Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland

Public Hearing on Proposed Annexation
 of Land to the Town

Monday, February 2, 2004
7:30PM @ Sleep Inn
501 Silo Hill Parkway
Emmitsburg, Maryland

The Mayor and Town Commissioners will conduct a public hearing at the above date, place and time to receive comments on a proposed resolution to annex 20.2697 acres + of land more or less, situated west of Irishtown Road, in Emmitsburg Election District No. 5, being the following described property recorded among the Land Records of Frederick County, Maryland:

Being part of "Parcel 5" as described in the deed dated December 1, 1994, from Thomas T. Bollinger, Harriet Bruce Gigeous, and Frances Jane Nolan unto Bollinger Properties, LLC, as recorded in Liber 2062 at Folio 927, and as shown on the Exhibit entitled "Exhibit B' Of The Petition For Annexation, Bollinger Properties, LLC" dated April 23, 2003, prepared by Fox & Associates, Inc. as drawing number C-3126 described in the datum of the adjoining Brookfield Subdivision as shown on the plat entitled "Brookfield, Section 2, Plat 4" recorded in Plant Book 71 at Page 138. The Property is contiguous to and adjoins the existing corporate limits of the Town. This annexation will not create any area completely surrounded by the corporate limits of the Town of Emmitsburg.

A legal description of the Property proposed for annexation is available in the Town office at 300A S. Seton Ave, Emmitsburg, MD. All interested persons are invited to attend the hearing and present their comments.

The specific conditions of annexation as proposed by the petitioners are as follows:

  1. The Petitioner, Bollinger Properties, LLC, a Maryland limited liability company, its successors and assigns (hereinafter referred to as the "Petitioner"), shall pay the costs of any required advertising of the Annexation Resolution introduced in the Town pursuant to this Petition (hereinafter referred to as the "Annexation Resolution).

  2. The Property shall be added to the corporate boundaries of the Town and the Property and any persons residing on the Property shall be generally subject to the provisions of the Charter of the Town, EXCEPT as set forth to the contrary in the following paragraphs of this Petition.

  3. Municipal ad valorem real estate taxes (hereinafter referred to as "Town taxes") shall not be imposed on the Property or any subdivided portion of the Property (hereinafter referred to as "Lot") until the earlier to occur of the following:

    1. Petitioner requests that the Town provide to the Property or that Lot public water or sanitary sewer and/or municipal services not available to the Property or that Lot as of the Effective Date of the Annexation Resolution, and, pursuant to such request, such services requested are made available to the Property or that Lot, and one or more buildings or structures on the Property or that Lot is actually connected to such services; or

    2. Five (5) years from the Effective Date of the Annexation Resolution, except in the event of a moratorium imposed by any applicable governmental authority which has the effect of denying public utilities or services to any or all of the Property, in which case, the moratorium shall delay the running of the five (5) year period, to the extent of the time of the moratorium, as to any of the Property which In the event any Lot becomes subject to Town taxes pursuant to either paragraphs 3.a. or 3.b. above, the remainder of the Property from which the Lot was subdivided which has not previously connected to municipal service in the case of a. Above, shall not be subject to Town taxes.

  4. Extension of sanitary sewer, water and storm drain lines, streets, curbs, gutters, and all other public improvements typically provided by the Town to and within the Property to the extent allowed by law and unless provided otherwise by the Annexation Resolution or by written agreement, shall at the expense of the owner(s) or developer(s) requesting same and shall be at no cost to the Town. Roads installed for development shall be maintained by the developer at its expense until accepted by the Town.

  5. Provided such extensions are requested under the terms outlined in paragraphs 3 and 4, above, the Town will allow Petitioner, at its expense, to extend sanitary sewer and water service to the Property and will allocate water and sewer taps to the Property or any portion thereof (i.e. Lot) at the time the extensions are completed and inspected by the Town, and such taps are requested by the owner(s) or developer(s) of a Lot. All water taps fees will be paid to the Town by the individual Lot owners or developers requesting the same. All water engineering plans will be submitted to the Town Engineer for review and approval. All sewer taps fees will be paid to the Town by the individual Lot owners or developers requesting the same. All sewer engineer plans will be submitted to the Town Engineer for review and approval.

  6. Subject to all appropriate laws and administrative requirements, on the effective Date of the Annexation Resolution the Property shall be zoned by the Town, simultaneously at the time of annexation, to the R-2, Residential zoning classification. The Town will cooperate in all regards and make all reasonable efforts to grant and approve said requested zoning classification and the requested annexation, including, if necessary, seeking the approval by the Board of County Commissioners of Frederick County, Maryland, of the Town's finding that the requested zoning classification does not permit a land use substantially different from the use for the Property or any part thereof, specified in the County's Comprehensive Plan or in lieu thereof, the express consent and approval of the County so such zoning classification.

  7. The Town will not require the Petitioner, the owner(s) or developer(s) of the Property, individually or collectively, to provide any additional off-site improvements as a condition of the Annexation sought by this petition, unless otherwise provided herein or required by written agreement between the Town and the Petitioner, the owner(s) or developer(s) of the Property and only to the extent allowed by law.

  8. The Town agrees that this Property shall not be subject to any future Adequate Public Facilities Ordinance, and that development of the Property may proceed pursuant to the terms of this Annexation Petition and any future Annexation Agreement or Resolution, and other appropriate laws and ordinances, notwithstanding the future enactment by the Town of an Adequate Public Facilities Ordinance.

  9. The Petitioner reserves the right to withdraw this Petition and to terminate any agreement contained herein, without liability to the Town (except or public notice advertising expense for which Petitioner will be responsible) if the conditions of annexation specified herein and set forth in the Annexation Resolution are substantially different and/or materially changed to Petitioner's detriment, as determined in the sole and absolute discretion of Petitioner. Should Petitioner elect to withdraw this Petition and terminate any agreement contained herein, this may be done by Petitioner any time prior to the Town Board of Alderman's final vote on the Annexation Resolution.

There are no persons residing on the Property who are registered as voters in County elections in the precinct or precincts in which the Property is located. The Petitioner is the owner of one hundred percent (100%) of the assessed valuation of the Property.