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Carmel Heights PAGG1, .'VLXRT1N & DEL BENE u.,p Consulting Engineers &Land Su?--veyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) RECEIVED August 10, 1998 A,U 0 10 1998 Zoning Enforcement Officer Town of Wappinger ELAINE SNOWDEN P.O. Box 324 TOWN CLERK Wappingers Falls, New York 12590 Attention: Don Close Reference. Sherwood Heights Dear Don: I am in receipt of your cover letter to Elaine Snowden, Town Clerk, regarding Carmel Heights Road Dedication. I note that in your letter you have submitted a deed to our office also for review. I have reviewed the deed as it compares to File Map No. 6611 and the as-built survey t prepared by Ray Kihlmire dated July 17th, 1998. 1 note that there are four (4) potential discrepancies. It should also, be noted that the older filed map is somewhat difficult to read, and therefore, these discrepancies might be on the filed map and not on the description as prepared. The potential discrepancies are as follows: * An arc distance of 308.86' + An arc distance of 120.0' + A radius of 200.00' + An arc distance of 113.46' It is recommended that this letter be sent on to the Applicant's Surveyor and have him identify the correct metes and bounds. By copy of this letter I am notifying the Developer of this request. Very truly yours, d5seph E. Paggi, Jr., P.E. X JEP:Iaw cc: Hon. Constance 0. Smith, Supervisor :/6' � Hon. Vincent Bettina, Councilman ?'&e"'ez Hon. Joseph Paoloni, Councilman Y Hon. Joseph Ruggiero, Councilman Hon. Robert VaIdati, Councilmano Elaine Snowden Graham Foster Albert P. Roberts, Esq. Svi Segal Joseph E.Paggi,,Jr,,P.E. Ernst Martin_ VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGTLIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER ALBERT R ROBERTS DALE O'DONNF.LL IRA A.PERGAMENT AMY E.WOODARD ANTONIA T.LUCIA POWHKEEPSffi OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 TODD ROBINSON** (914)452-1046 *ADMITTED TO PRACTICE ADDRESS IN NY&FLA, REPLY TO'( )POUCiIKEB,PSIE ( }WAPPINGERS *'ADMITTED TO PRACTICE N NY&CONN. August 19, 1998 Town Board, Town of Wappinger P.O. Box 324 Wappingers Falls,NY 12590 Re: Z&M Development Corp./Cannel Heights Road Dedication Our File No. 12949.0143 Dear Board Members: I have reviewed copies of the following documents,.the originals of which have been delivered to Elaine Snowden, Town Clerk: 1. Irrevocable Offer of Cession with legal description for road bed attached; and three separate descriptions for drainage easements through lots 38,39, and 40. Comment: The Offer of Cession is in proper form. However, the descriptions for the drainage easements should clearly be identified as such. That can be accomplished prior to recording. 2. Revised Performance Bond secured by a letter of credit executed by Z&M Development Corp. and Zvi Segal, individually. Comment: This document approved as to form. 3. Drainage Easement dated July 21, 1998, from Doreen Davidowitz to the Town of Wappinger with accompanying Gains Tax Affidavit. Comment: These documents are approved as to form, subject to verification of legal description by Joseph E. Paggi, Jr., P.E. WOLFSON GRELLER RF-ISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET POUGHKEEPSIE, NEW YORK 12601-3260 914) 454-2200 FAX: 914-454-4366 CARL S. WOLFSON MARK I. REISMAN 7 p STEPHEN L. GRELLER I 10 JOSEPH A. EG TTO August , 1998 OF COUNSEL HEATHER L. KITCHEN Elaine Snowden, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Town of Wappinger - Carmel Heights (f/k/a Albert Road) Road Dedication Our File # 10,685 Dear Mrs. Snowden: We hand deliver herewith the revised documents in re the above matter. Some of these documents have been revised in accordance with our conversation with Albert P. Roberts, Town Attorney. At his suggestion, a copy of this letter and all revised enclosures are being sent to Mr. Paggi, the Town Engineer, Mr. Close the Zoning Administrator, and Mr. Roberts. We understand this matter is on the agenda for the Town Board meeting this coming Monday, August 24'h, 1998. Yojs?sin rel CARL S W LFSON CSWpi Encs. cc: Joseph Paggi, Town Engineer cc: Donald Close, Zoning Administrator cc: Albert P. Roberts, Esq., Town Attorney PAGGI, MARTIN & DEL BELE LLP Consulting Engineers &Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905 (FAX) All. I August 17, 1998 Zoning Enforcement Officer CCN c v Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Don Close Reference: Carmel Heights Dedication Dear Mr. Close: I am in receipt of a letter from Linda Nguyen, Planning Board Secretary, dated ,August 13th, 1998, regarding the above referenced subdivision. I have reviewed the revised deed description prepared by Mr. Kilhmire dated August 12th' 1 998, and advise that it appears to be in conformance with the Filed Map at this point in time. I have also reviewed the revised as-built dated July 17th, 1998, (not revised). It is noted that the invert elevation for Manhole 1.2 has been changed in ballpoint pen. The elevation listed on that drawing in ballpoint pen appears to be consistent with what was built in the field. If there are any questions regarding the above, please do not hesitate to contact this office. Very t�ruly yours, Joseph E. Paggi, J ., E. JEP:Iaw cc: Hon. Constance 0. Smith, Supervisor Hon. Vincent Bettina, Councilman Hon. Joseph Ruggiero, Councilman Hon. Joseph Paoloni, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden Planning. Board Graham Foster Svi Segal Ray Kilhmire, L.S. Joseph E.Pao,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R. Dei Bene,Jr.,FR TOWN OF WAPPINGER P.O. B x 32 ' i' PLANNING BOARD 20 Mid h (toad • Wappingers Falls, NY 12590-0324 To: Elaine Snowden Town Clerk From: Linda Nguyen Planning Board Secretary1 Re: Carmel Heights Road Dedication Date: August 13, 1998 Per Mr. Paggi's letter dated August 10, 1998, Mr. Kihlmire, PE, has revised the as-built road survey. Attached you will find a letter dated August 12, 1998, from Mr. Kihlmire, PE, and revised metes and bounds. Additionally,you will find Combined Real Estate Transfer Tax Return, and Real Property Transfer Report. CC: Mr. Paggi, Town Engineer(Hand Delivered) Mr. Roberts, Town Attorney, (Hand Delivered) Mr. Foster, Highway Superintendent _. Tnw flim nn it)l? kxFivuvui Lc ui 1 TOWN OF WAPPINGER P.O. Box 324 _ PLANNING BOARD 20 Middtebush Road Wappingers Falls, NY 12590-0324 To: Madam Supervisor and Town Board Members From: Mr. Donald Close Re: Sherwood Heights Road Name Change Date: June 2, 1998 Mr. Zvi Segal submitted a letter dated May 18, 1998, requesting the Planning Board and the Town Board to consider.changing Albert Drive to Carmel Heights due to some confusion with other roads in the Town. (Mr. Segal's letters were previously forwarded to the Town Board.) Mr. Segal's letter was submitted to the Fire Inspector for his review and approval, which he stamped approved on May 21, 1998. The Planning Board on June 1, 1998, unanimously voted in favor of recommending to the Town Board to change Albert Drive to Carmel Heights. DC/ln CC: Planning Board Dan Wery Jay Paggi Al Roberts Elaine Snowden Fire Inspector Mr. Segal TOWN OF WAPPINGER P.O. Box 324 `. PLANNING BOARD 20 Mlddlebush Road Wappingers Falls, NY 12590.0324 To: Elaine Snowden Town Clerk From: Linda Nguyen - Planning Board Secretary Re: Carmel Heights Road Dedication Date: August 13, 1998 Per Mr. Paggi's letter dated August 10, 1998, Mr. Kihlmire, PE, has revised the as-built road survey. Attached you will find a letter dated August 12, 1998, from Mr. Kihlmire, PE, and revised metes and bounds. Additionally, you will find Combined Real Estate Transfer Tax Return, and Real Property Transfer Report. CC: Mr. Paggi, Town Engineer (Hand Delivered) Mr, Roberts, Town Attorney, (Hand Delivered) Mr. Foster, Highway Superintendent RAVMnMn J . VIH MIRE L .L.S. P .C. LAND SURVEYOR M85 LYNDON ROAD 1'I SHF'I LL , hI04 YORK , 12524 F14 - 8?6 --FAY 9 914 _ s,6 _ 7535 A August 121 1995 RE: SHERi, OOD HEIGHTS - Aa-BUILT FOR ALireRT DRIVE � � 0I 15,98 regarding the potential Ate. per your letter dated A�� ;� st 1 , discrepancies from my July} 17 , 15,9,C-, dated as-built to the f i 1 ed map } -, read, and stti. �Er' �i3r' CL�rl��:kYr'���,t I �in this #661 1 , which is very hard e, r e a.d morning , I have corrected the two that were wrong, the arc distance of SOB-66 feet is correct the -arc distance of 120 .05 -Feet is correctthe raTus of 200 . 06 feet is correct is has been corrected on mx map , the arc distance of 113.46 feet Kris been corrected to 115 . 48 fees= on my Map . estions pl ease call my Office ' If you have any Other q �'e� _ � -- - -.f P.Ayrric, id KihlmireL ,L .'- . OF NKK, �P ONA J. cc : f � l:e 1r SFOCAND5il� �CEIV�D AUG 1 3 1998 PLANNING & ZONING ' I 3 F• r4lr'M�h�J 1-> ,T FC F11 iC . # L -r-, 1:1 ■_. C"f Imo' .. ■� Date: March 25, 1993 Revised: August 12, 1993 LANDS OF ZVI SEGAL d/b/a Z & M DEVELOPMENT CORP. to be conveyed to THE TOWN OF WAPPINGER for Albert Lane - (,job #97-047-Segal } T, Town of Wappinger, Dutchess County, New York ALL that parcel of land situated in the Town of Wappinger, Dutchess County, New York, sknown as "ALBERT LANE" as shown on a map entitled, "SUBDIVISION PLAT OF CARMEL HEIGHTS, TOWN OF WAPPINGER, DLiTCHESS COUNTY, NEW YORK", dated September 24, 1982, prepared by Richard G. Barger, P.E. & L.L.S. and filed in the Dutchess County Clerks Office as filed map #6611# said parcel is more particularly described as follows: BEGINNING ata steel pin found set at the westerly end of a curve connecting the southerly line of Albert Lane with the westerly line of Sherwood Heights, (said steel pin is in the front of Lot #31 as shown on said filed map), thence westerly, northerly & easterly along the southerly, westerly &, northerly line of Albert Lane the following courses & distances: SOUTH 58-00-Q0. WEST 70.7i-feet, on a curve to the right having a radius of 300.00 feet an arc distance of 106.42 feet, SOUTH 73-19-30 WEST 351.41 feet, on a curve to the right having a radius of 1^0.00 feet an arc distance of 30-06 feet, NORTH 03-21-40 WEST 150.46 feet, on a curve to the right having a radius of 175.00 feet an arc distance of 250.25 feet, NORTH 73-34-20 EAST 237.03 feet, on a curve to the left having a radius of 150.00 feet an arc distance of ,5.1 f feet, NORTH 46-04-•50 EAST 99.96 feet, on a curve to the right having a radius of 200.00 feet an arc distance of 160.06 feet, --- SOUTH 3803-50 EAST 25.93 feet and on a curve to, the lefts connecting the northerly line of Albert Lane with the westerly line of Sherwood Height, having a radius of 2.5.00 feet an arc distance of 39.27 feet to a concrete monument found set on the westerly line of Sherwood Heights in front of lot.#445 as shown on said filed map, thence southerly along the westerly line of Sherwood Heights SOUTH 01-56-•10 WEST 100.00 feet to a point at the southerly end of a curve connecting the westerly line of Sherwood Heights with the southerly line of Albert Lane, r thence westerly, southerly & easterly along the southerly, easterly & northerly line of Albert Lane the following courses & distances: on a curve to,the left having a radius of 25.00 feet an arc distance of 39.27 feet, SOUTH 88-03-50. WEST`'�.93 feet, on a curve to the left having a radius of 150.00 feet an arc distance of 120.00 feet, SOUTH 46-04=50 WEST 99.96 feet, RECEIVED on a curve to`tbe right having a radius of 200.00 Leet an arc distance of 113.4 , feet, PLANNING & ZONING r SOUTH 73-34-20 .WEST 237.03 feet, on a carve to the left having a radius of 125.00 feet an arc distance of 0'-'05 feet, SOUTH 03-21-40 EAST 150.46 feet, on a curve to the left having a radius of 130.00 feet an arc distance of 223.07 feet, NORTH 7r-'-i9-30 EAST 351.41 feet, on a curve to the left having a radius of 250.00 feet an arc distance of c'"'::.69 feet and NORTH 58-00-00 EAST 74.71 feet to a concrete monument found set at the westerly end of a curve connecting the northerly line of Albert Lane with the westerly line of Sherwood Heights, said point is in the front of lot #46 as shown an said filed map, thence southeastely. crossing Albert Lane SOUTH 2t:,-33-3i EAST 50.09 feet to the point or place of beginning. Town of Wappinger ZONING DEPARTMENT 20 MIDDL,EBUSH ROAD � CONSTANCE G. SMITH P.0. BOX 324 Supervisor WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 m To: Elaine Snowden, Town Clerk � From Donald Close, Zoning Administrator Ike: Carmel Heights Road Dedication Date: August 5, 1998 Mr. Segal has submitted the fallowing in order to be placed on the agenda for the next Town Board meeting. Attached you will find the originals for the following; (See Correspondence from Mr. Segal dated:July 29, 1998). 1. Deed; 2. Offer of Cession; 3. Preliminary Certificate of`Title; 4. Drainage easements for 3 lots and corresponding gains affidavits for each conveyance; 5. As built road survey; 6. Copy of the Letter of credit in acceptable form to the Town; (Original previously sent to you.) 7. Copy of Performance Bond duly executed. (Original previously sent to you.) I have sent copies of the above to Mr. Roberts„ and Mr, Paggi. DC/In TP-584 (10/96) Recording Office Time Stamp New York Stale Department of Taxation and Finance Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate See instructions (TP-584-1)before compfeting this form. Please print or type. Schedule A — Information Relating to Conveyance Grantor Name (it individual;last, first,middle initial) Social Security Number Individual PLAZA BUILDING CORP. Corporation Mailing address Social Security Number ❑ Partnership 12 Plaga Road City State ZIP code Federal employer ident.number ❑ Other Grantee Name(if individual,last, first,middle initial) Social Security Number ❑ fndividuaf lg Corporation Mailing address Social Security Number ❑ Partnership City State ZiP code Federal employer ident,number Other Wa pinchers Falls New York 12_ Location and description of property conveyed Tax t ap designation Address CityNillage Town County Section Block Lot el Heights f/k/a Albert Lane Wappinger Dutchess Type of property conveyed (check applicable box) I 1 - 3 family house 5 0 Commercial/Industrial 2 ❑ Residential cooperative 6 ❑ Apartment building Date of conveyance Percentage of real property 3 ❑ Residential condominium 7 ❑ Office building G�, conveyed which Is residential 4 [1 Vacant land 8 F1 Other /' i /1j 98] real property 100 ado month day yae+ (see instructions) Condition of conveyance (check all that apply) a. X Convoy.-ince of fee Interest I. -Conveyance which consists of a more k. —Contract assignment b,' —Acquisition of n co, lrolfing 1111eiost (state chango of Idonllly or loan of ownorshlp or 1. —Option onslgnmont or surrender perconlago acquired _ %) organization(111tvch✓=o1m W-584.1,Schedule F) in. —Leasehold assignment or surrond tr c. —Transfer o1 a controlling interest (state g• —Conveyance for which credit for lax m —Loasohold grant percenlage transferred %) previously paid will be claimed o. —Conveyance of an easement f (attach Form TP-584,1,Schedule G) p. —Conveyance for which exemption from d. —Conveyance to cooperative housing transfer tax is claimed (complete Schedule B, corporation h, —Conveyance of cooperative apartment(s) Part 111) e, —Conveyance pursuant to or In lieu of i. -Syndication q, _Conveyance of property partly within and foreclosure or enlorcement of security ). —Conveyance of air rights or development partly whhout thistate ] Interest (attach Fnrrn TP-584.1,Schedule Q rights r. X—Oth r,(describe) t-onvmyance of Road- Schedule oadSchedule B — Real Estate Transfer Tax Return(Article 31 of the Tax Law „ngPr Part I — Computation of Tax Due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption claimed box, enter consideration and proceed to Part 111)................-................ 0 EXemptlon claimed 1 2-Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ............................. 2 3 Taxable consideration (subtract line 2 from line 1).................................................................. 3 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ..................................... 4 0 _ 5 Amount of credit claimed (see instructions and attach Form TP-581.1,Schedule G).................................... 5 0 6 Total tax due' (subtract line 5 from lime 4).............................. ..................................,..,.., 6 0 j Part II-Computation of Additional Tax Due on the Conveyance of Residential Real Property for $1 Million or More 1 Enter amount of consideration for conveyance (from Part I, line 1) .............................. . ...........•.• 0 2 Taxable consideration (multiply line 1 by the percentage of the premises which is residential real property;see instructions)..... 2 0 3 Total additional transfer tax due' (1% of line 2) ........................................:.......................... 3 'Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. if no recording is required, send this return and your check(s) made payable to the Department of Taxetton and Finance, directly to the NYS Tax Department, TTTB-Transfer Tax, PO Box 5045, Albany NY ' 12205-5045. Ilf For recording officer's use Amount Date received 'transaction number received part 1 $ Part 1 $ 15 TP-5114 (10/96) (back) Schedule B -- continued Fart 1t'C — Explanation of Exemption Claimed in Fart 1, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Mations, the united States of America, the state-of New York or any of their instrumentalities, agencies or political' subdivisions (or any public corporation, including a public corporation crested pursuant to agreement or compact with anolhor state oar Canada)...................................................................................... a ❑ b. Conveyance Is to securo a do It or other obligation.................................... ,................................. b [� c Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance..,.,....... c d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realtyas bona fide gifts ..................................................................................................... d ❑ e. Conveyance is given in connection with a tax sale,.... ........ .......................... ......... .... .... .......... e ❑ f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising ilia cooperative dwelling or dwellings.) Attach FormTP-584.1, Schedule F....................................... f g. Conveyance consists of deed of partilion:................................................................................... g ❑ ti h. Conveyance is given pursuant to the federal' bankruptcy act..,. ................................................. h El I 1. Conveyance consists of the execution of a contract to sell real properly without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property .......................... 1 ❑ ). Conveyance of an option or contract to purchase real property with the use or Occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1-, 2-, or 3-family house, an individual residential condominium unit, or the sale of stock in a cooperative 1 housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment...................................................................................................•,•.j k. Conveyance is not a conveyance within the meaning of section 1401(a) of Article 31 of the Tax Law (attach docunaerrds supportingsuch claimj......................................................................................................... k ❑ i. Other (attach explanation)... eyxiG . FQac Riad ,tea,.fawn ,� . ....... i Schedule C --- Credit Line Mortgyge ( grtificaje Article 11 cif Complete the following only If the Interest being transferred Is a fee simple Interest. I (we) certify that: (cheek tho appropriate box) I n The real property being sold or transferred' is not subject to an outstanding credit line mortgag.0. t 2 ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax j is claimed for the following reason: ❑ The transfer of real property is a transfer of a fee simple interest to a person or persons who field a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. ( � T!��_, iransf€;r of real properly i�; (A) to a person or persons related by blood, marriage or Cailolat`son to the original obligor or to cacao or more of tine original obligors or (11) to a person or ontity whore 50% or more of tho bonoficial intorost in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer lo a trust for the benefit of the transteror). C] The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court C] The maximum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold l or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please mote: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstancs,s. See TSB-M-95(6)-R for more information regarding these aggregation requirements. Other (attach detailed explanation). 3 a The real property being transferred is presently subject to an outstanding credit line mortgage. however, no tax is due for the following reason: A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. A check has been drawn payable for transmission to the credit line mortgagee or his agent for ilia balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4 ❑ The real' property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal arrrount of debt or obligation secured by the mortgage is . No exemption from tax is claimed and the tax of is being paid herewith. ('.Make check payable to county clerk where deed will be recorded or, if thy: rote rding is tea take place in Jew York City, ralako chock payable to the NYC Department of Finance.) mature troth th! gr4ntgrJs andgrantee(s) must sign. The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, true and complete. Wf3 WAPPTTQCR PLAZA 13UT]DTG CORP. 2 Grntor Title Grantee Title by;_ a1, P e ident b6 4 it complete all of the required Information In Schedules A and B?were you required to complete Schedule G? If you checked e, 1, did you complete Tp-584.1?Have you attached your check(s)made payable to tlae county clerk where recording will take arding is to New York City,to the NYC Department of Finance?It no recording Is required,send your check(s),made payable to laxaflon and h;nance,directly for the NYS Tax Department,MO-Transfer Tax,Po Box 5045,Albany NY 12205`5045. ' VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLCYrTI,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL.KENNETH M.STENGER IRA A ALBERT P.ROBERTS (845)298-2000 LEGAL ASSISTANT: LOUIS J.VIGLOTTI... FAX(845)298-2842 AMY E.DECARLO JOAN F.GARRETr** _ THOMAS R.DAVIS a-mal VSRPoBestWeb.net POUGBI EEPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALI,. POUGHKEEPSIE,NY I2601 KAREN P.MACNISH (845)452-1046 KEVIN T.McDERMOTT STEVEN K.PATTERSON PINE PLAINS OFFICE JAY B.RENFRO 2990 CHURCH ST P.O.BOX 21 *ADMTrrED TO PRACTICE PINE PLAINS,NY 12567 IN NY&FLA (518)398-9857 —ADbRTIEI TO PRACTICE IN NY&CONN. ADDRESS REPLY TO:( )POUGM[EmIE ( )WAPPINGERS ( )PINS PLAINS VIA FACSINIILE (473-3807)AND REGULAR MAIL February 2, 2004 Bridge City Abstract 20 Cannon,Street Second Floor Poughkeepsie, New York 12601 Attention: Nlrs. Carol Otter Re: Carmel Heights Subdivision Acceptance of Roads, Easements, Utilities and Other Improvements together with Performance and Maintenance Agreements File No. 12949.0380 Dear Carol: On January 15, 2004, you forwarded to my office recording receipts for various documents in comnection with the Carmel Heights dedication of roads, easements, etc. Please advise when we are to receive title insurance policy in favor of the Town of Wappinger for the road and accompanying easements. Very truly o s, VERGIL TENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP BE T•P. ROBERTS APR/bg .✓ ' Enclosure Fig � 4 20Q� TQW�CLERK 11V srp031CommonlWappinge,r\PlanningBoardlCarmelHgts10202 04-otter.doc cc: Carl Wolfson, Esq. Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town Clerk Hon. Graham Foster I1Vsrp031CornmonlWappingcrlPlanningBoard\Carme]Hgts\020204-ouer.doc 1fCI 4UUIYI T HMZ)IKHIrI r DUTCHESS COUNTY CLERK MENU: FMCM00AM PHONE: 486-2134 22 MARKET STREET 000222 MDS POUGHKEEPSIE N<Y, 12601 DELETE: N RECPT NO SERIAL NO. DATE TIME OTHER/DATE CR/DEBIT CODE CONT., '- . R02831 01/12/04 14 :23 ; 06 C RA .RECEIVED FROM: BRIDGE CITY ABSTRACT MORTGAGE TYPE: FtE TOTAL; 97, 00 `SUBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT# AMOUNT COMMENT ##PG . ' 01 02 DEED # 382 010 22 , 00 5 AFFIDAVIT 030 5. 00 03 EQUAL/ASSESS-CLERK F 032 9 . 00 Q4 EQUAL/ASSESS--STATE F 509 41. 00 '05 '11 TRANSFER TAX #004006 290 X ' 06 CULTURAL ED. -STATE F 511 14 .25 07 RECORDS MGMT. -LOCAL 070 1. 00 08 . RECORDS MGMT. -STATE 504 4 . 75 ` 09 M/OR: TAX DIST: 19 WAPPINGER< r . M/EE: TAXABLE AMT: G/4R: Z & M DEVELOPMENT CORP TAX AMT, 0":0,0 ` G/EE: WAPPINGER TOWN OF F6=PREV F8=BR BWD F9-BR M, .tnt7-1J-�YiY�i kJ.D-4,D lMl UUUNI T HZZWKHL.1 , S ' D TTCHESS COUNTY CLERKMENU: FMCM004M.• PHONE: 486-2134 22 MARKET STREET C00223 MDS POUGHKEEPSIE N.Y, 12601. DELETE: N , !RECPT NO SERIAL NO. DATE TIME OTHER/DATE CR/DEBIT CODE CONT ;R02833 01/12/04 14 :26 :16 C RA RECEIVED FROM: BRIDGE CITY ABSTRACT MORTGAGE TYPE: FEE TOTAL: 44 . 00 ;SUBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT# AMOUNT COMMENT O1' 02 DEED # 383 010 19 . 00 EASE ,Q2, AFFIDAVIT 030 5 , 00 '03 11 TRANSFER TAX #004007 290 1 '- 04 CULTURAL ED. -STATE F 511 14.25 0'S RECORDS MGMT. --LOCAL 070 1, 00 06 RECORDS MGMT, -STATE 504 4 . 75 07. .08 ,M/DRi TAX DIST: 19 WAPPINGER, „1 'WEE; TAXABLE AMT: 0 . 0 ,.G/'OR: PLAZA BUILDING CORP TAX AMT: G/$E: WAPPINGER TOWN OF F6=PREV F8=BR BWD F9-BR'�M' '.'-,, T . , r , 1 1 , , 1 t JHN-1�>-2004 0,5;4,5 iF�i CUUNTY ABSTRACT P-03 DUTCHESS COUNTY CLERK MENU: FMCM004M, PHONE: 486--2134 22 MARKET STREET C00224 MDS POUGHKEEPSIE N.Y. 12601 DELETE: N RECPT NO SERIAL NO. DATE TIME OTHER/DATE CR/DEBIT CODE CONT 802835 01/12/04 14 :28:47 C RA RECEIVED FROM: BRIDGE CITY ABSTRACT MORTGAGE TYPE: YEE• TOTAL. 44 . 00 rS•UBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT## AMOUNT COMMENT ##1?G 01 02 DEED # 384 010 19. 00 EASE 4 > 02 AFFIDAVIT 030 5. 00 •f03 11 TRANSFER TAX #004008 290 1 04 CULTURAL ED. -STATE F 511 14 .25 - 05 RECORDS MGMT. -LOCAL 070 1. 00 06 RECORDS MGMT. -STATE 504 4 , 75 • 0? 0.8 OR WEE:: TAX DIST:: 19 WAPPINGER Cx/OR: DAVIDOWITZ DOREEN TAXAHI,E 0 TAX AMT: 0 ;00 G/EE: WAPPINGER TOWN OF F6=PREV F8=BR EWD F9=BR 'FW: D;, .I^IIV-1JTdClk'J4 1�J•4J I K 1 UJUP#1 T Hbb J KHU i P.04 �1 DUTCHESS Co NTY CLSRK { "PRONE: 486-27.34 22 MARKET STREET MENU: FMCM004 ' C0 0 2 2 S Ms.. POUGHKEEPSIE N.Y. 12601 DELETE: N, RECPT NO SERIAL N0. DATE TIME OTHER/DATE CR/DEBIT CODE CONT- 01/12/04 14 :30:52 C RA ,'RECEIVED FROM: BRIDGE CITY ABSTRACT MORTGAGE TYPE: .FEE TOTAL: 44 .00 ,SUBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT# AMOUNT COMMENT #PG ', 01 02 DERD ## 385 010 19. 00 EASE 4. 02 AFFIDAVIT 030 5. 00 s. 03 11 TRANSFER TAX ##004009 290 1 s,' r 0'4 CULTURAL ED.—STATE E, 511 14 .25 05 RSCORDS MGMT. —LOCAL 070 1. 00 '�• ..06 RECORDS MGMT. —STATE 504 4.75 07 r '08 09 M/OR: TAX DIST: i 19 WAPPINGER TAXABLE AMT SEGAL ILANA TAX ANT: � 0.0 0 `{ WAPPINGER TOWN OF F6-PREV FS=BR SWD F9=8R� FWD' }' /r •V" r r r r, F• I ,I 1 I• I: j C TOTAL P.04 PAGGI, MARTIN & DEI, BENE LLP Consulting Engineers &Land Surveyors 54-56 blain Street Poughkeepsie,New York 12601 914-471-7898 914-471-09050905 (FAX) August 10, f RECEIVED-998 AUG 10 1998 Zoning Enforcement Officer Town of Wappinger ELAINE SNOWDEN P.O. Box 324 TOWN CLERK Wappingers Falls, New York 12590 Attention: Don Close Reference: Sherwood Heights Dear Don: I am in receipt of your cover letter to Elaine Snowden, Town Clerk, regarding Carmel Heights Road Dedication. I note that in your letter you have submitted a deed to our office also for review. I have reviewed the deed as it compares to File Map No. 6611 and the as-built survey prepared by Ray Kihlmire dated July 1T', 1998. 1 note that there are four (4) potential discrepancies. It should also be noted that the older filed map is somewhat difficult to read, and therefore, these discrepancies might be on the filed map and not on the description as prepared. The potential discrepancies are as follows: + An arc distance of 308.86' An arc distance of 120.0' ♦ A radius of 200.00' ♦ An arc distance of 113.46' It is recommended that this letter be sent on to the Applicant's Surveyor and have him identify the correct metes and bounds. By copy of this letter I am notifying the Developer of this request. Very truly yours, l/ septi E. Paeei, Jr., P.E. JEP:Iaw cc: Hon. Constance 0. Smith, Supervisor Hon. Vincent Bettina, Councilman Han. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati; Councilman Elaine Snowden Graham Foster Albert P. Roberts, Esq. Svi Segal Joseph E.Pao,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.5_ Charles R.Del Bene,Jr.,P.E. TOWN OF WAPPINGER P.O. Box 324 PLANNING BOARD 20 Middlebush Road Wappingers Falls, NY 12590-0324 • To: Elaine Snowden Town Clerk From: Linda Nguyen. Planning Board Secretary Re: Carmel Heights Road Dedication Date: August 13, 1998 Per Mr. Paggi's letter dated August 10, 1998, Mr. Kihhnire,PE, has revised the as-built road survey. Attached you will find a letter dated August 12, 1998, from Mr. Kihln-ire, PE, and revised metes and bounds. Additionally, you will find Combined Real Estate Transfer Tax Return, and Real Property Transfer Report. CC: Mr. Paggi, Town Engineer(Hand Delivered) Mr. Roberts, Town Attorney, (Hand Delivered) Mr. Foster, Highway Superintendent T RAYMQNQ T. KIHLM.IRE L .L .3• P .C. LAND SURVEYOR #85 LYNDON ROAD FIBHKILL, N04 '•, ORK5 12024 -'14 - 8?6 - 911; FAX Y,1-4 -n 7535 August 12 , RE: SHERWOOD HEIGHTS - AS-BUILT FOR ALBERT DRIVE 1,S regarding the Potential Fps per your . letter dated August 1�-� � the filed map 14•�:� dated e.=.-tau i l t to discrepancies from my July �,`-} ,ree.d , and a=_ per our core., er'..ation th i #6611 , which is .very hard t morning, i have corrected the two that were wrong . the art distance of 308.36 'feet is correct the arc distance of Q0 .05 ?pet i ; correct the radius of 200 .00 feet is correct is has Leen corrected on mX map - the ar.c distance of 113.46 feet . h,as .been corrected +0 112. 48 feet On my map , other quest if you have ani please c'e_l l m.}• office . e-s t i cans L.L . -� If F'a,+`mc rtd 4:ihlrrfirW , . PSE OF NEIV cc : be F� CASA sRECEIVED 4 AUS 3 1998 PI.A 'trIING &ZONING F , 'Y N1 C] � tT � 1-C I H L— "1 T FRE L _ L Date: March 25, 1993 Revised= August 121 1993 LANDS OF ZVI SEGAL d/b/a Z & M DEVELOPMENT CORP. to be conveyed to THE TOWN OF WAPPINGER for Albert Lane — (,Ob #97-047—Se al 3 Town of Wappinger, Dutchess County, New York ALL that parcel of land situated in the Town of Wappinger, Dutchess County, New YoH4, sk^own as "ALBERT LANE" as shown on a map entitled, "SUBDIVISION PLAT OF CARMEL HEIGHTS, TOWN OF WAPPIHGER, DUTCHESS COUNTY, NEW YORK", dated September 24, 1932, prepared by Richard G. Barger, P.E. & L.L.S. and filed in the Dutchess County C1erKs Office as filed map #6611, said parcel is more particularly described as follows= BEGINNING at a steel pin found set at the westerly end of a curve connecting the southerly line of Albert Lane with the westerly line of Sherwood Heights, (said steel pin is in the front of Lot #31 as shown on said filed map), thence westerly, northerly & easterly along the southerly, westerly & northerly line of Albert Lane the following courses &distances: SOUTH 58700-00 WEST 70.7i-feet, on a curve to the right having a radius of 300.00 feet an arc distance of 106,42 feet, SOUTH 78-19-30 WEST 351.41 feet, I _ on a curve to the right having a radius of 1`.,0.00 feet an arc distance of 308.0'6 feet, NORTH 03-21-40 WEST 150.46 feet, �� on a curve to the right having a radius of 175.00 feet an arc distance of 250.25 feet, NORTH 78-34-20 EAST 237.03 feet, on a curve to the left having a radius of 150.00 feet an arc distance of E35A i feet, NORTH 4.6-04-50 EAST 99.96 feet, on a curve to the right having a radius of 200.00 feet an arc distance of 160.00 feet, SOUTH 88-03-50 EAST 25.98 feet and on a curve to. the left, connecting the northerly line of Albert Lane with the westerly line of Sherwood Height, having a radius of 25.00 feet an arc distance of 39.27 feet to a concrete monument found set on the westerly line of Sherwood Heights in front of lot #45 as shown on said filed map, thence southerly along the westerly line of Sherwood Heights SOUTH, 01-56-10 WEST 100.00 feet to a int at the southerly end of a curve connecting the westerly line of Sherwood Heights with th ppoe southerly line of Albert Lane, thence westerly, southerly & easterly alo.nq the southerly, easterly & northerIN/ line of Albert Lane the following courses & distances: on a curve-to.the left having a radius of 25.00 feet an arc distance of 39.27 feet, SOUTH 88--03- 50. WEST'25.98 feet, on a curve to the left having a radius of 150.00 feet an arc distance of 120.00 H 4{ feet, RECEIVED SOUT -04= R 50 WEST 99.96 feet, on a curve tckhe right having a radius of 200.00 feet an arc distance of i 13.4_ + feet, AUG 1 3 1$ PLANNING & ZONING SOUTH 78-34-20 WEST 237.03 feet, on a curve to the left havin4 a radius of 125.00 feet an arc distance of 178.75 feet, SOUTH 03-21-40 EAST 150.46 feet, on a curve to the left having a radius of 130.00 feet an arc distance of '23.07 feet, FORTH 78--19-30 EAST 351.41 feet, on a curve to the-left having a radius of 250.00 feet an arc distance of r8.?.69 feet and NORTH 53-00-00 EAST 74.71 feet to a concrete monument found set at the westerly end of a curve connecting the northerly line of Albert Lane with the westerly line of Sherwood Heights, said point is in the front of lot #46 as shown on said filed map, thence.solitheastehi-crossing Albert Lane SOUTH 22-33-31 EAST 50.04 feet to the point or place of beginning. i �^"'"� l� � �' �� , ���� ��� �_/ � ���� �-�,"_` ��p Pte^'' �4� �RG�'�S/� z LANDS OF ZVI SEGAL d/b/a Z & M DEVELOPMENT CORP. to be conveyed to THE TOWN OF WAPPINGER for CARMEL HEIGHTS (f/k/a Albert Lane) - Uob #97-047-cz.riai } Town of Wappinger, Dutchess Ccun+y. New York ALL that Parcel of land situated in the To,„,n of Wappinger, "ALBERT LANE” as shown on a ma entitledDutchess County, New York, sknown as p , "SUBDIVISION PLAT OF CARMEL HEIGHTSr TOWN OF WAPPIN.GER, DUTCHESS COUNTY, NEW YORK", dated September 24, 19;.-2, Prepared by Richard 0-. Barger. P.E. E L.L.S. and filed in the Dutchess County Clerks Office as Tiled' iled map #6E1ir said parcel is more particularly described as follows= BEGINNING at a steel pin found set at the westerly end of a curve connecting the southerly line of Carmel Heights (f/k/a Albert Lane) with the westerly line of Sherwood Heights, (said steel pin is in the front of Lot #31 as shown on said filed map), thence westerly, northerly 8, easterly along the southerly, westerly &: northerly Iine of Carmel Heights (f/Kta Albert lane) the following courses 2:. distances_ SOUTH 58-00-00 WEST 70.71 feat, on a curve to the right having a radius of 300.00 feet an arc distance of 106.42 feet, SOUTH 78-19-30 WEST 351.41 feet, on a curve to the right having a radius of 18'0.00 feet an arc distance of 309,.-'---'6 feet, NORTH 03-21-40 WEST 150.46 feet, on a curve to the right having a radius of 175.00 feet an arc distance of 250.25 feet, NORTH 71-34-20 EAST 237.03 feet, on a curve to the left having a radius of 150.00 feet an arc distance of _,5.i i feet, NORTH 46-04-50 EAST 99,96 feet, on a curve to the right having a radius of 200.00 feet an arc distance of 160,06 feet, SOUTH 88-03-50 EAST 25.93 feet and . on a curve to the left, connecting the northerly oncrtline of Carmel Heioh+= " ft westerly line of Sherwood Haight, having a radius' of 25, 00 fea+ pith ee monument found set on the westerly line of Sher• e map, d filed thence southerly alvnq G point at the southerly er to a line of Carmel Heights ( 3eriy thence westerl;., souther. (f/k/a Albert Lane) the fo; 'its on a curve to the left havir SOUTH ^8-03-50 WEST 25.4 on a curve to the left havinc SOUTH 46-04-50 WEST 99.96: (J on a curve to the right havinc_ SOUTH73-34-20 WEST 237.0; on a curve to the left having a SOUTH 03-21-40 EAST 150.4 # tarrce of 17f�.75 feet, on a curve to the left having a r, �6V.00 feet an arc distance of 223.07 feet, NORTH 7t,-19-30 EAST 351.41 feet, on a curve to the left having a radius of 250.00 feet an arc distance of ._;c;,6q feet and NORTH 5 '.--00--00 EAST 74.71 feet to a concrete monument found set at the wes erl; connecting the northerly line of'Carmel Heights (f/k/a Albert Lane) with the westerly line of Sha Curve erw od Heights, said point is in the front of lot #46 as shown on said filed miap, cod thence southeasterly crossing Carmel Heights (f/k/a Albert Lane) 2s'_;-33_31 EAST >0.09 feet point or place of beginning, ) SOto the S== "A° TP-584 (10156) Recording Office Time Stamp New York State Department of Taxation and Finance Combined Rea! Estate Transfer Tax Return and Credit Line Mortgage Certificate RECEIVED AUG 1 3 1998 p4__ANNiNG &ZONING See instructions (TP-584-f before completingthis form. Please print or type. Schedule A -- Information Relating to Conve once Social Security Number Grantor Name (it individual,last, first,middle initial) Individual Z & ,M DEVELOPMENT CORP. Social Security Number Corporation Mailing address f - 12 Plaza Road l ❑ Partnership City State ZIP code Federal employer Ident,number ❑ Other Wappingers Falls New York 12590 social Security Number Grantee Name rt individual,fast,first,middle initial) r Individual TOM OF WAPPINGER ❑ Social Security Number [R Corporation Mailing address 20 Middlebush Road F1 Partnership rwappi�ners State ZIP code Federal employer ident.number E] Other Falls New York Location and description of property conveyed — --- Tax fna desi nation Address CityNlllage Town County Section Block Lot Albert Lane • (Lot #k31 Sherwood Heights) 11appinger Dutchess Type of properly conveyed (check applicable box) 1 ❑ 1 - 3 family house 5 ❑ Commercial/Industrial 2 ❑ Residential cooperative 6 ❑ Apartment building Dale of conveyance Percentage real properly conveyed which is residential 3 F-1Residentialcondominium 7 ❑ Office building 8 gg real property 140 --_--°gyp 4 n Vacant land 8 ❑ Other monm day- year (see instructions) Condition of conveyance (check all that apply} a. x Conveyance of foo interest - 1. -Conveyance which consists of a more k. -Contract assignment b. _Acquisition of a controlling interest (state change of identity or lorm o1 ownership or 1. -Option nsslgnment or surronder organization ("Hach Form TP-584.1,Schedule F) m. -Leasohold assignment or surrender percentage_ acquired — ��) n. -Leasehold grant g, _Conveyance for which credit for!ax c. _Transfer of a controlling iniefosl (state o previously paid wilt be claimed o. -Conveyance of an easement percentage transferred ie) (attach Form TP-584.r,Schedule G) p- -Conveyance for which exemption from d. -Conveyance to cooperative housing transfer tax is claimed (complete Schedule B, corporation h, -Conveyance of cooperative apartment(s) Part III) i. -Syndication _Conveyance of property partly within and e. -Conveyance pursuant to or in lieu of q- foreclosure or enlorcemenl of security j. -Conveyance of air rlglris or development partly without the state interest(attach Form TP-5644 r,Schedule F) rights r. XOther(describe) Schedule B — Real Estate Transfer Tax Return Article 31 of the Tax Law 'Town O WapPinger Part I -Computation of Tax Due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption ;L= 0 . &]Exemption claimed claimed box, enter consideration and proceed to Part 111)................•2'Continuing lien deduction (see instructions it property is taken subject to mortgage or lien) ;:.....:.... 3 3 Taxable consideration (subtract line 2 from line 1)..............•.••••••......••••••......."......•••. 4 0 4 Tax: $2 for each $500, car fractional part thereof, of consideration on line 3 ........ •••••••••••..• 5 0 5 Amount of credit claimed (see instructions and attach Form TP-584.f, Schedule G)................. ...•...........:: 6 Total tax due' (subtract line 5 from line 4)........................ Part II - Computation of Additional Tax Due on the Conveyance of Residential Real Property for$1 Million or More 1 1 Enter amount of consideration for conveyance (from Part I, line 1) .............................••••••••. •••••• 2 2 Taxable consideration (multiply line 1 by the percentage of the premises which is residential zeal property;see instructions).::;:: 3 3 Total additional transfer tax due` (1,% of line 2 `Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place In New York ) made City, make check(s) payable to the NYC Department of Finance. If no recording is required, send this return and PO Box cs 5045( Albany NY payable to the Department of Taxation and Finance, directly ip the NYS Tax Department, TTTB-Transfer Tax, 12205-5045, pate received Transaction number For reCordir g ofric©r's use Amount reenived Part i $ earl Il$ r LLlYJL 1 II L Vli I I1LVV � ellvl�l •.••�•. ..••• ••. v.. �..... ' INSTRUCTIONS: http:#www.orps.state.nyms or PHONE (518) 473-7222 -FOR COUNTY USE ONLY REAL PROPERTY TRANSFER REPORT C1. SWIS Code _J STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES C2. Date Deed Recorded Month Day Year RP _ 5217 C3. Book I C4. Page I I I t_i ., RP-5217 xs,3/q7 PROPERTY INFORMATION 1.Property I .Lot #31 1 Albert lane Location STREET NUMBER STREET NAME CIT,OR Tp - VILLAGE 2.Buyer CM OF WAPPRiMR Name LAST NAME 1 COMPANY FIRST NAME LAST NAME I COMPANY I FIRST NAME - - 3.Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form) LAST NAME!COMPANY FIRST NAME Address STREET NUMBER AND STREET NAME CITY OR TOWN STATE ZIP CODE 4.Indicate the number of Assessment (Only if Part of a Parcel)Check as they apply: Roll parcels transferred on the deed Lam_.-:J #of Parcels OR ❑ Part of a Parcel 4A.Planning Board with Subdivision Authority Exists 4B.Subdivision Approval was Required for Transfer ❑ 5.Deed ❑ PropertyX OR • 4C.Parcel Approved for Subdivision with Map Provided Size FRONT FEET DEPTH ACRES 6.Seller Z & M DEVELOPMENT CORP. Name LAST NAME/COMPANY FIRST NAME LAST NAME/COMPANY I FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: S.Ownership Type is Condominium A One Family Residential E Agricultural I Community Service 9.New Construction on Vacant Land B 2 or 3 Family Residential F Commercial J lndustrial 10A.Property Located within an Agricultural District C X Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice indicating ❑ D Non-Residential Vacant Land H Entertainment I Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions as applicable to transfer: 11.Sale Contract Date a A Sale Between Relatives or Former Relatives Month Day Year $ Sale Between Related Companies.or Partners in Business C One of the Buyers is also a Seller 12.Date of Safe 1 Transfer 8 98 D Buyer or Seller is Government.Agency or Lending Institution Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) G Significant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price r 0 Q_J H. Sale of Business is Included in Sale Price 7 y • (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price iSpecify Below) This payment may be in the form of cash,other property or goods,or the assumption of J None mortgages or other obligations:) Please round to the nearest whole dollar amount. dedication : road to town 14.Indicate the value of personal I 0_1 0 1 property included in the sale 7 • ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from L1998. ]_ 17 Total Assessed Value(of all parcels in transfer) which information taken 18.Property Class 19_School District Name 20.Tax Map Identifier(s)1 Roll Identifier(s)(f more than four,attach sheet with additional identifier(s)) ---------------- i CERTIFICATION I certify that all of the items of information entered on this form are true and correct(to the best of my knowledge and belief)and I understand that the malting of any wi ful false statement of material fact herein will subject me to the provisions of the penal law relative to the making and filing of-false instruments. BUYER BUYER'S ATTORNEY TOM OF TAMPP= UYER SIG IRE DATE LAST NAME b 0 Mi rirli ebush Road 914 298-2000 STREET NUMBER STREET NAME tAFTER SALE) AREA CODE TELEPHONE NUMBER Wappingers Falls NY 12590 :u.� = V E D C"OR TOWN STATE ZIP CODE NEW YORK STATE _ usi 1998 SELLER PP. COPY c, & ZONING gj (2-/98 ` .. _ neTF - A 291 Standard N.Y.B.T.U. Form 8007 JULIUs BLUMBERG,INC.,LAW BLANK PUBLISHERS Bargain&sale deed,with covenant against grantor's Lets—Ind.or Corp. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the a9-"I day of 4MYSUL , nineteen hundred and ninety—eight P BETWEEN Z & M Development Corp, a New York Corporation with its principal place of business at 12 Plaza Road Wappingers Falls, New York,12590 party of the first part,and TBE TOWN OF OF WAPPINCER, a Municipal Corporation with its principal place of business at 20 Middlebush Road, Wappingers Falls, New York 12590, party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100 (.