maintenance of the proposed improvements to be $200 per Benefit Unit for a typical property within the district. 10. A detailed explanation of the improvements to be made and the estimate of Operation and Maintenance charges have been included in the Map, Plan and Report which has been filed in the Office of the Town Clerk and the same has been made available during regular office hours for examination by any person interested in the matter thereof. 11. It is in the public interest to establish the BLACKWATCH FARMS DRAINAGE DISTRICT. BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the establishment of the BLACKWATCH FARMS DRAINAGE DISTRICT in the Town of Wappinger, Dutchess County, New York, and the improvements therein, as more fully described above and in the aforementioned Map, Plan and Report is hereby approved and established and said drainage district shall be bounded and described as set forth in Exhibit "A" attached to the Petitions; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the improvements for the said drainage district as set forth in the Map, Plan and Report are to be constructed by the Petitioner, Robert V. Oswald, Jr., wholly at his own expense, and Robert V. Oswald, Jr. has agreed to convey such improvements to the Town without cost to the Town of Wappinger and/or BLACKWATCH FARMS DRAINAGE DISTRICT, free and clear of any encumbrances; and LIB !g__ PG� rd C:\Documents and Settings\Gina.WAPPrNGER\LocaI Settings\Temporary Internet Files\OLKIA\Order Est. Drainage District.doc Final 0 r Ll 8 1 PG-, BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvement as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Robert V. Oswald, Jr., for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to §195 of the Town Law. Dated: July 26, 2004 1.. JOSEPH RUGGIERO, Supervisor Voting -Aye- JOSEPH P. PAOLONI, Deputy Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye MAUREEN MCCARTHY, Councilwoman Voting Aye 5 a CADocuments and Settings\Gina.WAPPINGER\Local Settings\Temporary Internet FilesMKIA\O er t. DrfgeDistrict-doc Final Llb 1 PG -LL BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that once the drainage improvement as set forth in the Map, Plan and Report have been constructed by the Petitioner and turned over to the Town, the cost for maintaining the district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town of Wappinger shall be reimbursed by the Petitioner, Robert V. Oswald, Jr., for any fees or expenses paid in furtherance of commissioning the preparation of the Map, Plan and Report or in the formation of this district; and BE IT FURTHER RESOLVED, ORDERED AND DETERMINED that the Town Clerk be, and hereby is, authorized and directed to file a certified copy of this Order in the office of the Clerk of the County of Dutchess, which is the County in which the said Town of Wappinger is located, and another certified copy in the Office of the State Department of Audit and Control, within ten days after the adoption of this Order, pursuant to § 195 of the Town Law. Dated: July 26, 2004 STATE OF NEW YORK; COUNTY OF DUTCHESS, ss.: TOWN OF WAPPINGER I, GLORIA J. MORSE, Town Clerk of the Town of Wappinger, N.Y., do hereby certify that I have compared the foregoing copy of The Order that was adopted at the Town Board Meeting of July 26, 2004, Establishing the Blackwatch Farms Drainage District. with the original record thereof now remaining on file or of record in this office and have found the same to be a correct transcript therefrom and the whole of such original record. IN TESTIMONY MEOF, I h hereunto set my hand, and affix d my seal of office, this __ ----- da o �4 ----' 20�- --_-_-, Town Clerk BY------------------------> Deputy Clerk JUL-4-2004 MON 11;07 AM FAX NO, Schedule "A" hose lots and parcels described on a Subdivision Plat entitled `Blackwatch Farm" I June 1, 1999 and last revised April 28, 2004 which map is intended to be filed in the Dutchess County Clerk's Office subsequent to the filing of this Petition. Said Subdivision Plat contains 22 lots. Excluded from the property within the Drainage District are the lands to be conveyed to the Town of Wappinger for park or recreation purposes, totaling approximately 44.08 acres+, as shown on the above referenced Subdivision Plat. A metes and bounds description of the property within the Subdivision Plat follows: %\Vsrp03\C0mmon\WappingerlTown Board\DRAfNAGE DISTIUCTS\BIackwatch\Schedule A.doc P. 02 LIB PGS, JUL-26-2004 MON 1107 AM Murk A. Dux PS Mohan Y, Oxmld. Lt Michael E. Gillespht PE FAX NO. DAY, OswALD & GILLESPIE Consulting Engineers & Land Surveyors August 17, 2000 Robert V. & Cynthia M. Oswald Deed Description P. 03 LS X14 CL LIB -/T pG a� Description of a certain parcel of land situated in the Town of Wappinger, County of Dutchess and the State of New York. Beginning at a point along the westerly line'of Robinson IJTROYto ? Lane and said point being the centerline of Sprout Creek, Nope -WI Jet, IVY 11113 thence in a westerly direction along the centerline of Sprout (D11) 117-4121 PdX JA -MD Creek the following courses and distances, SOUTH 63-16-00 WEST 216.56 feet