WHEREAS, The Petitioner, Bollinger Properties, LLC has petitioned to have certain property hereinafter described annexed into and made a part of the Town of Emmitsburg, Maryland; and

WHEREAS, the property to be annexed consists of 20.2697 acres of real property, more or less, (hereinafter referred to as "the Property"), and the Property is more fully described on the metes and bounds description prepared by Fox & Associates, Inc. dated April 24, 2003 which is attached hereto and incorporated by reference herein as Exhibit "A"; and

WHEREAS, it has been ascertained that the Petitioner is the owner of over 25% of the assessed valuation of the Property to be annexed and that there are no persons residing in the area to be annexed; and

WHEREAS, the Property is adjacent to and contiguous with the existing corporate limits of the Town of Emmitsburg and its annexation will not create any unincorporated area completely surrounded by land now located or to be loacted within the corporate limits of Emmitsburg.

NOW, THEREFORE, BE IT ENACTED AND RESOLVED by the Mayor and Council of the Town of Emmitsburg, Maryland as follows:

SECTION I: The boundaries of the Town of Emmitsburg, Maryland are extended and enlarged by adding to the Town of Emmitsburg and making a part thereof all that real property consisting of 20.2697 acres, more or less, which is described on the metes and bounds description entitled "Description of Property" prepared by Fox & Associates, Inc. and dated April 24, 2003 which description is attached hereto and incorporated by reference herein as Exhibit "A".

SECTION II: Except as otherwise provided herein, the Property and any persons now or in the future residing thereon, if any, shall be subject to the provisions of the Charter of the Town of Emmitsburg and all ordinances and regulations enacted pursuant thereto.

SECTION III: The Property shall be annexed into the corporate limits of the Town of Emmitsburg on the following conditions:

1. The Property shall be subject to and the Town may impose on the Property ad valorem real estate taxes commencing on the effective date of this Resolution; provided, however, that in the event the Town imposes a moratorium which has the effect of denying or delaying public utilities or services until the earlier of either (1) three (3) years from the effective date of this Resolution or (2) the termination of such moratorium.
    

2. The 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 shall be at the expense of the Owner (s) or Developer(s) requesting same and shall be at no expense to the Town. Roads installed in connection with the development of the Property shall be maintained by the Developer(s) or Owner(s) of the Property at its or their expense until such time as the dedication of those roads to public use is accepted by the Town.
    

3. If the Owner9s) or Developer(s) of the property request the extension of sanitary sewer and water lines to the Property, then the Town will permit the Owner(s) or Developer(s0 so requesing the services to extend, at the expense of the Owner(s) or Developer(s) sanitary sewer water lines to service the Property. The Town will allocate water and sewer connections ("taps") to the Property or any portion thereof at the time the extensions are completed and inspected by the Town and such taps are requested by the Owner(s) or Developer(s). Water and sewer taps fees shall be paid by the individual lot Owner(s) or Developer(s) requesting such taps. Water and sewer engineering plans shall be submitted to the Town for review and approval.
    

4. The Property shall be Zoned in the "R-2", Residential zoning classification of the Emmitsburg zoning ordinance.
    

5. Any development of the Property shall comply with and meet the requirements of Maryland "Smart Growth" and Priority Funding Area laws, and shall also be subject to any Adequate Public Facilities Ordinance which may be enacted by the Town in the future.
    

6. The Developer(s) or Owner(s) of the Property shall make or cause to have made improvements to Irishtown Road, such improvements to be made in compliance with the Emmitsburg design standards for local streets. No more than twenty-five (25) dwellings units may be constructed on the Property until the improvements to Irishtown Road have been completed and inspected and approved by the Town.
    

7. No more that fifty (50) dwelling units may be constructed on the Property prior to the completion and authorized operation of Well #4.
    

8. The Developer(s) or Owner(s) of the Property shall pay to the Town, in two (2) installments as hereinafter set forth, the sum of Seventy-five Thousand Dollars ($75,000.00) to be used by the Town toward financing the rehabilitation of the Town’s sanitary sewer collection system. Prior to the approval and recording of any record subdivision plat, the Owner(s) or Developer(s) of the Property shall pay to the Town the sum of Thirty-seven Thousand Five Hundred Dollars ($37,500.00). Prior to the Town issuing and the Developer(s) or Owner(s) receiving the twenty-first (21st) sewer connection ("tap") in connection with the development of the Property, the Owner(s) or Developer(s) of the Property shall pay to the Town an additional sum of Thirty-seven Thousand Five Hundred Dollars ($37,500.00).
    

9. No dwelling units shall be constructed on the Property and no building permits shall be issued therefor until such time that, for a period of at least one hundred and eighty (180) continuous days, the Town wastewater treatment plant does not exceed its licensed treatment capacity of 800,000 gallons per day.
    

10. The Petitioners shall pay all costs incurred by the Town as part of this Annexation, including but not limited to, legal fees and advertising expenses.