$10.00) _ .- _ —��_��_�__....---�_���__�-- _----- dollars, lawful money of the United States, and o and Valuable consideration paid by the party of the second part, does hereb s aid release unto {rhe party of the second part, the 'heirs or, successors and assigns of the party of the c ,* forever, ALL that certain plot, piece or creel o 1,' d, , situate, lying and being in the TTM a I1 r Cc unty of Dutchess and State of New York, being more particularly n cr' Schedule A attached hereto and made part hereof. l 1 AUG 3 1998 ZONING A0411NISTRAT OFI TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of-the party of the second part forever. AND the party of the fim part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose.of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same far any other purpose. The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESEN Z & M P CORP. Zvi sl GA esident Town of Wappinger ZONING DEPARTMENT 20 MIDDLEBUSH ROAR CONSTANCE O.SMITH P.O.BOX 324 Supervisor WAPPINGERS FALLS,NY 125990-0324 (914)297-6257 To: Elaine Snowden, Town Clerk From: Donald Close,Zoning Administrator 8w--l-11 Re: Carmel Heights Road Dedication Date: August 5, 1998 Mr. Segal has submitted the following in order to be placed on the agenda for the next Town Board meeting. Attached you will find the originals for the following; (See Correspondence from Mr. Segal dated July 29, 1998) 1. Deed; 2. Offer of Cession; 3. Preliminary Certificate of Title; 4. Drainage easements for 3 lots and corresponding gains affidavits for each conveyance; 5. As built road survey; 6. Copy of the Letter of credit in.acceptable form to the Town; (Original previously sent to you.) 7. Copy of Performance Bond duly executed. (Original previously sent to you.) Z have sent copies of the above to Mr. Roberts, and Mr. Paggi. DC/In RECEIVED AUG 0 6 1998 ELAINE SNOWDEN TOWN CE_MK DRAINAGE EASEMENT This Agreement made this Vday of July 1998, DOREEN DAVIDOWITZ,presently of Avon Road, Larchmont, New York, (hereinafter called the."Grantor") and TOWN OF WAPPINGER, a municipal corporation with its principal place of business located at Middlebush Road, Wappingers Falls,New York(hereinafter called the "Grantee"), WITNESSETH : That the party of the first part, in consideration of$1.00 actual lawful money of the United States, and other good and valuable consideration, the receipt of which is hereby acknowledged, does convey unto the Grantee, its heirs, successors and assigns, a permanent easement in, upon, over and under and through certain premises of the Grantor, being generally described as Grid#19-6258-04-719224-00,Lot#3 9,Carmel Heights,Town of Wappinger,Dutchess County,New York, and more specifically described by metes and bounds on Schedule "A" which is annexed hereto and made a part hereof. The easement granted herein is for the purposes of construction, operation and maintenance of sub-surface storm drainage collection systems,detention pond and outlet structuresl which have been or will be constructed upon the demised premises, as well as for the purposes of allowing access by ingress and egress over the demised premises to reach these systems. The Grantor,its successors or assigns is hereby prohibited from constructing and/or maintaining any type of permanent structure including on, under or over the Permanent Easement Area without written permission of Grantee. The Grantor is also prohibited from erecting fences, WOLFSON GRELLER structures and planting any trees, shrubs, bushes, etc., that would otherwise interfere with the REISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW Grantee's right to use the Permanent Easement Area as herein stated.. II MARKET STREET POUGHKEEPSIE.NEW YORK This easement shall be binding upon, and inure to the benefit of, the parties hereto 12601 (914)d5d-2200 and their respective heirs, successors and assigns forever. n _ _ IN WITNESS WHEREOF,the Grantor has duly executed this easement the day and year first above written. DOREEN DAVIDOWITZ In e presence of- r WITNESS STATE OF NEW YORK ) )SS.. COUNTY WESTCHESTER) On the aI SW- day of J 1998, before me personally came DOREEN DAVIDOWITZ,.to me known and known to me to be the individual described herein and she duly acknowledged to me that she executed the foregoing ins ARY PUBLIC BERNARD ISER Notary Public, State of New York No. 01-4728217 Qualified in.Queens County commission Expires Aprit 30,2000 WOLFSON GRELLER REISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET ,POUGHKEEPSIE,NEW YORK )2601 (914)454.2200 SCHEDULE"A" That certain lot of land, situated, lying & being in the Town of Wappingers, Dutchess County,New York, said easement is bounded and described as follows: Beginning at the intersection of the northwesterly corner of lot #39 & the southwesterly corner of Lot #40 of Carmel Heights subdivision and the easterly side of All Angels Hill Road, thence southeasterly along the division line between Lot#39 &Lot#40 as shown on said filed map South 52-49-00 East 280.55 feet to a point on the westerly side of Carmel Heights (f/k/a Albert Lane),thence southwesterly along the westerly line of Carmel Heights(f Va Albert Lane)on a curve to the left having a radius of 175.00 feet an arc distance of 25.31 feet and a chord bearing of South 28-30-41 West to a point, then ce northwesterly & southwesterly through Lot #39 the following courses&distances:North 52-49-00 West 193.55 feet&South 36-32-25 West 150.01 feet to a point on the division between Lots#38 &#39 on said filed map,thence northwesterly along the division line between Lots#38 &#39 North 75-3120 West 104.39 feet to a point on the easterly line of All Angels Hill Road,thence northeasterly along the easterly line of All Angels Hill Road North 42-13- 40 East 68.02 feet and North 36-20-20 East 147.57 feet to the point or place of beginning. Containing 0.52 acres of land more or less. WOLFSON GRELLER REISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW If MARKET STREET POUGHKEEPSIE.NEW YORK - 12601 (914)464-2200 TP7584 (10196) Recording Office Time Stamp New York State Departmenl of Taxation and Finance Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate See instructions (TP-5841) before completing this form. Please print or t pe. Schedule A — Information Relating to Conveyance Grantor Name (if individual,last, first,middle initial) Social Security Number Individual ]70 ( 1 1 36 308 ❑ Corporation Mailing address Social Security Number ❑ Partnership Avon Road City State ZiP code Federal employer ident.number [I Other iarcbmont-_ Neu York Grantee Name fif individual,•last,first,mkidle initial) Social Security Number ❑ Individual Ig Corporation Mailing address Social Security Number ❑ Partnership Middlehish Road City State ZIP code Federal employer ident.number r-1OtherWap pingero Falls Nadz York Location and description of property conveyed Tax ma designation Address CityNillage Town County Section Block Lot Grid 4 19-6238 1 04-119224-00 Lot #39 Camel Heights Wappinger Dutchess Type of property conveyed (check applicable box) 1 ❑ 1 - 3 family house 5 ❑ Commercial/industrial 2 ❑ Residential cooperative 6 ❑ Apartment building Date of conveyance Percentage of real property 3 ❑ Residential condominium 7 ❑ Office buildingconveyed which is residential 4 [3 Vacant land 8 E] Other [::]-== real property % month day year (see instructions) Condition of conveyance (check all that apply) a. }'Conveyance of tee interest f. Conveyance which consists of a mere k. -Contract assignment b.' -Acquisition of a conlroiling interest (slate change of identity or form of ownership or 1. -option assignment or surrender percentage acquired %) organization (attach Form TP•584.1,Schedule F) m. -Leasehold assignment or surrender _Conveyance for which credit for tax n. -Leasehold grant c. - Transfer of a controlling interest(stale g yance o. _Conveyance of an easement percentage transferred %) previously paid will be claimed (attach Form TP-584.t,Schedule G) p• -�Conveyance for which exemption from d. -Conveyance to cooperative housing transfer tax is claimed (complete Schedule B, corporation h. -Conveyance of cooperative apartment(s) Part III) e, -Conveyance pursuant to or In lieu of i- --Syndication q. Conveyance of property partly within and foreclosure or enlorcement of security j. -Conveyance of air rights or development partly without the state interest (allach Fomr TP,504,1,Schedule E) rights r.XN:�Dther(describe) Schedule B -- Real Estate Transfer Tax Return Article 31 of the Tax Law to Town Part I -- Computation of Tax Due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption 1 claimed box, enter consideration and proceed to Part 111)................................. 0 Exemption claimed 2'Continuing lien deduction (see instructions it property is taken subject to mortgage or lien .••••••••••••••.••. 2 p P Y i fid 9e )......... 3 3 Taxable consideration (subtract line 2 from line 1)................................................................ 4 0 4 Tax: $2 for.each $500, or fractional part thereof, of consideration on line 3 ........ .. ••••••••.•.•••••••.•.• 5 0 5 Amount of credit claimed (see instructions and attach Form TP-584.f,Schedule G)............................••••••. 6 Total tax due' (subtract line 5 from line 4)................................................................... .... 6 0 Pairt.11-- C ornputation of Additional Tax i?ue on the Conveyance of Residential Real Property for $1 Million or More 0 1 Enter amount of consideration for conveyance (from Part I, line 1) ..................•.....••.••.... 2••..•••• •• 1 0 2 Taxable Consideration (multiply fine i by the percentage of the premises which is residential real property,see instructions)...... 3 0 3 Total additional transfer tax due' (t%of line 2) ........ ••••••••••••. ..•.. `Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, maize check(s) payable to the NYC Department of Finance. if no recording is required, send this return and your check(s) made payable to the Department of Taxation and Finance, directly to the NYS Tax Department,M13-Transfer Tax, PO Box 5045, Albany NY 12205-5045. For recording officer's use Amount Date received Transaction number received Part t $ Part t $ 3 . z DRAINAGE EASEMENT i This Agreement made this k day of July 1998, PLAZA BUILDING CORP., with its principal place of business located at 12 Plaza Road, Wappinger Falls,New York 12590„ (hereinafter calledthe"Grantor")and THE TOWN OF WAPPINGER,a municipal corporation with its principal place of business located at Middlebush Road,Wappingers Falls,New York(hereinafter called the "Grantee"), WITNESSETH : That the parry of the first part, in consideration of$1.00 actual lawful money of the United States, and other good and valuable consideration,the receipt of which is hereby acknowledged, does convey unto the Grantee, its heirs, successors and assigns, a permanent easement in,upon, over and under and through certain premises of the Grantor,being generally described as Grid#19-6258-04-715209-00,Lot#3 8,Carmel Heights,Town of Wappinger,Dutchess County,New York, and more specifically described by metes and bounds on Schedule "A" which is annexed hereto and made a part hereof. The easement granted herein is for the purposes of construction, operation and maintenance of sub-surface storm drainage collection systems detention pond and outlet structures which have been or will be constructed upon the demised premises, as well as for the purposes of allowing access by ingress and egress over the demised premises to reach these systems. The Grantor,its successors or assigns is hereby prohibited from constructing and/or maintaining any type of permanent structure including on, under or over the Permanent Easement Area without written permission of Grantee. The Grantor is also prohibited from erecting fences, WOLFSON GRELLER REISMAN & EGITTO strictures and planting any trees, shrubs, bushes, etc.,that would otherwise interfere with the ATTORNEYS AND COUNSELLORS AT LAW I I MARKET,STREET Grantee's right to use the Permanent Easement Area as herein stated.. POUGHKEEPSIE.NEW YORK T2E01 - This easement shall be binding upon, and inure to the benefit of, the parties hereto (9147 ASA-220C and their respective heirs, successors and assigns forever. ' Ma^rwriinn Office Time Stamp IN WITNESS HEREOF,the Grantorhas duly executed this easement the day and ear first above written PLAZA BUIL G C By: vi Se I, Pr sident _ the e f SS STATE OF NEW YORK ) COUNTY OF DUTCHESS�SS.: On the 20"A came Zvi Segal, o daY of IZ"VL4 �r me known, who being by me duly sworn, did depose before me personally o. 12 Plaza Road, Wa % ppingers Falls,New York,that he is the President of PlazBsay auildit he n resides at the corporation described in and which executed the fore Of said corporation; that the seal going in g Co affixed by order of the board of affixed to said ins trument; that he knows the sela trument is such corporate seal; that it was so be Iike oxder, directors of said corporation, and that he signed his name thereto NOTARY PUBLIC Jule B, CANDIS S.PASMRNAK nd NOrY Pubilo,State of Now York Residing in Dutchess County 4G 1Prlt Commission Expires April 30, 19 ,[� - dao 041 ]a eaeld ui B JG 1 1pulWeH RAYMOND J. KIHLMIRE L.L.S. P.C. LAND SURVEYOR #8_5 LfNDON ROAD E r SHK I LL, NEt..l YORK, 1^52- =14 - 896 - 91133 rr r n Legal Descril2tion - Drainage Easement . Lot#38 Carmel Heights Town of Wappingers Dutchcss County,New York That certain lot of land situate,lying and being in the Town of Wappingers, Dutchess County,New York,is bounded and described as follows: Bcginning at the intersection of the northwesterly corner of lot#38 of the Carmel Heights subdivision and the easterly side of All Angels Road South.75°31'20"East 104.39';Thence along the following(2)courses, South 36932'25" West 154.00',North 63"04'26"West 11 1,19, to a point on the eastorn edge of.All Angels Road,Thence along the easterly edge of said road North 42 013'40"East 130,00' to the point and place of beginning. Containing 0.33 acres of land more or less. yo OF NEW AT Pa le 8, o � nt 4 \ i 0 et11 eosid ajoI � �j Jlwea y • 16) Recording Office Time Stamp New York Slate Department of Taxation and Finance Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate See instructions (TP-5841) before completingthis form. Please print or type. Schedule A -- Information Relating; to Conve once Social Security Number Grantor Name (if individual;last;first,middle initial) 2-2- a-q S) ❑ Individual plaza Rii1ding Social Security Number Corporation Mailing address [3 Partnership City State ZIP code Federal employer ident.number ❑ Other Social Security Number Grantee Name if individual;last,first,m+ddle initial) ❑ individual Social Security Number iE] Corporation Mailing address Mi LjRbush Road ZIP code rFecieral employer ident,number ❑ Partnership CityState p Other Location and description of property conveyed Tfmali nationAddress City/Village 'own County Seck Lot Lot #38 C_Lmel Heights appingex' Dutchess Gr62 f3-70 Type of property conveyed (checA applicable box) 1 ❑ i - 3 family house 5 ❑ Commercial/industrial Pe 2 ❑ Residential cooperative rcentage of real property 6 ❑ Apartment building Date of conveyance conveyed which is residential 3 F-1Residentialcondominium T [1 Office building 8 ❑ Other 47 -1-0 98 real property�...---° 4 ® Vacant land =nth aay rear (see instructions) Condition of cpnveyar,ce (check ail that apply) a. XCanveyance o1 fee Inie�est f. -Conveyance which consists of a mere k. -Contract assignment b.' -Acquisition of a controlling interest(state change of identity or form of ownership or I. -Option assignment or surrender organization(attach Form TP-584.1,Schedule F) m, -�Leasehold assignment or surrender n percentage acquired __ — ) n. -Leasehold grant g. _Conveyance for which credit for tax c. -Transfer of a controlling interest (state o. -Conveyance of an easement percentage transferred %) p.paid will be claimed p -Conveyance for which exemption from _ (attach Form 7P-584-i,Schedule G) d. -Conveyance to cooperative housing transfer tax is claimed(complete Scheduf h. -Conveyance of cooperative apartments) Part III) corporation ;- -Syndication q, -Conveyance of property partly within and e. -Conveyance pursuant to or In-lieu of foreclosure or enforcement of security j. -Conveyance of air rights or development partly without the state r. X Other (describe)DrdlTla 2 easelttFr interest (attach Form TP-584.1,Schedulerights EJ 9 �7I1 Schedule B = Real Estate Transfer Tax Return Articke 31 0# the Tax Law Part I -Computation of Tax Due 1 Enter amount of consideration for the conveyance {if you are claiming a total exemption from tax, check the exemption O claimed box, enter consideration and proceed to Parr III)....................... EXemptton Claimed 2 O 2•Continuing lien deduction (see instructions if property is taken subject to mortgage or lien);.'.. ;'.;...;..'..;_..... 3 3 Taxable consideration (str6rract line 2 from line 1)......••••••• ••••••••• 4 0 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line a .................. 5 5 Amount of credit claimed (see instructions and attach Form TP 584.i, Schedule G)..........••.•.••.;....'....;......; 6 6 Total tax due" (subtract line 5 from line 4)......................... Part 11-- Computation of Additional Tax Due on the Conveyance of Residential Real Property for$1 Million or More 1 1 Enter amount of consideration for conveyance (from Part t, line 1) .....-••-•• •••• ••�••'•'••''-''''-''' 2 2 Taxable consideration (muitiply line 1 by the percentage of the premises which is residential real property;see instructions) 3 3 Total additional transfer tax due' (1%of line 2) .................. .Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If Iso recording is required, send this return and.your c5045s) made payable to the Department ofTaxation and Finance, directly to the NYS Tax Department,TfTB-Transfer Tax, Pfd Box 5045, Albany ' 12205-5045• Date received q Transaction number For recording officer's use Amount received Part 1 $ Part 1 $ TP-584 (10196) (back) Schedule B -=•-- continued Part III- Explanation of Exemption Claimed in Fart 1, line:1 (check-any boxes that apply) The conveyance of real.property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or a ❑ compact with another state or Canada)..................................................................................... 111116 b. Conveyance is to secure a defjt or other obligation........ ............................... . b ❑ supplement a prior conveyance................ c E]c Conveyance is without additional consideration to confirm, correct, modify or Supp d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying realty as bona fide gifts ......... ........................................ ......... e. Conveyance is given in connection with a tax sale..............................••••••..••• f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real properly comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F......................•... g. Conveyance consists of deed of partition:....:...........................•.•..••••••••••.•• h. Conveyance is given pursuant to the federal bankruptcy act............ I. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or I the granting of an option to purchase real property without the use or occupancy of such property ................... Cl j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1-, 2-, or 3-family house, an individual residential condominium unit,or the sale of stock.in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential 1. j ❑ cooperative apartment............................................................................... .......... k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents ............................ k ❑ supporting such claim)......................................................................... �. I I. Other,(attach explanation). Drainage Easement to Town ........................................... .... Schedule C -- Credit dine Mortgage Certificate Article 11 of the Tax Complete the following only if the Interest being transferred Is a fee simple Interest. (we) certify that: (check the appropriate box) 1 3qq The real property being sold or transferred is not subject to an outstanding credit line mortgage. outstanding credit line mortgage. However, an exemption from the tax 2 [:1 The real property being sold or transferred is subject to an is claimed for the following reason: F1 The transfer of real property is a transfer of a.fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. ❑ The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B)to a person or entity where 50% or more of the beneficial interest in such real uch related person or persons (as in the case of a transfer to a trustee property after the transfer is held by.the transferor or s for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑ The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court: ❑ The maximum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally Improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more.information regarding these aggregation requirement s. ❑ Other (attach detailed explanation). 3 ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: ❑ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4 ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage.is . No exemption from tax is claimed and the tax of being paid herewith. (Make check payable.to county clerk where deed will be recorded or, if the recording is to take place in New York City, make check payable to the NYC Department of Finance.) Signature both thegrantor(s and rantee s must si n . The undersigned certify that the Bove return, including any certification, schedule or attachment, is to the best of his/her knowledge,true and complete. TOWN OF V7ApPI10ER PLAZA BUILD Grantee Title :.a Title b17: Grantor ZVT SEGAL, President £r . ,.,.... ...,.., m lefe Schedule C7 if you checked e, r„_prding will take DRAINAGE EASEMENT This Agreement made this�0`day of July 1998, ILANA SEGAL, presently of 12 Plaza Road,Wappingers Falls,New York, 12590, (hereinafter called the"Grantor")and TOWN OF WAPPINGER, a municipal corporation with its principal place of business located at Middlebush Road, Wappingers Falls,New York(hereinafter called the "Grantee"), WITNESSETH : That the party of the first part, in consideration of$1.00 actual lawful money of the United States, and other good and valuable consideration, the receipt of which is hereby acknowledged, does convey unto the Grantee, its heirs, successors and assigns, a permanent easement in, upon, over and under and through certain premises of the Grantor, being generally described as Grid#19-62.58-04-725241-00,Lot#40,Carmel Heights,Town of Wappinger,Dutchess County,New York, and more specifically described by metes and bounds on Schedule "A" which is annexed hereto and made a part hereof. The easement granted herein is for the purposes of construction, operation and maintenance of sub-surface storm drainage collection systems,detention pond and outlet structures, which have been or will be constructed upon the demised premises, as well as for the purposes of allowing access by ingress and egress over the demised premises to reach these systems. The Grantor, its successors or assigns is hereby prohibited from constructing and/or maintaining any type of permanent structure including on, under or over the Permanent Easement Area without written permission of Grantee. The Grantor is also prohibited from erecting fences, WOLFSON GRELLER structures and planting any trees, shrubs, bushes, etc., that would otherwise interfere with the RE[SMAN & EG[TTO ATTORNEYS AND Grantee's right to use the Permanent Easement Area as herein stated.. COUNSELLORS AT LAW 11 MARKFT STREET ' POUGHKEEPSIE.NEW YORK This easement shall be binding upon, and inure to the benefit of,the parties hereto 12601 . (914}454-2200 and their respective heirs, successors and assigns forever. i` f` IN WITNESS WHEREOF,the Grantor has duly executed this easement the day and year first above written. zLA44 CVAL — e esence of ESS STATE OF NEW YORK COUNTY OF DUTCHESS )SS On the �2-0 M day of T'u L-� ILANA SEGAL, to me known and known to me to be the 19985individual before me personally came acknowledged to me that she executed the foregoing he described herein and she duly tial NOTARY PUBL C RNAK NID18ry PublicState off New York ResidiCommission+Evi�es April 3 U 18 )M ,hedule I 3 iin and G I T'ro 3G�A - ITTO AND AT LAW REET EW YORK O )D 0 41 J00 83; 0405 ul 6.Ii ita uepuiw f- SCHEDULE "A" That certain lot of land situate,lying and being in the Town of Wappinger,Dutchess County, New York, is bounded and described as follows: Beginning at the intersection of the southwesterly corner of Lot #40 of Carmel Heights subdivision and the easterly side of All Angels Hill Road North 21-58-50 East 25.89 feet along the easterly side said All Angels Hill Road to a point,thence southeasterly through Lot#40 South 52-49-00 East 287.14 feet to a point on the westerly side of Carmel Heights (flkla Albert Lane), thence southwesterly along the westerly line of Carmel Heights(f Va Albert Lane)on a curve to the left having a radius of 175.00 feet an arc distance of 25.02 feet and a chord bearing of South 36-45- 03 West to a point and the intersection with Lot #39 as shown on said filed map, thence northwesterly along the division line between Lots#3 9 &40 as shown on said filed map NORTH 52-49-00 WEST 280.55 feet to a point on the easterly line of All Angels Hill Road and the point or place of beginning. Containing 0.16 acres of land more or less. WOLFSON GRELLER REISMAN & EGITTO ATTORNEYS ANO- COUNSELLORS AT LAW I I MARKET STREET POUGHKEEPSIE.NEW YORK 12801 (014)454-2200 Recording Office Time Stamp J/96) New York Stale Department of'laxation and Finance Combined .Real Estate Transfer Tax Return and Credit Line Mortgage Certificate See instructions (TP-5844)before completing this form. Please Tint or t ype. So- h e A-- Intormation Relatin to Conveyance Social Security-Number '613-7— Grantor Name (11 individual;fast,.first,middle initial) V3 2— O 19 Individual SE AL I]Ana Social Security Number Mailing address E3 Corporation 12 plaza RoadFederal employer ident.number L3 Partnership City State ZIP code ❑ other Wal . ers Falls NeW York Social Security Number Grantee Name (it individual;last,first,middle initial) Social Security Number E] Individual Mailing address E Corporation Federal employer!dent.number State Z1P code �/ C] Partnership City 12590 P ! 4 Cj ❑ Other Location and description of property conveyed -- CityNlllage Town County Address T€lx ma desi nation Section Block Lot Grid 19-62 8- appinger Dutchess 4-725 41-00 Lot #40. Carmel Heights Type of property conveyed (check applicable box) 1 ❑ 1 - 3 family house 5 ❑ Commercial/industrial percentage of real! property 2 ❑ Residential cooperative 6 ❑ Apartment building Date of conveyance conveyed which is residential 7 ❑ Office building 07 98 real property 10^0�--- 3 171 Residential condominium so Other � {see instructions) 4 ® Vacant land month day year Condition of conveyance (check all that apply) k. _Contract assignment a. Conveyancrl of leo interest Conveyance which consists of a mere eywic oI n controlling lnfr�esl (state chango of identity or lorm of ownership or L _Option assign mont or surrender b.' --Acquisitionate „/o) organization (alinch rortn T'P-jrN.1,Schodulc r) m. _Leas hold assignment or surrender percnnfatfo acquirocf ____ � n. -Leasehold grant g• _Conveyance for which credit for tax o -Conveyance of an easement c, -Transfer of a controlling interest(state %) previously paid will be claimed p _Conveyance for which exemption from percentage transferred (attach Form TP-584.t,Schedule G) transfer tax is claimed(complete Schedule d. -Conveyance to cooperative housing h _Conveyance of cooperative apartment(s) part Ill) corporation i _Syndication Conveyance of properly partly within and Q� 8. _.Conveyance pursuant to or in lion of tas te T__ 1 lorecfosure or enforcement of security i. -Conveyance of air rights or development r X O her(dots without state Drains e --• interest(attach Form TP-584.1,Schedule E) rights Schedule R -- Real Estate Trans#er Tax Return Article 31 of the Tax Law Part F - Computation of Tax Due 1 0 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption f. MEX mption claimed 2 0 claimed box, enter consrderSBenand nstructio proceed property rs taken subject to mortgage or lien).••••••• 3 0 2'Continuing lien deduction ( ... ..................................... 4 0 3 Taxable consideration (subtract tine 2 from line 1).........•.•••. ••..•.. 5 0 4 Tax:$2 for each $500, or fractional part thereof, of consideration on line 3 . 0 5 Amount of credit claimed (see instructions and attach Farm 7P 584.i, Schedule G)..............:": fi 6 Total tax due' (subtract fine 5 from rine 4)....... tation of Additional Tax Due on the Conveyance of Residential Real Property far $1 Million or More Part li-- f;,ornpu ............ 1 2 1 Enter amount of consideration for conveyance (from Part I, line 1 3 2 Taxable consideration {multiply line 1 by the percentage of the premises which is residential!real property;see instructions. . ' lace in New York 3 Total additional transfer tax due (1%of line 2) ..•.•••••'' made "Please make check(s) payable to the county rhos where the recording no recood ig !s!required,ed,tsend this rreturn tand your check(s) to the NYC Depa f'O Box 5045, Albany N` City, matte check(s) payable payable to the Department of Taxatforl and t�iriance,-difeetly l`o the N•�'S Tax�Department; TI-I-B-Transfer ax,�ransaclinn number 12205-5045, nate received For recording officer's use mount part 17 Part 1 $ TP-584 (10196) (back) Schedule B -- continued part til —Explanation of Exemption C1almed in part i, lined (check,any boxes that apply) The conveyance of real.property is exempt from the real estate transfer tax for the followingerk or any of.their instrumentalities, public corporation,America, a public corporation created pursuant to agreement or ❑ a. Conveyance is to the United Nations, the United States of America,the state.o agencies or political subdivisions Canada y ................................. b ❑ compact with another state ctr ) b. Conveyance is to secure a def t or other obligation.... •••''•''' supe or modify lenient a prior conveyance................ c El c 'Conveyance is without additional consideration to confirm; correct, is without consideration and not in connection with a sale, including conveyances conveying d ❑ d. Conveyance of real property ..... not.................................................... ❑ realty as bona fide gifts ....................... .......... e e. Conveyance is given in connection with a tax sale...........•••••••••••.••••'• on whet is a mere change of identity or form of conveshipyance a to a cooperative ative hous ng corporation of real property f ❑ f. Conveyance ownership. (This exemption cannot be claimed for a conve comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1, Schedule F.......•••••• g ❑ g. Conveyance consists of deed of partition:....:................. ..........,......................, In ❑ h. Conveyance is given pursuant to.the federal bankruptcy act.................. without the use or occupancy of such property or I Cl I. Conveyance consists of the execution of a contract to self real property ••_, the granting of an option to purchase real property without the use or occupancy of such property ••�'�• where the Conveyance of an option or contract to purchase real property with the use or occupancy of such property j property was used solely by the grantor as the grantor's personal residence consideration is less than $200,000 and such p p tY transfer of a proprietary leasehold covering an individual residential l ❑ and consists of a 1-, 2-, or 3-family house, an individul residential condominium unit, or the sale of stock.in a cooperative k housing corporation in connection with the grant or ..•.,••, cooperative apartment...........• ••••••••.•'..•"•• ••• f the Tax Law (attach documents ❑ 401 k. Conveyance is not a conveyance within the meaning of section 1...... of Article .. 0 supporting such claim)..... ........................... i maxi 3e..easanent-.to..` Qwn..... I. Other (attach explanation)..••- ArfiC-- i i Of the Tax.LawL --------- -- --- Schedule C -- Credit Line Mortgage Certificate�A—rt terest being transferred is a fee simple interest. Complete the following only If the In I (we) certify that: (check the appropriate box) 1 ® The real property being sold or transferred is not subject to an outstanding credit line mortgea�owever, an exemption from the tax 2 El The real property being sold or transferred is subject to an outstanding credit line mortgag - is claimed for the following reason: .ns who held a fee t to a n or The transfer of real property is a transfer of a.fee simple interesotherwise)ammedQat 1y.before the transfermple interest in the real property (whether as a joint tenant, a tenant in common or age or on to he igor The transfer of real property is (A)to a person or persons related by food or more of the beneficial al�interestl inlsuch real r to one or more of the original obligors or (B) to a person or related y ert after the transfer is held by.the transferor or sue bfit o f he transferor). ns (as in the case of a transfer to a trustee. property for the benefit of a minor.ar the transfer to a trust for t The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court: ❑ e is $3,400,000 or more and the real property being sold The maximum principal amount secured by the credit line mortgage , ill it be improved by a one-to six-family owner-occupied residence or dwelling. or transferredis not principally improved nor w as e credit line mortgages may be aggregated under certain Please note:for purposes of determining whethe�0e maximum principal amount secured is $3,000,000 or more described above, the amounts 6)secured r mo two information regarding these aggregation requirements. circumstances. See TSB M-96(6)- ❑ Other (attach detailed explanation). e However, no tax is due for the g [� eing transferred is presently subject ect to an outstanding credit line mo The real property brtgag following reason: is being offered at the time of recording the deed. ❑ A certificate of discharge of the credit line mortgageee or his agent for the balance due, and a [] A check has been drawn payable for transmission to the credit line mortgagee satisfaction of such mortgage will be recorded as soon as it is available. e recorded in 4 ❑ The real property a The maximum principal amount of debt or obligation secures being transferred is subject to an out credit line mortgage (insert liber and page or reel or other identification o th a empty from tax is claimed and the tax of by the mortgage is Make check payable to county clerk where deed will be recorded or, being paid herewith. ( if the recording is to take place in New Department of Finance.) ;.1 york City, make check payable to the NYC Dep .4 Si nature both the rantor s and rantee s must si n . that the abov return, including any certification, schedule or attachment,�is to the best of his/her knowledge, true j The undersigned certify t TOWN OF W P _ - - et � rriedUnerfgfe"t ?It y and comou checked e, g ren equired,send rr eck sordfng w11t take ,qQ1) ;7TTa Transfer Tax,Po Yoach ( ),made 5045,Albany IVY 12205-5095. Payable fo Box I I V1uv/ Recording Office Time Stamp New York Stale Department of Taxalion and Finance Combined Real Estate Transfer Tax Return and Credit. Line Mortgage Certificate See instructions (TP-5841)before completing this form. Please print or type. Schedule A —• information Relating to Conveyance Grantor Name (it individual;last,first,middle initial) Social Security Number ❑ Individual PLAZA BUILDING CORP.- I9 Corporation Mailing address Social Security Number ❑ Partnership 12 Plaza Road City State ZIP code Federal employer ident.number ❑ Other Wamingau Fa 11 s 12590 —22 12915­191--- Grantee Name pt individual;last,first,middle initiat) Social Security Number ❑ individual J9 Corporation Mailing address Social Security Number ❑ Partnership City Stale Zli'code Federal employer idenL number ❑ other Wa in ers Falls New York 122 Location and description of property conveyed _ Tax Ina desi nation Address CityNlllage Town County Section Block Lot el Heights f/k/a Albert Lane Wappinger Dutchess Type of properly conveyed (check applicable box) 1 ❑ 1 - 3 family house 5 ❑ Commercial/Industrial 2 F1 Residential cooperative 6 ❑ Apartment building Date of conveyance Percentage of real property 3 ❑ Residential condominium 7 ❑ Office building C, conveyed which is residential 4 (1 Vacant land a ❑ Other / 98 real property_ 100 % morin day yea, (see instructions) Condition of conveyance (check all that appiy) a. X Convoyance of foe 41101651 f, Conveyance which consists of a more k. —Contract assignment b. -Acquisition of 1 control4ing 11laresl (stale chtingo of Idonlily or form of own0rshlp nr 1. _()45I1on rissignment or suirondor porconlage acquirnd %) organization(nllach Form W-584.1,Schodulo F) in. —Loasehold assignment or surrondor -Conveyance for which credit for tax n. --Leasehold grant c. —Transfer of a controllinginterest (stale g• y o. —Conveyance of an easement percentage transferred %) previously paid will be claimed (attach Form TP-584.r,Schedule G) p• --Conveyance for which exemption from d. —Conveyance to cooperative housing transfer tax is claimed(complete Schedule B, corporation h. -Conveyance of cooperative apartment(s) Part 111) e. - Conveyance pursuant to or In lieu of i• —Syndicntion q, —Conveyance of property partly within and foreclosure or enforcement of security J. —Conveyance of air rights or development partly wllhoul IliA state Interest (attach Form TP-584.1,Schedule E) rights r. X—Oth.K(describe) C:QSJ.vwarice of Road Schedule B — Real Estate Transfer Tax Return Article 31 of the Tax Law) WaPP3nqe1-- Part I— Computation of Tax Due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption 1 clainied box, enter consideration and proceed to Part 111)....................••••••••••••• DEXemption Claimed 2'Continuing lien deduction (see Instructions if property is taken subject to mortgage or lien)............................. 2 3 Taxable consideration (subtract line 2 from line 1)....................................................•........•..• 3 0 4 Tax:$2 for each $500, or fractional part Ihereol, of consideration on line 3 ..••••••••••••••••••• 4 0 5 Amount of credit claimed (see Instructions and atfach Form TP-584.1,Schedule G)...............................•••• _5 0 6 Total tax due' {subtract line 5 from line 4)...............................I................,......................... 6 0 Part II-- Computation of Additional Tax Due on the Conveyance of Residential Real Properly for$1 Million or More 1 0 1 Enter amount of consideration for conveyance (from Part I, line 1) ..................................•..•....-••• 2 0 2 Taxable consideration (multiply line i by the percentage of the premises which is residential real property see instructions)...... 3 Total additional transfer lax due` (i% of line 2) ...................... ••••''•••••••••'' 3 'Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. 11 no recording is required, send this return and your check(s) made payable to the Department of Taxation and f=inance, directly to the NYS Tax Department,TTTB-Transfer Tax, PO Box 5045, Albany NY 12205-5045. For recording officer's use Amount Date received Transaction number received part I s Pari 1 $ TP-584 (10196) (back) Schedule B ,-(contin+ued) Part IIE— Explanation of Exemption Claimed in Part I, line 1 (check-any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state.of New York or any of their Instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state qr Canada)...................................................................................... a ❑ b. Conveyance is.to secure a do t or other obligation.................. ..............................._.................... b ❑ c Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance................ c ❑ d. Conveyance:of real property is without consideration and not in connection with a sale, including conveyances conveying realtyas bona fide gifts ............. .....................................................................................d ❑ e. Conveyance is given in connection with a tax sale........................................................................... e ❑ f. 'Conveyance is a mere change of identity or form of ownership or organization where there Is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form.TP-584.1, Schedule F....................................... f ❑ g. Conveyance consists of deed of partition:...................................................................................g ❑ h. Conveyance is given pursuant to the federal bankruptcy act......................................... ................... h ❑ 1. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property.......................... i ❑ ). Conveyance of an optlon or contract to purchase real property with the use or occupancy of such property where the consideration,is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1-, 2-, or 3-family house, an individual residential condominium unit, or the sale-of stock.in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment...........4................... ............................... . ....................................J ❑ k. Conveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents supportingsuch claim)......................................................... ............................................... k ❑ I. Other (attach explanation)..."QQl1VeyinCle. ........ i Schedule C --- Credit Line Mor!gage Cerflficate Article 11 of the Tax Lawes_ Complete tho following only If the interest being transferred Is a fee simple Interest. I (we) certify that: (cheek the appropriate box) 1 Ef The real property being sold or transferred Is not subject to an outstanding credit line mortgage. 2 ❑ The-'real property being sold or transferred is subject to an outstanding credit line mortgage. However, an o.xemption from the tax is claimed for the following reason: ❑ The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tsnant in common or otherwise) immediately before the transfer. The transfer of rest property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or moro of the original obligors or (D) to a person or onilty whore 501%or more of the bonoflclal interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferor). ❑ The transfer of real properly is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer.of a court: ❑ The maximum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be Improved by a one-to.six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more.as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. ❑ Other (attach detailed explanation). 3 ❑ The real property being transferred Is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: ❑ A certificate of discharge of the credit line mortgage Is being offered at the time of recording the deed. ❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4 ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the rocordirg:'s to take place in Naw York City, makra chock payable to the NYC Department of Finance.) Signature (both the grantors) and grantee(s) must sigh. The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, true and complete. pP ( 'R PLAZA BUILDING CORP. Gr n'o' Title Grantee Title by al:, P e ident b i1 complete all of the required Information In Schedules A and B7 Were you required to complete Schedule C7 It you checked e, '1,did you complete TP-584.17 Have you attached your check(s)made payable to the county clerk where recording will take irding is In New York City,to the NYC Department of Finance?if no recording is required,send your check(s),made payable to Taxation and Finance,directly to the NYS Tax Department,TfTB-Transfer Tax,PO Bax 5045,Albany NY 12205-5045. ' VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS; KENNETH M.STENGER DALE O'DONNELL ALBERRT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN NLkU POUGHKEEPSIE,NY 12601 THOMAS R.DAVIS (914)452-1046 CHRIS MULARADELIS *ADMITTED TO PRACCfCE ADDRESS REPLY TO:{ )POUGIUMEPSIE IN NY&FLA. ( )WAPPINGERS ■*ADMIT T'f6D TO PRACTICE IN NY&CONN. October 29, 1997 C r.": V Hon. Elaine Snowden, Town Clerk Town of Wappinger 0e f 3 20 Middlebush Road E�41 rT Post Office Box 324 NE stv Wappingers Falls, New York 12590 ToyyH � K EN y Re: Carmel Heights Subdivision (Zvi Segal) Our File No: 12949.0143 Dear Elaine: In connection with the above referenced subdivision, enclosed herewith please find: 1. Original Irrevocable Offer of Cession dated September 12, 1997 and filed in the Dutchess County Clerk's Office on September 26, 1997 at Liber 1999 Page 628; 2. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Klassen Builders, Inc., recorded at Liber 1999 Page 629; 3. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Jonathan Silver, recorded at Liber 1999 Page 630; 4. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Orli Entingin Silver, recorded at Liber 1999 Page 631; 5. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Neil Davidowitz, recorded at Liber 1999 Page 633; IMOn. Elaine Snowden, Town Clerk October 29, 1997 Page 2 6. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Zvi Segal,-recorded at Liber 1999 Page 634; and 7. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Z&M Development Corp., recorded at Liber 1999 Page 635.. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT BERT P. ROBERTS APR/jwm Enclosures PC: Hon. Constance O. Smith, Supervisor (w/o enclosures) Hon. Robert Valdati, Councilman (sent to home address - w/o enclosures) Hon. June Visconti, Councilwoman (sent to home address - w/o enclosures) Hon. Joseph Ruggiero, Councilman (sent to home address - w/o enclosures) Han. Vincent Bettina, Councilman (sent to home address - w/o enclosures) Hon. Graham Foster, Highway Superintendent (w/o enclosures) Donald Close, Zoning Administrator (w/o enclosures) Joseph E. Paggi, Jr., P.E. (w/o enclosures) l C GRANT OF PERMANENT RENT& FOR WATER, SEWER AND STORM SEWER PURPOSES THIS INDENTURE, made the day of August, 1995, between CREATIVE BUILDING CONCEPTS, INC., a domestic corporation with an office at One Vandidoort Drive Wappingers Falls, New York 12590 (hereinafter referred to as "Grantor") -and- TOWN BOARD OF THE TOWN OF WAPPINGER with offices at Town Hall, 20 .N iddlebush Road Wappingers Falls, New York 12590 (herein referred to as the "Grantee") WITNESSETH : In consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States, actual consideration., and in the further consideration of the promises set forth below, the GRANTOR hereby grants and releases unto the GRANTEE a PERMANENT EASEMENT AND RIGHT-OF-WAY for the following uses and purposes upon the following terms and conditions: 1, GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. The Grantor grants unto the Grantee a PERMANENT EASEMENT and RIGHT-OF-WAY in, on, under and through that portion of the Grantor's parcel hereinafter described and called the PERMANENT EASEMENT AREA, for the purposes of operating, maintaining, repairing, reconstructing, replacing and inspecting, pipes, conduits and related appurtenances for the transportation and disposal of surface, storm or ground water, and/or sewage, and/or potable water through the RESOLUTION NO. 2003-252 RESOLUTION ACCEPTING ROADS, EASEMENTS, UTILITIES AND OTHER IMPROVEMENTS TOGETHER WITH ACCEPTING A PERFORMANCE AGREEMENT AND MAINTENANCE AGREEMENT SECURED BY LETTERS OF CREDIT IN CONNECTION WITH THE CARMEL HEIGHTS 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 the 27"' day of October, 2003, 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 Councilmen - Robert L. Valdati Vincent F. Bettina q*Rx Christopher J. Colsey ABSENT: Joseph Paoloni The following Resolution was introduced by Mr• Bettina and seconded by Mr. Valdati "WHEREAS, Z&M Development Corp. has previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision map entitled"Carmel Heights Subdivision" prepared by Richard Barger, P.E. dated September 24, 1982, and as may have been revised from time to time thereafter; and WHEREAS,the Town of Wappinger Planning Board granted final conditional subdivision approval, by Resolution dated March 21, 1983 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 C:!Documents and settings\vincentlocal Settings\Temporary Internet Flles\oi.K1 B\zm-Carmel Heights.doc related Contract drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town, and WHEREAS, Town Law §277 requires a developer of a subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval, prior to issuance of any building permits- and WHEREAS,Z&M Development Corp. has completed all of the improvements required by the Resolution of Subdivision Approval, except for the installation of a detention pond as per plans prepared by Taconic Design Consultants dated November 26, 2001 and November 28, 2001, copies of which are on file in the Building Department of the Town of Wappinger; and WHEREAS,Z&M Development Corp. is unable to complete the installation of the aforementioned detention pond at the present time because weather conditions will not permit such completion; and WHEREAS, Z&M Development Corp. has agreed to complete the detention pond by July 2004 and to secure its obligation to guarantee the installation of the detention pond, Z&M Development Corp. has executed a Performance Agreement secured by a Letter of Credit issued by the Bank of New York in the sum of Thirty Five Thousand Dollars ($35,000.00) and personally guaranteed by Zvi Segal in favor of the Town of Wappinger; and WHEREAS,the Town Board has determined it is in the best interest of the residents of the Town of Wappinger, particularly the residents of the Carmel Heights Subdivision, to accept the roads, easements, utilities and other improvements that have been constructed to date, and WHEREAS,pursuant to Subdivision Regulations of the Town of Wappinger, Z&M Development Corp. is required to guarantee that the quality and workmanship of the OMocuments and SettingsWineenMocal SeftingslTemporary Internet Files 1pLK1 B\zm-carrnel Heights.doc improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee the quality and workmanship of the improvements, Z&M Development Corp. has executed a Maintenance Agreement secured by a Letter of Credit issued by the Bank of New York in the sum of One Hundred and Thirty Seven Thousand, Two Hundred and Eight Dollars ($137,208.00) in favor of the Town of Wappinger, which is twenty percent of the original Performance Bond. NOW, THEREFORE, BE IT RESOLVED, as follows- 1. ollows: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 Carmel Heights Subdivision, to accept the roads, easements, utilities and other related improvements made and constructed in connection with said Subdivision, with the exception of the detention pond which is to be constructed prior to July 2004. 3. The Town Supervisor, Joseph Ruggiero, the Town Clerk, Gloria Morse,the Engineer to the Town, Joseph E. Paggi, Jr., and the Attorney to the Town, Albert P.Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any other related documents previously offered for dedication to the Town and held by the Town Clerk, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary to effectuate such recording and/or filing. 4. The Performance Agreement executed on October 8, 2003 by Z&M Development Corp., and personally guaranteed by Zvi Segal, with an address at 12 Plaza Road, Town of C_lDocuments and SettingsWincent\Local SettingsiTemporary Internet Files\OLK1B1ZIVl-Carme[Heights.doo Wappinger, Dutchess County, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty of completion of the construction, installation of the detention pond above described. 5. The Letter of Credit issued by the Bank of New York, bearing number S00048666 and issued in favor of the Town of Wappinger in the sum of Thirty Five Thousand Dollars ($3 5,000.00) securing the obligations set forth in the Performance Agreement, is hereby accepted as security for the Performance Agreement. 6. The Maintenance Agreement executed on October 8, 2003 by Z&M Development Corp. with an address at 12 Plaza Road, Town of Wappinger, Dutchess County, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty that the quality and workmanship of the improvements will be free from defects in materials and workmanship for a period of one(1)year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 7. The Letter of Credit issued by the Bank of New York bearing number 50004665 and issued in favor of the Town of Wappinger in the sum of One Hundred and Thirty Seven Thousand, Two Hundred and Eight Dollars ($137,208.00) securing the obligations set forth in the Maintenance Agreement; is hereby accepted as security for the Maintenance Agreement. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting gXF-. ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Absent CHRISTOPHER J. COLSEY, Councilman Voting _ C:Documents and settings\VinceMLocal 5ettingslTemporary Internet fileskOLK1 B\ZM-Carmel Heights_doc Dated: Wappingers Falls,New York October 27, 2003 The Resolution is hereby duly declared adopted. j. GLORIA 7. MORSE, C:1Documents and SettingslVincentlLocal Settings\Temporary Internet FilesXOLK1 B1ZM-Carmel Heights.doc TOWN OF WAPPINGER r" TOWN CLERK • SUPERVISOR GLORIA J. MORSE r JOSEPH RUGGIERO �f TOWN COUNCIL VINCENT BETTINA w CHRISTOPHER J. COLSEY __._._.....r' JOSEPH P. PAOLONI TOWN CLERK'S OFFICE ROBERT L. VALDATI 2.0 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)29'7-5771 November 7, 2003 Transportation Department Remsen ,Avenue Wappingers Falls, NY 12590 To Whom It May Concern: This :letter will serve to notify you that the Town Board of the Town of Wappinger at their Meeting of October 27, 2003 has formally accepted, Carmel Heights Road as a Town Road, and the Town will be maintaining it as such. Yours truly, 1loria J. M se Town Cle GJMIfh. TOWN OF WAPPINGER TOWN CLERK • SUPERVISOR GLORIA J. MORSE `� JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI TOWN CLERKS OFFICE ROBERT L.VALCIATI 20 MIDDLEBUSH ROA® WAPPINGERS FALLS, NY 12590-0324 (845)297-5771 November 7, 20103 Wappingers Falls Pest Office Remsen Avenue Wappingers :balls, NY 12590 Attention Postmaster This letter will serve to notify you that the Town Board of the Town of Wappinger at their Meeting of October 27, 2003 has formally accepted, Carmel Heights Road as a Town Road, and the Town will be maintaining it as such. Whatever your policy regarding the delivery of mail to homes on this street is, if the acceptance of the road by the Town is the criteria, mail delivery maybe effectuated now. Fours traly, 91onaMol Town Clerk GJM/fh �><n"!�rniGiny r�":mwvwoir� ar+ s THIS INDENTURE,made I day of September, 1998. BETWEEN PLAZA BUILDING CORP. , a New York corporation with its principal place of business located at 12 Plaza Road, Wappingers Falls,New York, 12590, party of the first part, and TOWN OF WAPPINGER,20 Middlebush Road,Wappingers Falls,New York,12590,parry ofthe second part, WITNESSETH,that the party of the first part, in consideration of other good and valuable consideration,paid by the party of the second part does hereby remise,release and quitclaim, unto the parry of the second part, the heirs, or successors and assigns of the parry of the second part, forever, ALL of my right,title and interest in and to any portion of the following described property of which I may have an interest. ALL that parcel of land situated in the Town of Wappinger, County of Dutchess, State of New York designated as "ALBERT LANE" as shown on a map entitled, "SUBDIVISION PLAT OF CARMEL HEIGHTS, TOWN OF WAPPINGER, DUTCHESS COUNTY,NEW YORK", dated September 24,1982,prepared by Richard G.Barger,P.E. &L.L.S. and filed in the Dutchess County Clerks Office as filed map#6611, said parcel is more particularly described as follows: BEGINNING at a steel pin found set at the westerly end of a curve connecting the southerly lime of Carmel Heights (Ma Albert Lane)with the westerly line of Sherwood Heights, (said steel pin is in the front of Lot#31 as shown on said filed map), thence westerly, northerly & easterly along the southerly, westerly & northerly line of Carmel Heights (fWa Albert Lane)the following courses &distances: SOUTH 58-00-00 WEST 70.71 feet, on a curve to the right having a radius of 300.00 feet an arc distance of 106.42 feet, SOUTH 78-19-30 WEST 351.41 feet, on a curve to the right having a radius of 180.00 feet an are distance of 308.86 feet, NORTH 03-21-40 WEST 150.46 feet, on a curve to the right having a radius of 175.00 feet an are distance of 250.25 feet, NORTH 78-34-20 EAST 237.08 feet, on a curve to the left having a radius of 150.00 feet an arc distance of 85.11 feet, NORTH 46-04-50 EAST 99.96 feet, on a curve to the right having a radius of 200.00 feet an are distance of 160.06 feet, SOUTH 88-03-50 EAST 25.98 feet and on a curve to the left, connecting the northerly line of Carmel Heights (fVa Albert Lane)with the westerly line of Sherwood Height, having a radius of 25.00 feet an are distance of 39.27 feet to a concrete monument found set on the westerly line of Sherwood Heights in front of lot#45 as shown on said filed map, thence southerly along the westerly line of Sherwood Heights SOUTH 01-56-10 WEST 100.00 feet to a point at the southerly end of a curve connecting the westerly line of Sherwood Heights with the southerly line of Carmel Heights (fWa Albert Lane), thence westerly,southerly&easterly along the southerly,easterly&northerly line of Carmel Heights (f/k/a Albert Lane)the following courses and distances: on a curve to the left having a radius of 25.00 feet an arc distance of 39.27 feet, SOUTH 88-03-50 WEST 25.98 feet, on a curve to the left having a radius of 150.00 feet an are distance of 120.00 feet, SOUTH 46-04-50 WEST 99.96 feet, on a curve to the right having a radius of 200.00 feet an arc distance of 113.4 8 reet, SOUTH 78-34-20 WEST 237.08 feet, on a curve to the left having a radius of.125.00 feet an are distance of 178.75 feet, SOUTH 03-21-40 EAST 150.46 feet, on a curve to the left having a radius of 130.00 feet an arc distance of 223.07 feet, NORTH 78-19-30 EAST 351.41 feet, on a curve to the left having a radius of 250.00 feet an arc distance of 88.69 feet and NORTH 58-00-00 EAST 74.71 feet to a concrete monument found set at the westerly end of a curve connecting the northerly line of Carmel Heights (f/k/a Albert Lane) with the westerly line of Sherwood Heights, said point is in the front to lot#46 as shown on said filed map, thence southeasterly crossing Carmel Heights (f/k/a Albert Lane) SOUTH 28-33-31 EAST 50.09 FEET to the point or place of beginning. TOGETHER with the appurtenances and all estate and rights of the party of the first part in and to said premises. TO HAVE AN TO HOLD the premises herein granted unto the part of the second part,the heirs or successors and assigns forever. The word"parry"shall be construed as if it read"parties"whenever the sense of this indenture so requires. This deed is subject to the trust provisions of Section 13 of the Lien Law. IN WITNESS WHEREOF,the parry of the first part had duly executed this Deed the day and year first above written. IN PRESENCE OF PLAZ G RP. OtBy: ZVI SEGAL, resid t G1uati�tled in z Seg. .d: 2 �±l lost FteO COUNT �'G�t to me known and known to me tobe individual(s)described in and who executed the foregoing e. instrufftefft,—wkl-ae��ed*hot NO Y PUBLIC =' ~ A" dew Yoe�c .� tb CounW pu8ltita���� Sao-!�®.41. a SW- STATE OF NEW YORK COUNTY OF DUTCHESS: On the 161 day of September, 1998, before me personally came Zvi Segal to me known, who being by me duly sworn, did depose and say that he resides at No. 12 Plaza Road,Wappingers Falls,New York,12590,that he is the President of PLAZA BUILDING CORP.the corporation described in and which executed the foregoing instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the board of directors of said corporation,and that he signed his name thereto by like order. NOTARY PUBLIC CANDICE A.HYU Notary Public,State&1 N'9u'y k QuaUfted in Dutchess county Reg. NO.01 RY5034 43 C{� Commission Exp ev Sept. BRIDGE crrY ABSTRACT, LTD. 75 WASHINGTON STREET POUGHKEEPSIE, NY 12601 (914) 454-8710 (914) 473-3744 FAX (914) 473-3807 FAX (914) 454-1909 September 17, 1998 Wolfson, Greller, Reisman & Egitto, Esqs . 11 Market Street Poughkeepsie, New York 12601 A t t-2 t---: --n: Carol Wolfson, Esa. RE : COM-7750 Town of Wappinger Dear Mr. Wolfson Enclosed please find: TAX SEARCH MUNICIPAL DEPARTMENT SEARCH X SCHEDULE "All AMENDED SCHEDULE 111311 AMENDED SCHEDULE "C" ENDORSEMENT OTHER Please a'.-tach tc) your Title Report/Policy and make it a part thereof . V�y Truly Yours, 17 Carol S . Otter Enc CSO : sd CC : Albert Roberts, Esq. REPRESENTING COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE WSURANCE SINCE 1876 COM-7750 AMENDED SCHEDULE "A" ALL that Parcel of Iand situated in the s; -,,n rtf Wacpinper, rutchess Count°l, New York,`sknov-n as `ALBERT LANE' as shown on a map entitles-"SUBDIVISION'PLAT OF CARMEL HEIGHTS, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK', dated September 24, 1932, prepared by Richard Cr, Barger, P.E.-& L.L.S. and filed in the Dutchess County Clerks Office as filed map ##6611, said parcel is more particularly de_zribed as follows: BEGINNING at a steel pin found set_ at the westerly end of a. curve connecting the southerly line of Albert Lane with the westerly line of Sherwood Heights, (said steel pin is in the front of Lot #31 as shown on said filed map), q thence westerly, northerly & easterly along the southerly, westerly northerly line of Albert Lane the following courses & distances: SOUTH 5� -00-00 WEST 70.71 feet, `'on a curve to the right having a radius of 300.00 feet an arc distance of 106.42 feet, SOUTH 781-19-30 WEST 35i.4i .feet, on a curve to the right having a radius of 130.00 feet an arc distance of 30n.86 feet, NORTH 09-21-410 WEST 150,46 feet, on a curve to the right having a radius of 175.00 feet an arc distince of -250.25 feet, NORTH 73-34-20 EAST 237.01 feet, on a curve to the left having a radius of 150.00 feet an arc distance of ,_5.11 feet, NORTH 46-04-50 EAST 99.9'6 feett on a curve to the right having a radius of 200.00: feet an -arc distance of i60.06 feet, SOUTH 3,3-03-510 EAST 25,98, feet and on a curve to the left, connecting the northerly line of Albert Lane with the westerly line of Sherwood Height, having a radius of 25.,1) feet an a3 c distance of '39.27 feet to a concrete monument found set on the westerly line of Sherwood Heights in front of lot #45 as shown an said Tiled map, thence =southerly along the westerly line of Sherwood Heights 5OUTH Oi-56-10 WEST 100.00 feet to a point at the southerly end of a curve connecting the westerlt line of Sherwood Heights with the southerly, line of Albert Lane, thence westerly, southerly &. easterly along the southerly, easterly & northerly line of Albert Lane the following courses & distances: on a curve to the left having a radius of 25.00 feet an arc distance of 39.27 feet, SC)UTH 8-03757 WEST 25.98 feet, on a curve to the left ha%AnQ a radius of i50.00 feet an arc distance of 12000 feet, SOUTH 46-04-50 ;NEST 99,96 feet, on a curve to the right having a radius of 2700.00 feet an arc distance of 113,46 feet, SOUTH7?-34-30 WEST 337.03 feet, cin a curve to the left having a radius of 125.=00 feet an arc distance cf i S,75 feet, SOUTH 03-21-40 EAST 154.46 feet,- on a curve to the left-having a radius of 130.00 feet an arc distance of 223,177 feet, NORTH 78-17-30 EAST 351,41 feet, an a curve to the left having a radius of 250.00 feet an arc distance of ,"_.3,64 feet and NORTH 5?-00-00 EAST 74.71 feet to a concrete monument found set at the westerly, end of a curve connecting the northerly line of Albert Lane with the ,westerly line.ot Sherwood Heights, said Quint_ is in the,front of lot #46 as shown on said fiIsd map, thence southeastely crossim Albert Lane SOUTH 28-33-31 EAST 50,49 feet to the point or place of beginning. TOGETHER with Easements for drainage as follOws: DRAINAGE EASEMENT This Agreement made thiao day of July 1998,DOREEN DAVIDOWITZ,presently of Avon Road, Larchmont, New York, (hereinafter called the "Grantor") and TOWN OF 5 WAPPINGER, a municipal corporaliot� with its principal place arbusincss [c�catcd at Midcllcl�ttsli j T i Road, Wappingers Falls,New York(hereinafter called the "Grantee WITNESSETH : That the party of the first part, in consideration of$1.00 actual lawful money of the United States, ;and l oth6r good and valuable consideration, the receipt of which is hereby acknovvledged-'I,does conliivey twit athe Crrantee, its .heirs;,. successors and assigns, a permanent easement in, upon; over;and,under and through certain premises of the Grantor, being generally described as Grid#19-6258,-04-719224-00,Lot#3 9;Carmel Heights,Town of Wappinger,Dutchess V County,New York, and more specifically.described by metes and bounds on Schedule "A" which i is annexed hereto aiid made a part hereof. � ,,1 � IIS I -�i I,; -, i ti zThe easement granted herein.is' for the purposes of construction, operation and maintenance of sub surface stortn drainage collection systems,detention pond and outlet structuress I � f which have been or will be constructed upon the demised.premises,.as well as for the purposes of allowing access'by ingress and egress over the demised premises to reach these systems. IThe Grantor, its successors or assigns is hereby prohibited'from constructing and/or +4. �#i ° Ik maintaining anyfype of permanent structure including on, under or over the Permanent Easement permission of Grantee. The Grantor is also prohibited from erecting fences, Area without written ermis x I t p. , ��" r Ma�a-soN cRELtr= structures and planting any trees, shrubs, bushes, etc., that would otherwise interfere with the REI5MAN �c EGItTO CoUr7sc!LORE AT 4AW Girantee's'right to use the Permanent Easement Area as herein stated.. I »yMA R'1C ET STRf - OU'4NKEEP9IE waw YOFtI( - - This easement shall be binding upon, and inure to the benefit of, the parties hereto ! F I f l'sa 22D0 V' and their respective heirs, successors acid assigns forever. :, SCHEDULE"A" UTdra r IIUTI That (certain lot of land, situated, lying & being in the Town of Wappingers, Dutchess ` County,New'York, said easement is bounded and described as follows: `a Beginning at the intersection of the (northwesterly corner of lot #39 & the southwesterly cornerEof Loth#4 df Cat7nel Hei' hts subdivision 'a`nd the 'easteri . side of All Angels W C 1 g F Y Hill Road, fi _ ,. thence soutlieasterl `al y ong the division line between Lot#39&Lot#40 as shown oti said filed map South ;2"49-00 East20.55 feet to 4 point on the westerly side of Carmel Heights{flk/a''Albert ` r Lane),thence southwesterl alon :the westerly line of Carmel Hei hts, f/k/a Albert Lane ori a curve } Y. g Y g f ) J. F to the left haying a radius of 175 00 feet an arc distance of 25.31 feet and a chord bearing 'f South 17'9 28-30 41 Nest to a point„then ce.northwesterly & southwesterly through Lot #39 the foIIowing courses&dlstceS fNolA5249-00 West 193.55 feet&South 36-32-25 West 150.01 feet to a point -1, �� M F �',r}�� I-1,” L 1 I _ i Ik r ! a i j ,on the divJI: between Lots#38 &43 9.on said filed map;thence northwesterly along the division 4 hne between Lots#3$ & ; 39 North 15-31-20 West 104.3 9'feet to a point on the easterly Iine of All 11 UjT igels Hill RIbad,thence not theasterly Tong the easterly line of All Angels Hill Road North 42-13- #,` ;"I< `401 East.€68 02.1 6t?arid North 36-20.20 East; 147.57 feet to the point or place of beginning. r ;.. Contaituiig 0 52 acres of land more or les"s 7 F F!-Ii,, r1 Z i I Y rC I l YOL.-SOfJ GRELUkR �E15MAj $ EGIZTO ~r I t k " ; I:. i TTORNEY3-Ajib 73 ,' 'OR�AT Ql16}lKEE g °FZEW YORIi:.i - - =f rd,Y #` ods.,t DRAINAGE EASEMENT t This Agreement made this.20 day of July 1998, PLAZA BUILDING CORP., with itsrind al place of Business located at 12 Plaza Road Wa in er Falls New York 1259fl P P � pP� g � ,, (hereinafter called the''Grantor")and THE TO";OF WAPPINGER,a municipal corporation:with its principal place o#`business located at Middlebush Road,Wappingers Falls,New York(hereinafter called the "Grantee WITNESSETH : That the party of the first part, in consideration of$1.00 actual lawful money of the { United States, atidlother good and valuable consideration; the receipt of which is hereby € I acknowledged, does convey unto the Gi antee, its heirs, successors and assigns, a permanent easement in, upon, over and under and through certain premises of the Grantor, being generally ' + described as Grid 19-62504 715209 0 ;Lot#3.8 Catrriel Heigh s,Town of Wappinger,Dutchess ! rJ. I,ra It It a7 I F County,New Yorlt, and.more specifically described by metes and bounds on Schedule "A" which G' E n is annexed hereto_anrd made a part hereof. I °i The easement granted herein is forthe purposes of construction, operation and ri3aintenance ot'suli surface storm dratnage collection systems detention pond and outlet structures a ,.Y - W have been or will be constructed upon the demised premises, as well as for the purposes of ,� r 1 � _ allowing access by,ingress and"egress over tlredeiriised premises to reach these systems. r _ z I The Grantor,:its successors or assigns is hereby prohibited from constructing ai�dlar maintaining any type of permanent structure including on, under or over the Permanent Easement G {; Area tivithout written permission of Grantee. The Grantor is also prohibited from erecting fences, LFb�OtJ IGRELLEFi fSMAN ��EGtTTO - tE AY 011HEk1�9�Nn; ; structures aild plant:ng:tihy trees, shrubs, bushes, etc., that would otherwise interfere with thc: ❑UN8ELL0RS}.T LAW I t MARKET STREET Grantee's right to,use the Permanent Easement Area as herein stated.. . - 13HKEEF3JE HEW YORK I' �v :.� .' 1 laGot �nt4,46;_22ao This easement shall be binding upon, and inure to the benefit of,the parties hereto and their respective heirs, successorsand assigns forever. k I RAYMOND J. KIHLMIRE L,L..-. P.C. LAND SUK-'E"(OR 485 LYNDON ROAD ' F I`S Hk I LL, NEW YORK ! 1 ..252'4 914 91 1 FAY rim 2 f T:- _ ji I� I 7 f' lu 3 t 1 sr 'fi` x Ix t * # a �Y tiss kl i I:. .i { j f i '•- #4 I;.€ LP 4�� eSc YI t1 - vs�aa rxu ot MAP k� TF J'�{438' ��y Q - V uxb {„I`j 7 j r`''4 IT3 V iu.-I h f ; ' I 1- ' L 1 - tt Fc:,_ S I 1 - t r To'`Vxi off Wappingessl 4. 1�11tC11CSS Cou y l {�p l+ a r 1 [ I � - R•H�V OrIC to �I irY That certain lest of an situate lying and beirig in the Town of Wappingers l�utchess '+ , I Courltys Ncw York,is bouttdcd and desert e V; CI as f0iloiv5: Beglnn>Ing lit the jt tersecton of the no3rthwesterly corner of lo t#38 of the Carmel Heights {�; ' 3�� s>rbdzvls�ort and t} Easterly st e,ofAll Angels Load South.75°31'20":East 104.39'- Thence ) +Sa ,a � alotlg the follow,t ;(2) coruirses' South 36°32'2.5" West 150.00',North 63°04'26"West 31.1.19' � 3 " to o a,pa nt ontthe eastern edge of A11"Angels Road,Thence along Ehe tasterly edge of said road iX L��r, N'or i d 13 d0 East 13�00+ to the paintllxnd Place-o£bcginning. Containing0,33 acres of land �a�'.1 z�-Lf*n 11 :,. is `�.,_r ; I - a 7 ,,✓4-� � m --,-sH, rW, -'I more or less: ` N IVY w I r� r I; Fp vP On - i I w I j q � pp .1. - 'I• . 1 II �f, r 1. 3 j DRAINAGE EASEMENT This Agreement made this)o day of July 1998, ILANA SEGAL, presently of 12 Plaza Road,Wappingers Falls,New York, 12590, (hereinafter called the"Grantor' and TOWN OF WAPPFNGER, a municipal corporation with its principal place of business located at Middlebush Road, Wappingers Falls, New York (hereinafter called the "Grantee"), WITNESSETH : That the party of the first part, in consideration of$1.00 actual lawful money of the Unit ed States,l and other good and valuable consideration, the receipt of which is hereby l `Iacknowledged„does convey un#o the Grantee,'its heirs, successors and assigns, a permanent I I ;easement in, u ori o�er�and`under, .,, upbon,_, , , andthrough certain premises of the Grantor, beinggenerally Y described asGrid#19-6258-04-725241-Q0,UAW,Carmel Heights,Town of Wappingers Dutchess I k`iJllj, :County,New York, and more specifically described by metes and bounds on Schedule "A" which I is annexed hereio and made a part 6reof. ;< The easement,grantedherein is for the purposes of construction, operation and " f maintenance of sub surface storm drainage collection systems,detention pond and outlet structures, w'=1 which have been or will be constructed u on;the demised remises as well as for the purposes of I p p I � , allowing access':by ingress and egress over the demised premises to reach these systems. The Grantor, its successors or assigns is hereby prohibited from constructing and/or maintaining atay type of pertnanent structure including on, under or over the Pcrnnuicnt Easement Area-without written permission of Grantee. The Grantor is also prohibited from erecting fences, woLrsoN:�REc�El� structures and pwlantmg'atay;#tees,;.shrubs, bushes, etc,' that would otherwise interfere with the R>=1SMAN'& EGITTO `k f# sa r f+ ATTORNEYS AND , Grantee s right to use the;permarierit C0Easement Area as hereinherein stated' . OUN*aUL, PP RE AT LA - I I i4iRKET STREET FOUOMKEEPSIE NEW YORK This easement shall be binding upon, and inure to the benefit of, the parties hereto x2601 14]45A•2200and their respective heirs, successots and assigns forever. {i r I. 3 1 'a ,t� - T<' I t SCHMI�UL� 'A" _ I . I 1 That certain lot of land situate,lying and being in the Town of Wappinger,Dutchess County, New York, is bounded and.described as fotlows: tt f r i.! t I: f A Beg3g ,atthe,�mtersection of the southwesterly corner of Lot 940 of Carmel Heights i:I i subdivision aid the easterly side of All Angels Hill Road North 21-58-50 East 25.89 feet along the !P�" lJNv:{ J I ";fesNl'r'Y W%�' yo # t easterly side sat �11 Angels Hill load to a point thence southeasterly through Lot 440 South -3"rtA v* '' .-`t k I ` - . - ' 4'feet to a point on the westerly side of Carmel Heights (f/k/a Albert.Lane), � ��4 W���` ff,� I i�,a w:.��e•a–«-i-.{ yr�id:.+s-4 1 s ._ I,. I ,- � - tFrt� y ,� $ ryi ; 11 thence snuthwes'te ly hong the westerly'line of 6armel Heights(f/k/a Albert Lane)on a curve to the id jP dx�s o£y 75:00 feef an arc distance of 25.02 feet and a chord bearing of South136-45- + 1; "'"�" , .��.1�•.wcl1{�t3',+,.' ' 'Ms. a # , _+ } 03 gest: to a, poii� anc�tthe in1 . tersectiota with Lot #39 as shown ;n said filed i�nap, thence * 1 3 a f I I f'ik `•"'E. V,,,]'1` ''} �r I is { nortiwesterly along to division line between Lots#39 &40 as shown on said filed map NORTH 1 52-49-00,WETk280i feed to �t pent oil the easterly line of All Angels Hill Road and the point or '�c= , Y place of begirinirig Contauung 0.16 acres of land more or less. nl 7. 'yy I n 11 1 I = t 1 1�I.'� I - fw'„' a til ! I t voL�SON GRELLER � :ZOSMAN & EGITTO ATTORfJ EYS 4fJ :t f i MARKET STREET ,r - + - OU 6HKEEP5IE' NEW YO Rk s; ?f N+y1I f F � - .. 44 2. .0 3s'` i�I� 3 r �I � o-}-}Y ! z rte - �• .. j �r� x .I 7 PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX) January 30, 2003 Mr. Svi Segal Z & M Development 12 Plaza Road Wappingers Falls, New York 12590 Reference: Carmel Heights Dear Mr. Segal: As per your telephone request of-today, listed below is the remaining work items that need to be completed prior to the Town considering acceptance of Carmel Heights as a Town Road. 1. Installation of a curtain drain and/or other remedial measures to prevent the indiscriminate leaching of water onto the road surface. It is anticipated that this can be solved by the installation of curtain drains in the necessary locations. However, the intent of the comment is to insure that the water stops bleeding out onto the paved area. If the curtain drains are installed and are not successful, additional measures will need to be taken prior to Town acceptance. 2. Installation of street trees in conformance to subdivision regulations. 3. Backfilling of the curb with necessary topsoiling, seeding and mulching. 4. Sawcutting the existing driveways and repaving to correctly blend in with the newly constructed road. 5. Completion of the holding pond as per the approved drawings, including all necessary grading, piping, slope stabilization, topsoil and seeding, etc. B. Installation of appropriate right-of-way monuments as agreed to. 7. Raising and relocating either of the two hydrants as necessary. S. Installation of fiberglass bowls in the sanitary sewer manholes to prevent inflow. As previously discussed with you, the construction value of the above work is $85,000.00. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,PE.,L.S. Charles R.Del Bene,Jr.,PE. Mr. Svi Segal - 2 - January 30, 2003 RE: Carmel Heights If I can be of further assistance, please do not hesitate to contact this office. Ve truly yours, =— Joseph E. Paggi, Jr. JEP:Iaw cc: Hon. Joseph Ruggiero Town Board: File Hon. Gloria Morse Hon. Graham Foster Albert P. Roberts, Esq. Michael Tremper PAGGI,MARTIN&DEL BENE Lu Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX} June 12, 2002 Mr. Svi Segal 12 Plaza Road Wappingers Falls, New York 12590 Reference: Carmel Heights Dear Svi: At a staff meeting recently, it was brought up that you may want to try pave Carmel Heights this year. Please remember that there is a sewer line that we do not know if there is a vertical deflection in it. We will definitely want this excavated prior to final pavement to insure proper alignment.. If you have any questions, please do not hesitate to contact me. Ver truly yours, 6or .0 y� Joseph E. Paggi, P.E. JEP:Iaw cc: Hon. Joseph Ruggiero Town Board: File Hon. Gloria Morse Hon. Graham Foster RECEIVED r'S`;Iy JUN 1 3 ruv? TOWN CLERK Joseph E.Paggi,Jr.,PE_ Emst Martir4 Jr.,RE_,L.S. Charles R.Ilei Bene,Jr,P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX} November 29, 2001 RECEIVED L03 2001 Planning Board TOWN CLERK Town of Wappinger P.O.Box 324 Wappingers Falls,New York 12590 Reference: Detention Pond/Carmel Heights Dear Board: This office is in receipt of the following information regarding the above referenced project: • "Pond Re-design"Plans as prepared by Taconic Design Consultants dated last revised November 28", 2001. • Pond design calculations, Sheets 1 through 8, as prepared by Taconic Design Consultants dated last revised November 26 , 2001. We have compared this submittal to all previous data submitted to our office, and our comments are as follows: 1. The reconfigured pond layout, as well as all design calculations are acceptable to this office. 2. The original pond design called for a peak outflow of 10.1 cubic feet per second (cfs)to the existing All Angels Hill Road culvert(which has a calculated capacity of 10.5 cfs). The revised pond design actually reduces the peak outflow to the All Hill Road culvert to 9.8 cfs. This is acceptable to our office. 3, The original pond design allowed for a pond freeboard of 0.41 feet. The revised pond design allows for a pond freeboard of 1.56 feet. This is acceptable to our office. 4. The proposed pond side slopes are graded to a maximum of 1:4. This is acceptable to our office. 5. By copy of this letter, we are notifying Mr. Peter Nedwell of the Dutchess County Department of Public Works of the proposed revisions. Joseph E.Paggi,Jr-,PE. Emst.'Martin,Jr.,P.E.,L.S. Charles R.Dei Bene,Jr.,P.E_ Planning Board - 2 - November 29, 2001 RE: Carmel Heights/Detention Pond Mr. Nedwell's office previously approved Taconic Design Consultant's Plans, and issued a construction compliance letter on September 15 , 2000. Please feel free to contact this office is you have any questions or comments regarding this matter. Very, ruly yours Peter I Paggi PJP:Iaw cc: Hon. Constance O. Smith, Supervisor Town Board Hon. Graham Foster Albert?.Roberts, Esq. Peter Nedwell,P.E.,DCDPW Hon. Gloria Morse Charlie Brown, P.E., Taconic Design Consultants PAGGI, X RTIN &DEL BENE LLP Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New Mork 12601 914-471-7898 914-471-0905 (FAX) R E E V E D August 5, 1998 AUG 0 7 1998 Mr. Don Close, Zoning Administrator Town of Wappinger ELAINE SNOWDEN P.O. Box 324 TOWN CLERK Wappingers Falls, New York 12590 Reference: Sherwood Heights Dear Don: I am in receipt of the as-built drawing for Albert Lane, which l believe has recently been renamed Carmel Heights. I have reviewed the as-built and find that it is acceptable with the understanding that the Applicant's Professional check the invert of Sanitary Sewer Manhole No. 12. It appears to be inconsistent with others. I have enclosed a copy of this as-built for your review and retained one (1) copy for our files. I am also in receipt of an Engineer's Report prepared for the Holding Pond for Lot Nos. 38, 39 and 40. The revised Engineer's Report is dated 07/13/98 and the plan is dated revised 07115/98. 1 find that they are acceptable at this point in time with the understanding that all areas must be seeded upon completion, and that the Dutchess County Department of Public Work and Graham Foster will approve all work. I am further in receipt of the easement descriptions for the holding pond and storm drain pipe for Lot Nos. 38, 39 and 40, and find that they are consistent with the filed maps. Please note for the record, that 1 am not in receipt of the metes and bounds descriptions for the roadway as of yet. By copy of this letter, I am notifying Svi Segal that I do not have the deed descriptions, and therefore, cannot review them. If there are any questions or comments, please do not hesitate to contact this office. V�sephE. our, aggi, J ., JEP:Iaw Enclosure (1) As-Built Plan cc: Hon. Constance 0. Smith, Supervisor Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden Hon. Graham Foster Albert P. Roberts, Esq. Svi Segal Peter Nedwell Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,RE. ZVI SEGAL Z& MDEVELOPMENT CORP. 12 PLAZA ROAD WAPPINGERS FALLS, N.P. 12590 July 29, 1998 RECEIVED Donald Close,Zoning Administrator AUG 0 3 1998 Town of Wappinger ELAINE SNOWDEN 20 Middlebush Road TOWN CLERK Wappingers Falls,New York 12590 Re: Town of Wappinger- Carmel Heights Road Dedication Our File#10,685 Dear Mr. Close: Attached are the following documents that are required by the Town of Wappinger in order to allow building permits to'be issued to this section: (Items 1-3 have previously been reviewed and approved by Town Attorney, Albert P. Roberts) 1. Deed; 2. Offer of Cession; 3. Preliminary Certificate of Title (original to be issued upon recording of deeds and acceptance of road by town); ` 4. Drainage easements for 3 lots and corresponding gains affidavits for each conveyance. 5. As built road survey. 6. Letter of credit in acceptable form to the Town, delivered to your office on July 16th, 1998. 7. Performance Bond duly executed delivered to your office on July 16th, 1998. Will you please advise the appropriate town officials of the above documents and I am asking the agenda for the next town board meeting by sending a copy of the letter to the Honorable Elaine Snowden. Thank you for your cooperation in regard to this matter. Ve lo E ZSlcp , , Enc. cc: The Honorable Elaine Snowden Carl S. Wolfson,Esq. Albert P. Roberts, Esq. G [-6� � ABSTRACT,BRIDGE CITY LTD.. 75 WASHINGTON STREET POUGHKEEPSIE, NY 1.2601 (914) 454-8710 (914) 473-3744 FAX (914) 473-3807 FAX (914) 454_.1909 May 14, 1998 Wolfson, Greller, Reisman & Egitto, Esqs . 11 Market Street Poughkeepsie NY 12601 Att: Carl Wolfson, Esq.. RE: Com -7750 Town of Wappinger Dear Mr. Wolfson: Enclosed herewith please find preliminary Certificate of Title in the above matter. Kindly call 454-8710 with time, date and location of closing at your earliest convenience so that we may adjust our schedule accordingly. Please do not hesitate to contact me in the event you have any questions . Very Truly Yours, Carol S . Otter I= �} CSO: tm .( ._ �� . Enclosure ED) cc Albert Roberts, Esq. °" w 1998r REPRESENTING COMMONWEALTHLAND TITLE INSURANCE COMPANY TITLE INSURANCE SINCE 1876 LTD.. BRIDGE CITY ABSTRACT, 75 WASHINGTON STREET POUGHKEEPSIE, N.Y. 12601 Carl Wolfson Esq (914) 454-8710 Com-7750 (L 313 011) FAX (914) 473-3807 T/Wappinger 5/14/98 TITLE INSURANCE PREMIUMS: AMOUNT Fee $ 50 . 000 . 00 $ 463 . 00 FMV .$ 46 .00 MMortgage $ $ VRE 25 . 00 EPL $ 25 .00 WA $ 25 .00 RES. MTG. END. $ 25 . 00 Survey Inspection $ 95 . 00 Municipal Searches $ 75 .00 Other ( frau. tax 2 @ $15 .00 ) $ 30 .00 Escrow (Separate check) $ $ (Service Charge) RECORDING FEES: Deed $ Equalization/Assessment $ Mortgage $ Mortgage Tax $ Consolidation/Modification Agreement $ Building Loan Agreement $ Affidavit $ Release $ Satisfaction $ Processing Mortgage Satisfaction $ Transfer Tax $ TP 584 $ Other $ ABSTRACTS/SEARCHES $ TOTAL $ REPRESENTING COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE INSURANCE SINCE 1876. The following is only applicable to the purchase of a one or two family dwelling, or a residential condominium or cooperative unit, where the purchaser is a natural person. Chapter 502 of the Laws of 1982 ( Insurance Law Section) 440 Subdivision 5, effective 9/11/82 requires that title companies offer, at or, prior to closing, an optional policy rider to cover the homeowner for the future market value of his home. The Insured may, therefore, elect to obtain protection in excess of the purchase price for an additional premium, being 10% of a regular fee rate $ 46 .00 A. I choose to accept the Market Value Policy Rider. day of , 19 OWNER OWNER B. I do not wish to accept the Market Value Policy Rider for future increased market value and elect to waive the offer for such additional coverage. day of , 19 OWNER OWNER C. TO BE COMPLETED BY COMPANY CLOSER: The optional Market Value Policy Rider is not applicable to this transaction. REASON: ( ) Commercial Property, Vacant Land ( ) Multiple Dwelling ( 3 Families or more) ( ) Purchaser is not a natural person (e.g. Corporation, Partnership, Trust., etc . ) DATE COMPANY CLOSER issuers By Com-7750 (L313011 ) Commo�s'wEAEm LANs)Trnx, INSURANCE COMPANY �k'�'rt�f�4"1'� 1� REP011T is �tLL� Commonwealth Insure Fee Simple $50 000 .00 Town of Wappinger This Company certifies that in consideration of the fees, due and payable upon the delivery of this certificate, it has examined title to the premises described in Schedule A herein, in accordance with its usual. procedure and agrees to issue its standard 1992 ALTA Loan/Owner's policy (with New York Endorsement) insuring such interest and the marketability thereof„ after the closing of the; transaction in conformance with procedures approved by the Company, excepting all loss or damage; by reason of the estates,interests„defects,objections, liens,encumbrances and othernaatters set forth in this ccrtificat:e which are not disposed of to its satisfaction prior to .such closing or issuance of the policy. Such policy will be issued for the amount set forth herein, upon payment of the Company's Pecs and after the transaction has been duly closest and the closing; instruments have been duly recorded. and approved by the Company. This certificate is subject to any question or objection as a result of a continuation of the title to the date of closing or which may bebrought to the attention of the Company prior to the closing, or if there be no closing, before the issuance of the policy. This certificate shall frac null and void (l) if the Company's fees therefor are not paid (2) if the prospective insured, his attorney or agent, or the; applicant or the person to whom this certificate is addressed, rakes any untrue statement with respect to any material fact or suppresses or fails to disclose any material fact: or if any untrue answers are given to material inquiries by or on behalf of the Company (3) in any event,. upon the delivery of the policy. Any claah aarisinl by reason of the issuance of this certificate shall be restricted to the terms and conditions of the standard form of insurance policy. If title, interest or lien to be insured was acquired by the prospective insured prior to delivery of this certificate, the Company assumes no liability except under the policy when issued. i Dated; 5/5/98 At LM i l,i `arta. '„` �," ; .,��f Authorized Signature 1260 Redated and Recertified: Closer's Signature If you have any questions regarding this report please communicate with Cerdfioafe and Report of Title Face Page ORIGINAL AUG-18-96 TUE 11:55 TRI COUNTY ABSTRACT FAX NO. 9144733807 P. 01 BRIDGE CITY ABSTRACT, LTD. 75 WASHINGTON STREET fly POUGHKEEPSIE, NY 12601 (914) 454-8710 (914) 473-3744 FAX (914) 473-3807 FAX (914) 454-1909 liff'4M. i .t 13 707 _0 Ala USt 18, Carl Wolfson, Esq. 11 Market Street Poughkeepsie NY 12601 RE: CONI-7750 Dear Mr. Wolfson: Enclosed please find: TAX SEARCH MUNICIPAL. DEPARTMENT SEARCH SCHEDULE "A" X AMENDED SCHEDULE "B" AMENDED SCHEDULE "C" ENDORSEMENT OTHER Please attach to your Title Report/Policy' and make it a part thereof. Very Truly Yours, Carol S . otter Enc t CSO:hs cc: Albert P. Roberts, esq. REPRESENTING COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE" INSURANCE SINCE 1876 AUG-18-98 TUE 11:55 TRI COUNTY ABSTRACT FAX NO, 9144733807 P, 02 Title No. Com-7750 THIS COMp,4W CERTMES that a good and marketable title to the premises described in Schedule A, subject to the liens, encumbrances and other matters, if any, set forth in this certificate may be conveyedlmongaged by z & M Development Corp. 30URCE;• Deed from Maks Etingin to Z & M Development Corp. , dated 8/34/83 and recorded 9/25/83 in DL 1613, pg 59 in the Dutchess County Clerk' s Office. SCHEDULE B In which are set forth the additional matters which will appear in the policy as exceptions from coverage, unless disposed of to the Company's satisfaction prior to the closing or delivery of this policy: I. Taxes, tax liens, tax:sales, water rates, sewer rents and assessments set forth in schedule herein. 2. Mortgages returned herein (). Detailed statement within. 3. Any state of facts which an accurate survey might show. or Survey exceptions set forth herein. 4. Rights of tenants or persons in possession. 5. Covenants, conditions, easements, leases, agreement of record; etc., more fully set forth In Schedule herein: 6. The exact location, courses and dimensions are not insured without a survey certified to the Company. 7 . The exact acreage of the premises is not insured. 8. Rights of others in o nrcreek crossingor bounding and etazuttied flow of any stream premises. 9. Rights of utility companies to maintain their poles, wires and guys. r SCHEDULE "B" OF THIS POLICY CONSISTS OF TWO SHEET(S). BRIDGE CITY ABSTRACT, LTD. 75 WASHINGTON STREET POUGHKEEPSIE, NY 12601 (914) 454-8710 (914) 473-3744 FAX (914) 473-3807 FAX (914) 454-1909 May 21 , 1998 Wolfson, Greller, Reisman & EgittO, Esqs - 11 Market Street Poughkeepsie NY 12601 Att: Carl Wolfson, Esq. RE: Com-7750 Town of Wappinger Dear Mr. Wolfson: This is to advise you that exceptions #11 tlla'i.i #1A of Schedule "B" in the above captioned title report are to be omitted. We trust you will amend your records accordingly. Very Truly Yours, Carol S . otter CSO: tm cc: Albert Roberts, Esq. REPRESENTING COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE INSURANCE SINCE 1876 Title No. Com-7750 THIS COMPANY CERTIFIES that a good and marketable title to the premises described in Schedule A, subject to the liens, encumbrances and other matters, if any, set forth in this certificate may be conveyed/mortgaged by Z & M Development Corp. Parvaneh Parvin and Ahmad Parvin Plaza Building Corp. Maks Etingin Daniel Y Hu and Pek-Ju Hu SOURCE: See attached schedule. .. . . SCHEDULE B in which are set forth the additional matters which will appear in the policy as exceptions from coverage, unless disposed of to the Company's satisfaction prior to the. closing or delivery;of this policy: 1. Taxes, tax liens, tax sales, water rates, sewer rents and assessments set forth in schedule herein. 2. Mortgages returned herein 0. Detailed statement within. 3. Any state of facts which an accurate survey might show. or Survey exceptions set forth herein. 4. Rights of tenants or persons in possession. 3: Covenants; conditions, easements, leases, agreement of record etc., :more fully set forth in Schedule herein: 6 The ,exact Iodation, courses and dimension are . n'ot insured without a .survey cervified ao 'the. Camp'aa T. The `exact: acreage of the premises, As not insured. , 8. Rights of, others: .in and to . the .free: and uninterrupted flow of any stream or creek crossing or bounding the. ;premises. 9i. Rights` Qf utility companies to 'ma .ntain `: heir poles, wires and guys. SCIIFDULE "B" OF THIS POLICY CONSISTS OF TWO SHEET(S). SCHEDULE "B" CONTINUED 10. Easements and right of way to utility companies recorded in DL 519, pg 495, DL 913, pg 523, DL 1540, pg 627, DL 1568, pg 734, DL 1604, pg 367 . 11 . Franchise Taxes due by Z & M Development Corp. 12. Franchise Taxes due by Plaza Building Corp. . * * Reports ordered, will advise upon receipt. 13. Mortgage made by Ahmad Parvin and Parvaneh Parvin to Albank FSB in amount of ,$350, 000 recorded 10/22/97 in ML 2319, pg 110 . 14.. Mortgage made by Daniel Y. Hu and Pek-Ju Hu to Hudson Valley. Federal Credit Union in amount of $150, 000 recorded 4/7/98 in ML 2338, Pg 49 SOURCE OF TITLE Z & M DEVELOPMENT CORP. Deed from Maks Etingin to Z & M Development Corp. , dated 8/30/83 and recorded 9/26/83 in DL 1613, pg 59 in the Dutchess County Clerks Office. PARVANEH PARV.IN & AHMAD PARVIN Deed from Shai Levi in and' Iris 'Lev' t ' Parvaneh Parvin & Ahmad Parvin dated 10/20/97 and recorded 10/22/97 in DL 2000, pg 604 .in the Dutchess County . Clerk's Office.. PLAZA BUILDING.CORP Deeds from. Zvi', Sega to Plaza Building. Corp. , dated 6/28/94and recorded 7/11 /94 in DL 1946, pg 293, DL 19461 pg 294 and DL 1946, pg .296 in the Dutchess County Clerk' s Office. MAKS ETINGIN Deed from. Z & -'M' DevelogmentCorp. to , Maks Et ng n dated 2'/2/87 and recorded in DL 1745, pg 559.. DANIEL Y.. HU AND PEK—JU HU Deed from Michael Gore and ;Lori_ :Gore-to Daniel Y. Hu and P6k-, fru,I u 'dated::?/31°/92 and recorded 8/3/92n .DL 19`15, pg '291 in 'the Dutchess County 'C. erk'''s : Office. SCHEDULE nA,f LANDS OF ZVI SEGAL d/b/a Z & M DEVELOPMENT CORP. to be conveyed to THE TOWN OF WAPPINGER for CARMEL HEIGHTS - (f/kIa Albert Lanel - !'oborg 77_0 47Sega1 J Town _+ IVappinger, DtUtche_s C-Cunty. t �r ALL that parcel of land situated in the Town of Waippinger: Dutchess. County, York "ALBERT LANE" as shown on a map entitled, "SUBDIVISION PLAT OF CARMELNew HEIGHTS, sknown as TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK", dated Secy+ember 24 f9, ^, P.E. & L.L.S. and filed in the Dutchess CoL_Int- Clerks �lffiG . particularly described as follows: ce as filed ymape#66fi 'Said-Richard parcel. Barger amn e BEGINNING at a steel pin found set at the westerly end of a curve connecting the souther-lav line of Carmel Heights (f/k/a Albert Lane) with, the west front of Lot #31 as shown on said filed map), erly line of Sherwood Heights, (said =teal pin is in the thence westerly, rnortherly & easterly along the scutherlyr westerly .4: northerly line of Carmel Heights (f/k/a Albert Lane) the foilowing courses & distances- SOUTH 53-00-00 WEST 70.71 feet, on a curve to the right having a radius of 300.00 feet an arc distance of 106.42 feet, SOUTH 78-f9-30 WEST 351.41 feet, on a curve to the right having a radius of itt0.00 feet an arc distance of 30,'.26 feet, NORTH 03--21-40 WEST 150.46 feet, on a curve to the right having a radius of 175.00 feet an arc distanCe of 250.15 feet, NORTH 78-34-t0 EAST 237.0° feet, on a curve to the left having a radius of 150.00 feet an arc distance of ,:.'5.11 feet, NORTH 46-04-50 EAST 99.96 feet, on a curve to the right having a radius of 100.00 feet an arc distance of 160.06 feet, SOUTH 33-03-50 EAST 25,93 feet and . on a curve to the left, connecting the northerly line of Carmel Heights (f/k/a Albert Lane) with the westerly line of Sherwood Height, having a radius of 1 map, 5.00 feet an arc distance of 39,27 feet to a concrete monument found set on the westerly line cf Sherwood Heights in front Of lot #45 as shown on said filed thence southerly along the westerly line of Sherwood Heights SOUTH 01-56-10 WEST 140.00 feet to a point at the southerly end of a curve connecting the wester-ly line of Sherwood Heights With the southerly Of Carmel Heights (f/k/a Albert Lane), thence westerly, southerly & easterly along the southerly, easterly & northerly line of Carrel Heights (f/k/a Albert Lane) the following courses & distances: on a curve to the left having a radius of 25,00 feet an arc distance of 39.27 feet, SOUTH :__-03-50 WEST 25.9:, feet, on a curve to the left having a radius of 150.00 feet an arc distance of i1i?.00 feet, SOUTH 46-04-50 WEST 99.96 feet, on a curve to the right having a radius of 200.00 feet an arc uistance of 113.4,=, feet, SOUTH78-34-20 WEST 237,0:; feet, on a curve to the left having a radius of 125.00 feet anlarc distance of f,2 .75 feet. SOUTH 03-21-40 EAST 150.46 feet, on a curve to the left having a radius of f30.00 feet an arc distance of TIORT14 7,P-19-90 EAST 351.4f feet, 223.07 feet, on a curve to the left having a radius of 250.00 feet an arc distance of R-5.69 feet and NORTH 5L:-00-00 EAST 74.71 feet to a concrete monument found set at the westerly end of connecting the northerly line of Carmel Heights (f/k/a Albert Lane) with the was#erlf ' c Heights, said point is in the front of lot #46 as shown on said filed map, a carve . � line of Sherwood thence southeasterly crossing Carmel Heights (f/k/a Albert Lane) SOUTH 2_.-3fi`31 EAST 50,09 point or, place of beginning. feet to the O q � 4� 4� a) m fil {+amu) O o r1 H O U a)•d r, d �+" a) •.-rrC ul l¢S 0,rt 'O•� •� �, H Fr CO 4i ar m a] ai U 'd r- .] +� O 'd it3 Pa) w oaig P. d) 0)) rr3 �iF; NwU U) H O O 4'1 41, •rr U 4a a) ri m H g e- m m E H a) 4 q U r[,q tx: r TEl o -.i a) ',n CO CD "d + U Ul to rf] rS , 1 O O to d O 0) (1) a) rr ul q m 43 •� Irl H d aS y ri rf1 _0 W U H O q r�I rP1n H N_,qO e-+ ri r-r m'd m 4� s;.>~ s~ - ISS :d mr E-• a) a) H q'C O 4� O CV ,`? :r-�S q �'-. 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P. __ �.. •d u ri If,-N E+ U]U C= as'd.-a + (0 E +' - I r4 -WA 0 \�---�It „n.r�lrr atoms rt u£rLr,,1111 off �.-..,_,��--a u.l_i�ILrr r.rh��Lf.,r•, ,r,lr,tri.�,_, rk.� :�..,Lt „t.:�-.t ,. .� ., . ,oulit lan:tl inn M,rrt uwuL.,s. l'.••u t. l � ur,l�e,nr a un k: ti.q: Vis prim al..Oi-r [n,ule.0 rY al - 1'.IrtI j, I. ..J n1n..1,a ,l.n W x !4 rV �L�'44�;. pry F��C Lt L� rQ._ _ .....,a dureu lie Curynraliun Lating ita yr,nr,yA OI., 1•,�C. .1S l+ - h}J7f- .,ish,r,hy arknnwlr.h:rd�111c ln�rlrro-,hn.,S herrLy %%anl(*l anrt L • -fG. �r G r.. _. . . nP,.:ati,rlrt,1.:rwl r:udt. I! z,tluVt r:'.,•,+ncr,u;r.>,urs,as�sg u+ a,u!Is•sx•rs,all eascntcnl:11111 right uS ssay— �� hwa" th,r r,•tt:11111 nn-1:H t.:,,I!,r n,.i. .(thr u,td�rsiltnrd,llyrrlud t•j'�r uls and lnn. N,tr tib• t n•I t •1..:1!..I.nd lrnst 11:.•r.n,p:tty 1,ur - ..f •-it� ?L:a(-ts� �.0 f'_E'.^.� ,rn tau r.••--•. n. •,irC"L` L/-s-a.�L`9�r!I:r.l��n !„ Shr po�,,,r13 L::r ... .. J .. - tl ,t,i:,11.1 Ir L-0111111"t T Ir,untl c V Iu ll,,•1 I!t i,tk !u rl`,,•.u:- !. uit. I , I n,ll rh ..n5 ! ,, .. II Set, .Ep• ' , ,t t-Ili n1.1. 1Ltn r-I .-usr „rce-•ut 1 b.Ihr po,,.Int uui fulivr m,,.,,:,rs all I ! Ip , - nn u 1 ns11..tr :It ane Oil' 1 tr' , ! .1!,r uLlrrl, Ih.n'.tl unl un .t I Il lr,ut III IIII[V l utay iGlrrlrrcwtl.,:L,uasl..r,nlan- t. vn1 .ns I LII r,i,t I, 't�..1 t•nn-n' Ls +.thl nup Lthnuhi ltavu,g r,�F;ud In Ihr url3•s•1,F,'ur rll div rc U.m �. - r.t,,., ..I •:n.l I•i,.:r.;•I tLr At tnlun.t,�r.l,ni .,ml ,-n.V,....:.,r l.Y Ihr HI:tt' IIt ntltrtr 1rli,,h 1,Fr n:I,J poks and I1,,a lilt,I :Ii.$rand P„tr Vdcd,Ilam nn Ihk..t.rl.,r �� ,.. .,.• I II ,. I t i'r K. l i ,I t}r r:rl I ..t u'a} w:lhr.ut Ihr tvn tt.ft run,Cnt uS st d ry rl tral wnlsli T Ir 11,1111I..V ,I' t, ,:, I"•'I'•-r n .,tt:,4 6t tla w.1.r,:,' .d rata d ,,.1.ly I»'s1i,l r..rpnrat iun(s!,Ihcir ri',pny-v surrr,sur. assigns 9i,ltsycrs,in uuiu- t',,.,.,.... „V,,I•,t�i,;: .aiS 1.n,-, sha11 hr ad lint. I al IIv CI,11,11.,n1 said I,•r pnralnay,}, ssor nspirttsc sur I rssnrs,Bs siLrd lhuH� ^ dr.}nd sail I I,r Pn:r.snu,s lu'trnl:hall inure to au,l I VnJ 1Lr 111 irs,ky;a1 rrpresr IIIAIvrs,s11cerssors,assigns arltl If SSe CS O(t(tL' rl t ...:I,.,,v,nnlsYYr,Inniticly' ' > L� /•n �a'ctS�rC'. _�i.� h�tl-.5.1 S; r1. -at,d ani d.l:vrrrd,nu^-���_ 19 S/` N� 1st-�. - - •(�... S.1 r atl t II n..•t,erl n........ ..... IIJ 11SP 11711A1. AC GNNWLr h(]ntrnT. tiIAlI OF NUW YUfiH �, rs,m:tUy'ap Peat Crl.---�fZ" !T✓ r,l -�-t';'•;'.1/-�" 1°7-r G�hCi:ar nu,Shu,111„,rib,T.pr In tn.p.l�.nal,T kn..tvn anJ k,tnu•u,1u nn'to hr Ill” in.Si.IdvalfU r ,ufrl t6r G „r.i ul; w,nnn�,nt,:wS I�u -s•��rnll y7 du{�_acku,.ts l.'yh;cJ tr.Auc thxl — ,I, •�1 `• 1 fir'( /--1, t'uur:ilt.l I lnN ACIC^:OW1k11Gn1jNT.' ,. r ',RK t,'•h -.' I I I I' � tJ( brfntc nu prrs t.,I15 '1 P•ar � < ;wR 1 tlt N OV / +�• -yi �' to InC ! , is itt 1 'tt1 I J I t!y st rrtllLv(y!l !,1 j s L f %�,( ,,• F! -C,�y S 1 r, i f'e t I du' LL�Cr if,, nY-sti t1 7.I-,I I t ,,Lid //C�� Ihn1 lu• n 11 c -t:uud ,ltt r I t f yl I! •. /'_'`f'� trl- " "l r lm.-d th, .,I cr nr•r .II t I l .,II S t t 7r-rat.0,,lural-I('tt l " ',v,k l"• n110 !,t t -,..,:.ir.,..1 I.y.1,1, .,I Ihr I,n.11d�l .I ir,tt:f, .,I ,}•, , nrl:NnurLl lu;Bl I'NT B SU BSC t 1111 NC WITNESS. ti-I.1I1:YJ I' ttY:W C,lwly..l •..�r.-(�Gf._f.L_'... /- - --- '---/-...—_� IL,l t./,j ,I.,y n{ ,�/1 fiL-e:GeZ y mr y,e rsovtally cant, . lsnh,rt dine t5l'n,ss 1. r.t I n IuainU d,In rnr kn�ncn nud Lp,tiff}Sh me to he the SO _In 4�y'��the ( rz 8„tu�, ill,[,ural,tl i11" s '•I „1 t t I t'• I -� - y u• 1.�? �J lhit Ile is 1 er. t tll- :uq -utl I s Ilh 1 v ,u. Ily;µ.fn, I 1 t•.1 us}-,rad say Sl,µhC rrsiJr I, - :� ,.,r,.,l,,.1.pU.m:,t.-tylr.t:l..av Iln:•rid 1,>r arw,nll+al,s)sL:i.d prl,n,llsy 'hn }LYrrru le-d the(.rrF uvFt'in51 ne.at11Vtt' lie. r the th'n I InnsLr tlr to rc suLscrieEve'as witessrxrtte savt�l,xuttcJ tbC same and tLax WSInuitl-s ru(li/>h.n,nt l•l.wtutqk unrtiit,- - JsSolary 1141 lie X 10r n q O a u U a P4 _ w � a 1 u N 5 � Q E•I �. o ;a �11 N4�z ICAu P z t - W.—Ic._ell IR'..4.721 _ In eansideratinn of the sum of i11I0 and other raluahlt eonsidcrations,tilt fctcigf whereal from Central Ifudton Gas & Eleetrit- Together with the permanent right at all times to have access there Le across the rem . Corporation, a dmm�tic carp rfatton having it. principal ogee lrlsiden[e} at 2Fl South Ascouc,roughkitpsif,New York,■nd NeW 3(ork Telephone Cst[x�nl' a don retie rorpantiaP baring[ts printiptl 4ice 1095 Ave. Of t}1C' )1TfILr1G1S NY isTiciibr iieknowltdge$=!fee u�dersipsed hereby granlO)and conrq(s)unto said carporalionis).Ind each of them.I tit respective so�Me- fon,assigns Ind lessee-,an eastrrert far any use rr[atiugle[he ticctrit.Las,m comm tnicatinn industry.Including,but all limited Sol tilt instal(l tion,oDention and maintutan'e of oeerhead And/or and ngrounri tlettr ir,gas or communication facilities which easement shall be i .-.--.1�..-.-..fret in width lh roughoui its edent,in,upon,under,carer and scours she lands of the undersisned,Including roads and highwaysork thereon and adjacent Ificrctn,situated in the n)t,l11 wf Iia lntJeL. county of wtche5S State of New Y . Said rasrmtnt shall eattad from the property line o� Zr3Lleh Dl:I`le nn Ilse No1-`,h in a:SoutJierly direction to ON Property line oI N/F' Wien rM the Fruth • _.. ........ ... ..:.._.......... _.._......... _:....-...._ ..._..... t ._..........._._..... . __...-.._._...._. Tu cover. all facilities_nycessarry-to.suPf'lY ......... . .........---. ..:-- _. --- - service.-to cavrmI...#feights_."n$;]I iris 9n......__.._......... - ......,.....__._..... -- -...__.......__..._.._.._ retraining premise of she undenigntd,Ind Ica enter Wesson,and to construct,exra+ate,relocate,operate and maintain and to protect,repair,replact arra removt,in,over and under the prop- Rrty cnected by said casemuH,such facilities.including,but nut limittd to. lion OT pules, cak,lrs, trsrsartes, viiru, Luis, braces, alndtt- graund conduits.ripes,mains,and ducts,and all otlrer'appurtcnanresand h:turts Adaptable to 15.e present and future need:,uses and pSt ' posh of said corporations,the-r resptrtive 3acce5so[s,assigns and lessen,and provided that physirtl damage to the property owned by the nnderSigned causel solely by said corpnWtOns,their respective sdtcessors,assigns or lessets,shall be adjusted at the txptnse of the person or entity so causing such damage_ Togcthes with the permanent right also to trim,eat and remove at an,rime rush bru7h•it"'and other objcrU thereon and oP adjeetal property of the undersigned,as in the sols judgment of said eorperat'•�s, their respective u¢cessors. a-signs led lessees, may initrlere with,obstruct or endanger the construction,operation of maintenane• .r said rights,ftcilitics It,d other oppurt nance[ and fiatu:es of any thtreol.w:rirh may btrcalter be constructed in, ortr,or across said .gement.Said right shall include.the right to use chemical mean!of brush and fret removal onlywithin the limits of said eastmtnt,and t cn only whin such dare pot inittftle n.th the right of tilt under- signed to eultiratt the ground as hereinafter set fort!, The exact location of said easement and lines if to be as dcltrst.ned by*.id corporations baring regard to tbt origin,,genual itreedwal and dgliaasion of said facilities and the requirrmcnts of said eorperutinns. Reserving unto*--r untlasigncd lilt right la plant and cultists la.+q grass and low grnring ornamtMaf shrubs,And tilt right to Bron end recm,s said tartmrnt,pu,vided that any sat of said casemrnl shall not rn+erfcrt with,obetrrrct or mdangrr any of the rights granted at arortsaid tad prr-A,d that ne,b--et or ether structures shall be erected and no excavating,167invotthlatting shall be undertaken within the limits of said ,at aejlt withnut written consent of said corporations of their respective s r ors l se assigns. _ The Sterns hertof shall be binding upon and inure to the benefit at the i It a re scntstiref,suceuwtt,assigns solid Wage of and. as may apply to the undersigned and said eaeporationt,reiptetivelT. - _ (L S Signed,scaled and delivered,on`rrSMZ 4'14. Ifs�`� .... .. - _-........."`". .. In the presence of:Ct _......__-_.. dint at. v,.►.� e .. ...,,.. - ... _. s d -... Tar.Cnr r Yin.. t CwaA REAL ESTATE .......-- IAIDIVIDUAL ACEftOWLIDGXMILICT a+ AU ki t) Wou STATE Or KEW YORE w; I MTRAPISFER TAX r -... ...._..- .:..... ._.. _ UUTCN�SS....._ �s ■� On this If da,of.Ce.T.1't3L., ____ ,gyp 7� rt Inc.(he a�buriber,persr"llooIll appeared o bq h ' S C'l� T o me ptrsonally known anb,noon to me to ht the indlddtsal(a� _. �rr nlf,1 sal._..:......._.._--......._.......... dumbed in and who e7:ecuttd the foregoing Instrument.and . he (attcrel(y) dul acha t"I ttd!lo ma that M._ asecutcd tilt soma F z urz-^;'O[[t JFt Ir --...._........._._-_ CORPORATION ACKNOWLEDGEMENT. a-CA ,00_.y.��--�"' Not b1k. ary Pu ........... ff w.: NOTARY PlrallC,Sista r,a:r�-k STATE RIs ........-....................._- _................- Id+-24-6594170 Cavo of - - .............. in C,-,;s CnJPIt Ca _ 'omn+irsion Esr..cr Ms ch 39,19D0 ..... ..........- On(his .day of - - -- ....--- in the year 14. ,befole me ptnnn2ily appeared — -- ' ............... to to me known,who being►y int duly sworn,did drpafe and say:Shall . .... he rant-po al.. ................_...;that be if the................_.. .. ...Peen cul o t e .... . She cor',roration dntribtd in and which exttuted the above imtrument;that it knows she tui of raid corpondnP;shat the std flFud to a As instrermenl is such cmpor ate seat;that it vas so ef5aed by order of the board o1 directors or said torporalion;and that he signed his Hama thereto by this order- ----- - Nolary Public 1C99OWLLnGKINT EY SUBSCKISING WtTKE/S. STAT&or 191111 TORY a: Carnally of ._ . ......... -...... .._ _., . -.......... . .._... .... H- ,beiare ma peraonatty mme (subscribing witness On that day wf _. .,._ _.._..- ., the with whom I am personals,atquainled,to me krswwn and knosrn tc Ane In be the wbacribing wirnaf la thitrht ispptri(ond(y acquainted with by me duly+worn,did depose and say that he resides in t add aubrrft ani and,Pews said penamG}to be the person(a) duc[ibed is and who executed the foregoing inNm rutnt;SUM he,:hwi'tlati was prRfenfand saw the said persons G)eg"utt the swot sad that..he .(sertrall )duly-actmowkdgtd to ilia,N.r said subscribing that .fie,. executed the fame and ilial he dsareupoa fxbaeribed bis name as witnelr thereto. _,.....Hotery Pub1lc - p p 9 ll:svvs.JJ pG r < ` tu v x Q ~ m m W 3-G x 11 O H 4 "19,Q $ .— rel L n via 0 ^ w±( F yrs V 4—€ of ° ; � ' cry rel—f z ; .� S ° 3 AC >f W o tinchl -40 `27 .. it i I LIRR1568 '734 --734 . ? ` 6 lrt consideration of the sum of IEl.fO and other valuable Conce sieltrtions, the Feet,yI Whereof from Central Hudson Car of (;Itdrle 4 Corpotatloa, a domestic torpnralion having it, domestic co�poralloe hsrinf Its P4trict) sit Blncpal sR+etAvenue, resldtnee kalTsfe4 SewAvs k,osad Att toiti ab yO/�h T¢ZFQ��}}hppne Cornpan�{ i(}, 1(1Ire f+hereby aeknawle8ord,4hn en trip,for any Vic retail" le the tth- Yectric,npaa�ae�tommunicatian Ind prT nciu�di( but not limited teethe eon,assigns and lessees.a In to fallen Itetairtowid h Ihrwt[houtmaintenance luaextenehlnauponon �Und d over and scroll the la de of the undea at i}ryo'fgaFedFlln+eluding whiches ads and highways », ,,,_.,.,•., Uutc`lebh State of Near York. thereon and adjacent ehercla,altuated in the Torun o[ appting en Cnony of is a $pLLt�IWedZdirccelon to the i Said Basement shall extend from the property lint of Aft Ang end OR flit �IC's t property fine of C.iden Mitt LOOP *nth* SOuCh _....... .................-............ ....._._........_...... .twee...n P c ee�a��.._�.�...f�'�ow�d.e....d.en:voce...t P_....._,.._........ ........................... TQ c4Ve ..,......................... .a. ................_..........-.........,.........,...............,..._......,lai_...,...,.,,...,.......,......,..,......unti..,....................................lt Together with the Permanent tight al all limn to have actus lh*2 totes alit repair, efnin[Dremre of the undonlnn rivei� d under and to elver thereon•and to construct,excavate,relocate,aPerale andbullnotlll andd torotect,lines orPpoles, cablto++eras aorsnt,lwfttsrguysbacts, under• ut- City covered by said casement,such facilititt,including, us ground of said coiporatio s,theirnrespective succand essors,rasignscandclettees es andandrprovidedatlsttphysical hY leaf damage to the property owned pd Let ande lin undc 1 said ied canted solely by said corporations-their respective satec ears,assigns or testees,shall be adjusttd at the expc,u of the person i or entity so causing such damage. vvTogether with the permanent right site to Trim,cul and remove at any time such brush,trees and other obltcts thereon and on adjacent I the aid wilhcobstruct or endangerthesin eonslie tole ruction„foptsalikonoof maintenanceOfcorpoir rations. respective rigfact 0 a l incl herthe fight to ale nd thte ssigns and lessees- i uI mean ant thereof,which may ha[ufter be constructed In,aver or across said test-..- Said right shall include clic nigh!to use themical mens sal brush and tree removal only within the limits of sai�esscmcnt,and then only when each does not nterfete with the right of the under• ; signed to cultivate the[round as here malice set forth general d,netion The exact locatlnn of laid eastasrot and tints it to be at determined by sad eorporallanr norm[regard to alit origin, and destination of laid facilities and the requirements of said corporations. recr sass"idaes em[Ihrpr:w�ded8thai any ust.af splant Slid lid easementl'hilltlawn"ot Inlu�re Is and ith`obeow li ct+r endanterng l icyofthe ri+ahts graotad taseaforc aid ! and.prar„{rd f1+3'ITa upon ur other structures shelf be erected and no electiltint.minis[or blasting shall be undrrtat<rn within alio limits ci said • e EpttwitlsppJr weir, sanscnt al said corporations or their.respecliet sueeesrou,leeseq er acigna .`, ht�etse„Frffkjq sh)rn bindint u an and inure to the benefit of the heirs,legs,rePreserualies,auuesson,attitnr and lessees of and ' a]:e1 ,N-$4 a�e Oded and said corporations,respectively.rR an /�u u cfi 9# l [Resldin at: 11.7Q t? ...................................q _... .................R ........ t. I LTtr°o*�” YORKL)<DGR1Mtlir. NTArd- I _......c Castyof . __.r_.._.....__..........._........................._...._.-..._r............ _...........-..._... On tads...._...- day ol.. -....._..........._._...._.. .........................11-••..••.r helon me,aha wbscribv,panaullF apatite .__....._ „__._„•_....,..............__..- .-•-to me penortalit knorn and known to ma to be the Indtrldual sJ dtseribcd fn and who executed the loregoint instetsmant.a+d ..ha-. (severally) duly acknawlsd[ed to ma that .,hs-•executed t a sem• coaroOATIOH ACLAO L flit � arArs o: ....._......J _ Ceaxtyof .__... _U ...._............................._..__............-----........_ . L............ p A BUST Ua this. II ...day el..-- /t.(�...- - alit year to known,who e0e ng lAy me dint swetn,did depose v toy:11at r- V J he realda at.��. .�- j/ tn EliI1Sit be is tbe./.:�X--O:ej)tJ....President of the--- tree a al s "d apo anon• that hs upHd lilt name the corporation described lit wbieb executed thn above fxtieumtnl;Ilial know Ilse task of said Rtoo ation;l the oral sl6xc to as Instrument is such corporate seal;that it was so affixed by order of the b th,treto by this order. '--...---- .... .. .........._. -.. c,,.rrt Jr!lrVl, - Pubkie. - LCKNDV LEDGKZHT RT BOBSCRIltHo plrlrslte. 1a•v r°°„`.r u••*•rt t•n anR BTAiR 01 1+i8A YORK ss t e. u.+.rr,.,N•,.*se•1s— Ceaaky of • -......................................... ..._.-._-..... _......, fOa this .,... day of -_.. _..�-. - ,belen ma yersanally sumo (subatrifling witness} ! -.._--...-.... - . - -,Ihat ha it personally stQuafnud with with whom 1 am personally acquainted,to me known and known to ort to ba the subscribing wkness to the foregoing Istrument who, a n[ sad fay that he resider in..---.-........._,._...................,..........-_.... _ I _ _........_..................._...._.............----........................._........_....--...._-.-...........- -- sf%#said o _.... a —*a a t�a P,lu lam P c the cont[.)utile)th t�ill)and s<be= (rterslly)duly ago rallied its A[m�'N+a said tubacrlbl�r[tnar4 batt_he._executed the came and that he tksartuprw nbaeribed name at wts lla t+tu WNW .......... N OCT ` 01981 ................... Notary Pubfte. + fed DUTCHESS - 'fi r Cats T u Y + a o 'w ca' n+c� .z�m Lt � I C4 g o < 1 �11 a 47 1=orm 729.(Re6-10'61y-;5M-12�'fi2 l Grant of Gas Lines Kfght of Way In consideration of the sum of$.... .r..Q.p...... and.other valuable considerations, the receipt whereof from Centra!Hudson Gas ik Meetrle Corporation (hereinafter called Central Ihnlson), domestic corporation having its principal office at 294 South Avenue, roug{,ke.epsie, New York, is hereby aeketowledged, the undersigned hereby grant(s) and cunvey(s) unto Central Hudson, its successors, assigns, and Icssees, an easement and right of wayIQ ... feet in width throughout its "tent, in, upon, over, under and across thL- lands of the tmde�signed; including roads and highways thereon and adjacent thereto, situate in the_......... n of ..... ........Wa i-n er- „ - D!t.cYhess �? �- - -+ County of..__-......... .... --•--'---.,Stale of New York Said easement and right of way shall extend from the property line of Carl_(�1 1)rlve -„---,--,-.•,,,,,,,,,,,,,,•,•,-.-..-..-.-•..--.,--•_,---...•.' on the ......_.fest- Westerl- ._..................-.. .._...... direction ._....... .. ......_... ------- -.......-..--..._....................-...-....---1 to a_-.._............-.... .. Y....,_..---.. to the property line of N ... - ••---, on Fire liTeSt: _..--- __'----a�' ...£t]Ot= P� ............tending 1? 71�fl= the ...].ne _of,..................-....--...-.........-._ :...___..-.rpt..6l_ort..-t ie North. >s for a Gas- Line extend'ng fratt Carlen j]rj.ve t-o... ................................. ...... ;. the oro�erty. l ine N/I' Clark. ....................................... _. 13173........... . •• .................._..............._.........._-...-,-., n ................... .......-............. ............... ....... 76 �..._ UTCHESs.cUM.UERK$_Q�c�.... .................m_.. ......-.._.�,..... ......... FTRA,tic, E�...,_- tea= --><a............................AECf1Vf6 fJN TF1E �-f]AY O� -..-C_" --.. ............ ..-.......__. ......- _._..._ . ... RECL3ROED TN.....- ...rA f '----_.. .�.........1983 ......._ ..-_-_- ......................... ............... ............... ............. ......--...-_...........qtr PA(SE 3G �.JAX ._.. ............................. ..:... ..SS-.- .. . .......iY._ ... ,� _............................._..._._ ----......_ _.......... ................ ............ .................................__.... .--...................................-...............-...........-................--.....-...........-._..-........ Together with(he right at all times to have access thereto across the remaining premises of the undersigned (said right of access to be confined to practicable and reasonable routes to be designated by the undersigned),and to enter thereon and to construct, relocate,operate and maintain and to pralact,repair,replace and remove,in,upon,over and under the property covered by said easement and right of way any and all liars of pipes,mains,duets,conduits,and all other appurtenances and fixtures adaptable to the present or future needs,uses and purposes of Central Hudson, it: successors, assigns,and lessees for any public utility use;and provided that physical damage to the property- oword by the undersigned, caused solely by Central lludson, its successors, assigns and lessees shall :re adjusted at the expense of Central Hudson, its succrssors, assigns and lessees- - Together with the permanent right also to trim, cut,and"move,at any time,such brush,trees and other objects thereon and on adjacent property of the undersigned,as in the judgment of Central Hildson, its successors,assigns and lessees,may interfere witil,obstruct or endan- ger the construction,operation or maintenance of said rights,pipes,mains,ducts,conduits and other appurtenances and fixtures or any thereof, which may herrafter be constructed on said right of way. Said right shall include the right to use chemical means of brush and tree removal only within the lirnils of the right of way,and filen only when such use does not interfere with the right of the undersigned to cultivate his ground as hereinafter set forth. Reserving unto the undersigned the right to cultivate the ground on said easement and right of way, and the right to cross and recross said casement and right of way, provided that such use of said grounds shall not interfere with, obstruct, or endanger any of the rights grantrd as aforesaid,and provided that no house or olher structures shall he erected, no road, path or driveway shall be constructed, and no cxravating, training or blasting shall be undertaken within the limits of the right of way without the written consent of Central Iludson. The terms hereof shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal representatives, aucces- sors,assigns,and Irssccs of the undersigned and Central Hudson. ��� ) b 6"�A-u P"' ✓i c- AXP• Signed, sealed and delivered,on _T ..........,....., t y . ......................_fL S_) -- ...._...... ---- 4 D t L 0t I1 �� RQ Residingat .... idl ....-.. .. .. .. ....... .. Nu,ut.rr• - � E^� 4ur:f QNumt,d.. ...Street.. I✓1f/0. t-... � ....F/}��...... ........................._.-.-..-.-.._.. .................... -.- --- Turn.G1lr ar VIII•ae OU 0'r fs.. - aleSuit. - Subxribing Witness: i t'� r "'1 Subscribing Witness: -i��I,�!~�. � _ .......-- ... ................. ....... ..------.----................. .-.... ,n rllrlt ... .. ......... ................. 6 •7f an avert nuvllser prat (none)" __4V11A JUL-1?-1598 09:33 FROM FA05 I 9 MARTIN TO TOWN WPPP I N3ER P.01 PAG.GI&N ARTI Ccntu ting Engineers& and Surveyors 54-56 Main Street Poughkeepsie,New York 12601 E 914-471-7898 91471-0945(FAM � � 1 ;dune , 1998 a N Town Board Town of Wappinger P.O... Box 324 � Wappingers Falls, New York 12590 ,Attention: Constance OJ Smith, .Supervisor Reference: Sherwood Heights/Bond Calculation Dear Supervisor Smith & Board (Members: I have been asked by Svi Segal, Developer of the above referenced project, to calculate an additional Performance Bond for Section 11, Albert lane, that will need to posted to obtain Building Permits on that section. I reported to the Board on May 18", 1998, that the performance bond of the reduced amount was calculated to be $120,312.00. Mr. Segal has asked me to calculate the bond amount if the storm drainage work adjacent to All Angels Mill Road is not able to be done by that time. The additional bond amount that I calculated necessary to complete all uncompleted storm drainage work is $53,6.94.00. This would need to be added on to the $120,312.00, equaling 5174, 006.00. Mr. Segal also asked me to calculate what the performance bond would be if only the County crossing work remained. This amount is $36,114.00. Adding that to the original $120,312.00, equals $156, 426.00. By copy of this letter, I am asking Mr. Segal to advise our office and the Town which work he plans to complete prior to posting. If there are any gbestions or comments, please d6 not hesitate to contact this office. Very truly yours, oseph E. Paggi, JEP':19w cc: Hon. 'Vincent Bettina, Councilman Hon, Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman - Mon. Robert Valdati, Councilman Albert P. Roberts, Esq. _ Elaine Snowden 'ast-t•FaX Note Graham Foster 'rr, 767t D � Svi Segal c.` From co. Pho"a Phone �cucph i'aggx JC. ? Fax Fax TOTAL. P.31 PAGGI&.MARTIN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 �r �'' E� I16 ... 914-471-7398 -- . 914-471-0905(FAX) May 19, 1998 ED MAY 2 1 1998Y ► VV to, 011E Zvi Segal �Fti Z & M Development 12 Plaza Road Wappingers Falls, New York 12590 Reference: Sherwood Heights Drainage Dear Mr. Segal: am in receipt of a sketch and calculation sheet for the above referenced project prepared by Taconic Design Consultants dated May 6 , 1998 and May 5t', 1998, respectively, and advise the following: 1 . The sketch should be prepared to scale so that distances, separations, etc. can be scaled and measured. I have enclosed a copy of the information we determined from our field investigation on March 18th, 1998 for your consultant's use. 2. 1 have reviewed the calculation sheets prepared by your consultants and: ➢ Agree that the flow from the system is adequately calculated. ➢ The additional tributary area is calculated appropriately, as is the total flow. ➢ The methodology used in calculating inlet control is not correct. We recommend that the consultant take a look at what was done and redo the calculations. It also should be noted that the field investigation revealed that there is a 15" corrugated metal pipe on the east side of All Angels Hill Road. The transition from the 15" corrugated metal pipe to the 151' concrete pipe is unknown at this point in time. 3. The invert elevations of the proposed stub pipes in the north and south direction should be detailed on the plan. If the Engineer is still using inlet control, the effect on the stub pipes and the tail waters on the discharge from the subdivision pipe must be analyzed. Oa Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. prrnred on recycled paper Mr. Svi Segal - 2 - May 19, 1998 RE: Sherwood Heights would recommend that this information be submitted to your consultant. If he wants, he can call this office, and we can discuss this matter. I am simultaneously sending a copy of this letter to Peter Nedwell, and advising him that we will require this additional technical information. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP:law Enclosure cc: Peter Nedwell Graham Poster Don Close Planning Board Hon. Constance 4. Smith, Supervisor Hon. Vincent Bettina, Councilman Han. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Elaine Snowden -- JOB � DOD �==►G�-FE'S PAGGI & MAR'. SHEEfND.,- 1 QFI 5456 Main Street- CALCULATED - DATE3 .I8.9B POUGHKEEPSIE, NEW YORK 12601 -- (914) 471-7898 CHECKED By DATE Fax (914) 471-0905 I 1G� W) "= 1-O.. CV SCALE a 4w A q- � -6 t2: � -7 = w iw _..._-.-. ..., -- ..........— -- _._............... .._....:._ ..w .. _._._... .........__ . ........... _........ .................... ....... _............ __.......... . ' '� -- _._ ----------................ ................_. .._ -..... ................. _.... ... _ .- - ..................---------- ............. _..�_ --..........:............._.........._._...__... APPaosc __._ ' ......-._.... -..._. ___ ...------ - �..: ' ..._...�..._.. .._......_ ASS L4mi;_z i z .. .. : Z -- ............... _...- _......... .......... .. 'VLAnn ...-. _ - +�4_............ ...__. ..........-_------- .. . . !J; Fyip� C►'1 p - to- , - ------ ...............--- -- _3` v........ ..... W_ ..... ._........_................_...._.. .iP� y� :� Cl _.._,_..._._.._._ _ _. _........... _ <' OL .TVE.L S... C& S..�G .. Pti P -. : T$p47�Srwi�l�l fel PAG GI&A4ARTIN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905 (FAX) RECE""AVED May 18, 1998 MAY 2 1 1998 E�LAIN E SNOWDEN TOWN CLF-RK Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Sherwood Heights/Bond Calculation Dear Supervisor Smith & Board Members: I have been asked by Svi Segal, Developer of the above referenced site, to calculate the performance bond for Section 11, Albert Lane, that will need to be posted to obtain building permits on that section. Please keep in mind that we had previously calculated the total bond amount and reported the same to you on May 2 oth, 1997. That amount was $ 686,040.00. Since that time, Mr. Segal has installed and completed certain items to our satisfaction. At this point, we have calculated the performance bond necessary assuming that the appropriate foundation course and binder course pavement is installed to the satisfaction of the Highway 11 L J -t o all I.-,gels Hfll Road' has L 'Duperintendent, and that the drainage ad;acenT been completed to our satisfaction and the satisfaction of the Dutchess County Department of Public Works. I have calculated the performance bond amount of the reduced amount and find it to be $120,312.00. Please keep in mind, that as of this date the majority of the work shown on the accompanied sheet as completed has been, however, the foundation and binder course has not been completed as of this date, therefore, this letter should not be construed as a recommendation To reduce the bond in that amount. That letter will be written when, and onl, when, the work is completed. Jose?h E.Paggi,Jr.,RE. Ernst Martin,Jr.,P.E.,L.'S. ponlea Constance 0. Smith - 2 - May 18, 1998 Town Board RE: Sherwood Heights If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP:Iaw Enclosure cc: Hon. Vincent Bettina, Councilman w/enclosure Hon. Joseph Ruggiero, Councilman wlenclosure Hon. Joseph Paoloni, Councilman wlenclosure Hon. Robert Valdati, Councilman wlenclosure Albert P. Roberts, Esq. wlenclosure Elaine Snowden wlenclosure Graham Foster wlenclosure Svi Segal wlenclosure SHERWOOD HEIGHTS BOND CALCZILATION SECTION R-ALBERT LANE ITEM QUANTITY UNIT COST TOTAL COST CLEARING/GRUBBING 2 . 12 ACRES $ 6, 000 . 00/AC. $ 12 , 741. 00 , ROUGH GRADE 3 , 200 C.Y. $ 5. 00/CY $ 16, 000 . 00 " SEWER-SANITARY °PVC PIPE 1, 600 L.F $ 50. 00/LF $ 80, 000 . 00* °MANHOLES 8' EA. $ 2, 000 . 00/EA $ 16, 000. 00* WATER °DUCTILE IRON PIPE 1,900 L.F. $ 50. 00/LF $ 95 , 000 . 00* °HYDRANTS 3 EACH $ 2 , 000. 00/EA $ 6 , 000 . 00* SEWER LATERAL 50O� L.F. $ 25 . 00/LF $ 12 , 500 . 00* WATER SERVICE 19 EACH $ 1, 000 . 00/AC $ 19 , 000 . 00* STORM SEWER o PIPE 1, 650 L.F. $ 24 . 00/LF $ 39 , 600. 00 ° CATCHBASINS 19 EACH $ 800 . 00/EA $ 15, 200 . 00 FOUNDATION 1, 781 C.Y. $ 22 . 00/CY $ 39 , 182 . 00 BINDER COURSE 900 TON $ 65 . 0.0/TON $ 58 , 500 . 00 TOP COURSE 550 TON $ 65 . 00/TON $ 35, 750 . 00 BERM 3 , 750 L.F. $ 5 . 00/LF $ 18, 750 . 00 MONUMENTS 12 EACH $ 200. 00/EA $ 2 , 400 . 00 BACKFILL 1, 507 C.Y. $ 5 . 00/Cy $ 7 ,500 . 00 TOPSOIL/SEEDING A ACRE $ 8 , 000. 00/AC $ 8 , 000. 00 STREET TREES 38 EACH $ 150 . 00/EA $ 5, 700 . 00 SIGNAGE 2 EACH $ 200. 00/ER $ 400. 00 GROSS SUBTOTAL $ 488 ,232 . 00 We" *NOT SUBJECT TO ENR ADJUSTMENT - 228 , 500 - 00 NET SUBTOTAL $ 259 , 732 . 00 kl 2a3 NET SUBTOTAL WITH ENR ADJUSTMENT $ 30, 360 . 00 JrD; *NOT SUBJECT TO ENR ADJUSTMENT + 21;8 , 500 . 00 GROSS SUBTOTAL W/ENR ADJUSTMENT 538 , 860 . 00 X1.03, GROSS SUBTOTAL W/3% INFLATION (2) YEARS $ 571, 700 . 00 ILt'1 2� TOTAL WITH 20% ADMINISTRATIVE FEES $ 686 , 040 . 0020/ INSPECTION FEES $ 20 , 580 . 00 ,. FILE MAP NO. 6611 ENR ISSUE - 05/05/97 = 5,837. 16 *NOT SUBJECT TO ENR ADJUSTMENT 416- vi A-11 XP&C tt�&�P, +ZO. -6[gTq? - 5081 C Z & M Development Corp. Town Of Wappinger 12 Plaza Road Town Hall Wappingers falls, NY ]2590 Wappingers Falls, NY 12590 9]A-297-52]8 November 30, 1997 Ref: Sherwood Heights Dear Supervisor Smith and Board Members, It is my intention to begin construction on the last remaining section of Sherwood Heights. My plan is to install all the utilities such as sanitary sewer, water distribution system and storm sevver during this winter. In the spring of 1998 1 plan to build the base of the road and install the binder course and bond the remainder of the work. Attached is a letter by Mr. J.E. Paggic Sr. P.E. that establishes the inspection fee for this section as $20,580. I would like to request that the Town Board authorize that as an escrow account for this purpose be established. I will deposit$5000 into this account immediately and will make additional deposits as required to pay the town engineer personnel for the time spent inspecting the construction. The main reason for my request is that in the case of a severe winter where all construction will be halted, having the $20,580 sitting idle is not the most efficient way of doing business. Also I would like to propose that the criteria used to establish construction cost and related inspection fee should be different than that used to establish a bond amount. The construction cost for example should not include an increase of 3% inflation for tvvo years or a 20% zoning administration cost (total for the two above items is appro)amately $147,000 as per Mr. Paggi's attached letter--$114,340 for the zoning administration office and about$33,000 for two years inflation). The work is being done now and the zoning administrator's office is not involved. The bond amount I agree should be higher than the present construction cost in case of a developer's default in which case the work might have to be completed by the Town at a later date where inflation costs and some cost to the Zoning administrator's office are justified. I trust that you can act favorably on my request. *trlyrs Zvi S RECEIVED President 1997 ELAINESNOWDEN TOWN CLERK Monday Dece bar 1,1997 America Onlina:Z$egal Page: 1 PAGGI&MARTIN ConsullingEngineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905(FAX) May 20, 1997 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance O. Smith Reference: Sherwood-Heights/Road Bond Dear Supervisor Smith & Board Members:. At the request of Svi Segal, we have calculated the amount of the road bond for the last two remaining sections of the Sherwood Heights Subdivision. The first section is the completion of the Sherwood Heights roadway from Lot No. 20 to Peel Lane. All the work shown below is calculated based on information from File Map No. 6611 . In the first section, it is Mr. Segal's intention to build the base and binder course to obtain building permits, and bond the remainder of the work. As you know, the underground utilities (ie: sanitary sewer, water main, and storm sewer construction) were constructed years ago. The remaining items of work that need to be bonded would be the top course of pavement, curbs, backfilling the curbs, associated landscaping work, street trees, highway monuments, and appropriate signage. . The construction value of this work adjusted to May 1997 construction values and increased for two years inflation at 3% is $71,300.00. It has been the practice of the Zoning Administrator's office to add 20% to the construction value to cover necessary administrative charges. This will bring the total amount of the bond to $85,560.00. The inspection fee for this amount of work is $2,560.00. The second part of the road bond calculated is for the completion of Albert Lane, as shown on File Map No. 6611 . We have calculated the total construction value including all necessary items for the road construction and utility construction. These items are clearing and grubbing, rough grading, sanitary sewer, watermain construction, sanitary sewer lateral construction, water service construction, storm sewer construction, roadway foundation, roadway pavement, curbs, backfilling and landscaping, street trees, signage and monuments. Joseph E.Pao Jr.,P.E. Ernst Martin,Jr.,EE.,L.S. pnnred on recycled paper Constance 0. Smith - 2 - May 20, 1997 Town Board RE: Sherwood Heights The total construction value of the work above adjusted to May 1997 construction cost and increased for two years inflation. is $571,700.00 It has been the practice of the Zoning Administrator's office to add 20% for necessary"administrative cost, which would equal $686,040.00. The inspection fee for this portion of the project would be $20,580.00. For the construction of Albert Lane, the Developer would have the option of paying inspection fees and completing a portion of the work up to and including the binder course of the pavement without bonding it. At that point in time, a bond reduction could be sought and a new amount calculated for the remaining work. By copy of this letter, I am asking Mr. Segal if that might be his intention and/or request. If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., JEP:Iaw Enclosure cc: Hon. June Visconti, Councilperson w/enclosure Hon. Vincent Bettina, Councilperson w/enclosure Hon. Joseph Ruggiero, Councilperson w/enclosure Hon. Robert Valdati, Councilperson wlenclosure Albert P. Roberts, Esq. w/enclosure Graham Foster wlenclosure Elaine Snowden w/enclosure Don Close wlenclosure Svi Segal w/enclosure VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914) 298-2000 GERALD A.vERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS, KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT POUGHKEEPSTE OFFICE ANTONIA T.LUCIA 276 MAIN MALL JOAN R GARRETT** POUGHKEEPSIE,NY 12601 THOMAS R.DAVIS (914)452-1046 CHRIS MULARADELIS ADDRESS REPLY TO:( )11OUGE3MEPSIE *ADMSEI'ED TO PRACTICE ( )WAPPINGERS IN NY&FLA **ADMITPED TO PRACTICE IN NY&CONN. October 29, 1997 Hon. Elaine Snowden, Town Clerk Town of Wappinger Q�rT 20 Middlebush Road Post Office Box 324 E owv SIV WO Wappingers Falls, New York 12590 c4SygKN ' Re: Carmel Heights Subdivision (Zvi Segal) Our File No: 12949.0143 Dear Elaine: In connection with the above referenced subdivision, enclosed herewith please find: 1. Original Irrevocable Offer of Cession dated September 12, 1997 and filed in the Dutchess County Clerk's Office on September 26, 1997 at Liber 1999 Page 628; 2. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Klassen Builders, Inc., recorded at Liber 1999 Page 629; 3. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Jonathan Silver, recorded at Liber 1999 Page 630; 4. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Orli Entingin Silver, recorded at Liber 1999 Page 631; 5. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Neil Davidowitz, recorded at Liber 1999 Page 633; Hon. Elaine Snowden, Town Clerk October 29, 1997 Page 2 6. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Zvi Segal, recorded at Liber 1999 Page 634; and 7. Original Grant of Permanent Easements for Water, Sewer, Storm Sewer Purposes and Snow Storage from Z &M Development Corp., recorded at Liber 1999 Page 635. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT JBEPRT ROBERTS � APRljwm Enclosures PC: Hon. Constance O. Smith, Supervisor (w/o enclosures) Hon. Robert Valdati, Councilman (sent to home address - w/o enclosures) Hon. June Visconti, Councilwoman (sent to home address - w/o enclosures) Hon. Joseph Ruggiero, Councilman (sent to home address - w/o enclosures) Hon. Vincent Bettina, Councilman (sent to home address - w/o enclosures) Han. Graham Foster, Highway Superintendent (w/o enclosures) Donald Close, Zoning Administrator (w/o enclosures) Joseph E. Paggi, Jr., P.E. (w/o enclosures) WOLFSON GIRELLER REISMAN & EGITTO ATT023NEYS AND COUNSELLORS AT LAW 11 MARKET STREET POUGHKEEPSIE, NEW YORK 12[301-32[30 (914) 454-2200 FAX: 914-44554-4360 CARL S. WOLFSON MARK I. REISMAN STE PHEN L. 4RELLER .JOSEPH A. EGITTO �� PF COUNSEL RRA HER L. KITCHEN October 3, 1997 Donald Close, Zoning Administrator 'town of Wappi ager 20 Middlebush Road Wappijigers halls, New York 12590 Re: Town of Wappinger-Sherwood Heights Road Dedication Dear Mr. Close: In furtherance of our correspondence of September 12, 1997. l apologize for not enclosing the easement policy. In that regard enclosed please find said policy as requested by the Town. We have previously delivered to you the copy of the receipts showing that the easements and Offer of Cession in regard to the above matter have been received in the County Clerk's Office. Thank you in advance for your courtesy and cooperation. 1 Very truly du13 ^' CARL S. WOLFSON CSW/cp o Enc,. o cc. Constance a Smith, Supervisor o s Members of Town Board p Mr. "Zvi Segal cjo Albert P. Roberts L �► v PAGGI&MARTIN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 1.2601 914-471-7898 914-471-0905(FAX� October 2, 1997 Zoning Administrator Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Don Close Reference: Sherwood Heights/Road Dedication Dear Mr. Close: As a follow-up to our September 18, 1997 letter, I am in receipt of two copies of the As-Built Map for Sherwood Heights. This map is dated last revised September 24, 1997. In my September 18, 1997 review letter, I noted that there were two (2) discrepancies between the map and the deed descriptions. I note that the Applicant's Surveyor has revised the map to be in conformance with the description. Therefore, I find that they are both consistent at this point in time. have enclosed one (1 ) of the copies of the As-Built map for your use. Should you have any questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP:Iaw F� Enclosure 114",Fs �99� cc: Planning Board w/o enclosure �1 ho Graham Foster w/o enclosure p Albert P. Roberts, Esq. w/o enclosure Han. Constance 0. Smith, Supervisor w/o enclosure Hon. June Visconti, Councilperson w/o enclosure Hon. Vincent Bettina, Councilperson w/o enclosure Hon. Joseph Ruggiero, Councilperson w/o enclosure Hon. Robert Valdati, Councilperson w/o enclosure Elaine Snowden w/o enclosure Joseph E_Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L-S. onmed on recycled paper VERGILTS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD D A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M STENGER ALBERT P.ROBERTS DALE O'DONNELLAMY E.WOODARD IRA� T REGED PoumK -pSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS c a POUGHKEEPSIE,NY 12601 CHRIS MULARADELIS SEP 16 1.[}797 (914)452-1046 *ADMITTED TO PRAcncE - - - ADDRESS REPLY TO:( )POUGIUUM SIE IN NY&FLA. *•ADMr1zm To PRACTICE ELAINE SNOMEN ( )WAPPINGERS INNY&CONN. - - TOWN CLERK September 15, 1997 * VIA FACU IILE 297-4558 AND FIRST CLASS MAIL Donald Close, Zoning Administrator Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 Re: Z & M Development Corp. Our File No: 12949.0143 Dear Don: I am receipt of a copy of a letter dated September 11, 1997 from Zvi Segal,.president of Z & M Development Corp requesting that the dedication of Sherwood Heights be placed on the agenda for September 22, 1997. I am also in receipt of a copy of a letter from Carl Wolfson dated September 12, 1997 in which you are forwarded original documents. As a reminder, copies of the various documents are to be forwarded to Jay and I for formal review and report to the Town Board. I also note that no Performance Bond is listed as being delivered to you. The letter of credit is merely security for the obligations contained in the Performance Bond. Please advise. Very truly yours, JVE ILIS, STEN ER, ROBERTS & PERGAMENT - RT . ROBERTS APR/jwm Enclosure PC- Carl S. Wolfson, Esq. Hon. Constance O. Smith, Supervisor Hon. Elaine Snowden, Town Clerk Joseph E. Paggi, Jr., P.E. PAGGI&MARTIN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914471-7898 914-471-0905(FAX) VIA FAX & MAIL: August 18, 1997 Vergilis, Stenger, Roberts & Pergament 1611 Route 9 Wappingers Falls, New York 12590 Attention: Albert P. Roberts, Esq. Reference: Z & M Development/Sherwood Heights Dear Al: am in receipt of your correspondence to Carl S. Wolfson, Esq. dated August 13, 1997. In this letter you acknowledge receipt of legal description for the above referenced road, and that you forwarded this legal description to me. have reviewed the legal description and find that, although it is consistent and contiguous to the legal description tendered to the Town in November 1998 on the northerly end, I find that on the southerly end the legal description ends with-the northerly boundary lines of what's known as Edgehill Lots 1 A and 1 B. The piece of the road bed between there and Peel Lane appears to be left in no man's land. The agreements that were entered into when Don Keller built on those two parcels states that Z & M owned that piece. In any event, the ownership of this piece of land needs to be identified and put into the chain of title that will eventually be deeded to the Town. would recommend that a meeting in your office be set up with the appropriate people to discuss the above as quickly as possible so that title to this piece is not questioned. Please contact me at your earliest convenience. Very truly yours, Joseph E. Paggi, Jr., P.E. J EP:law cc: Hon. Constance O. Smith, Supervisor Hon. June Visconti, Councilperson Hon. Vincent Bettina, Councilperson Hon. Joseph Ruggiero, Councilperson Hon. Robert Valdati, Councilperson Elaine Snowden Graham Foster Joseph E.Paggi,Jr,P.E. Ernst Martin,Jr.,P.E.,L.S_ pnnred on recycled paper PAGGI&MARTIN CotuultingEngineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905 (FAQ RECEIVED June 18, 1997 - JUN 2 0 1997 ELAINE SNOWDEN TOWN CLE§K Vergilis, Stenger, Roberts & Pergament 1611 Route 9 Wappingers Falls, New York 12590 Attention: Albert P. Roberts, Esq. Reference: Sherwood Heights Dear Al: As a result of our June 17, 1997 meeting, l have reviewed the As-Built for Sherwood Heights which you gave to me that day. The drawing is undated, but apparently was given to you by Svi Segal and dated received June 11, 1997. As you can see from the As-Built and as we discussed, the easterly edge of the right-of-way is quite close to the edge of what will be the pavement for the extension of Sherwood Heights Road. In some instances there is only 4' in back of the. existing catch basins to the edge of right-of-way. An ideal situation for a 24' road is to have 13' from the back of the catch basins to the edge of the right-of-way. This would allow the Town to properly maintain the shoulders and would insure adequate protection of the shoulders from structures, etc. that could be built by the property owners. With that in mind, it was proposed to dedicate an easement to the Town along the entire easterly line of Sherwood Heights for a width of 10'. This easement will give the Town specific rights to pile plowed snow; to excavate, construct, and maintain any underground utility including domestic water, sanitary sewer, etc.; and to maintain an area for adequate site distance. This 10' easement would also preclude the homeowner from constructing and/or planting any structure, tree, bush, shrub, fence, pillar, post (excluding mailbox post), and/or from changing or altering the grade that would make it substantially higher than the edge of the existing/proposed pavement. By copy of this letter I am asking Graham Foster, Town Highway Superintendent, to report his feelings on the above. If acceptable, I would recommend that you take them to the Town Board for their acknowledgment. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. pnnfed on recycled paper Albert P. Roberts - 2 - June 18, 1997 . RB: Sherwood Heights If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, cam ` Joseph B. Paggi, Jr., P.B. 4� JEP:law cc: Graham Poster Hon. Constance 0. Smith, Supervisor Hon. June Visconti, Councilperson Hon. Vincent Bettina, Councilperson Hon. Joseph Ruggerio, Councilperson Hon. Robert Valdati, Councilperson Maine Snowden I i i Z & M Development Corp. 12 Plaza Road Wappingers Falls, NY 12590 914-297-5218 RECEIVED July 81, 1997 JUL 0 8 W7 ELAINE SNOWDEN Town Board TOWN CL AK Town of Wappinger Middlebusb Road Wappingers Falls, New York 12590 Re: Letters from Joseph E. Paggi, Jr. P.E. to Town Board regarding Sherwood Heights/ Road bond dated May 20, 1997 and letter to Albert P. Roberts, Esq. dated June 18, 1997 regarding ten foot easements. Dear Board Members, It is my intention to construct and extend the Sherwood Heights roadway from lot 22 to Peel Lane. The construction will include the gravel base and binder course of the roadway and I plan to bond the remainder of the work. With regard to the construction of the Albert Lane, which is the remaining phase of the project, it is my intention to install all the utilities, gravel base and the binder coarse of blacktop for this road. All remaining work for Albert Lane will be bonded as per Mr. Paggi's letter dated May 20, 1997. Lastly, I agree to dedicate the ten foot easements along the easterly side of Sherwood Heights to the Town of Wappinger as addressed in Mr. Paggl's letter to Mr. Albert P. Roberts, Esq. dated June 18, 1997. These easements will give the Town of Wappinger all the specific rights it requires to maintain the roadway and the utilities as was agreed by the Town of Wappinger Engineer, Town of Wappinger Attorney and Town of Wappinger Highway Superintendent. Thank you for your cooperation, Sincerely, Z " �ilegal, Presid nt ( PAGGI&MARTIN Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905 (FAX) A May 20, 1997 ��► A0 D f�� Z Z X97 r MES Town Board c�H c� E,V Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith Reference: Sherwood-Heights/Road Bond Dear Supervisor Smith & Board Members: At the request of Svi Segal, we have calculated the amount of the road bond for the last two remaining sections of the Sherwood Heights Subdivision. The first section is the completion of the Sherwood Heights roadway from Lot No. 20:to Peel Lane. All the work shown below is calculated based on information from File Map No. 6611 . In the.first section, it is Mr. Segal's intention to build the base and binder course to obtain building permits, and bond the remainder of the work. As you know, the underground utilities (ie: sanitary sewer, water main, and storm sewer construction) were constructed years ago. The remaining items of work that need to be bonded would be the top course of pavement, curbs, backfilling the curbs, associated landscaping work, street trees, highway monuments, and appropriate signage. The construction value of this work adjusted to May 1997 construction values and increased for two years inflation at 3% is $71,300.00. It has been the practice of the Zoning Administrator's office to add 20% to the construction value to cover necessary administrative charges. This will bring the total amount of the bond to $85,560.00. The inspection fee for this amount of work is $2,560.00. The second part of the road bond calculated is for the completion of Albert Lane, as shown on File Map No. 6611 . We have calculated the total construction value including all necessary items for the road construction and utility construction. These items are clearing and grubbing, rough grading, sanitary sewer, watermain construction, sanitary sewer lateral construction, water service construction; storm sewer construction, roadway foundation, roadway pavement, curbs, backfilling and landscaping, street trees, signage and monuments. printed on recycled paper Joseph E.P r' P.E. Ernst Marnn,Jr.,P.E.,L,S, Constance O. Smith - 2 - May 20, 1997 Town Board RE: Sherwood Heights The total construction value of the work above adjusted to May 1997 construction cost and increased for two years inflation is $571,700.00. It has been the practice of the Zoning Administrator's office to add 20% for necessary administrative cost, which would equal $686,040.00. The inspection fee for this portion of the project would be $28,580.00. For the construction of Albert Lane, the Developer would have the option of paying inspection fees and completing a portion of the work up to and including the binder course of the pavement without bonding it. At that point in time, a bond reduction could be sought and a new amount calculated for the remaining work. By copy of this letter, I am asking Mr. Segal if that might be his intention and/or request. If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., JEP:Iaw Enclosure cc: Hon. June Visconti, Councilperson wlenclosure Hon. Vincent Bettina, Councilperson wlenclosure Hon. Joseph Ruggiero, Councilperson w/enclosure Hon. Robert Valdati, Councilperson w/enclosure Albert P. Roberts, Esq. w/enclosure Graham Foster wlenclosure Elaine Snowden wlenclosure Don Close w/enclosure Svi Segal wlenclosure SHERWOOD HEIGHTS BOND CALCULATION SECTION I-LOT NO. 20 TO PEEL LANE ITEM QUANTITY UNIT COST TOTAL COST TOP COURSE 440 TON $ 65. 00/TON $ 28 , 600 . 00 CURB 2,500 L.F $ 5. 00/LF $ 12 ,500 . 00 MONUMENT 8 EACH $ 200. 00/EA $ 1, 600. 00 BACKFILL 1, 020 C.Y. $ 5. 00/CY $ 5, 100. 00 STREET TREES 20 EACH $ 150. 00/EA $ 3 , 000. 00 TOPSOIL/SEEDING 0. 63 ACRE $ 8 , 000 . 00/AC $ 5 , 050. 00 SIGNAGE 2 EACH $ 200 . 00/EA $ 400 . 00 SUBTOTAL $ 56, 250 . 00 SUBTOTAL W/ENR ADJUSTMENT $ 67 , 215. 00 SUBTOTAL W/3; INFLATION (2) YEARS $ 71, 708 . 00 TOTAL WITH 20% ADMINISTRATIVE FEES $ 85,560. 00 INSPECTION FEES $ 2 ,560. 00 FILE MAP NO. 6611 ENR ISSUE - 05/05/97 = 5837 . 16 SHERWOOD HEIGHTS BOND CALCULATION SECTION II-ALBERT LANE ITEM QUANTITY UNIT COST TOTAL COST CLEARING/GRUBBING 2 . 12 ACRES $ 6, 000. 00/AC. $ 12 , 741. 00 ROUGH GRADE 3 , 200 C.X. $ 5. 00/CY $ 16 , 000. 00 SEWER—SANITARY 'PVC PIPE 1, 600 L.F $ 50. 00/LF $ 80, 000 . 00* °MANHOLES 8 EA. $ 2, 000. 00/EA $ 16, 000 . 00* WATER ODUCTILE IRON PIPE 1,900 L.F. $ 50..00/LF $ 95, 000. 00* OHYDRANTS 3 EACH $ 2 , 000 . 00/EA $ 6, 000. 00* SEWER LATERAL 500� L.F. $ 25. 00/LF $ 12,500. 00* WATER SERVICE 19 EACH $ 1, 000. 00/AC $ 19, 000 . 00* STORM SEWER o PIPE 1, 650 L.F. $ 24. 00/LF $ 39 , 600 . 00 ° CATCHBASINS 19 EACH $ 800 . 00/EA $ 15, 200 . 00 FOUNDATION 1, 781 C.Y. $ 22 . 00/CY $ 39, 182 . 00 BINDER COURSE 900 TON $ 65 . 00/TON $ 58 , 500. 00 TOP COURSE 550 TON $ 65 . 00/TON $ 35, 750 . 00 BERM 3 , 750 L.F. $ 5. 00/LF $ 18 , 750 . 00 MONUMENTS 12 EACH $ 200. 00/EA $ 2 , 400 . 00 BACKFILL 1, 507 C.Y. $ 5 . 00/CY $ 7, 500 . 00 TOPSOIL/SEEDING A ACRE $ 8, 000. 00/AC $ 8, 000 . 00 STREET TREES 38 EACH $ 150. 00/EA $ 5, 700. 00 SIGNAGE 2 EACH $ 200. 00/EA $ 400. 00 GROSS SUBTOTAL $ 488, 232 . 00 *NOT SUBJECT TO ENR ADJUSTMENT — 228 500. 00 NET SUBTOTAL $ 259, 732 . 00 NET SUBTOTAL WITH ENR ADJUSTMENT $ 310, 360 . 00 *NOT SUBJECT TO ENR ADJUSTMENT + 288 500 . 00 GROSS SUBTOTAL W/ENR ADJUSTMENT 538, 860 . 00 GROSS SUBTOTAL W/3% INFLATION (2) YEARS $ 571, 700. 00 TOTAL WITH 20% ADMINISTRATIVE FEES $ 686, 040. 00 INSPECTION FEES $ 20 , 580 . 00 FILE MAP NO. 6611 ENR ISSUE — 05/05/97 = 5,837 . 16 *NOT SUBJECT TO ENR ADJUSTMENT _ �r �{ 7 �IT �78�_$LFdlli 1.7eIPti F_tr - _ � -naobaek . .......... # P3 _ _ - - _ - - - - - - 4. - - _ - - - - aV- � � a s Ism 1 I # - 'U r FX 984 REV.4-86 - _ -_ _. -- — T�S - = - - - - - _. _ = - - _ -.- _._ - _.- -- .__ Il _ _ - R� o-c-�fiOY�urc�i S_trSlir = = - w ask�1::: f 1 D24� — - .- — - -- - _ -. - . . _- -- _- — = - == - _ _ __ -- - - �� - - - -_ - - - - - - - -- -- - V_ - t � _ A -.� _ - _ = - #-:-SVS # ;_ _? 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Box 6004,Church Street Station t �• ,, New York, N.Y. 16249 A • 'e v q FX 984' RE=V. 11-62-4-83 PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TE:L. 297-6257 March 23rd, 1.983 Mr. Richard G. Barger, P.E. & L.S. New Hackensack Road Wappingers Falls, NY 12590 RE: Carmel Heights, Sections I & II Environmental Impact Statement Dear Mr. Barger: At, the March 21st, 1983 meeting of the Planning Board, amotion was made by Mr. Mills that the Environmental Impact Statement be accepted. The motion was seconded by Mr. Keller . Vote: Mr. Fanuele— aye Mr. Keller - aye Mr. Lawrence - absent Mr. May - aye Mr. Mills - aye Mr. Parsons abstained Mr. Rubenstein - aye The motion was carried. Very truly yours, (Mrs.) ty-Ann Russ, Secretary 'gown o (Mrs.) Planning ;Board br cc , Regional office of the N.Y.S. Dept. of Environmental Conservation Dutchess County Department of Planning Clerk of the County Legislature Lucille Pattison, County Executive Dutchess County Environmental Management Council Blaine H. Snowden, Town Clerk t,," Commissioner of the N,Y.S. Dept. of Environmental Conservation Edward Hawksley, Conservation Advisory Council Zvi Segal & Maks Etingin, Applicants ol /y 0 Nm 14 pi 'p ry 0 niAll fir. �sw PLANNING BOARD �r6uW'� r,wcsel 6r r"r 4 TOWN OF r� r + ToiAlh HALL YIAaO�1CdT�S FALLS.S, �4�PM1'dl Y+C]IR} 1290 1'r dip `� TEL, 297-6257 March 22nd, 1983 Mr. Zvi Segal & Mr. Maks Etingin Z. & M. Development Corp. Plaza Road Wappingers Falls, NY 12590 RE: Carmel Heights, Section I & II Subdivision Dear Sirs: At the March 21st, 1983 meeting of the Planning Beard, a motion was made by Mr. Mills, seconded by Mr. Rubenstein, to adapt the following resolution of final approval: WHEREAS, an ,application for final approval of a subdivision plat entitled "Subdivision Plat of Carmel Heights, Town of Wappingers, Dutchess County, New 'Fork" was received by the Town of Wappinger Planning Board on January 17th, 1983, and WHEREAS, a final public hearing was held on said subdivision application and plat at the Town Hall, Mill Street, Wappingers Falls, New York., on Thursday, February 10th, 1983, and WHEREAS, the requirements of the Subdivision. Regulations of the Town of Wappinger have been met by said subdivision plat and application, except as noted below, and WHEREAS, the conditions of the preliminary approval of said subdivision plat, granted by the Town of wappinger Planning Board on .August 30th, 1982, have been met, except as noted below. NOW, THEREFORE, BE IT RESOLVED THAT the application of Zvi Segal and Maks Etingin - Z. & M, Development Corp. for approval of said subdivision plat, prepared by Richard G. Barger, P.E. & L Ste , and dated September 24t1i, 1982, be approved subject to the following conditions, and that the Chairman be authorized to endorse approval on said subdivision plat upon compliance with said conditions by the applicant, which conditional approval shall expire six months from the date of this resolution if the applicant has not complied with the conditions set forth. PLANNING BOARD ToWN OF WAPPINGER TOWN }TALL WAPPINGERS FALLS. NEW YORK 12'.f'90 TEL. 297-6257 Page Two March 22nd, 1983 Upon completion of all requirements set forth in the action approving the. Subdivision Plat, the Plat shall be properly signed by the appropriate officers of the Planning Board, and shall be filed by the applicant in the Office of the County Clerk -in accordance with the requirements of Section 278 of the Town Law. Any Subdivision Plat not so filed within sixty days of the date of Planning Board signature shall become null and void. 1. Approval of the road plan and profile and plan and. profile of the drainage system shall be obtained from the Engineer to the Town, the Highway Superintendent and the Dutchess County Department of Public Works, in writing, prior to the signing , of the plat. The Conservation Advisory: Council shall be given an opportunity to review the- plans prior to the signing of the plat. 2. Drainage flow patterns shall be indicated on the individual plot plans. Por any surface waters that enter upon. properties of other persons, theapplicant shall obtain a letter from the sante permitting such discharge. 3 . The following requirements shall be required: A. All storm water shall be conveyed by pipe to natural drainage courses. B. Standard street signs will be required at each intersection and temporary signs shall be installed during construction. C. Street Specifications shall be those presently in effect at the time of construction. D. No open streams will be allowed unless permission in writing is obtained from the Highway Superintendent- 4. Inspection fees for water lines, sewer lines and storm drainage lines shall be paid prior to the signing of the plat. Certified checks are required. PLANNING. BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 Tn„ 297.6237 Page Three March 22nd, 1983 5. Downstream drainage fees are waived based on the work to be done in accordance with a letter from the Dutchess County Department. of Public works dated January 24th, 1983. 6. Recreation fee of $500.00 per lot on the final .plat shall be paid prior to the signing of the plat. (Only for the additional forty lots.) Certified. checks are required. . 7. No structure is to be built where the lowest opening (windows, doors, garage doors, crawl space, etc.) are lower than two feet above the road surface unless approved by the Highway Superintendent and/or the Engineer to the Town. 8. All footing drains and roof leaders, if specified by the Building Inspector, shall be piped into the storm drainage system. 9. . In subdivisions with underground utilities, the developer shall contact Central Hudson, New York Telephone, the Town- franchised cable tv company and the Town Board to negotiate . an agreement whereby cable tv facilities will be installed with underground utilities . Should these negotiations be unsuccessful, the developer, shall provide a statement indicating why an agreement to provide cable tv service could not be reached. 10. Prior to the issuance of any building permits, a. bond of sufficient amount for the road, drainage and street trees and in a form approved by the Attorney to the Town shall be approved. and accepted by the Town. Amount of .said bond is to be determined by the Engineer to the. Town and the Highway Superintendent. 11. There shall be two 23�" caliper deciduous trees planted on each lot at a height- of four feet above the groand. The first branch should be at a. height of seven feet. PLANNING BOARD TOWN .OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12350 TEL. 297-6237 Page Four March 22nd, 1983 12. The developer shall be required to keep the roads in the subdivision clear from snow and ice and make the roads otherwise passable until such time as the roads have been accepted by the Town. Upon failure to do so, the Town may authorize, after determination that an emergency exists, a private contractor, to clear the roads or make the roads passable, and the expense_ of such work will be assumed by the developer. 13. An erosion and sediment control plan shall be reviewed by the Conservation Advisory Council and then approved by the Engineer to the Town prior to the signing of the plat. 14. With regard to drainage concerns on Section I, a letter of agreement shall be submitted indicating that there will be compliance with the drainage plans submitted and approved by the Engineer to the Town. 1.5. The Planning Board shall make a determination on the Environmental Impact Statement prior to the signing of the plat. 16 . An easement for highway purposes shall be indicated on the subdivision plat. Said easement shall be reviewed by the Attorney to the Town .and approved prior to the signing of the plat. 17. Five copies of the filed map shall be submitted for Planning Beard distribution: Said copies shall be obtained from the County Clerkfs office. 18. Approval is subject to the contract with the Town Board on the sewer and water service. 19. Work in the area of the Bennett property shall be done in accordance with the requirements and approval of the Engineer to the Town and the Highway Superintendent when the weather permits and prior to the issuance of any building permits. PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-6257 Page Five March 22nd, 1983 Vote: Mr. Fanuele - aye Mr. Keller - aye Mr . Lawrence - absent Mr. May - aye Mr. Mills - aye Mr. Parsons - abstained Mr. Rubenstein - aye The motion was carried. Very truly yours, {Mrs.. etty-Ann Russ, Secretary TowmWappinger Planning Board br CC: Jon Holden Adams, Attorney to the Town Richard G. Barger, P.E. & L.S . Kenneth T . Croshier, Highway Superintendent Dutchess County Dept. of Health Dutchess County Dept. of Public Works Fire Prevention Bureau Hans R. Gunderud, Bldg. Inspector/zoning Admin. Rudolph E. Lapar, Engineer to the 'own Otto Klassen Elaine H. Snowden, Town Clerk-p/"' Recreation Commission PLANNING BOARD RECEIVED TOWN OF 1141'APPINGER TOWN HALL WAPPINGER S FAL,LS., NEW YORK 12590 ELAINE 11, SNOWDEN TEL, 297-6257 Memo To: Regional Office of the N.Y S. Dept. of Environmental Conservation Dutchess County Department of Planning Ms. Joan Pagones, Clerk to the County Legislature Mrs. Lucille Pattison, County Executive Dutchess County Environmental Council Elaine H. Snowden, Town Clerk "/ commissioner of the N.Y. fl. Dept. of Environmental Conservation From.: Town. of Wappinger ,Planning Board Date: January 20th, 1983 Subject: Carmel Heights, „Sections I & II Subdivision - Draft Environmental Impact Statement Enclosed please find copies of the above captioned subject. It is asked that you respond with any comments you may have within thirty days. br Enclosure Afw �f PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12500 T[L. 207-6257 LEGAL NOTICE i PLEASE TAKE NOTICE THAT A DRAFT ENVIRONMENTAL IMPACT STATEMENT HAS BEEN RECEIVED BY THE PLANNING BOARD OF THE TOWN OF WAPPINGER ON THE SUBJECT TO THE CARMEL HEIGHTS, SECTIONS I AND 11 SUBDIVISION. A COPY OF SUCH DRAFT ENVIRONMENTAL IMPACT STATEMENT IS AVAILABLE AT THE THE OFFICE OF THE PLANNING BOARD, TOWN HALL, MILL STREET, WAPPINGERS FALLS, NEW YORK. RESIDENTS OF THE TOWN OF WAPPINGER ARE INVITED TO SUBMIT COMMENTS IN WRITING AS TO THE DRAFT ENVIRONMENTAL IMPACT STATEMENT TO THE PLANNING BOARD OF THE TOWN OF WAPPINGER. SAID WRITTEN COMMENTS TO BE SUBMITTED IN LEGIBLE FORM NO LATER THAN FEBRUARY 28TH, 1983 . SIGNED: VICTOR L. FANUELE, CHAIRMAN ZONING BOARD OF APPEALS DATED: JANUARY 20TH, 3982 DRAFT ENVIRONMENTAL IMPACT STATEMENT CARMEL HEIGHTS SUBDIVISION TOWN OF WAPPINGER DUTCHESS COUNTY,. N-.Y, DRAFT ENVIRONMENTAL -IMPACT .STATEMENT y ' CARMEL HEIGHTS SUBDIVISION TOWN OF WAPPINGER DUTCHESS COUNTY, N.Y. .,LEAH AGENCY: PREPARED BY: TOlM OF WAPPINGER PLANNING BOARD - RICHARD .G, BARGER, P.E. &.L.S . . MILL STREET 115 NEW HACKENSACK ROAD WAPPINGERS FALLS ,' NEW YORK 12590 WAPPINGERS FALLS., NEW YORK . 1.2590 . (D14) 29.7-5771 . (9140 297-9435 "PREPARED .FOR; SVI SEGAL . PLAZA ROAD WAPPINGERS FALLS, NEW YORK ..12590 (914) 297-521$ lY tsE slC��` .,�.� -.-....r --•;•- -•,�-rc ----y--'T:- .�.» �r,i�.-. � � -. tip` -'-T:�—�.-,•-T-'-,";,�..� -.:z.'_— ^'r -_ ALTERNATIVES CONSIDERED 1 . Alternate Concepts for the Project A. ) Conventional Subdivision B. ) Cluster Subdivision C. ) Non Development 2. Alternate Utilities A . ) Central water system vs . Individual wells B. ) Central sewage system vs . Individual septic systems Conclusion and Recommendation The development , as proposed , should not have a significant impact on. the environment , and a negative impact statement` is suggested, f A. Introduction B. Summary C . Environmental Setting D. Proposed Action E. Environmental Impacts and Effects F. Alternative Actions G. Permits and Approvals Required - H. Conclusions and Recommendations I . Bibliography J . Figures K. Attached Plans .. y A . ) INTRODUCTION Local Law Number Two of 1977 of the Town of Wappinger, i Dutchess County, New York establishes regulations relating to environmental duality review of actions which may have a signif- icant effect on the environment within the Town of Wappinoer. Pursuant to this regulation, it has been determined that the project under review , Carmel Heights Subdivision , is a "Type one action" as defined by Article II, Section 20, Paragraph "A" of " -" this regulation . This report and analysis of the potential environmental impact of this project is presented as a Draft Environmental Impact Statement as is referenced in Article IV of the Law. The Town of Wappi,nger Planning Board has assumed the +"Lead - Agency Status" for this project .' This report" represents the opinion of the 'preparer based on fact , common sense , and judgement in consideration of relevant environmental impacts of the proposed .action, with proper concern being given to the methods available to mitigate any ,impact , and the alternative methods to the .various portions of the project. 7 PROJECT NAME : CARMEL HEIGHTS SUBDIVISION Off Carlen Drive & All Angels Hill Road Town of Wappinger Dutchess County, New York PROJECT LOCATION: See attached plans , Sheetl and r2 PROJECT DESCRIPTION: A 66 lot Subdivi.sion .located off Carlen Drive in the Town of Wappinger, Dutchess County, New York. 66 Residential lots are to be developed using the conventional subdivision concept resulting in a total of 66 individual homes . The parcel in question is 60 ± acres in size. . LIST OF IMPACTS : 1. Construction . Phase Impact 2 . Erosion Control during Construction 3 . Impact on the Town of Wappinger Yater Improvement Area #1 4. Impact on the Drainage -_Basins 5.' Impact on the Rockingham Sewer District 6. _ Increased Population and Resulting Effects - a. ) Traffic b. ) School System c . ) fire Protection d . ) Refuse Disposal 7. Aestet is Impact $. Impact on Natural Resources 9. Conventional Subdivision Concept C . ) ENVIRONMENTAL SETTING ` The existing parcel as illustrated on Sheet #2 of the plans is located within the limits of. the Town of Wappinger, 'a Town with a 1980 population of 26, 776. The Land area in the town is 16, 706 acres. The Town of Wappinger is within the limits of the County of Dutchess ,' located in the southeast portion of New York State. The site is located approximately six miles 'southeast of the � City of Poughkeepsie; 2j miles east of the Village of Wappingers Falls ; and 5 miles northeast of the City. of Beacon. The general character of the Town is residential with light industrial and commercial activity and a limited amount of fanning. This is consistant with the entire eastern portion of Dut.chess County .on the 'west side of the Taconic Parkway, The general climate of the area is temperate with warm summers" and 'moderately cold winters . - Average rainfall in' the region is in the range of inches per year. I. NATURAL RESOURCES The geological soil types on the site are shown on Sheet #3 of the plans and is reflected 'in table 1 "ON SITE SOIL GROUPS" This data is obtained from the soil survey of Dutchess County, New York _ (1955) The .predominant soil groups are well drained, upland gravelly Ioam' soils with varying errodibility coefficients , and varying slopes. All areas have deep depths to bedrock. The principal use of the land At the present time is idle land, however, it has been farmed in the past : Suitable uses for' these types of soils include : pastureland, idle land ; general farming; and rural development . . Soil tests were done on the site to determine suitability for subsurface septic systems. Copies are included for informational purposes.. The results confirm tie soil maps , The general topography of the site is shown on the attached fA'- ,T.. t+,.{^-+. `:T-^'�-' -- r _.5_' - :-__ -T' Jai_ _,^I"'x;Y;.--_ _ ^-c.r«.�:� 'l.' n.'T'•'=- _.-... _ ' JOB RICHARD G. BARGER, P.E. & L.S. New Hackensack Rd: sHF�r No.. of WAPPINGERS FALLS, NEW YORK 12590 CALCULATED BY DATE (914) 297-9435 CHECKED BY DATE SCALE i ..... -- ...... :.......1. .,..1 .?. ..... .. -. -- 1111 ..:. t ;1111 ......__...-, ... .... .... ..-. _ _. 1111 ....:... ...�..., .,.. 7..1..1.1 ._ a Q 1111..._ ...... .......... .......__ .._ .,1111. ._.. ..... ..... .._...�... 1111.._11117111. _ .. _ : _ ... . I �i - 1111... ......... ._...__.:_..-17_11» 1111.. -_......_._........... �..-, _;111, � - ... _ 1111 ...... .. ....... ..._ _ ... -....17111_111..-- :..........., .... -�- :.... ......... . ... _ - ........... : _. ..._..._ :1111 -- - .. .... .. ........ - _ �1 . .. t . , .,11:1.1. ......... .......... ........ .., _ .. ... - �\ 1, -- _........ ......... ........ ..711,1. .,.. ..,. .. 1111 1111,. - ........ .......... .......... ...... 1111- v .......... �.. _ 1111. ... . ` _ d .... ' ``1 111..: . . _- . .. - 4 I 1..........�. ......,:. - �' --- ob '^ ... 1711. 1111 _, 1111 .. t y_.. ....� ..... -- : . ...�o 1:111 . .::� :1111 t { _0 SIS h, SN- _. : _1111_: ._ t subdivision layout . II , NATER RESOURCES Surface water on the property is limited to natural runoff and drainage. The property is located at the division line between the Wappingers Creek drainage basin and the Fishkill Creek ' Drainage Basin, as is shown on Sheet #1 of the plans. The property is divided by the ridge line between the two ba €€ sins. f Approximately '75 per cent of the property drains to the Wappinger er Creek basin; and the balance to the Fishkill Creek basin. . The I property as proposed to be developed will not be subject to flooding. Drainage plans have been filed with the Town of Wappinger Planning Board, Conservation Advisory 'Council, and Town Engineer. Copies are available for inspection at these offices or at the offices of the Design Engineero WILDLIFE CONSIDERATION • Two classif-icatioas of wildlife are indiginous to the Town of Wappinger. These are as follows Protected Species Beaver Racoon Canada geese Ringneck Pheasant Cottontail rabbit Ruffed Grouse European Hare Skunk Gray Squirrel Weasel Mink Whitetail Deer Muskrat Woodcock Otter Various Duck Species Non--Protected Species American Shrew House Mouse Bobcat Norway Rat Crow Opossum Deer blouse Red Fox Field blouse Red Squirrel Grey Fox Woodchuck These animals normally require only tow grouna cover roz- . rood and forage. IV. MAN MADE FACILITIES a. ) Transportation Facilities i The property is contiguous to Carlen Drive and Peel Lane, and takes its access from it . The roads are Townc..of Wappinger Town Roads , and, presently servei, the residential area along its entire reach. It . ,-.:.,-connects the road to. All Angels Hill Road , and it would be expected .: . that. .some .commercial traffic that is normally encountered in a _; residential area would occur. Mass transit .is not presently available along the road (except school buses) , but it is available along Route 9, approximately 2 miles away, .via the Dutchess County Loop Bus. System. .Carlen Drive and Peel Lane, being Town Roads were constructed to `•servee a res'ide'ntial area, and are 'maintained by "the Town via the Town of Wappinger Highway Department . Traffic control is by way of STOP, YIELD, CAUTION, AND ,SPEEN LIMIT signs . These are . no traffic signals (red lights) along Carlen Drive or Peel Lane, . and none are anticipated , b. ) Community Facilities and Utilities The "Town :of -Wappinger is located within .the limits of the Co.uaty of Dutchess and enjoys all the benefits of this association including Health, Social , Highway, Civil Defense, Park, Planning and Enforcement. Services , etc . The Town of Wappinger has a •` Tow n Board Administration,ation, Planning and toning Boards Police Department , Department of Highway, "Sewer Department and Town Justice to- suppli.ment the County and State x services . The property is located within the Wappingers Central School District , Fire protection is provided by New HackensacK Fire District. The property is just outside the limits of the Rockin;ham Farms Sewer ; Dist'rict , a Town administered district . An existing sanitary --- - *.._^, ,r-*�,': •'�' "^sfi"'. -��'�--* - ',?S';'�l-'." i'+�.,-F�;^Kr-r.''g..i 3 l" y _ r1t� `ri'•,ii m^'.S�-s..)•�:-�7 . -- . .-...-w_ —i.....b ai:I Lil lllj . anis ilne passes in front of the entrance road to this property on the South end of the parcel . An agreement has been reached with the Town to become a tenant to this district. This agreement was reached in a I mutual effort between the Town and the developer to allow the proposed subdivision to tie into the central sewer system and benefit the Town by the developer repairing and rehabilitating a portion of the sanitary sewage collection system where there is a high incidence of infiltration and inflow (leakage) , This agreement has been endorsed by the New York State Department of Environmental Conservation, and the Dutchess County Health Department, A copy of the Engineer 's Report and proposal as accepted is attached as Appendix "A". The property is located within the limits of the "Central Wappinger Water Improvement Area # 111 , a Town District administered by the Town Board . An existing water main is located along Peel Lane, and passes in . front of the southerly portion of the property by the 'site entrance road; Refuse disposal and collection is through private carters . U3tmate disposal of the refuse is discretionary to the carter within limits: of the current statutes, All carters are under the regulation h of the State and County Health Departz_— nts to ensure that the ultimate disposal of the refuse is at a New York State Department of Environmental Conservation approved disposal site. At the present time there are no approved sites in the Town of Wappinger. Any refuse generated in the Towri, is presently hauled to other approved areas outside the Town. V. AESTHE'T'IC CHARACTERISTICS The present site is rural vacant land and as such other than the 'aesthetic beauty indiginous to the property itself, there are no unique qualities to the site . -,-, - ' VI. HISTORICAL, ARCHEOLOGICAL CHARACTERISTICS There are no known historical or archeological characteristics on or immediately adjacent to the site. j D. ) PROPOSED ACTION The project as proposed is to develope a single family residential development . The development layout is shown on the Subdivision Plan on file with the Planning Board of the Town of Wappinger. It is proposed that a 66 lot conventional subdivision be created with Central Yater and Sewer facilities , The subdivision will be, developed in a single .phase lasting over a period of 2 -- 3 years . In the development of the subdivision the developer installs essential facilities , i,e, water, sewer , gas , electric utilities , roads , and lighting as required. This will, be. accomplished in a single phase. In .effec-t.,thow-ever , each . lot '',becomes an :,added phase of construction. Once the lots have been created the developer intends to sell the lots to builders and future homeowners . '.'Construction of "`t'he subdivision should com:ience early in 1983 , and .continue through the year and possibily through 1985. The 7. maximum anticipated life .of the construction phase .of , this ,.project ."Years . Util.itiy planning for this project includes : 1. An internal sewage collection system tied into the existing sewage collection system along Peel Lane which is tributary to the Rockingham Farms Sewer . Plant . The Parcel will become a tenant to the Rockingham Farms Sewer District . _.. _-.. ..�,.,,Z. .c, ., "'.'r.;.r..;-'r4-'f�r., . --'.s-y _- r..._«,�.�r r..—, _.- _ -;•-.x;.,7ri'_C!r.-^;T'h�;"'4_^""'_7'^7'..,'«,:'"7�^'T'r'_—7-7. r, _..�-.r.f , ,"� + 2 . An internal water distribution system connected to the existing Yater A-lain along Peel Lane. The property lies within the "Town of lVappinger Nater Improvement Area Y1" who owns and maintains this line and the water supply appurtenances . 3 . Electric Utilities are provided by Central Hudson Gas and Electric in conjunction with the developer.. All electric utilities will be placed underground. 4. Home space heating will be by either piped natural gas,' or electric depending on the preference of the builder, and homeowner. At present the developer has already obtained commitments from Central Hudson Gas and Electric , and gas service will be available to each lot . 5. Storm drainage and runoff will be discharged to the existing Town and County systems consisting of curbing, catch basins , and piping. This project is to be known as Carmel Heights , and it is intendedto convert idle land into a conventional subdivision. The use of this type subdivision will allow an aesthetically controlled development of the land in keeping with the rural nature of the area. E.) ENVIRONMENTAL IMPACTS in evaluating the project for environmental impact, the following were determined to be areas which may have a significant impact , and therefore, were investigated. 1 . Construction of Development 2 . Erosion Control During Construction 3 . Drainage 4 . Water Supply 5. 'Sewage Disposal 6. population Increase 7. Aesthetic Impact 8. Natural Resource Usage Potential impacts from noise and air quality were evaluated and dismissed as their impact was considered to be negligible. 1. Construction Construction will commence as previously stated a single ; phase . Normal construction practices will be employed to eliminate noise, fugitive dust , water. siltation, etc. No impact is expected off site with the possible exception of a small amount of incre'aged construction traffic . Construction debris will be hauled away to an approved sanitary or construction landfill. The construction is unique in that there are adjacent existing. homes in developed subdivisions , and there will be residents in the immediate area of the new construction. There will betruck, equipment and other traffic ':throughthi.s improved area. The impact is unavo.i.dable , but may be part,ia,lly ,mitigated through proper traffic- control, rafficcontrol, equipment ` and construction scheduling. This factor 'is a significant consideration as it relates to this subdivision. 2� 'EROSION CONTROL DURING CONSTRUCTION Since this project is to be constructed, in a single stage, the implementation of the erosion control measures 1s essential, and the installation of the roads and buildings must be coordinated in order to. minimize the amount of siltation exiting our property. Before any construction is begun, several temporary holding ponds down hill of the construction areas , must be constructed, and the connection ' swale to this holding pond , be installed. These ponds and the connecting swales will be located as shown on the Conservation Plans submitted to and on file with the Town Engineer, Town Planning Board', and _Town Conservation Advisory Council. -•`•: ....-.r:r- -- •�-Tvc-_ _- - . -. F rr-aG- -;;;: V During the construction, the holding ponds will be constructed with the appropriate control structures , including a hay bale berm and fabric fencing for siltation control . The holding ponds shall be maintained, and periodically cleaned during construction to eliminate the bild-up of silt and it's, carry over in to the exi the llesign -bngineer. 3 . DRAINAGE The proposed site is located in the Fishkill Creek and lVappinger Creek Drainage Basins as illustrated on ' These g sheet o€ the plans, basins are divided by a ridge which runs through the property '(plans - Sheet 2) Drainage from the subdivision to the Nappinger Creek Basin . will travel down hill in a northerly direction via a new catch basin/storm sewer network - to the existing storm sewer on Carlen Drive . This system was previously determined to be adequate to handle storm flows from Carmel Heights.. Another portion of the runoff will travel to All Angels Road where it will enter the Dutchess County Storm Sewer system. The" dPainage "-to the south of th- ridge `is "tributary -to `the Fishkill Creek. he "storm drainage on the south side of the ridge will travel in a southerly direction' ` . via a new catch basin/storm:-.sewer system to the existing storm sewer ' on Peel Lane. 4 . WATER SUPPLY ;The proposal ,for the ;water :,supply ,,fDr :the ..pr(?ject Ais,,.,to obtain water from the Town of i''appinger Water Improvement Area #1. The property lies within this district . No adverse impact from the creatio) of, .this subdivision is anticipated. 5 . ,' SEWAGE DISPOSAL Sewage Djsposal , as previously stated , will be °via •a sewage collection system connected to the existing Rockingham Farms District , an existing line of which runs along Peel' Lane. At present there is adequate dry weather capacity at the Rockingham Farms Wastewater Treatment Plant to handle the additional 27,060± gallons per day of sewage or approximately 66 lots . This information is based on Town Records on file in the Dutchess County Health Department . -'ky 7 ';w.`:_-:�..- _ -„","':`-"'�r%.""..:�a..,4r,''•-"t._'P :j,�.�';`,.^'iT�,-^:-•,r?� _T�1. r�;. Also, as previously noted the Rockingham Farms Sewer District does experience a severe infiltration/inflow problem during the ." the. wet weather periods . A Penetryn Report indicated specific areas of suspected excessive leakage. The developer has agreed t'o repair a certain percentage of this leakage in return for allowing a: tie in to the sewer distract . Attached as appendix A is the Engineer Report proposal as well as copies of . the approval letters from the Town Engineer, Dutchess County Health Department and New York State Department of Environmental Conservation. .., As a result both the developer and the Town will mutually benefit. 6 . INCREASED POPULATION The project as proposed will generate 66 single family homes on 66 separate parcels , Reference is made to an article by George Sternlieb and Robert W. Burchell as published in Urban Land , January 1974; "THE NUMBERS GAME". Ass uminb a maximum of three bedrooms per home, a population projection can be made. using a multiplier of 3 .349 persons per unit = 221 people. Projection of school age children c'an be done using similar projection factors determined by Sternlieb And Burchell as follows : Kindergarten : 66 homes X 0.097 students/home = 7 Grade School (1 - 8) 66 Homes X 0.45 students/home = A0 High School ' (!q -- 12) 66 Homes X 0. j0$ students/home , = g Total Projected Student Population 45 The property lies within the Central Wappingers. _ (�Pingers School District . The students would attend the following schools: Present Breakdown Total . Po ulation Po ulation . ,Myers Corners Elementary School, K - 81 1,067 , 1st to 7th =986 -{ �--r .a,-r_+r.,.=.....,�;_,...-.. -"`---- "r-:F'--. -,-n-.m.-'T.^:-.T.�--"._. j -..r.;-r- -T--, T�--•,-.ti,-r Population Population Wappinger Junior High School 8th = 470 965 r 9th -- 495 1 Roy C. Ketcham High School 10th to 12th 10728 1,728 Total Existing Student Population 3 ,760 This breaks down as follows : Existing * Increase Due Increase to Development Kindergarten (K), 81 Grade School (1-8) 1,456 30 2.1% High School (9-12) 2 , 223 8 Oi.4% Totals 3 ,760 45 1.3% Information on existing school population was provided by the ., Census Department of the Wappinger Central School District . Additional traffic generated in vehicles -per hour should not exceed x57c •of the Average Annual Daily Traff "c '-.(AADT._. Assuming a maximum AADT of 4 trips per day per dwelling unit the AADT would -,be,-264 vehicle trips per day , and the resulting. Peak Hourly Traffic (PH Would be 40 trips per hour. These are conservative estimates based onguidelines suggested in "A Policy on Geometric Designing of : RurAl ,.Highways" published by the American Association of State Highway OffiCi.als . .:. It is noted that there are two exiIt. irom, the subdivision leading to All Angels Road i.e . Peel- Lane and Carlen Drive . "Normal capacities on two lane rural roads are 1700 vehicles per hour at 'an ,°operating speed of 35 miles per hour, and 2 , 000 vehicles -per., hour at an operating speed of 30 miles per hour.. All Angels Hill . . .. .E - - . Road -3s: a 22 - 4:4' „blacktop" road capable of carring capacities above those. suggested for a rural road. E;?.-r rr77 ?2^. y�`x .' '""9;�...y��....,c� ..,• '7r-r. i No traffic counting data is available for All Angels Hill A ' Road. Impact loading at the intersections of Cidar Mill Loop or Carlen Drive and All Angels Hill Road will increase 74 vehicles pe.r hour during the peak hour. (Assuming a 115% peaking factor) . Listing the estimates for the rural, road, the increase in traffic would be 2.0% to 2.57, of the maximum carrying capacity of this type of road at the peak hour. No significant impact is expected as a result of this increase in traffic. Fire protection in the area of the site is provided by the New Hackensack Fire District , and the addition of 66 homes to the district is not expected to have any , significant effect on this service. - The nearest Firehouse is approximately mile away. Refuse disposal generated by the development , as previously stated , , is 'by way of private carters, and the refuse will be disposed of at approved sites outside the Town limits. The added load is 3 pounds of refuse per person per day or about 2,2 tons per year per household or about 150 tons per year from this development. Aesthetically.: the development is in strict confornance with the --surrounding developments . The area of the surrounding property. is . ; almost entirely single family homes from subdivisions created in the19601s and 1970 's (i .e. Ye Olde Apple Orchard, Edge Hill planer, f Dutchess Heights , Gold 5ubdivison , etc . ) . This is apparant when viewing the area map as shown on sheet 1 of the plans . This parcel has .been the only undeveloped piece on the easterly side of All .Angels Hill, Road. In summary, although there will be the impact of another housing 1. development• in the Town of Wappinger, the impact will be assimilated by consistant adjacent housing, and modern ;planning layouts, resulting in an aesthetically pleasing project . t ,T^,'w"":_,t c;'1't-- •+- .:<rT r —'-�.. 4-;^.,+.��---r.,. 1 7. IMPACT ON NATURAL RESOURCES The development will create 66 additional homes in the Town of Vappinger. As a result of this increase in dwelling units there will be an jncreased demand for energy use on an onooIing basks . This . is the only permanent impact on the Natural Resources of the Area with the exception of the permanent disturbance of the site by "the creation of the development itself . The impact of the development will be mitigated as is shown in this report . The impact of the increased energy use will be mitigated through the .,, construction of energy efficient homes built in with the. New York State Energy Conservation Code. Increased energy use by automobiles can be expected, but not . predicted as a result of the development . No significant impact :is expected as a result of the increase of automobile usage . F. ) ALTERNATIVE ACTIONS The following list' illustrates alternative actions considered by the developer. 1. .. Concept_of the Project a. The use of a cluster subdivision was considered . The developer opted for a conventional layout in keeping with the surrounding ;pre-established -single family residential area. b. Non-development of the parcel was considered leaving the land in a non altered state . The benefit to the Town. aad the developer was limited to aesthetic values and this concept was abandoned and the present proposal developed. From an economic viewpoint , this alternative was not appealing to the developer as the ownership of the land is an investment . As such a return on the investment is �...- r'""7.+._" "`.,y?^...,t..q ...T. _, .. _ ., ...': -'S�'/�9^T'.•:-T+ l7a'-r.V•-r^l r-^y�m---°'.--T'.Ta,+-.'d-^�.... desired by the developer. Non-development does not provide a favorable rate. of return. 2. Utilities a . 'Water Supply i) Private Water District ii) Individual wells iii) Independent system within TWWIAr. be Drainage I i) Flow diffusion of all stormwater ii) Point discharge of all stormwater NOTE: Item ii of the above was selected. be Roadi Layout i) Cluster Road d . Sewage Disposal 0 _ Individual subsurface sewage disposal systems ) ii) Central sewage system (Rockingham Farms Sewage District) . G. ) PERMIT AND A'PPROVA'LS REQUIRED PERMIT PERMIT AGENCY Preliminary Subdi..vision Town of IVaPp g in er . Planning Board Approval Water Distribution System Dutchess County Health Department - .-Approval Sewage 'Collection and Pumping Dutchess County Health Department System Approval Drainage Plan Approval Town of Wappinger neer Dutchess County Departmen1Public Works - Entrance and Internal Roads Town of Wa ' Plan Approval (if required) Highway Superintendant Engineer and Environmental Impact Statement Town of lVappinger Planning Board Acceptance Final Subdivision Approval, Town of Wappinger Planning Board Dutchess County Health Department Subdivision Approval Dutchess County Health Department L6'tters of Intent to Supply Administrator of Yater & Sewer Systems Utilities Electric Utility, Cable T.V. • H. ) CONCLUSION The project Carmel Heights as proposed is a development compatable with the surrounding area . It is . in compliance with the current zoning for the parcel . As developed it will be aesthetically { 'pleasing and an asset to the community as a: whole . . The site has favorable drainage features and utility service to !the development is adequate. I .)• ,�BIBL`IOORAPHY 1: American Association of State Highway Officials- "A Policy ori Geometric Design of Rural. Highways - 1965". 20- Howard A .': Kalley Jr.- "Planning Guidelines for Dutchess County Drainage 1968 3 . G. Ayer 44 F.. Pauszek, United States Geological` Society- 'Streams in Dutchess County, Bulletin 63--1968" . 4. ,Local Law #2 of the Town of Wappinger. 5,'' dew _Xarks.,`Stats" Dep-artment 'Of.;Environmental 4Cons-ervation "SEQR. Handbook for Local Government - October- 1976". 6. New Yorks _Department :.of ,Environmental Conservation - "Guidelines for Preparation of Environmental impact Statements , September 1, 1976". .7. New York Department of Environmental Conservation "EIS Preparation - Draft 'Guideline #3 8. United States Department of Agriculture "Soil Survey - Dutchess County, New York" . w- !� _ - '.r' •_rte S1 , iS Y `' .' _ .• �(�. I .Iwl'�_ `\` ��� .�., �I � ..... SII,� } 1 .,. •L` � _ I `., .. . IT_.,r1• ��.lf uln �... - f � l�� I 1,. - r I � ..�..... , h F (• � � - - u I _ 33 1 ftll� �f 1• � - E NEW YOEi{ SxAxr. 1 4 I .r � tiF 1i 1 I^^ •1• 1 _ ... I._...._._ .. COUNTIES Figaro ,-MaP of Ifrw York 2Q Y �.0 ;"4�• `lig _ 1~ � — - '�`"`;' -'''iti -_�+• ���= -"`�:``ti' - r E �� � �-�.• ;I�� U t _.� � '' "f,r, ��'���`. `fit �)� ��,�',- _ ,• _�'"1 ^r z 0 TOV11\1 0E WAPPINGER SOUTHERN! DUTCHESS PLANNING ARE R20 �� 1 y P1 lA R 80 1 t omily RvsiJem r. 1)i I Fiuni(y kcsidence R 10 1 I'r,rmly Rw,'i Ionrt Oisl:r; t 7R MF 3 Multi f omily kesicfc -;c: i��•.E::, I d 1 JvA;1C� .—_. .•�=.�` _ �ft M)-�S Mu1,r 1 clmily Rosi fulll v PUD f`lnnnecf Urrrt Devel'opme:rll R-4! NB I�it�ict�rhor�``rael� G1s Gc n; l crlusine:55 Sc ;iflpphirlFj Con!( -� - 1 fR 2A Highway 1tiij ines; ,' •� •+1� ' o`+ '� r yid\V, l ^•e :. HB 1A Higlivvay business l Ai i'�' OR-10A 0ffictr;Research lI0 Acre's OF 1A Office,%`Rcseeirck 1 Aere AlF` lA 'Air Icer! indu�;try- .1rr�° r 1 P1 ?A Plaimed loduAry n .:�� r+Tri---r-Sy 1.f_ T. _" _ _-.•�_.'_ -. .,.._.. - _.µf .. �r .. , ;1. , i - RICHARD G . BARGER LICENSED t _ Professional Engineer &Land Surveyor NEW HACKENSACK ROAD x WAPPiNGERS FALLS. N- Y. 12390 AREA CODE 914 297-9435 297 . 5775 I r. February 19 1982 New York State Department of Environmental Conservation 202 Mamaroneck Avenue - White Plains , New York 10GO1 Attn : Mr. Joseph Marcogliese , P.E. Dear Mr. Marcogliese : Asper your request , attached is a report which indicates the feasibility of adding additional homes to the Rockingham Farms Sewer Plant by correcting some of the inflow/infiltration problems- that presently exist with this se,,�,er system. This concept was presented to the 47appinger Town. Board on January 25, 19822 and, wa.s., wcll :received by the Board members . Your quick respopse will be greatly appreciated. If you need more information, do not hesitate to contact me . Very truly yours_,--� - `��.?" '� �_�—/�/, . ''f- �fes` • /�n E. Railing, P.t, JER:mo . Enclosure C .C . Mr. R. LaPar Mr. J . Napoli Mr. Z. Segal " Z & M Development Corp. , Wappingers Falls , New Fork , is in " the process of developing about 65 acres of land off All Angels � Hill Load . This subdivision is called Carmel Heights . Section I consisting of 35 acres has already been approved by the Town, and the Dutchess County' Health Department . (Filed Map #5457, August 1978) . The approval is for individual subsurface sewage disposal systems for each lot . An application for approval of Carmel Heights Section If is before the Town of Wappino-er Plan- ning Board . The developer indicated his interest to install a central sewage system to secure this entire project (estimated 60 70 homes) . The reason for this interest is tlln.t the subsurface sclwa�e systems are large , and expensive and optimum use of the land cantiot be achieved . Carmel Heights i:s located just North of the '.Rockingham Farms Sewer District (RFSD) . From a technical engineering- consideration no physical. impediment exists to prevent hook up from Carmel heights to RFSD, ;However , excessive inflow of rain and surface .water exists in tho RFSD -whiFh results in -daily flow rates well above the plant capacity . This condition has resulted in. a moratorium by the N.Y.S. D.E.C . and the. Dutchess County Health Department , stating that no new hook ups shall be allowed into RFSD until the inflow/infiltration problem has been resolved . The developer in his desire to hook lip, has proposed to remove , inflow/infiltratiop floes by repair work to the RFSD, thereby making available . an equal amount of flow capacity for hook up, for about 70 4 homes. Using the N .Y.S . D.E.C . design standards of 400 GPD/home , the design flow would be : 400 X 70 - 28 , 000 GPD However , it has been demonstrated in the past that such a design figure is high and that 250 325 GPD/home is more realistic . Even this flow rate is conservative based on daily flow data from RFSD plant . This data indicates that on dry weather the daily :flows range between 160, 000 - 180 , 000 GPD, „There are currently 800 homes using this plant : I 180, 000 225 GPD/Home . 800 i Using the 325 GPD as a good design, figure , the average daily i flow would be : 325 X 70 = 22 , 750 GPD. Based on our engineering judgement , it would be safe to assume an average daily flow of 23 ,000 GPD generated by this new development . In the November of 1979 report by Penetryn System, Inc .' "Tri- Municipal Sewer Commission Wappingers Fail.-, an inflow/ infil- tration problem was established in the RFSD by various methods such as smoke dye and ``TV cainera . This is confirmed by examination of the BMW88 ' s submitted for the plant in. the office of the Dutchess County Health Department . The data indicates a direct .relationship between rainfall and excessive inflow into the RFSD. Since normal dry weather flow to the facility (no rain, low ground outer) is in the range (-if 160 , 000 180, 000 GPD, additional capacity of 200,000 GPD exist for our projected flows . It is proposed that 25, 000 of infiltration/inflow flows will be removed by repair work to the RFSD as indicated in the Penetryn Report of November 1979 . Assuming a gallon for gallon trade off is possible , repair work in the following areas would be completed : (a) Manhole Rehabilitation - - As per the Penetryn Report , manholes requiring work are shown on the attached table. Note that manhole 68 has been revised to include the "water leaking through the manhole walls' which was omitted in the summary . Other manholes not listed in the table include Manhole's . 47 & 49 . These will also be repaired . �C) �3 � v (€�) Isolated Leakage --- Rain induced infiltration was determined to be 8 ,640 gallons per day for manholes 5 through 14. This covers 4195 lineal feet of sewer main through an easement . It is proposed to repair this section of line by inspection and resealing; methods . Assuming 90`,10 recapture the reduction would be 7 ,776 GPD. (c.) Suspected Open Joints -- .Sewer lines suspected to ,have tie�er°e open joints are listed on the -attached "inflow Rehabilitation ,ProgramSummary" , these include manholes 27 to 29 on Cider Mill Loop and 20 to 32 on All Angles Road. The suggested storm sewer flooding and necessary repair will be done on tk�.is 147 ' °af line .will progress until :substant aI JeRk,1.ge is eliminated to exceed a cumulative removal of stormy;iter to 24, 000 GPD. Obviously , substantial cost is involved in this rehabilitation . It is noted that the gallonages listed in the Penetryn Report are probably conservative , and based on the RF1VTP inflow vs - Y-ainflO++ patterns , the amount of inflow/il;filtration removed should Exceed that projected by this report . SUMMARY AND CONCLUSIONS The applicants desiring to become a. tenant to the Rockingham Farms Sewer District are requesting permission to hook into the RFSp and in return will remove 24 , 000 GPD infiltration from the RFSD. O S U t �h �IHFIL - O ,m u X z � is •, �{ T �. 0 :-r M . t p R T Q 1 4�ft a { e c� 1 b O 0 I�j ;, - - N N N N N rcn WW co I ► ll1 Ln a u+ Iw C!] (1] [f} G7 G7 OF Ln t!1 Ul U1 t- C '• ' r t p ]' `s O O O O J 7 I (D CD t7 0 rD (D @ (D @ @ J iD tJ 0 (D (D rt tt rt rt it Cr Cr rt rt It L'4 t"I M T , Lo 9 R n m -• }- N N 00 Xh N QO .P A W F' fw LjDl C71 pp P CT 0) ',La ,A .A. A ul I•' t•-` V, l7 .T", - "o' 'F m I Ln In .4'n N LQ [n Ln UI OF - N UF, �-'• N• H. r- Y• (b ra rt rt. ft ft rt (t r r r u (D @ @ CF ? N r to w w,.. 4L H o rt rr r r -, ,J r 0 0 0 0 x c M G w a w w p w rt ft ft rr rt rt rt rt rt rt F4 rl ro @ ro @ ro (D @ @ D m w n+ Co - � - rt ft rt t* rt rt (t. rt rt rt @ @ (D rr rt rt rt . cr T T rt (t Cwt n n n n n n n n n n r o 0 0 ro (D ro ( EaiN N 00 ,Ls N n Jl� a .A w F-' I '- u" - G1 Cl co rA Ol «� C7 �} l CVz� Q C] O C] O O O O C] W i ' tD I- W —r' (� n F ' !--' k-' i✓ �' �N.' d UI Ln Ul Ln iJl Jl Sl uq n11l O C) O O O C? O O O O O Q O O O Q N N C7 h' N r� vi h-' U7 A Q 09 j co co CO _1 ra CC) In C:) n 1+ :D -7) c, H o ca cu 64 / 71 7 6f1vo -�EuE'10- MI r� YSTEM,' /: j S.�1QKEiNTROQUCEQ L Cy ha. o N.�.. .,r,r� �c ® LEAKS 't�9 ':IrIF Tbt�l Ho. of 0018 is Found .• _ ;;N OF FLOW � fXH18ii :as3N Total blatancy Taated--..��S FT Cy�EF =,wCKE LEAK er: QATE• P44tEC' vQ, ^f .�/..f_M y.T.S. "t _ _„1 PE1lETR1'M S75TF�, JNC. E F i • t i n1 S'''t' r ' f r• f MINI-SYSTEM: KE LEAKS A M.HHOLE EXHIBIT p DolMj -dHSRS SMOKE IHTAOOIlCfO Total Ho. of 0afoats Faund.��-� y Ea ?IOC PAINTC FT A9alECT NO. .a 01REC1:03 OF FLO'A Total 013tance Tented ® :,TCH AAS14 4ATf: SCALE: J�';✓ BC; �,. N,T.S. YEHETArN SYSTEM. IHC. ?t L`JCATICN OF SMOKE LEAK /��'� 7 .jl . . - t FLOW I.: OLATION RESULTS -- CPITERI❑N = 11 GPDIM � ,.'.x'.., ! Ob4444o•4�-�'440-�Oa0-4•'bOY0��9�a�+V�ac•do�ase4�oP♦ A0040�PPP�PaP r MINI FN❑M TO IlIR. ANGT FL0Wl T❑W TOTRL "€ SYSTEM LOCRTION MH MH IN FEET GPI) FEET GPD I,FPIM �r�. 45y4-40� OQ-�-Q-�'bfiOP4q.r44+�0� �i��-J OF4� {�O� 04P4P-4 O 44P�0• O�OOP doa *�'.Y t 103 CIDER MILL LOOP 65 66 :3. 0 3M P640 342 0640 16674 H. 4:3�T" 5:35 I� +RC1 IOB ALL ANGELS RD. 5t. 515 :3. 0 :D75 5140 910 18000 0570 1 OB HILLTOP DRIVE 44 43 8, 0 112 1440 1 022 19440 8486 10B EDGEHILL DRIVE 50 54 9, 0 `G O 2060 1302 215.1)1)• 40Y, 10B EDGEHILL DRIVE 51 50 3_ 0 _ 205 1440 1507 22940 36K, 7 ' -`� 10B EDGEHILL DRIVE `_i 3 52 :3. rl :34.1) 22b11 1347 251 00 -111% 10B HILLTOP DRIVE 42 33 8. 0 299 1440 2146 26540 31713 .a 52 IOB EDGEHILL DRIVE ,� _ �_ �1 •.�. ) 31:3 1441] 2464 c7930 `,� _ ', . I OB EASEMENT INAl1 1) 10. 0 259 1440 23 4�0 "}� . 0i • < :•� �: 111E ERSEMENT 10 i ` 10. 0 389 '160 X31 12 315s o 2& "'''lQ 10B EDGEHILL DRIVE 54 5:3 8. 0 345 1440 3 457 33020 1744 10B ERSEMENT IUD 4 3 10. 0 452 2160 3902 35180 - �. I O,B EASEMENT 1 0B I '-1. 0 317 1440 4226 36620 �_;�;=. ja0l1 Ion EASEMENT 10B 1 0 Q 10. 0 34.5 1440 4571 :3:31:wU 2204 IOD EASEMENT 104, 1`3 12- 10. 0 355+ 1441:1 41" 39500 2136 Ion MAGOURR RD. 51:1 45 8. 0 445 1440 5372 40940 214 10B . EASEMENT 10B 14 13 P 10. 0 36 0 1440 5732 4w.33 0 2112 %? {3 LOB EASEMENT LOB 2 1 10. 0 400 1441_] 6132 43320 150 i f.. - 10B , CIDER. !'TILL LOOP 53 ._C r 8. 0 298 i 20 64.,5.1 44141.1 150C' �' � rl r Ion EASEMENT 10B� 17P 17 S. 0 242 0 6672 44540 '=f 10B EASEMENT 1613 t) ._;`�_1 i1. 0 1 1 n 0 6782 44540 r► I OB ' EASEMENT LOB h 5 10. 0 :359 0 7141 44540 1:1 ' r 1 OB EASEMENT IUD 235 0 7316 44540 l i EASEMENT 10 B3 `50 0 7626 44140 1 On , EASEMENT LOB3 10. 0 0 7988 44540 DEER RUN 15 14 9. 0 2:32 0 82211 44540 I'I Y.r�•` I1lB DEER RUN 16 15 8. 0 2311 0 8450 44540 1) o ! 0 DEER RUN 17 16 8. 0 303 it 8753 44540 1) DEEB RUE18A Ih 3, i 267 : ? 11 4451Il1QB ir: y r r 10B DEER RUN 13 14 8. 0 320 it 9340 44140 i1 LOB -- PYE LR. 2:3 26 0. 0 496 0 9836 44540 +.1 IOB PYE LN. 32 30 :3. 0 612 0 10448 44546 1:I ..: i OB NHMRTH PD. 34 :35 8. 0 361: 0 10817 44540 Il f ` Ion NttdIRTH RD. 35 33 8. 0 377 0 11194 44540 i1 AOB NAMATH RD. 36 35 4. 0 336 it 11530 44540 0 >+ s 11,8 NANRTH P. E 1 37 -t . :37' 353 +3. 4 J.' O 1 11 ' 445 0 II 10B .EASEMENT NAMHTH 3:3 37 0. 0 227 0 12164 44540 Cl 10B EASEMENT NAMRTH 39 39 8. 0 215 ' 0 12379 44546 1) HILLTOP DRIVE : 1 3' . 0 0 1259' 44540 010D 2 1 109 HILLTOP DRIVE 41 40 .3. 0 137 0 12796 44540 ,:r HILLTOP DRIVE 41 42 :3. 0 299 0 13085 4.1540 1:1 FLOW ISOLHTI[ltf RESULTS --' CRITER IElN = 0_ GPDIM � oa�a�►oo �-e�•oe�eac-oo-o„+•o�-sae-o•oa ?I�4I FROM TO DIR. LENGTH FLCIt%l TOTRL TOTRL t SYSTEM LOCIRTIOM P14 MH IP+_ FEET GPD FEET GPD GPDIM e�o+•ob _,. o�'oa o•�ase,^�'oo. 'ob.eo1s'a o�oa• eoaaa 000a� o�.bac-o. :, , 10B HILLTOP DRIVE 45 44 8. 0 eel) 0 13285 44540 0 � 10B HILLTOP DRIVE 4b 45 9. 0 238 0 1.3521 44540 0 , 1OB HILLTOP DRIVE 4r 46 8. 0 79 0 13,900 44543 is i .1 OB HILLTOP DRIVE 45 �#p t1. 0 ,281 0 14080 44540 �) 0B CIDER MILL LOOP 68 69 Z?. 0 5lZ 0 141.31 4. 540 lZ _r]B ' CIDE.R MILL LOP � oa �� 2. o 225 0 14,355 44540 0 j 10B CIDER MILL LM.P 5`.? 5 0 111 0 144t;6 44.540 tl I OZ- CIDER BILL LOBP 60 5a 2, 0 11-5 0 14641 44.554 k1 L1 LYE C IDER P7ILL LIMP 1 5- S. 0 Z. 0 149:7 44.540 0 i� +"+IDEP WILL LL' . c:- 1 3. 1� 159 0 15:V44!,4�� l:0B CIDER MILL LQIIP 03 wS. ti y1;t1oB CIDER MILL LQI3P o-1• ca tea. 11 10 l) 0 1549: 44540 1:78 IJINSRP LR. r�1 :�. 0 3`U 0 , 122e ;}. 5c �3 t} j'1).,'B W I NSRP LH. . 73 4 :3. 11 101 0 1592? 44540 0 1 'B i.JIMSAP LFA. '. - ?? 3 :3. Ll 1t�3 0 itat3:a8 4454�� PCNRTRYm /YAT[IJ, INC. CD i 9 $ rr 2 0. S °j nt f ei New York State Department of Environmental Conservation - 202 Mamaroneck Avenue, White Plains, New York 10601 Robert F. Flacke Commissioner April 30, 1982 Mr. John E. Railing, P.E. Richard G. Barger New Hackensack Road Wappingers Falls, New York 12590 Dear Mr. Railing: As per .my recent discussion ti�dth Mr.. Segal, ..:and .in accordance with "the conditions listed in. his 'letter •o'f ' April 12, 1982, this Department has no objection to the connection of the Carmel Heights Subdivision to the Rockingham Farms S.D. Wastewater Treatment Plant. Formal approvals for the project must =be -obt.ained=frrom the Dutchess County Health Department and ,the Town of Wappinger. i 4ery.truly-yours, iq/e FI, �JMa ogliese, P.E.1i Senio ScUitary Engineer JFM:bz cc: Town of Wappinger Jim Napoli - D.Itchess County Health Department Z & M Development Corp. 12 Plaza Rood •`7 Wappingars Falls, NY 12590 914-297-5218 April 12 , 1982 New York State Department of Environmental Conservation 202 Mamaroneck Avenue White Plains , -New York ' 10601 Dear Mr. Marcoglies : ' As per your request , .this is to document our telephone conversation on April 7 , 1982 : -As I indicated to •you, I see only advantages to all the parties concerned if you Will approve my proposal to repair the inflow/infiltration problems at the Rockingham Farms Sewer District (RFSD) and allow me to hook up Carmel Heights to, this sewer plant . The advantages to the D. E .C . are obvious . The Town of Wappinger is presently unable or unwilling to correct the condition at this sewer plant which is unacceptable to you. I am willing, as the developer of Carmel Heights , to invest money to improve -this sewer plant : ° I offered you to go beyond my original proposal and remove an additional 5 , 000 GPD of inflow above the original proposal of 20 ,000 GPD. I am sure that you are aware that some of these inflow/ infiltration values are very conservative and are based on a Tri Municipal report prepared by Peaetryn. The inflow through a break in a pipe is closely related to the amount and level of water near that broken pipe. ' The point I am trying to make is that the. 25 , 000 'CPD of inflow that will be eliminated could turn out to be 50, 000 GPD or much more during a heavy rainstorm or when water tables are high. The residents of Rockingham Farms Sewer District would welcome such a move . It will mean more money coming into their district to provide for maintenance and potentially lower rates because of the added homes paying double rates . Additional improvements to this plant in the future by the Town are more likely because there will be more tenants to share the cost . Carmel Heights Subdivision has already been . approved by the Town for individual septic systems . Because of the type of soil Z &_ M Development Corp. 12 plaza Road Wappingers Falls, Nil 12590 Q 914297-5218 - 2 in this area these systems are large and expensive and optimum use of land cannot be achieved'. I am therefore very interested to install a central sewage system for the entire -project . In view of the above informat�on ' l hope you will review my proposal and approve it to the benefits of all the parties cencerned. If you need additional in.formation. I will gladly provide it . : Seg C . C . J. Railing P .E . DUTCHESS COUNTY DEPARTMENT OF HEALTH 22 Market Street Poughkeepsie, New York 1' 2601." a r June 7, 1982 Mr. Louis Diehl, Supervisor Town of Wappinger Mill Street Wappingers Falls, New York 12590 . Re: Carmel Heights Subdivision Sections I and II Town of Wappinger Dear Mr. Diehl : This office has received a proposal from Richard G. Barger, P.E. for a central sewer collection system to serve the above refer- enced subdivision and for the sewage generated from this subdi- Vision to be discharged ,.through this system to the Rockingham Fa-rms Sewage Treatment Plant. The Engineering Section of this Department has reviewed the engi peer' s reports submitted in support of this project, the favorable- decision rendered by the New York State Department of Environmental Conservation by letter from Joseph rlarcogliese dated. April 30, 1982 , and the resolution adopted on April 12 by the Town Board of the Town Of Wappinger permitting Carmel Heights Sections I and II to become tenants of the Rockingham Farms Sewer District. Based upon our review of the above delineated information, this Department hereby approves the concept permitting Carmel Heights Section I and TI to become tenants of the Rockingham Farms Sewer District. Approval and/or authorization to operate these sewer lines after construction has been completed will only be granted after the re- quired plans , specifications and reports have been submitted to this Department, received approval from this Department, the De- partment of Environmental Conservation and the Town of Wappinger engineer for the Rockingham Farms Sewage Treatment Plant. Carmel Heights . 6-07-82 Page 2 Further, certification of construction and testing compliance' must be submitted for review and approval prior to authorization for use of the sewer lines . If I can be of further assistance on this matter, . please do not hesitate .to contact me at 485-9820 . Very truly yours, ack ` R. 'Hill Director Environmental Health Services .JRH:ds .,Cc: Rudolph ' La'Par Richard Barger Joseph Marcogliese Z & M Development Corp. Haki Ozbe3c rtu�llt,rt[ L. LAVAR, P.E.,P.C. Consulting Engineets Home: 274 ALL A\GELS HILL ROAD Mein Office: WAPPINGERS FALLS, N.Y. 12590 90 EAST MAIN STREET Phone: 297-3935 WAPPINGERS FALLS, N.Y. 12590 Phone:297-6272 June 4, 1982 Mr. John E. Railing, P.E . c/o Richard G. Barger, P.E . , L.S , New Hackensack Road Wappingers Falls, New York 12590 Re: Carmel Heights Subdivision Town of Wappinger Dutchess County, N.Y. Dear Mr. Railing: . We have read your report and agree with the general approach. However, I recommend that the following be added. Z. Method of repair of lines will be determined by Mr, Segal 's Engineer in conjunction with the Engineer to the- District (Rudolph E. Lapar) . 2. Upon completion of the repair adequate, testing will be made to prove that the repairs have been properly in- stalled. An air pressure test with the flow being by- paseed (by means of a pump) seem to be the easiest. method. Ver r ly Yours L3✓t� Rudol h E. Lapa P.E . REL/1r cc: Joseph Marcogliese, NYSDEC James Napoli, P.E . , DCHD J.R. Hill, DCHD DUTCHESS COUNTY HEALTH DEPARTMENT Deep Test Results Date / ha !I . Name of Property�..rLC a�a P- t .,,4c.iG VIA- UV-C.) Owner of Property_�C` t M _Engineer_ Person directing test By (D.C.D.H.) e Hole Lot Total Rock Water Number Number ^De tjh Depth _Depth Soil DescriDtion � n I� 1 Loa 5���� G`rd 2 3 2 '� Z 'Z '' �-- Z' z ,CQVIA (� ::o 27 `7 „f IV z LA 1A I General remarks (terrain, weather, springs, streams etc.) / V2 Lq -1 22 f I I I r ,,,o , �. �. �, . . tw ,- - � .. °.�, ' c ° PLANNING A wR D w„, wl TOWN OF WAPPINGER "TOWN HALL VWAPPINGEECS FALLS. NEW 1V'oft}6 12190 _r l"EI4,. 297-6257 September 2nd, 1982 Mr.. Zvi Segal & Mr . Maks Etingin Z . & M. Development Corp. Plaza Road Wappingers Falls, New York 12590 RE: Carmel Heights,' Sections 1 & 2 Carlen- Drive (Sherwood Heights} Gentlemen:.: At �ie August 30th, 1982 meeting of the Planning Board of the Town of Wappinger, a motion was made by Mr. ;Mills, to adopt the following resolution: TENTATIVE APPROVAL IS HEREBY GRANTED to Maks Etingin for subdivision as shown on map entitled "Preliminary Subdivision Plat, Carmel Heights*, Sections l & 2, Town of Wappinger, Dutchess County, New York", prepared by Richard G. Barger, P.E. & L.S. , and dated June 15, 1982, revised June 2.4, 1982 and revised August 2, 1982, subject to the following requirements : Within six months of this tentative approval, the applicant is authorized to submit an application for approval of a subdivision plat in accordance with Article II, Section 22 Article III, Section 30; and. Article IV of the Subdivision Regulations . in addition, the application must meet the requirements of the Town: of Wappinger Zoning ordinance. In addition, the following improvements, reservations, changes, and requirements are pre-requisite to the approval of the plat. 1 . Approval of the Dutchess County Department of Health shall be obtained on water supply and sewage disposal prior to final approval . 2 . Approval of the road plan and profile and plan and profile of the drainage system shall be obtained from the Engineer to the Town, the Acting Highway Superintendent: and the Dutchess- County utcherCounty Department of Public Works prior to final approval . The Conservation Advisory Council shall be given an opportunity to review the plans prior to finalapproval. PLANNING BOARD TOWN OF WAPPINGER . TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 287-6257 Page Two September 2nd, 1982 3 . Drainage flow patterns shall be indicated on the individual plot plans. For any surface waters that enter .upon properties of other persons, the applicant shall obtain a .letter from the same permitting such discharge. 4. The following improvements shall be required: A. All storm water shall be conveyed by pipe to natural drainage cdurses.` B. Standard street signs will be required at each intersection and temporary signs will be installed during construction. C. Street Specifications shall be those presently in effect at he time of construction. D. No open streams will be allowed unless permission in writing is obtained ,from the Highway Superintendent. 5. inspect di fees for water lines, sewer lines and storm drainage lines shall be paid prior to the signing of the plat. 6 . Downstream drainage fee of $200.00 per lot on the final plat shall be paid prior to the signing of the plat. (Only for the additional forty lots.) 7. Recreation fee of $500.00 per lot on the final plat shall be paid prior to the signing of the plat. (Only for the additional forty lots . ) 8. No structure is to be built where the lowest opening (windows, doors, garage doors, crawl space, etc.) are lower than two feet above the road surface unless approved by the Acting Highway Superintendent and/or Engineer to the Town. 9. All footing drains and roof leaders, if specified by the Building Inspector, shall be piped into the storm drainage system. 4 i s PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12594 TEL„ 297-6257 Page Three September 2nd, 1982 t 10. in subdivisions with unde3rground. utilities, the developer shall contact Central Hudson, New York Telephone, the Town- franchised cable tv company and the Town Board to negotiate an agreement whereby cable tv facilities will be installed with underground utilities. Should these negotiations be unsuccessful, the developer shall provide a statement indicating why an agreement .to provide cable tv service could not be reached x 11. Prior to the issuance of any building permits, a bond of sufficient amount for the road, drainage and street trees and in a form approved by the Attorney to the Town shall be approved andiaccepted by the Town. Amount of said bond is to be determined ' by the Engineer to the Town and the. Acting Highway Superintendent. 12 . There shall be two 2 -2" caliper deciduous trees planted on each lot at a height of four feet above the ground. The first branch should be at a height of seven feet. 13 . The developer shall be required to keep the roads in the subdivision clear from snow and ice and make the roads otherwise passable until such time as the, roads have been accepted by the Town. Upon failure to do so, the Town may authorize, after determination that an emergency exists, a private contractor, to clear the roads or make the roads passable, and the expense of such work will be assumed by the developer. 14. The Fire Prevention Bureau shall review the plan and submit any recommendations that they may have prior to final approval. 15 . An erosion and sediment control plan shall be 'prepared and reviewed by the Conservation Advisory Council and then approved by the Engineer to the Town prior to final approval. PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TE-. 297-6257 Page Four September 2nd, 1.952 s 16. With regard to drainage concerns on Section 1, a letter of agreement shall be submitted indicating that there will be compliance with the drainage plans submitted and approved by the Engineer to the Town. 17. An Environmental Impact Statement shall be submitted prior to final approval . The motion was seconded by Mr. Fanuele. Vote: Mr.' Fanuele -- aye Mr. Keller - aye Mr. Lawrence -- absent Mr. May - absent Mr. Mills - aye Mr. Parsons - aye Mr. Rubenstein - absent The motion was carried. Very truly yours, (Mrs. ) etty-Ann Russ, Secretary To of Wappinger Planning Board br. Cc: Richard G. Barger, P.E. -& L.S. Dutchess County Dept. of Health Dutchess County Dept. of Public Works Kenneth T . Croshier, Acting Highway Superintendent. Fire Prevention Bureau Hans R. Gunderud, Bldg _ Inspector/Zoning Admin, Edward Hawksley, ConservationAdvi ry Council Rudolph E. Lapar, Engineer tot Town Elaine H. Snowden, Town Clerk 4 Al r ','° PLANNING BOARD TOWN OF WAPPINGER TOWN MALL WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-6257 August 9th, 1982 r Mr . Richard G ., Barger, P.E. & L.S. New Hackensack Road Wappingers Falls, NY 12598 RE: Carmel Heights, Section II Preliminary Approval - Carlen. Drive (also known as Sherwood Heights) Dear Mr. Barger :, At the August 2nd, 1982 meeting of the Planning Board, a motion was made by Mr, Parsons, seconded by Mr. Fanuele, to grant an extension of preliminary approval for an additional ninety days. Vote: Mrs. Fanuele -- aye Mr . Keller absent Mr. Lawrence -- aye Mr. May - aye Mr . Mills - aye Mr. Parsons _ aye Mr . Rubenstein - absent The motion was carried by those members present . Very truly yours, (Mrs .. ) ty--Ann Russ, Secretary `Town �nTappinger Planning Board br cce Kenneth To Croshier, Acting Highway Superintendent Fire Prevention Bureau Hans Ra Gunderud, Bldg . Inspector/Zoning Admin . Edward Hawksley, Conservation Advisory Council Rudolph El. Lapar, Engineer to the Town Zvi Segal, Applicant . Elaine Hr Snowden, Town Clerk w,,, r f'14 �rc�i9 Uroiritr4� The Chose Mambgilan BankNA, C;#,gAj5E ndment 0 1 New yrK NLOW of Ame NOW cl yoru< � fe � TOWN OF WAPpINGER ILL STREET 12590 � P FALLS, � MAY 290 1982 ais emended fi 11 r :r Credit/ other ca��ditoc ")S remain uhchan (Ali DKA E � EXPIRATION STl 1 �2 MAKS ETINGINv CIO M DEVELOPMENT ST 57TH STREET NEW YOR'Ki NY 11 J L (.." N", �y ail �"�IU Au4hn��ir,9 Stir aRbo� up T'r �24 f-Y' 127 faev 2-80 'pTG, 4-81 CORBALLY, GARTLAND AND RAPPLEYEA �Id"o ub ganotivro at Wat CHARLES J.CORBALLY(1966) BARDAVON BUILDING FLORIDA OFFICE: JOHN J.GARTLAND,JR. 35 MARKET STREET 1489 GULF-TO-RAY BOULEVARD ALLAN E.RAPPLEYEA CLEARWATER,FLORIDA 33516 POUGHKEEA$IE NEW YORK 12601 DANIEL F.CURTiN* � 813-461-3144 FRED W.SCHAEFFER 914-454-1110 STEPHEN G.WATTS,OF COUNSEL" JON HOLDEN ADAMS **MEMBER OF FLORIDA BAR ONLY MICHAEL G.GARTLAND VINCENT L.DtBIASE BRANCH OFFICE; PAUL O.SULLIVAN* BANK OF MILLBROOK BUILDING FRANKLIN AVENUE MILTON M. HAVEN MILLBROOK, NEW YORK 12545 JOSEPH F.HAWKINS4� 914-677-5539 COUNSEL ''MEMBER M.Y.AND FLORIDA 3AR May 10, 1982 Mr. Zvi Segal 12 Plaza Road Wappinger Falls, NY 12590 Re: Carmel Heights Road Dear Mr. Segal : A review of our records indicates that the town must take action in the near future on your performance bond for the roads in Carmel Heights unless it is further extended. I have also reviewed this matter with Ken Croshier who indicates to me that he does not want to have the top surface applied until July because of the wet area surrounding the roads. He further indi- cates that should you do the contemplated sewer work (the tying in with the sewer plant) you will have to defer road work in any event as the sewer lines will be in the road area. Under such circumstances , I would recommend that you take steps immediately to extend the performance bond for another three months . Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA Jon Holden Adams JHA/lh cc: Al Roberts, Esq. Town Board ✓ RECEIVED MAY 11 1982 ELAINE H. SNOWDEN 1 PLANNING BO1'"'YImo, 1../ TOWN OF WAPPINGER r TUV1AiW IIA1.1 r° w�" P � a WAPPINGERSS FALLS. NEW YORK 1259{) � To_ 297-6257 % u �m February 3rd, 1982 Mr . Maks Etingin I 9 140 East 81St ',Street New York, New York 10028 4 RE. Carmel Heights, Section II Subdivision _ Carlen Drive (also known as Sherwood Heights) { e Dear Mr, Etingin At the February lst, 1982 meeting of the Planning Board, d Mr. Malls made a motion to grant preliminary approval and adopt the resolution of preliminary approval . Said resolution is as follows TENTATIVE APPROVAL IS HEREBY GRANTED to Maks Etingin for subdivision as shown on map entitled "Carmel Heights, Section 2 -- Resubdivision of Lots 13, 14, 15, 16 - Carmel Heights (F .MQ 4 5457) , Town. of Wappinger, Dutchess County, New York." , prepared by Richard G. Barger, P.E,. & L.S. and dated 10/10/81, revised 11/10/81 and 1/28/82, subject to the following requirements : 'W'ithin six months of this tentative approval, the applicant � is authorized to submit an application for approval of a subdivision plat in accordance with Article II, Section 22; Article III, Section 30; and Article IV of the Subdivision Regulations. In addition, the application must meet the requirements of the Town of Wappinger zoning ordinance . In addition, the following improvements, reservations, ! changes, and requirements are pre--requisite to the approval of the plat . i 1 . Approval of the Dutchess County Department of Health shall be obtained on water supply and sewage disposal prior to final approval . 2 . Approval of the road plan and profile and plan and profile of the drainage system shall be obtained from the Engineer to the Town and the Highway Superintendent prior to final approval . The Conservation Advisory Council shall also be given an opportunity to review the plans prior to final approval . I i PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 1250 TFL. 297-6257 � Page Two February 3rd, 1982 3 . Drainage flow patterns shall be indicated on the individual plot plans. . For any surface waters that enter upon properties Z , of other persons, the applicant .shall obtain a letter from the same permitting such discharge. 4. The following improvements shall be required; A. All storm water shall be conveyed by pipe to natural drainage courses. B. Standard street signs will be required at each intersection and temporary signs will be installed during construction. C. Street Specifications shall be those presently in effect. D. No. open streams will be allowed unless permissionin writing is obtained from the Highway Superintendent, } i 5. Inspection fees for water lines, storm drainage lines and sewer lines (if sewer becomes available) shall be paid '. prior to the signing of the plat. 6. Downstream drainage fee of $200.00 per lot on the final plat shall be paid prior to the signing of. the plat. _ z 7. No structure is to be built where the lowest opening (windows, doors, garage doors, crawl space, etc. ) are lower than two feet above the road surface unless approved by the. Highway Superintendent and/or the Engineer to the Town. 8. All footing drains and roof leaders, if specified by the y. Building Inspector,. shall be piped .into the storm drainage system f. 9. Recreation fee of $500.00 per lot on the final plat shall be paid prior to the signing of the plat. i 10. In subdivisions with underground utilities, the developer s shall contact Central Hudson, New York Telephone, the Town- franchised cable tv company and the Town Board to negotiate an agreement whereby cable tv facilities will be installed with underground utilities . Should. these negotiations be unsuccessful, the developer shall provide a statement indicating why an agreement to provide cable tv service could not be reached. - i PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 Tm, 297-6257 Page. Three February 3rd, 1982 11. Prior to the issuance of any building permits, a bond of sufficient amount for the road, drainage and street trees and in a form. approved by the Attorney to the Town shall be approved . . and accepted by the Town. Amount of said bond is to be determined by . the Engineer of the Town and the Highway superintendent. 0 12 . There shall be two 2 caliper deciduous trees planted on each lot at a height of four feet above the ground.. The first branch should be at a height of seven feet, 13 . The developer shall be required to keep the roads in the subdivision clear from snow and ice and make the roads otherwise passable until such time as the roads havebeen accepted by the Town. Upon , fa.ilure to do so, the Town may authorize, after. determination. that an emergency exists, a private contractor, to clear the roads. or make the roads passable, and the expense of such work will be assumed by the developer. 14. An Environmental Assessment Form must be filled out and submitted prior to final, approval. 15. The Fare Prevention Bureau recommends that fire hydrants be placed -at lot 30, lot 37, at lot 40/39 juncture and at lot 43/42 -juncture (either side of the street permitted at owner's convenience. ) 16. An erosion and sediment control plan shall be prepared and approved by the Planning Board, the Conservation Advisory Council and the Engineer .to the Town prior to final approval. 17 Approval of this subdivision is subject to the change in the road layout as per revision dated 1/28/82 i i PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL, 297-6257 Page Four February 3rd, 1982 18 ® With regard to drainage concerns on Section I, a letter of agreement shall be submitted indicating that there will be compliance with the drainage plans submitted and approved by the Engineer to the Town. The motion was seconded by Mr . Rubenstein and was carried by those members present. Vote: Mr. Fanuele aye Mr . Brannen - term expired Mr. Keller absent Mr. May - aye Mr. Mills aye Mr. Parsons absent Mr. Rubenstein aye Very truly yours, (Mrs . ) e ty-Ann Russ, Secretary r Town of Wappinger Planning Board br CC: Richard G. Barger, P.E. Sc L.S. Dutchess County Dept. of Health Kenneth T. Croshier, Acting Highway Superintendent Fire Prevention Bureau Hans R. Gunderud, Bldg. Inspector/Zoning Admin. Edward Hawksley, Conservation Advisory council Rudolph E . Lapar, Engineer to the Town Albert P . Roberts, Attorney at Law Zvi Segal Elaine H. Snowden, Town Clerk NOTE: This application shall conform in all respects to Application No. ... ................. the Land an Board. of tae 'I DIl�ldtl sA PPTI l Regulations of the Pl.aMnn` (Fee Received & It shall rints f feted preliminary duplicate, with-f black and r layout of the subdivision. By ...... Date.... , PLANNING BOARD OF TOWN DIS WAPPINGER ......... . .. ............ ........... .. . .......... ........... PRELIMINARY LAYOUT APPLICATION FOR UBDI I ION OF LAND 1. Proposed Name of Subdivision � '� �� .....� �1 x. � � � � 7 ��� :�... ��...... .......... 2m Location of Property ... .............o. . ........... �.r.... ..,. 1 .....R.. �� '� .. ..... . R� ....... . ... .... ........................ Tax SectionBlock.. _� . .......................... . Name and Address of Record Owner ........ Cc,>A 47, ,,)...... .... . If Corporation, give name of went ..................................................................................................... 4. A. statement of liens, mortgages, or other encumbrances is attached hereto, (If none, so state) ......... „,': ......... w A statement of any easements relating to the property is attached hereto.. (If none, so state) .........,, Deed or deeds recorded in County Clerk's Dice Date ............ Liber ............ ....... . .... ..... Page ......... .................. T I own or have an interest in abutting property as stated on the: attached sheet. (If none, so state) ........................................... ....... p 4 Marne, Address, and License lu.arabet• of Eta�.,aneer or band. Surveyor .. ,� l� . ..� .�. :.: :� .......... According to the Dutchess County Soil Survey, the following soil types are found on this property; Q:P-5 1 I A L) R, - 4 C) .10� This property is in the ........... ....... . ...... ............ ............... ...... ....... ......--..... .......... Zone. 11. Preliminary Layout covers .......... ...... ......... acres. 4- Approximate number of lots ......I'lZ 1l....---...... 12. Does owner propose to submit Final Subdivision Plat to cover entire Preliminary Layout, or file same in sections? ................ ...... .-... ........... ....... .......... ....... ...... .......... 11 Does the Preliminary Layout cover the entire holding of the applicant? ............. ).Q............. —.11--4-...... 1A Does the applicant propose to dedicate to the public all streets, highways and parks shown on the Preliminary .Y-F-�-5 I.,ayout? .... ... .......... ..... .I... ............. ...... ..... ...... 15. Give number of acres which applicant proposes to dedicate to public use for park arid/or playground pur- poses .. . .. ...... . ...... .... —.. ..... .. .....— - - —.. ........ ........... ... ......—.... .. 16. Does owner intend to request any waivers of the requirements of the Land Subdivision Regulations of this Board upon the submission of the Final Plat for approval? . .. . ......... ..... ......... —......... .......... ................. If any waivers of requirements are to be requested, list them and give reasons why such requirements should be waived. .......... ...... ............ ...... ........ ........ ........... .................. ... ........ ....I....... . ....I...... .......-...... ...............I—.... ....... ...... . ...... ......... ...... ..................... ....... --" I—........... ....... .... ....1-1111-11...... ........ ... ........ ......... ........ -�.......... ............. ............................. .......... .........—............... ............. ........... ............... ................-­ ...I................... ........ ............­­... ... .... ...... ........... .. ........ . (Signed) ... .. ............ ....... Owner By. ............... ....... ....... ................................. Dated: . ..... . ..... ............. ...... ...........— — 2 CORBALLY, GARTLAND AND RAPPLEYEA Affortu,Lto azar t =odoro at Wair CHARLES J. CORBALLY (1966) BARDAVON BUILDING FLORIDA OFFICE JOHN J. GARTLAND,JR. 35 MARKET STREET 50 SOUTH BELCHER ROAD ALLAN E.RAPPLEYEA POUGHKEEPSIE, NEW YORK 12601 b,!ILL)ING E.SUITE 122 DANIEL F. CURTIN } CLEARWATER, FLORIDA 33515 FRED W. SCHAEFFER 91'4-454-1110 813-461-.3144 JON HOLDEN ADAMS MICHAEL G.GARTLAND BRANCH OFFICE' VUNCENT L.E)cBIASE BANK OF MILLB4001K BUILDING PAUL O. SULLIVAN +: FRANKLIN AVE. MILLBROOK, NEW YORK 12545 MILTON M. HAVEN 914-677-.8539 JOSEPH F. HAWKINS COUNSEL June 9, 1981 "MEMBER N.Y.AND rLORIDA BAR Town Board Town of Wappinger Wappinger Falls , New York 12590 Re : Carmel Heights Dear Members of the Board: Enclosed find correspondence between this office and the two representatives of Carmel Heights relative to the question of letters of credit for certain road improvements and drainage improvements to be undertaken by them. I have requested separately from the secretary to the planning board a copy of the resolution of that body requiring the improvements to be undertaken. My concern in this context is whether or not the planning board resolution directs them to post a performance bond for the improvements in question, in which instance we may be limited by the provisions of Town Law §277 as presently constituted which would require us to accept a surety bond or its equivalent. If such is the instance, a letter of credit would be preferable as a form of security to a surety bond. However , if the resolution provides otherwise, our valuation may differ . We will have the additional information necessary for you at the meeting on June 15th. Verytr1trIV yours , 0 C LLY 111�GA.e/TILAND & RAPPLEYEA ............. Jon/golden Adams JHA/lh Encs . CORBALLY, GARTLAND AND RAPPLEYEA' Atturn.t�o 310 ( 01M-odors at CHARLES J, CORBALLY{19661 BARDAVON BUILDING FLORIDA OFFICE:' JOHN J.GARTLAND,JR. 35 MARKET STREFT 50 50UTH EIELCHER ROAD ALLAN E.RAPPLEYEA POUGHF(EEPSIE NEW YORK 12601 BUILDING E. SUITE 122 FRED W, SCHAEFFFE DANIEL F, C ER 914 454-li 1b CLEARWATER, FLORIDA 33515 613-461•3144 JON HOLDEN ADAMS MICHAEL G.GARTLAND BRANCH OFFICEL VINCENT L.D[B1ASE BANK OF MILLBF400K BUILDING PAUL O. SULLIVAN'+ FRANKLIN AVE. MIL4BROOK, NEW YORK 12545 MFLTON M, HAVEN 914-677 5539 JOSEPH F. HAWKINS {] COUNSEL June 5 , 1981 *MEMBER WY,AND FLORIDA BAH Rosen, Crane & Wolfson, Esqs , 11 Market Street Poughkeepsie, New York 12601 Attention: Al Roberts , Esq . Re: 'Letter of Credit Dear Al : I have further reviewed the letter of credit proposed to be issued by the Chase Manhattan flank on behalf of Maks . Etingin and would request the following modifications ; 1 . The reference to road(s) in the fifth typewritten line in the body of the text of the letter should be revised to include the following substituted language : . . . pertaining to the road and drainage improvements . . . 2 . In the same line as referred to in the preceding paragraph, the phrase "in a subdivision owned by Wappinger Falls" is to be deleted and there is to be substituted in its place the phrase "along Carlin Drive in the Town of Wappinger . " 3 . Copies of any notice to Maks Etingin are to be sent to the address stated in the Letter "250 West 57th Street , New York, New York. " 4 . Delete the requiremei� ,, that we have to return to you a return receipt as there is no guarantee that an individual will be available to sign the receipt for the postal department or that it will not be lost . 5 . Delete the entire last portion of the second full paragraph of the typewritten text commencing with the phrase "weather permitting . . . " through the phrase "as soon as possible , " r CORBALLY, GARTLAND AND RAPPLEYEA Al Roberts , Esq. Page -- 2 June 5, 1981 6. Use the phrase "satisfactorily corrected" rather than corrected in the following sentence (i . e . , " . . . that Maks Etingin has not satisfactorily corrected . . . ") . The phrase engineer to the town should be substitued for the town engineer. 7 . There should be added to the end of the typewritten text the following sentence : "This letter is issued with the understanding that all work is to be completed no- later than. August 15, 1981 to permit the town to comply with the notice require- ments provided in this Letter . " 8 . I do not have a copy of the "Uniform Customs and Practice for Documentary Credits (1974 revision) International Chamber of Commerce publication 290 and without that cannot further comment on whether the form of the letter of credit is acceptable . Very truly yours , CORBALLY, GARTLAND & RAPPLEYEA .Ton Bolden Adams JHA/lh .r CORBALLY, GARTLAND AND RAPPLEYEA CHARLES J. COHSALLY{1966) SARDAVON BUILMNG FLORIDA OFFICE: JOHN J. GARTLAND,JR. 35 MARKET STREET 50 SOUTH BELCHER ROAD ALLAN E.RAPPLEYEA POUGHKEEPsI NEW YORK 12601 BUILDING E.SUITE 122' TI DANIEL F. CURN+ CLEARWATER, FLORIDA 33515 FRED W. SCHAEFFER 914-454-1110 813.46!-3144 JON HOLDEN ADAMS MICHAEL G_GARTLAND BRANCH OFFICE: VINCENT L. DES;A5E DANK OF MILLBROOK BUILOING PAUL O. SULLIVAN+ FRANKLIN AVE. --- MILLBROOK,NEW YORK 12545 WILTON M. HAVEN nq 914-677-5539 JOSEPH F. HAWKfNS - June 2 , 1981 COVN5EL +MLMBER 1A.Y.AN6 FLORIDA eAR Saul D. Kassow, Esq . 100 Main Street Fishkill , New York 12524 Re ; Carmel Heights Dear Saul : I have reviewed the draft of the so-called letter of credit to be issued by the Poughkeepsie Savings Bank and would request the following revisions : 1 . Add to the first paragraph at the end thereof the following sentence : Poughkeepsie Savings Bank will permit no withdrawals from said account without prior written consent of the Town of Wappinger . 2. Add to the second paragraph the following sentence : The sum of $7 , 500 is held solely for the benefit of the Town of Wappinger with respect to improvements or work relating to town highways or areas under the jurisdiction of the Town of Wappinger . 3 . Delete from paragraph numbered 1 the requirement that the town engineer sign a withdrawal letter as he is not responsible for the fiscal affairs of the town and there is no town engineer. Where is an engineer to the town who serves on a consulting basis but he has no standing to execute documents on behalf of the town, parti- cularly those relating to fiscal matters . 4. There should be attached to the letter of the bank a copy of the form of withdrawal order it deems appropriate and reference should be made to it in the text of the letter . 5 . Paragraph 1 (a) should be revised to delete the title of Town Engineer and inserted in its place should be engineer to the town. 6 . The provisions of paragraph 1 (b) need to be modified. I have' no objection to giving K & A an opportunity to cure any defects in the work and thirty days does not appear to be an outrageous period for such cure . However , the letter leaves open a CORBALLY, GARTLAND AND RAPPLEYEA Saul D. Kassow, Esq . Page - 2 - June 2 , 1981 who is to find that deficiencies cannot be corrected within thirty days . In order to avoid arguments over that paragraph, the para- graph should be modified by deleting that portion addressing deficiencies which cannot be corrected within thirty days and there shall be substituted a provision that K & A requests an additional extension if it demonstrates to the satisfaction of the engineer to the town that it is not possible to correct such deficiencies within thirty days . 7 . The last two sentences of the paragraph above described should be redrafted to reflect the following : Said notice shall be accompanied by a proof of mailing of a demand to cure , said mailing to have taken place thirty days prior to the date of the withdrawal order and shall be further accompanied by a written statement of the engineer to the town that as of the date of the presentation of the withdrawal order , the deficiencies have not been satisfactorily corrected. In response to your letter as to when the bank may release the sum held on deposit, I would suggest that the bank may release the sum after acceptance by the Town of Wappinger of the work undertaken by it, said acceptance to take place within forty--five days after written notice has been received by the town of the completion of said work. At the time of the dictation of this letter, I have not had the benefit of reviewing the approved plans , and my comments con- tained in this letter may be subject to revision after this letter has been circulated to the engineer to the town and after I have reviewed such plans . Very truly yours , CORBALLY, GARTLAND & RAPPLEYEA .THA./lh Jon Holden Adams cc : Al Roberts , Esq . 0,400 1 10 00 PLANNING BOARD 'rOWN OF WAPPING;ER TOWN HALL etof WAPPINGERS FALLS. NEW y0RK 12590 TEL. 297-6257 April 24th, 1978 Mr . Zvi Segal Plaza Road Wappingers Falls, NY 12590 RE : Carmel Heights Subdivision Dear Mr . Segal: At their April 17th, 1.978 meeting, the Planning Board of the Town of Wappinger readopted their resolution of June 24th, 1976 granting final approval to the Carmel Heights Subdivision with the following amendment. The Planning Board considers that condition # 10 of the aforementioned resolution has been satisfied per Mr . Segal' s let-ter dated April 4th, 1978 and compliance with the Dutchess County Department of Public Works requirements as stipulated in their letter dated March 22nd, 1976 . Very truly yours, (Mrs . } Betty-Ann Russ, Secretary Town of Wappinger Planning Board br Attachment CC : Richard G . Barger, P.E. & L„SL Dutchess Co. Dept. of Public Works Maks. Etigin, Applicant William P. Horton, Highway Superintendent 00" Rudolph E . Lapar, Engineer to the,,,,T`bwn Robert G . Ruit, Building Inspec r/Zon&g Admin. Elaine H. Snowden, Town Clerk 1 1\(b 1� April 4, 1978 e �7 Victor Fanuele P Chairman of Town of Wappinger Planning Board Mill Street Wappinger Falls, N.Y. Dear Mr. Farxiele, At a public hearing field for Carmel Heights Subdivisions Mr. F. Hayes indicated . that Dutchess County Department of Public Works has can easement in his property which is not maintained. This is an easement which includes a drainage ditch and a culvert pipe which picks up water flowing down All Angels Road: Mr. Hayes concern was that because of the poor condition of the ditch and the insufficient capacity of the culvert pipe, some of his land is flooded during heavy rain fall He noted that Mr. C. Tekben of the Dutchess County Department of Public. Works,: suggested that his field be built up. .Mr. Russ noted that because of the extensive excavation that will take place at the subdivision site, a considerable - amount of fill will have to be removed andoffered it to Mr. Hayes. The Planning Board, therfore, asked the developer and Mr. Hayes to document an agreement' guided by what was .discussed in the public hearing. Mr. Russ met Mr. Hayes at his property at a later date and reacheda verbal agreement that the developer will provide whatever fill was available at the time of excavation. When I later contacted Mr.. Hayes to "document this agreement he presented me with a list of new demands , a copy of which is attached here. An estimated cost of these demands exceeds !.$39,000. . I contacted. Mr. Hayes. again about his new demands and he seems very firm and uncompromising about them. - We hadalready agreed to the Dutchess County Public Works demand to clean and regrade the drainage easement which runs through Mr. Hayes property and put an additional 120 feet of 24 inch pipe along his house. See attached letter from Mr. C. Tekben Item #3. If the above work is done according, to Mr. Tekben, Mr. Hayes should not have any water problems. In view of the above, we do not see the need that a separate agreement be drawn with Mr. Hayes. Thank you for your cooperation and understanding. Sincerel Zvi Sega y. Ike I7 PnR7Fr1EriT GF PUBLIC 1'1aR105 JAMES SF'F?AT7, P-E., COhtir1155tOtiER ' County Office Building p0„gl1l: cps;e, New York 12601 �:tcttni;n�+•. sctx.t.t_� Y,l: A85-9856 r7;rr,, .. .,r c,,,rrw►,,..,,. }�E'q'ER N. ANAGNOS, P.E. •-11:,CC10. of Fn�inrerYnq - fq�-trch 7Z, 1977 P.ar_1il:rrl,ni r, ti.y ISr,,R, T.,I1 471 U700 iA UutChctia T„rnpisrr - - wliYae'u�, Y.Y. 12601 - J?p CR 94 471-0700 . f�fr. Richard c. T)arger, 3Tew Ilackcnsack Road f7appingers Fallsi : Ile[" York. Dear Sir: of Ian dated 8-25-75 of plE This is to acknowledge receipt osed scrb�iz vision at.All Angels ` Carmel fteights" for the prey entitled " zn er- full Road, CR 94, in the Town of Plapp 9 `I'hr fo.I 2u�r i.n�! r,>rxrrm�n f r,runm,�ri 7C i 1rrI i c^ ancT rcrnrrmi-nr' t t'i ens € riC Lhi:: f)rrl7artrr+r�nf;. , four inch Ccrrirgatdd metal i77I'�' s �� ` 1: Twenty- Lots _3-1 r3rid 32 and ru nin9r outlet located between y .. toward county road _should be bzou- oaeint a Side o county road by crossing th4 pavement a tab r skew angle with a 24" reinforced cphcrete .pzPe" . 'ns must be provided at the inZctside oand tCRt94f this bast the westerly crossing" Then, along laced and be'. a 24�' corrugated Metal dr°inzgcld eeasement which drought to the beginning f c.rfi:;rrng council marl if is tic outlot or cul vi rt nip ' 5hc'rwood HeI ght,. ry ne to " Catch basins shaUld be built on tofsoutletxan open 2' At the Point provide cleanouts• basin r'zust be provided U-type concrete collecting crater along the to contain and direct: the storm drainage casemen 3, To I1anrl7e the ar7rlitional storm sa.Itcr, draina'frand ` Men ire Tterll !!l i.:: to 24"cunt[Iur ztcrl F _ eascmcnt ..' bo OrZ" f rocgrade d and art .additia►7aI IZgext_ to the cxis.tsnf. Metal nipr. rrrust bo installed t'r- 1 c t�hir"?r is Ir�cate� 000+ fr-at downstream in the szcdpp r1rainago car:crnn_nt. 4.. The existing qac Zine running al ong the westerIg side and an other utility line, should be located of CR 94 the plans. in the fieldand shown vn 1 , Page 2 3122176 Mr, Barger. . . . . . g Revised plans and. details according to above corr-<ments should be submitted to this office for further re94 showing the of this project. The county road plan and profile of CP. s section s existing topography and drainage facilities at this of the road were given to htr. KCnneth Russ to help to revise your plans: if you have Ang question concerning th's matter, please contact me. Very truly yours. PETER V. ,A'�3AG:dOS; R:E`-. pirector of Engineering a It��= Cart Tekben - rZsri :tant T'n�firu•, r CT:V PLANNING TOWN OF WARPING TOWN HALL WA '"PINGE S FALLS. NEW "YORK 12590 TEL2970257 September 21st-, 1977 Mt Maks Dtingin 140 East 81st Street New York City, New York 10028 Dear Mr. Eti-ngin m At their September 19th, 1977 meeting, the Planning Board of the Town of'Wa.ppinger readopted their resolution of Jame 21st, 1976 granting final approval to the Carmel Heights Subdivision with the following additional condition: 12 . No further extensions of a.pprova3.. will be granted,, A copy of the June 21st, 1976 resolution is attached.. Very truly yours, '�4 (Mrs . ) ; yry,.Ann Russ, Secretary .tt Town of Wa.ppi ager Planning Board,. br Attachment. cc : Richard. G . Barger, P.E . & L.S . Dutchess County Department, of Public works William P. Horton, Highway Superintendent Rudolph D . Lapar, Engineer to the Town New Hackensack ;fire Company Recreation Commission Robert G . Ruit Building lnspectq#zone+ng Administrator Zvi. Segal, Applicant Elaine 11. Snowden, Town1erk VIAZ PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-6257 June 24th, 1976 Mr. Maks Etingin 140 East Blot Street New York City, New York 10028 Dear Mr. Etingin At their June 21st, 1976 meeting, the Planning Board of the Town of Wappinger adopted the following resolution: WHEREAS, an application for final approval of a subdivision . plat entitled "Carmel Heights, Town of Wappinger, .Dutch.etss County, New York" was. received by the . 'own of Wappinger Planning BoaLrd on April .19th, 1976, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, .Mill Street, Wappingers Falls, New York:, on May 17th, 1976 at 8:00 p.m. , and WHEREAS, the requirements of -the 'Subdivision Regulations of the Town of Wappinger have been met by said subdivision plat and application, except as rioted below# and 'WHEREAS, the conditions of the prelinLinary approval of said subdivision plat, granted by the Town of� Wappinger Planning Board on. September 15th, 1975, have been met, except as noted below. Now, THEREFORE, BE IT..RESOLVED THAT the: application of Maks Etingin and Zvi Segal. .for approval of said subdivision plata prepared by Richard G. Barger, p.E. & L.S., and dated revised 6/10/760 be approved subject to the fgllowing conditions, and that the Chairman be authorized to endorse approval on said subdivision plat upon compliance with said conditions by the applicant, which conditional approval shall empire six months from. the date of this resolution if the applicant has not complied with the conditions set forth.- " Upon completion of all requirements set forth in the action approving the Subdivision Plat, the Plat shell be properly signed by the appropriate officers of the Planning Board, and shall be filed by the applicant in the office of they County Clerk in accordance with the requirements of Section 278 of the Town Law., PLANNING E30ARD TOWN OF WAPP'INGER TOWN. HALL WAPF#NGERS FALLS. NEW YORK 12590 TIL. 297-8257 i -27 Junes 24th,,. 1976 . 11�;r. Maks Ftirigin Any subdivision Plat not so filed within ninety da s y ofthe. date of. planning Board signature shall become null and void. 1. $100.04 per approved lo� on the final. subdivision plat shall be paid to the Town of Wappinger in lieu of a land: contributi.on for recreation prior to the signing of the plat. 2. Downstream drainage fee of $200.00 per lot on: the final subdivision plat shall be waived in view of the. costs of improvements as required by the Dutchess county' Department of public Works. 3. At least two street trees of the Sugar Maple variety and/or Evergreen type shall be placed on each lot.. These trees shah: measure at least two inches in diameter at a point one foot above the ground planting level, Said trees .shall not be placed in the street tight-of-way. Location of the trees shall be shown on the plot plan. 4. Lowest opening of all houses shall be at least. 'two feet above finishedroad grade. 5. All footing drains and roof leaders shall be. piped into storm drainage system. �,. Inspection fees for water lines and storm drainage lines shad be paid before the Planning Board Chairman signs the plat. 7. The following improvements sliall be requiredz A. All storm water shall be conveyed, by pipe-: to natural. drainage courses. r B. . .Standard street signs o�ill be required at each inter E section and temporary signs shall be installed during constructions, c. Street Specifications shah, be those presently in effect. D. No open streams shall be allowed. unless permission in. writing is .obtained from the Town of Wappinger Highway Superin tendert. . 8. llriveway perms is shall bei. obtained .from the Town of Wappinger . Highway Superintendent. PLANNING BOARI? TOWN ar WARPiNGER * 'fTC>WN HALL_ WAPPINGERS FALLS, NEW YORK 12590 TF-L, 287,6257 Mx. Maks Eting in ..3_ dune 24th 1..97 6 . building P6rmi.ts, a bond of 9. Prior to the issuance of any d in. a. form. sufficient amount for the road and drainage approved by the Attorney to the Town shall- be approved and of said bond is to be determined. accepted by the Town. Amoupt j by the Highway Superintendent and the Engineer to the Town.and shall be approved by the Planning Board. 14. A copy of the agreement between Mr. Francis Hayes of All Angels Hill Road and the applicant shall be delivered to the Planning Board prior to the signing of the plat. 11. Plat shall be amended to include modification of. Lot #. 1 along the northerly side of Lot # l from Viverito property to carlen Drive. Very truly yours, L (Mrs. etty--Ann Ruas, Secretary Town of Wappinger Planning Board br cc: Sylvia J. .Andersori, Zoning Administrator Richard G. Barger, Dutchess County Department of publxoors Bruno Hermans, Building Inspector William P.. Horton, Highway superintendent Rudolph E. Lapar, Engineer to the. Town New HackensacitFire Company Allan E. Rappleyea, Attorney to the Tawe Recreation Commission Albert P. Roberts, Esq. Zvi. Segal, Applicant . Elaine H. Snowden, Town Clerk 't Ojr W a," e"r 'r 004 PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TF-L. P-97-6257 June 23rd, 1977 Mr. Richard G. Barger, P.E. & LaS . New Hackensack Road Wappingers Falls, New York 12590 RE® Carmel Heights Subdivision Dear Mr . Bargert in accordance with your letter dated June 1.5th, 1-977, the Planning Board of the Town of Wappinger, at their June 20th, 1977 meeting, granted an extension of final approval to the above- captioned subdivision. Said approval has been further extended 'to expire on September 19th, 1977 . Very truly yours, (Mrs.) ti-y-Ann Russ, Secretary Town Arappinger Planning Board br cc: William P. Horton, Highway Superintendent Rudolph E . Lapar, Engineer to the Town Robert G. Ruit, Building lnspecto.:p/toning Administrator Zvi Segal, Applicant Elaine H. Snowden, Town Clerk PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLSNEW YORK 12590 TEL. 297-6257 March 24th, 1.977 Mr . Richard G . Barger, P.E . & L.S. New Hackensack Road Wappingers Falls, NY 12590 RE : Carmel Heights Subdivision Dear Mr . Barger : At their March 21st, 1977 meeting, the Planning Board of the Town of Wappinger granted a ninety day extension of final approval to the above-captioned subdivision . Very truly yours, (Mrs . ) Betty-.Ann Russ, Secretary Town of Wappinger Planning Board br CC: Sylvia J . Anderson, Zoning Administrator William P . Horton, Highway Superiptendent Rudolph E . Lapar, Engineer to thd Town Zvi Segal, Applicant Elaine H. Snowden, Town Clerk�/ PLANNING E30AR❑ TOWN OF WAPPINGER TOWN HALL. WAPPINGERS F'AL.L% NEW YORK 12590 TEL. 297.6257 _ January 3rd, 1977 Mr . Richard G . Barger, P.E . New Hackensack Road Wappingers Falls, NY 12590 RE: Carmel Heights Subdivision Dear Mr. Barger : At the December 20th, 1976 Planning Board meeting, a motion was made by Dr. Miller, seconded by Mr . Brannen, to grant an extension of final approval until March 21, 1977. Motion Unanimously Carried „ Very. truly yours, (Mrs. ) etty-Ann Russ, Secretary. Town of Wappnger . Planning Board br cc: Sylvia J.. Anderson, Zoning Administrator William P. Morton, Highway Superintendent Rudolph E Lapar, Engineer to the T Zvi Segal, Applicant Elaine H. Snowden, 'Town Clerk PLAN N I N G B©A R® ,,1 to. a,.Cry 0 TOWN OF VW"APPZNGER F '1"'C?WN HALL. WAPPING ERS FALLS. NEW YORK 12590 TEL. 297-6257 June 24th, 1976 Mr . Maks Etingin 140 East 81st Street New York City, New York 10028 Dear Mr . Etingin: At their June 21st, 1976 meeting, the Planning Board f the Town of Wappinger adopted the following resolution : WHEREAS, an application for final approval of a subdivision plat entitled "Carmel Heights, "Town of Wappinger, Dutchess County, New York" was received by the 'Town of Wappinger Planning Board on April 19th, 1976, and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Mill Street, Wappingers. Falls, New York, on May 17th, 1976 at 8.00 p.m. , and WHEREAS, the requirements of the Subdivision Regulations of the 'Town of Wappinger have been met by said subdivision plat and application, except as noted below, and WHEREAS, the conditions of the preliminary approval of said subdivision plat, granted by the 'Town of Wappinger Planning ]hoard on September 15th, 1975, have been met, except as noted below. NOW, THEREFORE, BE 1T RESOLVED THAT the application of Maks Etingin and Zvi Segal for approval of said subdivision plat, prepared by Richard G . Barger, P.E . & L.S . , and dated revised 6/10/76, be approved subject to the following conditions, and that the Chairman be authorized to endorse approval on said subdivision plat upon compliance with said conditions by the applicant, which conditional approval shall expire six months from the date of this resolution if the applicant has not complied with. the conditions set forth. Upon completion of all requirements set forth in the action approving the Subdivision Plat, the Plat shall be properly signed by the appropriate officers of the Planning Board, and shall be filed by the applicant in the Office of the County Clerk in accordance with -the requirements of Section 278 of the Town Law. PLANNING BOARD 'TOWN OF WAPPINGER TOWN HAL WAPPINGERS PALLS, NEW YORK 12590 Tet. 297-5257 Mr. Maks Etingin -2- Jtnje 24th, 1976 t Any subdivision Plat not so filed within ninety days of the date of Planning Board signature shall become null and void. 1. $100.00 per approved lot on the final subdivision plat shall be paid to the Town of Wappinger in lieu of a land contribution for recreation prior to the signing of the plat. 2.. Downstream drainage fee of $200.00 per lot on' the final subdivision plat shall be waived in view of the costs of improvements as required by the Dutchess County Department of Public Works. 3 . At least two street trees of, the Sugar Maple variety and/or Evergreen type shall be placed on each lot. These trees shall measure at least two inches in diameter at a point one foot above- the ground planting level. Said trees shall not be placed in the street right-of-way. Location of the trees shall be shown on the plot plan. 4. Lowest opening of all houses shall be at least two feet above finished road grade. 5.. All footing drains and roof leaders shall be .piped into storm drainage system, 6 . Inspection' fees for water lines and storm drainage lines shall be paid before the Planning Board Chairman signs the plat. 7 . The following improvements shall be required: A. All storm water shall be conveyed bypipe to natural drainage courses B. Standard stk eet signs will be required at each inter- section and temporary signs shall be installed during construction. C. Street Specifications shall be those presently in effect. D. No open streams shall beallowed unless permission in writing is obtained from the Town of Wappinger Highway Superin- tendent. 8 . Driveway permits shall be obtained from the Town of Wappinger Highway Superintendent. PLANNING BOARD 'TOWN OF WAPPINGER TOWN HALL WAPPING RS FALLS, NEW YORK 12590 TEL. 297-6257 Mr . Maks E,tingin -3- June 24th, 1976 9 . Prior to the issuance of any building permits, a bond of sufficient amount for the -road and-d-tainage and in a form approved by the Attorney to the Town shall be approved and accepted by the Town. Amount of said bond is to be determined by the Highway Superintendent and the Engineer to the Town and shall be approved by the Planning Board. 10 . A copy of the agreement between Mr . Francis Hayes of All Angels Hill Road and the applicant shall be delivered to the Planning Board prior to the signing of the plat. 11 . Plat shall be amended to include modification of Lot # 1 along the northerly side of Lot # 1 from Viverito property to Carlen Drive. Very truly yours, (Mrs . ) '13' ty-Ann Russ, Secretary Town of Wappinger Planning Board br cc: Sylvia J. Anderson, Zoning Administrator Richard G. Barger, P.E . & L.S. Dutchess County Department of Public Works Bruno Hermans, Building Inspector William P. Horton, Highway Superintendent Rudolph E . Lapar, Engineer to the Town New Hackensack, Fire Company Allan E . Rappleyea, Attorney to the Town Recreation Commission Albert P Roberts, Esq. Zvi Segal, Applicant Elaine H. Snowden, Town Clerk 04 7'OWN OF WAPPINGER TOWN HALL,, WAPPaWERS FALLS, NEW YORK 12590 T", 2970257 March 22nd, 1976 Mr . Richard G _ Barger, P.E. & L.S . New Hackensack Road Wappingers Falls, New York 12590 RE : Carmel Heights Subdivision - Carlen Drive Dear MO . Barger : In accordance with your letter dated March 15th, 1976 , the Town of Wappinger Planning Board, aL their March 15th, 1976 meeting, granted an extension of preliminary approval . Said approval has been further extended to expire on April 19th, 1976 , Very truly yours, (Mrs .1 Betty-Ann Ross, Secretary Town "of Wappinger Planning Board br CC : Sylvia J . Andexson, Zoning Mdministratoi, Jack Hill, Dutchess County Department of Health William P . Horton, Highway Superintendent Rudolph E . Lapar, Engineer to thyTown Zvi Segal, Applicant Elaine H. Snowden, Town Clerk/ OF [1m 10 �'��y�.,^"//��RAA, �•�I N G BOARD )N -^ pi TOWN HALmL. APPIh1C=;ERS FAL„L,_S. NNW YORK 12590 TEL. 297-6257 September 16th, 1975 Mr. Maks Etingi.n 140 East 81st. Street.. New York. City, New York 10028 Dear Mr., Etingi.n At the September 15th, 1975 meeting, the Planning Board of the Town of Wappinger adopted the following resolution: T'EN'1AT-WE APPROVAL IS HEREBY GRANTED to Maks Etingin and. ?vi Segal for subdivision as shown on. map entitled "Carmel Heights, Town. of Wappinger, Dutchess County, New York" , prepared by. :Richard G. Barger, P .E . & L.S.„ and dated 8/25,175, revised 8/28/75, subject to the following requirements: , Within six months of this tentative approval, the applicant is authorized to submit art application for approval of a subdivision plat in accordance with Article II, Section 22 , Article 111, Section 30 and Article IV of the Subdivision Regulations . In addition, the application must meet the requirements of the 'town of Wappinger zoning Ordinance. In addition, the following ,improvements, reservations, changes, and requirements are pre-requisite t.o the approval of the plat. 1 . Approval of water supply and sewage treatment facilities by the Dutchess County Department:. of Health shall be obtained, 2 . Road opening permits ;and curb cuts shall be obtained from 1--he Town of Wappinger Highway Superintendent . 3 . Approval of the road plan and profile and plan and profile of the drainage system must be obtained from the Engineer to t-he Town. 4 . Drainage flow patterns on all subdivided parcels shall be. indicated on the plat. For any surface waters that enter upon properties of other persons, the applicant shall obtain letters from the same allowing such discharges. PLANNING BOARD TOWN OF WAPPINCE:R TOWN HALL WAPPINGERS FALLS, NEW YORK 1215$0 TEL. 297-8257 Mr . Maks Etingin -2- September 16th, 1975 5 . The following improvements shall be required: A. All storm water shall. be conveyed by pipe to natural . drainage courses . B. Standard street signs will be required at each inter- section and temporary signs shall be installed during construction. C. Street specification shall be those presently in effect_ D. No open streams shall be allowed unless permission in writing is obtained from the Town of Wappinger Highway Superin- tendent. 6 . it is the recommendation of the Planning Board of the Town of Wappinger that $100.00 per approved lot on the final subdivision plat be accepted for recreation purposes in lieu of a land contribution. 7. Inspection fees for water lines and storm drainage lines will be paid before the Planning Board chairman signs the plat_ 8. Downstream drainage fee, if any, shall be paid before the Planning Board chairman signs the plat. ., 9. All houses shall be at least two feet above the finished road grade. 10 . All footing drains and roof leaders shall be piped into storm. drainage system. 11 . At least .one street tree, of the Sugar Maple variety, shall be placed on each lot. These trees shall measure. at least two inches in diameter at a point one foot above the ground planting level . Said trees shall not be placed in the street right-of-way. PLANNING BOARD TOWN OF WAPPINOEE�R TOWN HALLL, WAPPINGERS FALLS. NEW YORK 12590 TEL. 297-5257 Mr . Maks Etingin --3-- September 16th, 1975 Very truly yours, (Mrs . Betty-Ann Russ, Secretary Town of Wappinger Planning Board br Cc: Sylvia J. Anderson, zoning Administrator Richard G. Barger,-P.E . & L.S. Dutchess County Dept. of Public Works William P.. Horton, Highway Superintendent Rudolph E. Lapar, . Engineer to the Town New Hackensack Fire Company Allan E . Rappleyea, Attorney to the Town Recreation Commission Albert P. Roberts, Applicant's Attorney Zvi Segal, Applicant Elaine 1-. Snowden, Town Clerk NOTE: This application shall conform in all respects to Application No. ..... .., the Land Subdivision Regulations of the Planning Board of the TOWN OF WAPPINGER. Fee Received .... .... . �. ..(�.. ..,, � ......: ....... It shall be submitted in duplicate, with four black and white prints of the preliminary layout of the subdivision. By l w . . :....... ............... Date .. PLANNING BOARD OF TOWN OF WAPPINGER .......... ........................ ..................... .. .... PRELIMINARY LAYOUT APPLICATION FOR SUBDIVISION OF LAND 1. Proposed Name of Subdivision ....... ... ..1.1 . ...: ... ...... ... `..m. . .. .. � P � `.2. Location of Property ........ ..... .. .: . .. .. ..,. .... / P . ...,.......................................................,.........,... Tax Section..... .......... ............... Block.......,., ............. Lot(s) 3. Name and Address of Record Owner ....... ..1` A V.' ... ......�.. �M�� � �-, j t`,j If Corporation, give name of agent .............. .................. ......... ..... .................................................................. 4. A statement of liens, mortgages, or other encumbrances is attached hereto. (If none, so state) �A�? : 5. A statement of any easements relating to the property is attached hereto. (If none, so state) ..................................... 6. Deed or deeds recorded in County Clerk's Office: Date d&,vNa 4.... .l .......... Liber .. ......... ........... ...... Page ........,............................,...,,..,�.....,..,.. 7. 1 own or have an interest in abuttig property as stated on the attached sheet. M �, (If none, so state) ............. /, , 8. Name,,Address, and License Numhea° of Engineer or Land Surveyor . �? ". ... . . . . a: r � F 9. According to the Dutchess County Soil Survey, the following soil types are found on this property: 10,. This property is in the ... ................... ...... ......... ...... Zone. 1.1. Preliminary Layout covers ... ...... ............... ... acres. 6, Approximate number of lots ........ ....... 12. Does owner propose to submit Final Subdivision Plat t ..cover entire Preliminary Layout, or file same in sections? ....... ............... ...... ...... ............ ................. ........ ... I........ ........ .1.3. Does the Preliminary Layout cover the entire holding of the applicant? ... ......:........ ... ..........I ............... 14. Does the applicant propose to dedicate to the public all streets, highways and parks shown, on the Preliminary Layout? ...................... .... .... .. .. ...... ...... ... .............­­­.............. ...... 1:5. Give number of acres which applicant proposes to dedicate to public use for park and/or playground pur- poses .. .. .... ..... .... ...... . ..... .. . .. . ...... ..... .. .... ...... ... ........ ............_............ 16. Does owner intend to request any waivers of the requirements of the Land Subdivision Regulations of this Board upon the submission of the Final Plat for approval? ..... ............... ............................__.... If any waivers of requirements are to be requested, list them and give reasons why such requirements should be waived. .......... ...... . .. ... ...................... ........................... ............ ...... <............... ................ ............... ........... .... ......... ............I............ ......................... .........­­...........­....... ...... ................................. . .. ......... ............ ........ ..................... . .............. ...­1111.1.................................. .......­­­.... .......... ...... .....­........ ... ................... ..........­­­........ .......... ... .... ....................... ....I....­­...I ............ ........ .............. .......... ................ .................................. ........ ..... ............. ......... ........................ .......... (Signed), ....... ......... ........... ............ Owner By.......... ....................___.............. ................. Dated. ............ ..... . ........................... .......... — 2 PLANNING BOARD TOWN OF• WARRINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. P-97-6257 July 28th, 1975 Town Board Town of Wappinger Mill Street Wappingers Falls, New York 12590 Gentlemen: The proposed Carmel Heights subdivision located on Carlen Drive is before the Planning Board for approval. It has come to our attention that the Town recently installed a new storm drain system under Contract # 4 on Carlen Drive . The new pipe that was installed is of insufficient size to serve the new development and it would appear that all the pipe installed under Contract # 4 will have to be replaced. Therefore, the Planning Board would recommend that the master storm drainage plan be completed as soon as possible and we would further suggest that when other storm drainage projects are undertaken by the Town that future development should be considered and the system be sized accordingly. Thank you for your consideration . Very truly yours, Robert A. Steinhaus, Chairman Town of Wappinger Planning Board br CC : William P. Horton, Highway Superintendent Rudolph E . Lapar, Engineer tO,/ Town Blaine H. Snowden, Town Clerk THIS INDENTURE, made J6 day of September, 1998. BETWEEN, MAKS ETINGIN, presently of 140 East 81st. Street, New York, New York 10028; parry of the first part, and TOWN OF WAPPINGER,20 Middlebush Road,Wappingers Falls,New York,12590,party of the second part, WITNESSETH,that the party of the first part, in consideration of other good and valuable consideration,paid by the party of the second part does hereby remise, release and quitclaim, unto the party of the second part, the heirs, or successors and assigns of the party of the second part, forever, ALL of my right,title and interest in and to any portion of the following described property of which I may have an interest. ALL that parcel of land situated in the Town of Wappinger, County of Dutchess,State of New York designated as "ALBERT LANE" as shown on a map entitled, "SUBDIVISION PLAT OF CARMEL HEIGHTS, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK", dated September 24,1982,prepared by Richard G. Barger,P.E.&L.L.S. and filed in the Dutchess County Clerks Office as filed map#6611, said parcel is more particularly described as follows: BEGINNING at a steel pin found set at the westerly end of a curve connecting the southerly line of Carmel Heights(f/k/a Albert Lane)with the westerly line of Sherwood Heights, (said steel pin is in the front of Lot#31 as shown on said filed map), thence westerly, northerly & easterly along the southerly, westerly & northerly line of Carmel Heights (Ma.Albert Lane)the following courses & distances: SOUTH 58-00-00 WEST 70.71 feet, on a curve to the right having a radius of 300.00 feet an are distance of 106.42 feet, SOUTH 78-19-30 WEST 351.41 feet, on a curve to the right having a radius of 180.00 feet an arc distance of 308.86 feet, NORTH 03-21-40 WEST 150.46 feet, on a curve to the right having a radius of 175.00 feet an arc distance of 250.25 feet,. NORTH 78-34-20 EAST 237.08 feet, on a curve to the left having a radius of 150.00 feet an arc distance of 85.11 feet, NORTH 46-04-50 EAST 99.96 feet, on a curve to the right having a radius of 200.00 feet an arc distance of 160.06 feet, SOUTH 88-03-50 EAST 25.98 feet and on a curve to the left,connecting the northerly line of Carmel Heights (f/k/a Albert Lane)with the westerly line of Sherwood Height, having a radius of 25.00 feet an arc distance of 39.27 feet to a concrete monument found set on the westerly line of Sherwood Heights in front of lot#45 as shown on said filed map, thence southerly along the westerly line of Sherwood Heights SOUTH 01-56-10 WEST 100.00 feet to a point at the southerly end of a curve connecting the westerly line of Sherwood Heights with the southerly line of Carmel Heights (f/k/a Albert Lane), thence westerly,southerly&easterly along the southerly,easterly&northerly line of Carmel Heights (f/k/a Albert Lane) the following courses and distances: on a curve to the left having a radius of 25.00 feet an arc distance of 39.27 feet, SOUTH 88-03-50 WEST 25.98 feet, on a curve to the left having a radius of 150.00 feet an arc distance of 120.00 feet, SOUTH 46-04-50 WEST 99.96 feet, on a curve to the right having a radius of 200.00 feet an arc distance of 113,4 9, feet, SOUTH 78-34-20 WEST 237.08 feet, on a curve to the left having a radius of 125.00 feet an arc distance of 178.75 feet, SOUTH 03-21-40 EAST 150.46 feet, on a curve to the left having a radius of 130.00 feet an arc distance of 223.07 feet, NORTH 78-19-30 EAST 351.41 feet, on a curve to the left having a radius of 250.00 feet an arc distance of 88.69 feet and NORTH 58-00-00 EAST 74.71 feet to a concrete monument found set at the westerly end of a curve connecting the northerly line of Carmel Heights (f/k/a Albert Lane) with the westerly line of Sherwood Heights, said point is in the front to lot 446 as shown on said filed map, thence southeasterly crossing Carmel Heights (f/k/a Albert Lane) SOUTH 28-333-31 EAST 50.09 FEET to the point or place of beginning. TOGETHER with the appurtenances and all estate and rights of the party of the first part in and to said premises. TO HAVE AN TO HOLD the premises herein granted unto the part of the second part,the heirs or successors and assigns forever. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. This deed is subject to the trust provisions of Section 13 of the Lien Law. IN WITNESS WHEREOF, the party of the first part had duly executed this Deed the day and year first above written. IN PRESENCE OF ,Ile STING STATE OF NEW YORK COUNTY OF On the day of September, 1998, before me personally came MAKS ETINGIN to me known and known to me to be the individual(s) described in and who executed the foregoing instrument, and acknowledged that they executed the same. CLA1P.E c. M ULLlGAN NOTARY PUBLIC Notary P llbk ic;,Statc c,f,Near York �!i:,. 01 MU501556tj . Comm:sc, ExiporlJ�county26 Os' 1999 STATE OF NEW YORK COUNTY OF DUTCHESS: On the day of before me personally came to me known, who being by me duly sworn, did depose and say that he resides at and that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation,and that he signed his name thereto by like order. NOTARY PUBLIC i 5444-0213-722$01997,Moore@ All Rights Reserved_0305m� - �W PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http:ll www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY C1. SWIS Cade I , , , , , 1 REAL PROPERTY TRANSFER REPORT j STATE OF NEW YORK I / / STATE BOARD OF REAL PROPERTY SERVICES C2. Date Deed Recorded Month Day Year L' RP _ 5217 C3. Book _ I I I I C4. Page] I I I i rYt .,oma •+,xrs217 xe�Mr i PROPERTY INFORMATION 1.Property I I Cannel Heights f/k/a Albert Lane Location STREET NUMBER STREET NAMEWappjp • L O TOWN q CITYI VILLAGE _. . _, r 2.Buyer I- TOM OF WRINGER I _ Name LAST NAME!COMPANY FIRST NAME LAST NAME f COMPANY FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent I Billing if other than buyer address(at bottom of form) _L.. Address LAST NAME f COMPANY FIRST NAME STREET NUMBER AND STREET NAME CITY OR TOWN STATE .ZIP CODE 4.Indicate the number of Assessment ❑ (Only if Part of a Parcel)Check as they apply: Rol[parcels transferred on the deed I I #of Parcels OR 1 Part of a Parcel 4A.Planning Board with Subdivision Authority Exists ❑ S.Deed 4B.Subdivision Approval was Required for Transfer Property ❑ p rty I I X I ) OR [ RQAD L?EDICATIO�V I 4C.Parcel Approved for Subdivision with Map Provided ❑ Size FRONT FEET AEPTR ACRES 6.Sailer �__ EI'INGIN I MAKS 1 Name LAST NAME�COMPANY FIRST NAME LAST NAME i COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply. 8.Ownership Type is Condominium ❑ A One Family Residential F Agricultural I Community Service S. New Construction on Vacant Land ❑ B 2 or 3 Family Residential F Comrnerciai 7 Industrial 10A.Property Located within an Agricultural District ❑ C X Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice indicating F-1D Non-Residential Vacant Land H Entertainment/Amusement L Forest thattfhe property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions as applicable to transfer: 11.Sale Contract Date / n/a l I A Sale Between Relatives or Former Relatives Month Day Year B Sale Between Related Companies or Partners in Business C One ofthe Buyers is also a Seller 12,Date of Sale/Transfer 98 D Buyer or Seiler is Government Agency or Lending Institution Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) G Significant Change in Property Between Taxable Status and Safe Dates 13.Full Sale Price L�_� I �_ y I„ L 0' , ' ' e H Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of 7 mortgages or other obligations.) Please round to the nearest Whale dolfar amount IbIMEYANCE OF ROAD TO TOM DEDICATION 14.Indicate the value of personal CE W)AT) M�DE p�d�(=R 7 7 property included in the sale I f 0 0 I ASSESSMENT INFORMATION- Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from which information taken I I 17.Total Assessed Value(of all parcels in transfer) I I 18.Property Class I—I—I 19.School District Name I waPPinger Central- I 20.Tax Map Identifier(s)/Roll Identifier(s) (if more than four,attach sheet with additional identifier(s)) I I I CERTIFICATION - I certify that all of the items of information entered on this form are true and correct(to the best of my knowledge and belief)and I understand that the making of any willfuk false statement of material fact herein will subject me to the provisions of the penal law relative to the making and Sling of false instruments. BUYER BUYER'S ATTORNEY TOM OF WAPPINGER { /98 ROBERTS I ALBERT P. '.BUYER SIGNATURE DATE LAST NAME FIRST NAME 20 Middl sh 914 1298-2000 STREET NUMBER STREET NAME(AFTER SALE) AREA CODE TELEPHONE NUMBER WaWinger,,S Falls I NY 1 12590 CITY ORT STATE ZIP CODE LLER NEW YORK STATE f COPY 5444-0213-7228®1997,Moore®A l Rights Reserved-0305m PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY C1.SWIS Code I I I I REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2. Date Deed Recorded + STATE BOARD OF REAL PROPERTY SERVICES I. Month pay Year RP _ 5217 C3. Book I ! I , I I C4. Page �L_ I l I I ` s,oRP-5217 Rev 3197 PROPERTY INFORMATION 1.Property II_ I Carmel Heights f/k/a Albert Lane Location STREET NUMBER STREET NAME � KaPMger I 112590 I CITY Oft TOWN VILLAGE ZIP CODE 2.Buyer I TOWN OF WAPP=R I I (`'lame LAST NAME(COMPANY FIRST NAME LAST NAME/COMPANY FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form) Address LAST NAME l COMPANY FIRST NAME STREET NUMBER AND STREET NAME CITY OR TOWN STATE Z!P CODE 4.Indicate the number of Assessment (Only if Part of a Parcel)Check as they apply: 1:1#of Parcels OR Roll parcels transferred on the deed �__ I Part of a Parcel 4A.Planning Board with Subdivision Authority Exists ❑ S.Deed I XAD DEDI IN 4B.Subdivision Approval was Required for Transfer ❑ Property FRONTF1+T X DEPTH OR? ACRES I 4C•Parcel Approved for Subdivision with Map Provided ❑ Size 6.Seller I PLAZA BUILDING COPP, Name LAST NAME/COMPANY FIRST NAME LAST NAME 1 COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: S.Ownership Type is Condominium ❑ A One Family Residential E Agricultural I Community Service 9-New Construction ort Vacant Land ❑ B 2 or 3 Family Residential F Commercial J Industrial 10A.Property Located within an Agricultural District ❑ C Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice indicating ❑ D Non-Residential Vacant Land H Entertainment 1 Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15,Check one or more of these conditions as applicable to transfer: 11.Sale Contract Date //a / I A Sale Between Relatives or Former Relatives ii7onth�'� Day Year B Sale Between Related Companies or Partners in Business tp C One of the Buyers is also a Seller 12.Date of Sale/Transfer I / ! I / 98 I D Buyer or Seller is Government Agency or Lending Institution Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) G Significant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price 0 I 0 I H Sale of Business is Included in Sale Price 1 ! • (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.Indicate the value of personal Commy&=e of road, dedication of road tD property included in the sale I I I I I r 1 0_T_0_J Town of Wappinger 7 7 ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from which information taken –- J 17•Total Assessed Value(of all parcels in transfer) I_ 18.Property Class 19.School District Name I Wappingers Central 20.Tax Map Identifierls]1 Roll Identifier(s) (If more than four,attach sheet with additional identifier(s]) I � CERTIFICATION — I certify that all of the items of information entered on this form are true and correct(to the best of my knowledge and belief)and I understand that the making of any willful false statement of material fact herein will subject me to the provisions of the penal law relative to the making and filing of false instruments. BUYER BUYER'S ATTORNEY TOWN of WPINGER /98 _ ROBERTS I Albert_ P. BUYER SIGNATURE DATE LAST NAME FIRST NAME by: 20 IMiddlebush }Dad 914 1 298-2000 STREET NUMBER STREET NAME(AFTER SALE) AREA CODE TELEPHONE NUMBER Wappingers Falls NY 12590 CITY OR TOWN STATE ZIP CODE SELLER NEW YORK STATE COPY �.. _ /98 DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: RECORDED : 01/12/2004 VERGILIS STENGER ROBERTS & PERGAMENT ALBERT ROBERTS ESQ AT : 14 :30 :52 1611 ROUTE 9 WAPPINGERS FALLS NY 1.2590 DOCUMENT # : 02 2004 385 RECEIVED FROM: BRIDGE CITY ABSTRACT GRANTOR: SEGAL ILANA GRANTEE : WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE: EASE DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS : RECORDING CHARGE : 44 . 00 NUMBER OF PAGES : 4 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #004009 E & A FORM: N *** DO NOT DETACH THIS *** PAGE TP-584 : Y *** THIS IS NOT A BILL COUNTY CLERK BY: MDS / RECEIPT NO: R02836 BATCH RECORD : C00225 COLETTE M. LAFUENTE County Clerk 0 2 2 0 0 4 3 8 5 A DRAINAGE EASEMENT This Agreement made this.e`day of July 1998, ILANA SEGAL, presently of 12 Plaza Road,Wappingers Falls,New York, 12590, (hereinafter called the"Grantor")and TOWN OF WAPPINGER, a municipal corporation with its principal place of business located at Middlebush Road, Wappingers Falls,New York(hereinafter called the "Grantee"), WITNESSETH : That the parry of the first part, in consideration of$1.00 actual lawful money of the United States, and other good and valuable consideration, the receipt of which is hereby acknowledged, does convey unto the Grantee, its heirs, successors and assigns, a permanent easement in, upon, over and under and through certain premises of the Grantor, being generally described as Grid#19-62.58-04-725241-00,Lot#40,Carmel Heights,Town of Wappinger,Dutchess County,New York, and more specifically described by metes and bounds on Schedule "A" which is annexed hereto and made a part hereof The easement granted herein is for the purposes of construction, operation and maintenance of sub-surface storm drainage collection systems,detention pond and outlet structures, which have been or will be constructed upon the demised premises, as well as for the purposes of allowing access by ingress and egress over the demised premises to reach these systems. The Grantor, its successors or assigns is hereby prohibited from constructing and/or maintaining any type of permanent structure including on, under or over the Permanent Easement Area without written permission of Grantee. The Grantor is also prohibited from erecting fences, WOLFSON GRELL.ER structures and planting any trees, shrubs, bushes, etc., that would otherwise interfere with the REISMAN & EGITTO ATTORNEYS AND Grantee's right to use the Permanent Easement Area as herein stated.. - COUNSELLORS AT LAW _ 11 MARKET STREET POUGMKEEPSIE.NEW YORK This easement shall be binding upon, and inure to the benefit of, the parties.hereto 12601 [714]454-220D and their respective heirs, successors and assigns forever. IN WITNESS WHEREOF,the Grantor has duly executed this easement the day and year first above written. q � ILANA SEGAL e esence of: Wft-NESS STATE OF NEW YORK ) )SS.: COUNTY OF DUTCHESS ) j On the �7x day of SU t_ ,1998, before me personally came ILANA SEGAL,to me known and known to me to be the individual described herein and she duly acknowledged to me that she executed the foregoing instrument. 7 NOTARY PI BL C CANDIS S.PASTERNAK Notary Public,State of New York Residing in Dutchess County Commission Expires April 3D, 19 WOLFSON GRELLER REISMAN 8k EGITTO ATTORNEYS AND COUNSELLORS AT LAW 71 MARKET STREET POUGHKEEPSIE,NEW YORK 12801 (914}454-12200 SCHEDULE "A" That certain lot of land situate,lying and being in the Town of Wappinger,Dutchess County, New York, is bounded and described as follows: Beginning at the intersection of the southwesterly corner of Lot #40 of Carmel Heights subdivision and the easterly side of All Angels Hill Road North 21-58-50 East 25.89 feet along the easterly side said All Angels Hill Road to a point, thence southeasterly through Lot#40 South 52-49-00 East 287.14 feet to a point on the westerly side of Carmel Heights (flk/a Albert Lane), thence southwesterly along the westerly line of Carmel Heights(flVa Albert Lane)on a curve to the left having a radius of 175.00 feet an arc distance of 25.02 feet and a chord bearing of South 36-45- 03 West to a point and the intersection with Lot #39 as shown on said filed map, thence northwesterly along the division line between Lots #39 &40 as shown on said filed map NORTH 52-49-00 WEST 280.55 feet to a point on the easterly line of All Angels Hill Road and the point or place of beginning. Containing 0.16 acres of land more or less. WOLFSON GRELLEfR REISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW II MARKET STREET POUGHKEEPSIE,NEW YORK 12601 (9147 434-2200 P DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: RECORDED: 01/12/2004 VERGILIS STENGER ROBERTS & PERGAMENT ALBERT P ROBERTS ESQ AT: 14 :23 : 06 1611 ROUTE 9 WAPPINGERS FALLS NY 12590 DOCUMENT # : 02 2004 382 RECEIVED FROM: BRIDGE CITY ABSTRACT GRANTOR: Z & M DEVELOPMENT CORP GRANTEE: WAPPINGER TOWN A lyre RECORDED IN: DEED TAX INSTRUMENT TYPE : DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS : RECORDING CHARGE : 97 . 00 NUMBER OF PAGES : 5 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #004006 E & A FORM: Y *** DO NOT DETACH THIS *** PAGE TP-584 : Y *** THIS IS NOT A BILL COUNTY CLERK BY: MDS / RECEIPT NO : R02831 BATCH RECORD: C00222,. COLETTE M. LAFUENTE County Clerk ti5s 0 2 2 0 0 4 3 8 2 a *r s v* A 291 Standard N.Y.B.T.U. Form 9007 JULIUS BLUMBERG,INC.,LAw LANK PUBLISFiER3 Bargain&sale deed,with covenant against grantor's acts—Ind.or Corp. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the -Zq day of �J_Wl, nineteen hundred and ninety-eight BETWEEN Z & M Development Corp. a New York Corporation ✓ with its principal place of business at 12 Plaza Road Wappingers Falls, New York 12590 party of the first part, and THE TOWN OF OF WAPP2NGER, a Municipal Corporation with its principal place of business at 20 Middlebush Road, Wappingers Falls, New York 12590, party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN and 00/100 ($10.00) �._..__���____�_�_� __ » .... ,_..------------------�..�.. dollars, lawful money of the United States, and othe o46od and valuable consideration paid �� r by the party of the second part, does hereby gt anti a'dd' release unto the party of the second part, the heirs or successors and assigns of the party of the fsecp"nd,*aft forever, ALL that certain plot, piece or parcel o Ind, situate, Iying and being in. the TOWN . ,s. iNGER, Cc unty of Dutchess and State of New York, being more particularly,; cr 0h Schedule "A" attached hereto and made part hereof. - " k Y .`. In— D) AUG 1998 ZONING ADIWINISTOATGI, LANDS OF ZVI SEGAL d/b/a Z & M DEVELOPMENT CORP. to be conveyed to THE TOWN OF WAPPINGER for CARMEL HEIGHTS - (f/k/a Albert Lane) - (job #97-047-Se al ) 7ow:, of Wappincer, Dutchess CourEty, Ne%,! ;'ork BALL that parcel of land situated in the Town of Wappinger,Dutchess County, New York, sknown as ALBERT LANE" as shown on a map entitled, "SUBDIVISION PLAT OF CARMEL HEIGHTS, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK", dated September 241 19;2, prepared b_..r Richard G, Barger. P.E. & L.L.S. and filed in the Dutchess County Clerks Office as filed map #66111. said parcel is more particularly described as follows: BEGINNING at a steel pin found set at the westerly end of a curve connecting the southerly line of Carmel Heights (f/k/a Albert Lane) with the westerly Zine of Sherwood Heights, (-said steel pin is in the front of Lot #31 as shown on said filed mao), thence westerly, northerly €. easterly along the southerl., westerly & northerly line of Carmel Heights (f/k/a Albert Lane) the following courses & distances: SOUTH 53-00-00 WEST 70.71 feet, on a curve to the right having a radius of 300.00 feet an arc distance of 106.42 feet, SOUTH 78-19--30 WEST 351.41 feet, on a curve to the right having a radius of i80.00 feet an arc distance of 30,:.,;6 feet, NORTH 03-21-40 WEST 150.461 feet, on a curve to the right having a radius of 175.00 feet an arc distance of 250,25 feet, NORTH 78-34-20 EAST 237.0;3 feet, on a curve to the left having a radius of 150.00 feet an arc distance of "35.11 feet, NORTH 46-04-50 EAST 99.96 feet, on a curve to the right having a radius of 200,00 feet an arc distance of i60.06 feet, SOUTH 83-03-50 EAST 25.93 feet and , on a curve to the left, connecting the northerly line of Carmel Heights (f/k/a Albert Lane) with the westerly line of Sherwood Height, having a radius of 25.00 feet an arc distance of 39.27 feet to a concrete monument found set on the westerly line of Sherwood Heights in front of let #45 as shown on said filed map, thence southerly along the westerly Iine of Sherwood Heights SOUTH 01-56-10 WEST 100.00 feet to a point at the southerly end of a curve connecting the westerly line of Sherwood Heights with the southerly line of Carmel Heights (f/k/a Albert Lane), thence westerly, southerly & easterly along the E-outherly, easterly & northerly line of Carrel Heights (f/k/a Albert Lane) the following courses & distances_ - on a curve to the left having a radius of 25.40 feet an arc distance of 39.27 feet, SOUTH '3-03-50 crEST 25.9-P, feet, on a curve to the left having a radius of 150.00 feet an arc distance of 120.00 feet,. SOUTH 46-04-50 WEST 99.96= feet, on a curve to the right having a radius of 200,00 feet an are distance of 113,48 feet, SOUTH7j-34--20 WEST 237,03 feet, on a curve to the left having a radius of 125.00 feet an arc distance of 17 .75 feet. SOUTH 03-21-40 EAST 150.461 feet, on a curve to the left having a radius of 130.00 feet an arc distance of 223,07 feet, NORTH 78-19-30 EAST 351.41 feet, on a curve to the left having a radius of 250.00 feet an arc distance of 8;.X.69 feet and NORTH 54-00-00 EAST 74.71 feet to a concrete monument found set at the westerly end of a curve connecting the northerly line of Carmel Heights (f/k/a Albert Lane) with the westerly line of Sherwood Heights, said point is in the front of lot #46 as shown on said filed .,,ap, thence southeasterly crossing Carmel Heights (f/k/a AIbert Lane) SOUTH 2r;-33-31 EAST 50.09 feet to the paint or place of beginning. VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGU.IS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER (845)298-2000 IRA A_PERGAMENT ALBERT P.ROBERTS LEGAL ASSISTANT: LOUIS L VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOAN F.GARRETT** THOMAS R.DAMS e-mail:VSRP@BestWeb.net POUGHKEEPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALL POUGFIREEPSIE,NY 12601 KAREN P.MACNISH (845)452-1046 KEVIN T.MCDERMUFT PINE PLAINS OFFICE STEVEN K.PATTERSON 2990 CHURCH ST. JAY B.RENFRO P.O.BOX 21 PINE PLAINS,NY 12567 *ADMITTED TO PRACTICE (518)398-9857 IN NY&PLA. •*ADMrrrED TO PRACTICE IN NY&CONN. ADDRESS REPLY TO:( )POUGHJCEEPE SI ( )WAPPINGERS ( )PINE PLAINS March 3, 2004 Hon. Gloria Morse, Town Clerk RECEIVED Town of Wappinger 20 Middlebush Road MAR a 4 2004 Wappingers Falls,New York 12590 Re: Carmel Heights Subdivision TOWN CLERK File No. 12949.0380 Dear Gloria: Enclosed please find the following original documents recorded in the Office of the Dutchess County Clerk with their respective recording receipts: • Deed from Z&M Development Corp. to the Town of Wappinger recorded on January 12, 2004 at Document No. 02 2004 382; • Drainage Easement between Ilana Segal and the Town of Wappinger recorded on January 12, 2004 at Document No. 02 2004 385; • Drainage Easement between Plaza Building Corp. and the Town.of Wappinger recorded on January 12, 2004 at Document No. 02 2004 383; and • Drainage Easement between Doreen Davidowitz and the Town of Wappinger recorded on January 12, 2004 at Document No. 02 2004 384. Very trul yours, VERG S STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP L R P. ROBERTS AP g .� 11Vsrp03\Common\W appinguT]anningBoard\Carme]Hgts\030304-morse.doe DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: y RECORDED : 01/12/2004 VERGILIS STENGER ROBERTS & PERGAMENT ALBERT ROBERTS ESQ AT: 14 :26 : 16 1611 ROUTE 9 WAPPINGERS FALLS NY 12590 DOCUMENT # : 02 2004 383 RECEIVED FROM: BRIDGE CITY ABSTRACT GRANTOR: PLAZA BUILDING CORP GRANTEE : WAPPINGER TOWN 4r r RECORDED IN: DEED TAX INSTRUMENT TYPE: EASE DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS : RECORDING CHARGE: 44 . 00 NUMBER OF PAGES : 4 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #004007 E & A FORM• N *** DO NOT DETACH THIS *** PAGE TP-584 : Y *** THIS IS NOT A BILL COUNTY CLERK BY: MDS / RECEIPT NO: R02833 BATCH RECORD: C00223 COLETTE M. LAFUENTE County Clerk 0 2 2 0 0 4 3 8 3 Q DRAINAGE EASEMENT This Agreement made thisday of July 1998, PLAZA BUILDING CORP., with its principal place of business located at 12 Plaza Road, Wappinger Falls,New York 12590„ (hereinafter called the"Grantor")and THE TOWN OF WAPPINGER,a municipal corporation with its principal place of business located at N iddlebush Road,Wappingers Falls,New York(hereinafter called the "Grantee"), WITNESSETH : That the parry of the first part, in consideration of$1.00 actual lawful money of the United States, and other good and valuable consideration,the receipt of which is hereby acknowledged, does convey unto the Grantee, its heirs, successors and assigns, a permanent easement in, upon, over and under and through certain premises of the Grantor, being generally described as Grid-#1 9-6258-04-715209-00,Lot#3 8,Carmel Heights,Town of Wappinger,Dutchess County,New York, and more specifically described by metes and bounds on Schedule "A" which is annexed hereto and made a part hereof. The easement granted herein is for the purposes of construction, operation and maintenance of sub-surface storm drainage collection systems.detention pond and outlet structures', which have been or will be constructed upon the demised premises, as well as for the purposes of allowing access by ingress and egress over the demised premises to reach these systems. The Grantor,its successors or assigns is hereby prohibited from constructing and/or maintaining any type of permanent structure including on, under or over the Permanent Easement Area without written permission of Grantee. The Grantor is also prohibited from erecting fences, WOLFSON GRELLER REISMAN & EGITTO structures and planting any trees, shrubs,bushes, etc., that would otherwise interfere with the ATTORNEYS AND COUNSELLORS AT LAW 1I MARKET STREET Grantee's right to use the Permanent Easement Area as herein stated.. POUGHKEEPSIE.NEW YORK 12601 (R14)454-2200 This easement shall be binding upon, and inure to the benefit of,the parties hereto and their respective heirs, successors and assigns forever. IN WITNES S WHEREOF,the Grantor has duly executed this easement the day and ear first above written. PLAZA BUJLV G C By: vi Se 1, Pr sident Ln the e f: 55 STATE OF NEW YORK ) )SS.. COUNTY OF DUTCHESS ) On the .10""" day of 'U'V L-q I q � , before me personally came Zvi Segal, o me known,who being by me duly sworn, did depose and say that he resides at No. 12 Plaza Road,Wappingers Falls,New York,that he is the President of Plaza Building Corp., the corporation described in and which executed the foregoing instrument;that he knows the sela of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto be like order. IAlt NOTARY PUBLIC CANDIS S.PASTERNAK Notary Public,State of New York WOLFSON GRELLER Residing in Dutchess county REISMAN & EGITTO commission Expires April 30, 18 ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET POUGHKEEPSIE,NEW YORK 12601 (914}454-2200 ROAIC 4 -;n q 4: 31 Le.921 DLS-le-Mi —tion Drainage Easement 1. t#3 8 Carmel Heights To of Wappingm, Dulchtss County,New York That certain lot of larid siWate, lying and being in the Town of Wappingers, Dutchess County, New York, is bounded and described as follows: Bcginning at the intersection of the northwesterly corner of lot#38 of the Cannel Heights subdivision and u� c' tasterly side of All Angels Road the "31'20"'East 10439% Thence along the followaxg(2) cours es, South 36'3225" West 150,00', North 63'04'26"West I 11.19 to a point on the eastern edge of All Angels Road,Thence along the easterly edge of said road North 42'13'40"East 130.00' to the point and place of beginning. Containing 0.33 acces of hind more or less. OF Nt IV DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: RECORDED : 01/12/2004 VERGILIS STENGER ROBERTS & PERGAMENT ALBERT ROBERTS ESQ AT : 14 :28 : 47 1611 ROUTE 9 WAPPINGERS FALLS NY 12590 DOCUMENT # : 02 2004 384 RECEIVED FROM: BRIDGE CITY ABSTRACT GRANTOR: DAVIDOWITZ DOREEN GRANTEE : WAPPINGER TOWN i � RECORDED IN: DEED TAX INSTRUMENT TYPE : EASE DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS : RECORDING CHARGE : 44 . 00 NUMBER OF PAGES : 4 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #004008 E & A FORM: N *** DO NOT DETACH THIS *** PAGE TP-584 : Y *** THIS IS NOT A BILL COUNTY CLERK BY: MDS / RECEIPT NO : R02835 BATCH RECORD: C00224 COLETTE M. LAFUENTE County Clerk 0 2 2 0 0 4 3 8 4 a t DRAINAGE EASEMENT This Agreement made this V day of July 1998,DOREEN DAVIDOWITZ,presently of Avon Road, Larchmont, New York, (hereinafter called the "Grantor") and TOWN OF WAPPINGER, a municipal corporation with its principal place of business located at N iddlebush Road, Wappingers Falls,New York(hereinafter called the "Grantee"), WITNESSETH : That the party of the first part, in consideration of$1.00 actual lawful money of the United States, and other good and valuable consideration, the receipt of which is hereby acknowledged, does convey unto the Grantee, its heirs, successors and assigns, a permanent easement in, upon, over and under and through certain premises of the Grantor, being generally described as Grid#19-6258-04-719224-00,Lot 93 9,Carmel Heights,Town of Wappinger,Dutchess County,New York, and more specifically described by metes and bounds on Schedule "A" which is annexed hereto and made a part hereof. The easement granted herein is for the purposes of construction, operation and maintenance of sub-surface storm drainage collection systems,'detentionpond and outlet structuresf which have been or will be constructed upon the demised premises, as well as for the purposes of allowing access by ingress and egress over the demised premises to reach these systems. The Grantor,its successors or assigns is hereby prohibited from constructing and/or maintaining any type of permanent structure including on,under or over the Permanent Easement Area without written permission of Grantee. The Grantor is also prohibited from erecting fences, WOLFSON GRELLER Structures and planting any trees, shrubs, bushes, etc., that would otherwise interfere with the REISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW Grantee's right to use the Permanent Easement Area as herein stated.. . I 1 MARKET STREET POUGHKEEPSIE,NEW YORK This easement shall be binding upon, and inure to the benefit of,the parties hereto 12601 (914)454-2200 and their respective heirs, successors and assigns forever. IN WITNESS WHEREOF",the Grantor has duly executed this easement the day and. year first above written. DOREEN DAVIDOITZ f„ In e presence of.. WITNESS STATE OF NEW YORK ) )SS.: COUNTY WESTCHESTER) On the h4— day of ,1998, before me Personally came DOREEN DAVIDOWITZ,to me known and known to me to be the individual described herein and she duly acknowledged to me that she executedthe foregoing,instrument ;: ... " l AAR`i' PUBLIC BERNARD ISER No 01-4728217 Qualified in Queens COunty Commiss',on [)f�pirps Aprii 30R 2000 WOLFSON GRELLER REISMAN to EGITTO A770RNEYS AND COUNSELLORS AT LAW 1:1 MARKET STREET IPOUGHKEEPSIE., NEW YORK 12601 (094,)454-2200 SCHEDULE "A" That certain lot of land, situated, lying & being in the Town of Wappingers, Dutchess County,New York, said easement is bounded and described as follows: Beginning at the intersection of the northwesterly comer of lot #39 & the southwesterly corner of Lot #40 of Carmel Heights subdivision and the easterly side of All Angels Hill Road, thence southeasterly along the division line between Lot 439 &Lot#40 as shown on said filed map South 52-49-00 East 280.55 feet to a point on the westerly side of Carmel Heights (f/k/a Albert Lane),thence southwesterly along the westerly line of Carmel Heights(flkla Albert Lane)on a curve to the left having a radius of 175.00 feet an are distance of 25.31 feet and a chord bearing of South 28-30-41 West to a point, then ce northwesterly & southwesterly through Lot 439 the following courses&distances:North 52-49-00 West 193.55 feet&South 36-32-25 West 150.01 feet to a point on the division between Lots 43 8 &#39 on said filed map,thence northwesterly along the division line between Lots#38 &#39 North 75-31-20 West 104.39 feet to a point on the easterly line of All Angels Ilill Road,thence northeasterly along the easterly line of All Angels Hill Road North 42-13- 40 East 68.02 feet and North 36-20-20 East 147.57 feet to the point or place of beginning. Containing 0.52 acres of land more or less. WOLFSON GRELLER REISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET POUGHKEEPSIE,NEW YORK 12601 (914)454-2200 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914) 298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS_ KENNETH M.STENGER DALE O'DONNELL ALBERT R ROBERTS AMY E_WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGEK EPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHIIKEEPSIE,NY 12601 TODD ROBINSON" (914)452-1046 'ADMITTED TO PRACTICE ADDRESS REPLY TO:( }POUGHKEEPSIE IN NY&FLA. ( }WAPPINGEAS *'AD.IIITED TO PRACTICE IN NY&CONN. August 19, 1998 Town Board, Town of Wappinger P.O. Box 324 Wappingers Falls,NY 12590 Re: Z&M Development Corp./Carmel Heights Road Dedication Our File No. 12949.0143 Dear Board Members: I have reviewed copies of the following documents,the originals of which have been delivered to Elaine Snowden, Town Clerk: 1. Irrevocable Offer of Cession with legal description for road bed attached, and three separate descriptions for drainage easements through lots 38,39, and 40. Comment: The Offer of Cession is in proper form. However, the descriptions for the drainage easements should clearly be identified as such. That can be accomplished prior to recording. 2. Revised Performance Bond secured by a letter of credit executed by Z&M Development Corp. and Zvi Segal, individually. Comment: This document approved as to form. 3. Drainage Easement dated July 21, 1998, from Doreen Davidowitz to the Town of Wappinger with accompanying Gains Tax Affidavit. Comment: These documents are approved as to form, subject to verification of legal description by Joseph E. Paggi, Jr., P.E. Town Board, Town of Wappinger August 19, 1998 Page 2 4. Drainage Easement dated July 20, 1998, from Plaza Building Corp. to the Town of Wappinger with accompanying Gains Tax Affidavit. Comment: These documents are approved as to form, subject to verification of legal description by Joseph E. Paggi, Jr.,P.E. 5, Drainage Easement dated July 20, 1998, from Ilana Segal to the Town of Wappinger (Lot 40) with accompanying Gains Tax Affidavit. Comment: These documents are approved as to form, subject to verification of legal description by Joseph E. Paggi, Jr., P.E. 6. Deed for road bed for Carmel Heights f/k/a Albert Lane dated July 29, 1998, from Z&M Development Corp. to the Town of Wappinger together with accompanying E&A Form and Gains Tax Affidavit. Comment: Deed is in proper form, subject to verification of legal description by Joseph E. Paggi, Jr., P.E. I am also in receipt of title report for the road bed which is in proper form; the report is to be amended to include the three (3) drainage easements above mentioned. Based on my review of the above and subject to Mr. Paggi's verification of the legal descriptions, the performance bond may be accepted by the Town Board with the direction to Z&M Development Corp. to record the Offer of Cession with corrections as noted above. Graham Foster and Mr. Paggi should advise the Board if it should accept the drainage easements prior to acceptance of the road. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/lth P.S. -- Per call from Jay Paggi after above was drafted, the "arc distance of 120.00 feet" should be changed to "120.05". cc: Hon. Constance O. Smith, Supervisor Han. Robert Valdati, Councilman(sent to home address) Han. Joseph Ruggiero, Councilman(sent to home address) Han. Vincent Bettina, Councilman(sent to home address) Hon. Joseph P. Paoloni, Councilman(sent to home address) Hon. Graham Foster, Highway Superintendent Joseph E. Paggi, Jr., P.E. Planning Board, Town of Wappinger Donald Close, Zoning Administrator WOLFSON GRELLER REISMAN & EGITTO ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET POUGHKEEPSIE, NEW YORK 12001-3260 (914) 454-2200 FAX. 614-454-4366 CARL S. WOLFSON MARK I. REISMAN STEPHEN L. GRELLER JOSEPH A. EGITTO p OF COUNSEL HEATHER L. KITCHEN August 1H, 1998 Elaine Snowden, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Town of Wappinger - Carmel Heights (f/k/a Albert Road) Road Dedication Our File # 10,685 Dear Mrs. Snowden: We hand deliver herewith the revised documents in re the above matter. Some of these documents have been revised in accordance with our conversation with Albert P. Roberts, Town Attorney. At his suggestion, a copy of this letter and all revised enclosures are being sent to Mr. Paggi, the Town Engineer, Mr. Close the Zoning Administrator, and Mr. Roberts. We understand this matter is on the agenda for the Town Board meeting this coming Monday, August 24`h, 1998. e Yosi re CARL S LFSON C SWpi Encs. cc: Joseph Paggi, Town Engineer cc: Donald Close, Zoning Administrator cc: Albert P. Roberts, Esq., Town Attorney PAGGI, MARTIN & DEL BENE LLP Consulting Engineers &Lund Surveyors 54-56 Main Street Poughkeepsie,New York 12601 914-471-789$ h . 914-471-0905 (FAX) August 17, 1998 Zoning Enforcement Officer KEEN Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Don Close Reference: Carmel Heights Dedication Dear Mr. Close: I am in receipt of a letter from Linda Nguyen, Planning Board Secretary, dated August 13th, 1998, regarding the above referenced subdivision. I have reviewed the revised deed description prepared by Mr. Kilhmire dated August 121h,1 998, and advise that it appears to be in conformance with the Filed Map at this point in time. I have also reviewed the revised as-built dated July 17th, 1998, (not revised). It is noted that the invert elevation for Manhole 12 has been changed in ballpoint pen. The elevation listed on that drawing in ballpoint pen appears to be consistent with what was built in the field. If there are any questions regarding the above, please do not hesitate to contact this office. Very rely yours, Joseph E. Paggi, J JEP:Iaw cc: Hon. Constance 0. Smith, Supervisor Han. Vincent Bettina, Councilman Hon. Joseph Ruggiero, Councilman Non. Joseph Paoloni, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden Planning_Board Graham Foster Svi Segal Ray Kilhmire, L.S. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,RE. -� TOWN OF WAPPINGER P.O. B x 32 ,: PLANNING BOARD 20 Mid h Road Wappingers Falls, NY 12590-0324 r To: Elaine Snowden Town Clerk From: Linda Nguyen Plamiing Board Secretary 1 Re: Carmel Heights Road Dedication Date: August 13, 1998 Per Mr. Paggi's letter dated August 10, 1998, Mr. Kihlmire,PE, has revised the as-built road survey. Attached you will find a letter dated August 1; 1998, from Mr. Kihlmire, PE, and revised metes and bounds. Additionally,you will find Combined Real Estate Transfer Tax Return, and Real Property Transfer Report. CC. Mr. Paggi, Town Engineer(Hand Delivered) Mr. Roberts, Town Attorney, (Hand Delivered) Mr. Foster, Highway Superintendent c c v TOWN OF WAPPINGER P.O. Box 324 PLANNING BOARD 20 Middlebush Road Wappingers Falls, NY 12590-0324 r To: Madam Supervisor and Town Board Members From: Mr. Donald Close Re: Sherwood Heights Road Name Change Date: June 2, 1998 Mr. Zvi Segal submitted a letter dated May 18, 1998,requesting the Planning Board and the Town Board to consider changing Albert Drive to Carmel Heights due to some confusion with other roads in the Town. (Mr. Segal's letters were previously forwarded to the Town Board.) Mr. Segal's letter was submitted to the Fire Inspector for his review and approval, which he stamped approved on May 21, 1998. The Planning Board on June 1, 1998, unanimously voted in favor of recommending to the Town Board to change Albert Drive to Carmel Heights. DC/In CC: Planning Board Dan Wery Jay Paggi Al Roberts Elaine Snowden Fire Inspector Mr. Segal TR-584 (10/96) Recording Office Time Stamp New York stale Department of Taxation and Finanoe Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate See instructions (TP-584,U before compfeting this form. Please print or ty e. Schedule A — Information Relating to Conveyance Grantor Name (i1 individual,last,first,middle initial) Social Security Number ® Individual ETINGIN MAKS 046 1 24 1 5456 ❑ Corporation Mailing address Social Security Number 140 East 81st Street ❑ Partnership City State ZIP code Federal employer idem.number ❑ Other New York NeW York 10028 Grantee Name (it individual,last,first,middle initial) Social Security Number ❑ individual TiODN OF WAPPINGER (a Corporation Mailing address Social Security Number ❑ Partnership 20 Middlebush Road City State ZiP code Federal employer ident.number ❑ Other Wappingers Falls New York 12590 Location and description of property conveyed Tax i ap designation Address CityNfllage Town County Section Block Lot Carmel Heights t/k/a Albert Lane Wappinger Dutchess Type of property conveyed (check applicable box) 1 ❑ 1 - 3 family house 5 ❑ Commercial/Industrial 2 ❑ Residential cooperative 6 ❑ Apartment building hate of ^onveyanbe Percentage of real property 3 ❑ Residential condominium 7 ❑ Office building conveyed which is residential 4 n Vacant land 8 ❑ Other _ I /6 198 real property 100 % month day year (see in_qfructions) Condition of conveyance (check all that apply) a. A'onvoyance of foo Intotest I. _Conveyance which consists of a'more k. —Contract assignment b.' —Acqulsllion of it conliolling luterost (stale chango of Identify or form of ownership or 1. _Optlon m-signmoni or surronder perconlago acquired __ _ _ %) organization (rrllach form 7"P-584.t,Schedule F) in, Loasohold assignmod or surrender c. --Transfer of a conlroiling Interest (slate g. —Conveyance for which credit for lax n. _Leasohold giant percentage transferred %) previously paid will be claimed o. —Conveyance of an easement (attach Form TP-584.1,Schedule G) p• —Conveyance for which exemption from d.. —Conveyance to cooperative housing transfer tax is claimed(complete Schedule B, corporation h. —Conveyance of cooperative apartment(s) Part lEl) e. —Conveyance pursuant to or in lieu of i. —Syndication q. —Conveyance of property partly within and foreclosure or enforcement of security j. —Conveyance of air rights or devolopment partly wilhout the slate Interest(attach Form TP-584.1,Schedule C) rights r. X.Other (describe) Schedule B -- Real Estate Transfer Tax Return (Article. 31 of the Tax Law) Road to Town, Dedication of Part I— Computation of Tax Due Road to Town of Wa in er 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from fax, check the exemption claimed box, enter consideration and proceed to Part 111)................................. i Exemption claimed 1 2'Continuing lien deduction (see instructions it property is Taken subject to mortgage or Gen) ............................. 2 3 Taxable consideration (subtract line 2 from line 1)............................................,..................... 3 0 4 Tax: $2 for each $500, or fractional part thereol, of consideration on line 3 ..................................... 4 5 Amount of credit claimed (see instructions and aflach Form TP-584.1, Schedule G)................................... 5 0 6 Total tax due" (subtract line 5 from line 4).!...................................... ................................ 61 0 Part II-- Computation of Additional Tax Due on the Conveyance of Residential Beal Property for $1 Million or More 1 Enter amount of consideration for conveyance (from Part 1, tine 1) ............................................. 1 0 2 Taxable consideration (mulliply line 1 by the percentage of the premises which is residential real property,sea instructions)....... 2 0 3 Total additional transfer tax due' (1% of line 2) ................................ ....:.......,.................. 3 `Please make check(s) payable to the county clerk where the recording is to take place or if the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. 11 no recording is required, send this return and your check(s) made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, TTTB-Transfer Tax, PO Box 5045, Albany NY 12205-5045. For recording officer's use Amount Date received ow Transaction number received Part t S Part[ $ TP-584 (10/96) (back) Schedule B — (continued Part III - Explanation cf Exemption Claimed in Part 1, line 1 (check any boxes that apply) The conveyance of real property is exempt from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities, agencies or political, subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state oar Canada)...... .......................... a b. Conveyance is to secure a debt or other obligation....... ............................... ............... b r-1 c Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance.. ...... c El d. Conveyance of real property is without consideration and not in connection with a safe, including conveyances conveying reallyas bona fide gifts ......................--............... ...—...................--................... .......... d El a. Conveyance is, given in connection with a tax sale................................................................. a f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real' property comprising the cooporativo dwelling or dwellings.) Attach Form TP-584,1, Schedule F.............. ....--................ f g. Conveyance consists of deed of partition ... ............... ............—...--...... ...... ............... 9 El h. Conveyance is given pursuant to the federal bankruptcy act......... .................. ................. ........ h ❑ i. Conveyance consists of the execution of a contract to sell real property Without the use or occupancy of such property or the granting of an option to purchase real property without 1.110 use or occupancy of such property .,..................... [:-J j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1-. 2-, or 3-family house, an individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment.. ............................ ......... ....... ............—........ ......... J E-] k. Conveyance is not a conveyance within the meaning of section 1401(a) of Article 31 of the Tax Law (attach documents supporting such claim)..................... ............--.................... ....... ........ ........ k E] i. Other (attach explan tion)..... