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A special meeting was conducted by the Town Board of the Town of Cortlandt on Monday, April 26, 2004 at 7:00 p.m. at the Town Hall located at One Heady Street, Cortlandt Manor, New York at which time the following were PRESENT:

LINDA D. PUGLISI Supervisor

ANN LINDAU Councilwoman

FRANCIS X. FARRELL Councilman

JOSEPH CERRETO Councilman

JOHN SLOAN Councilman

Councilwoman Lindau moved for the adoption of the following ORDER, motion seconded by Councilman Cerreto; ALL VOTING AYE UPON ROLL CALL BY THE TOWN CLERK:

RESOLUTION NO. 157-04

WHEREAS, a written Petition, signed, and dated April 21, 2004 was submitted to the Town Clerk and Town Board on April 26, 2004 by Zarin & Steinmetz, Attorneys At Law, 81 Main Street, Suite 415, White Plains, New York 10601, as representatives of VS Construction Corp. (Petitioner) as the developer of the proposed Emery Ridge Estates Drainage District to be known as the “Emery Ridge Estates Drainage District” pursuant to a map, plan and report showing the boundaries of and mode of construction of said proposed drainage district; said map and plan dated April 20, 2004; said report dated April 23, 2004 and revised April 26, 2004, having been prepared by Cronin Engineering, P.E., P.C., The Lindy Building, Suite 200, 2 John Walsh Boulevard, Peekskill, New York (10566) duly licensed by the State of New York; and

WHEREAS, said map, plan and report is on file with the Town Clerk of the Town of Cortlandt and available for public inspection during regular business hours; and

WHEREAS, pursuant to the provisions of Town Law of the State of New York, as amended, the expense of the maintenance of said proposed drainage district shall be assessed, levied and collected from year to year from the several lots and parcels of land within the Drainage District in proportion as nearly as may be to benefit each lot or parcel of land in said district will derive therefrom; and

WHEREAS, the maximum amount proposed to be expended for the establishment of said Drainage District and the construction thereof, including the cost of land and rights in land will be borne entirely by the Petitioner and no funds will be expended by the Town of Cortlandt for the construction and establishment of said district;

NOW, THEREFORE, BE IT ORDERED, that a PUBLIC HEARING shall be conducted by the Town Board of the Town of Cortlandt at the Town Hall in the Vincent F. Nyberg General Meeting Room located at One Heady Street, Cortlandt Manor, New York (10567) on Tuesday, May 11, 2004 at 7:30 p.m., prevailing time, or as soon thereafter as possible, for the purpose of considering the establishment of a DRAINAGE DISTRICT in the Town of Cortlandt, to be known as the “EMERY RIDGE ESTATES DRAINAGE DISTRICT” at which time and place, all persons interested in the subject thereof may be heard concerning same; and

The proposed “EMERY RIDGE ESTATES DRAINAGE DISTRICT” is to be bounded and described as follows:

PARCEL DESCRIPTION Emery Ridge

All that certain plot, piece or parcel of land, with the buildings and improvements

thereon erected, situated, lying or being in the Town of Cortlandt County of Westchester and State of New York, said parcel being more particularly bounded and described as follows:

Beginning at a point on the westerly boundary of Croton Avenue, where same is intersected by the mean centerline of a stone wall forming the southerly line of lands now or formerly of Karagozian, running thence from said point southerly and southeasterly along the westerly boundary of Croton Avenue and partly along the road face of a stone wall the following courses and distances: S-6-46-40-W, 62.32 ft.; S-15-29-40-W, 160.05 ft.; S-1-21-40-W, 103.67 ft.; S-6-32-20-E, 78.41 ft.; S10-12-20-E, 333.89 ft.; S-81-14-20-E, 460.00 ft.; S-10-59-20-E, 259.88 ft.; S-25-29-20-E, 122.60 ft.; S-33-47-20-E, 442.34 ft. to a point; thence leaving the westerly boundary of Croton Avenue and continuing westerly along the northerly line of map entitled, "Subdivision Map, Charles Baker Subdivision, Situate in Town of Cortlandt, Westchester County, New York", dated January 2, 1984 and Filed in the Office of the Clerk of the County of Westchester, Division of Land Records August 1, 1984 as Filed Map No. 21666, N-79-03-30-W, 2548.74 ft. to a corner of stone walls and lands now or formerly of Unicom Industries, Ltd..; thence still westerly along same and generally along the mean centerline of a stone wall, the following courses and distances: S-71-10-40-W, 46.12 ft.; S-85-17-40-W, 115.95 ft.; N-66-04-20-W, 88.17 ft.; N-75-47-20-W, 50.00 ft.; N-82-36-20-W, 60.50 ft.; N-77-50-20-W, 128.42 ft.; N-75-22-20-W, 97.76 ft.; N-77-49-20-W, 54.20 ft.; S-80-34-40-W, 23.00 ft.; N-87-47-20-W, 40.38 ft.; N-66-05-20-W, 87.50 ft.; N-63-11-20-W, 162.95 ft. to a corner of stone walls and the easterly line of map entitled, "Subdivision Map of Red Oak Estates, Situate In The Town of Cortlandt, Westchester County, New York", dated July 19, 1994 and last revised May 13, 1997 and filed in The Office of The Clerk of The County of Westchester, Division of Land Records August 27, 1997 as Filed Map No. 25985, continuing thence northerly along same and partly along the mean centerline of a stone wall the following courses and distances: N-6-41-40-E, 140.20 ft.; N-10-25-40-E, 80.90 ft.; N-6-07-40-E, 67.89 ft.; N-14-04-40-E, 73.93 ft.; N7-52-40-E, 110.65 ft.; N-14-27-40-E, 34.00 ft.; N-8-49-40-E, 53.99 ft.; N-1-54-40-E, 16.00 ft.; N-11-47-40-E, 103.30 ft.; N-9-41-40-E, 100.77 ft.; N-7-09-40-E, 47.63 ft.; N-10-21-40-E, 142.30 ft.; N-10-42-40-E, 510.81 ft.; N-6-36-40-E, 38.70 ft.; N-40-10-40-E, 19.84 ft.; N-10-25-40-E, 27.05 ft. to a point on the southerly line of map entitled, "Subdivision Map of Property Known as The Vineyards, By 37 Croton Dam Road Corp., Located in Town of Cortlandt, Westchester County, N.Y.", dated July 19, 1989 and last revised November 21, 1989 and Filed in the Office of The Clerk of The County of Westchester, Division of Land Records December 21, 1989 as Filed Map No. 24037; continuing thence easterly along same and partly along the mean centerline of a stone wall, N-86-31-40-E, 72.37 ft.; N-3-51-40-E, 16.37 ft.; N-84-29-40-E, 35.05 ft.; S-87-53-20-E, 98.31 ft.; S-82-32-20-E, 194.30 ft. to a point; continuing thence still easterly and along the southerly lines of land now or formerly of Taylor, Firemanor Assoc., Inc., Ungaro and the southerly terminus of Rick Lane West and Rick Lane East and generally along the mean centerline of a stone wall S-82-32-20-E, 114.32 ft.; S-83-00-00-E, 426.21 ft. to a point; continuing thence still easterly and along the southerly lines of lands now or formerly of Cohen, Nelson, Hatzmann and Karagozian and generally along the mean centerline of a stone wall the following courses and distances: S-83-42-50-E, 160.30 ft.; S-82-19-20-E, 357.30 ft.; S-80-00-50-E, 98.80 ft.; S-84-04-50-E, 62.60 ft.; S-82-40-50-E, 350.00 ft.; S-82-03-20-E, 758.75 ft. to a point on the westerly boundary of Croton Avenue aforementioned and the point or place of beginning.

Containing 118.220 Acres or 5,149,688 S.F.

IT IS FURTHER ORDERED, that the Town Clerk of the Town of Cortlandt be, and hereby is, authorized and directed to publish a copy of this Order in the official newspaper of said Town, and post a copy of same on the official sign board of the Town of Cortlandt, and shall post within five (5) places within the proposed Drainage District, said Notice; and shall forward by first class mail, a copy of said Notice to all properties proposed to be included within said District, within the time and manner required by law.

This Order was adopted by the following vote:

SUPERVISOR LINDA PUGLISI AYE

COUNCILMEMBER ANN LINDAU AYE

COUNCILMEMBER JOSEPH CERRETO AYE

COUNCILMEMBER FRANCIS FARRELL AYE

COUNCILMEMBER JOHN SLOAN AYE

BY ORDER OF THE TOWN BOARD

OF THE TOWN OF CORTLANDT

JO-ANN DYCKMAN

TOWN CLERK

Adopted on April 26, 2004

At a Special Meeting

Held at the Town Hall

Town of Cortlandt, NY

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Legal Notice/Emery Ridge Estates Drainage

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TOWN CLERK