to a .point, thence SOUTH 27-20-00 WEST 252.00 feet to a point, thence SOUTH 86-30-00 WEST 133.00 feet to a point, thence SOUTH 69-47-10 WEST 232.58 feet to a point, thence NORTH 39-20-00 WEST 145.00 feet to a point, thence SOUTH 53-40-00 WEST 162.00 feet to a point, thence SOUTH 83-30-00 WEST 560.50 feet to a point, thence NORTH 64-40-00 WEST 193.52 feet to a point, thence SOUTH 87-40-00 WEST 195.00 feet to a point, thence SOUTH 52-50-00 WEST 278.50 feet to a point, thence SOUTH 69-10-00 WEST 238.50 feet to a point; thence NORTH 76-35-00 WEST 285.00 feet to'a point, thence SOUTH 88-15=00. WEST 300.00 feet to a point, thence NORTH 31-25-00 WEST 153.50 feet to a point,' thence SOUTH 89-20-00 WEST 178.00 feet to a point, thence NORTH 70-55-00 WEST 125.31 feet to a point along the easterly line of the lands of now or formerly Hartman, Parcel 3 of liber 1667 page 593, thence in a northerly direction along the easterly line of Hartman the following courses and distances, NORTH 09-29- 00 WEST 375.88 feet to a point thence NORTH 09-33=20 WEST 170.11 feet to a point,', thence NORTH 10-00-30 WEST 207.57 feet to a point, thence NORTH 43-06-00 EAST 316.53 feet to a point, thence. NORTH 43-55-00 EAST 263.79 feet to a point, thence NORTH 11-07-40 WEST SGIII r E "A" JUL-26-2004 KION 11:08 AN FAX NO, P. 04 Page 2 192.10 feet to a point, thence !NORTH 09-39- 00 WEST 114.67 feet to a point, thence NORTH 10-39-00 WEST 300.62 feet to a point, thence NORTH 12-05-00 WEST 105,07 feet to a point,. thence NORTH 13-01-00 WEST 306,41 feet to a point,thence NORTH 13-41-o0 WEST 158.15 feet to a point pIong the southerly line of Lot no.. 2 as shown on a certain map entitled Lands of Alexander and filed in the Dutchess County Clerks Office as filed' map no. 9640, thence in a easterly and northerly direction along Lot no. 2 the following courses anddistances, NORTH 64-41-00 EAST 498.21 feet to a point, thence NORTH 63-51-20 EAST 703.02 feet to a point, thence NORTH 11-50-00 WEST 454.90 feet to a point along the southerly line of the lands of now or formerly Sabia Family Enterprises, liber 1883 page 887, thence in a easterly line of the lands of Sabia Family Enterprises and the lands of now or formerly Schmidt liber 1009 page 419 the following courses and distances, NORTH 63-54-30 EAST 514,45 feet to a point, thence NORTH 64-07- 30 EAST 1155.55 feet to a point, thence NORTH 65-15-00 EAST 209.33 feet to a point along the westerly line of the land of now or formerly Jordan, thence in a southerly direction along the westerly line of Jordan the following courses and distances, SOUTH 29-14-06 EAST 208.48 feet to a point, thence SOUTH 31-00-35 EAST 53.63 feet to a point, thence SOUTH 22-29-15 EAST 32.05 feet to a point, thence SOUTH., 14-08-35 EAST 188.96 feet to a point, thence SOUTH 12-14- 37 EAST 760.71 feet to a point, thence SOUTH 0-50-05 . EAST 54,66 fee to a point along the westerly line of the Lot no. 10 as shown on a certain map entitled Lot Line Realignment of Lo No: 10 & 11 Dipalma Estates and fled in the Dutchess County Clerks Office as filed map no, 8387x, thence in a southerly direction along the westerly line of Lot no. 10 the following courses and distances, SOUTH 10-50-o5 EAST 430.00 feet to a point, thence SOUTH 2O-48-40 EAST 170.76 feet to a point, thence SOUTH 13-59-20 EAST 106.07 LI 8-1- PGS JUL-26-2004 MON 11;08 AM FAX NO, P. 05 8 La.y! 1.rdwO,ld .a b111�:rNa f page 3 V Jag-•LLI/' ,..+,L r.-! DUTCHESS COUNTY CLERKS OFFICE RECEIVED , 20_2Z IN BOOK L AT PAGE 2 0 OF & EXAMINED. CLERK feet to a point, thence;SOUTH 11-39-30 EAST 148.76 feet to a point, SOUTH 09-06-15 EAST 136.57 feet to a point, thence SOUTH 11-55-05 EAST 135.06 feet to a point, thence SOUTH 13-02-50 EAST 82.96 feet to a point along the westerly line of Lot no.2 as shown on filed map no. 7546, thence in a southerly direction along the westerly line of Lot no. 2 of tiled map no,,7546 and the westerly line of Lot no. 2 and Lot no. 3 as shown .on a certain map entitled Donald & Georgette K. Grossman and filed in the Dutchess County Clerks Office as filed map no. 9358, the following courses and distances, SOUTH 12-30-20 EAST 286.08 feet to a point, thence SOUTH 11-07-10 EAST 279.00 feet to a point along the northerly line of the lands of the lands of the Town Of Wappinger also known as Van Dyne Cemetery, thence in a westerly and southerly direction along the lands of the Town of Wappinger the following courses and distances, SOUTH 55-34-00 WEST 80.22 feet to a point, thence SOUTH 31-56- 00 EAST 126.84 feet to a point along the westerly line of Robinson Lane, thence in a southerly direction along the westerly line of Robinson Lane the following courses and distances, SOUTH 44-05-00 WEST 120.93 feet to a point, thence SOUTH 32-56-50 WEST 86.72 feet to a point, thence SOUTH 06-06-30 WEST.106.13 feet to a point, thence SOUTH 04-10-30 EAST 434.09 feet to the point of beginning. Containing 261.39 acres of land more or less. Subject to a Central Hudson Gas and Electric Right of Way over and through the northerly portion of the herein described' parcel. Subject to the rights of public utilities of record. END OF DOCUMENT