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2011-2452011-245 Resolution Accepting Easements Relative to Pocket Ponds Located in the Blackwatch Farm Subdivision 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 June 27, 2011. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Paoloni and seconded by Councilman Beale. WHEREAS, Blackwatch Development, LLC had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision map entitled `Blackwatch Farm", prepared by Oswald and Gillespie, P.C., dated June 1, 1999, and subsequently revised from time to time; and WHEREAS, Robert V. Oswald, Jr., and his wife, Cynthia M. Oswald, acquired title to the property from Blackwatch Development, LLC, by deed recorded in the Dutchess County Clerk's Office on June 29, 2000, as document number 02 2000 5661; and WHEREAS, Robert V. Oswald, Jr., and Blackwatch Development, LLC, received Subdivision Approval for a Subdivision entitled "Blackwatch Farm" by Resolution dated May 3, 2004, 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 set forth in the aforesaid Subdivision Map and related Contract Drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town Code; and WHEREAS, the Subdivision Map for the Blackwatch Farm Subdivision was filed in the Dutchess County Clerk's Office on May 2, 2005, as Map No. 11793; and WHEREAS, Robert V. Oswald, Jr., transferred the property contained in the Blackwatch Farm Subdivision to Blackwatch Development, LLC, by deed recorded in the Dutchess County Clerk's Office on June 6, 2005, as document number 02 2005 4816; and WHEREAS, at the time the Subdivision was approved by the Town of Wappinger Planning Board, the standards and specifications for the development of the SWPPP were different than they are now; and WHEREAS, Blackwatch Development, LLC, has constructed the S WPPP improvements in accordance with current standards; and WHEREAS, Blackwatch Development, LLC, has received approval from the Town of Wappinger Planning Board to amend the requirements for the SWPPP improvements to be consistent with current standards and to authorize acceptance of the improvements for the S WPPP as constructed rather than as initially proposed; and WHEREAS, the Applicant has tendered to the Town of Wappinger the following documents: Irrevocable Offer of Cession and Dedication for Utility Easement Nos. 4, 5, 6, 7 and 9, along with Drainage and Utility Easement #4, #5, #6, 47 and #9, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the Snow and Utility Easement No. 10, along with Snow, Drainage and Utility Easement #10, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the Snow Easement No. 11, along with Snow Easement 411, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the FD Access Easement No. 8, along with Easement for Firematic Purposes 48, together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the 30' Buffer Easement No. 1 and 40' Buffer Easement No. 2, along with 30' Buffer Easement #1 and 40' Buffer Easement #2, together with their respective TP -584; Irrevocable Offer of Cession and Dedication along with Deed to Viola Court and Gerhart Court, together with their respective TP - 584 and RP -5217; Irrevocable Offer of Cession and Dedication, along with Deed conveying 44.08 acres for recreation purposes to the Town of Wappinger, together with their respective TP - 584 and RP -5217; Declaration of Covenants and Restrictions with Wetland Protection, together with its respective TP -584, all in recordable form and approved by the Attorney to the Town, Albert P. Roberts, by letter dated April 20, 2005; and WHEREAS, the Town Board has previously accepted the roads, the 30' Buffer Easement 41 and 40' Buffer Easement #2 together with Snow Easement #11, as shown on the Subdivision Map for Blackwatch Farm Subdivision all in form acceptable to the Attorney to the Town and Engineer to the Town and, is now desirous to accept the Easement for Firematic Purposes #8 and Snow, Drainage and Utility Easement #10 relative to the pocket ponds and expressly agrees not to accept the Drainage and Utility Easement #4, #5, 46, #7 and #9, made in connection with Lot No.3 in the Blackwatch Farm Subdivision, until such time as it receives a signed Conditional License and Release for the homeowner. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby determines that it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Blackwatch Farm Subdivision, to accept the following easements offered for dedication in connection with the Blackwatch Farm Subdivision: Easement for Firematic Purposes #8, Snow, Drainage and Utility Easement #10 and Drainage and Utility Easement #4, #5, 47 and #9. 3. The Town Board expressly agrees not to accept the Drainage and Utility Easement #6 located on Lot No.3 on filed map # 11793 in the Blackwatch Farm Subdivision at this time. 4. The Town Board further confirms that it has previously accepted Snow Easement #11, erroneously referred to as Snow Easement #1 in Resolution No. 2011-194 adopted by the Town Board on May 23, 2011. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/27/2011 The Resolution is hereby duly declared adopted. J C. ASTERSON, TOWN CLERK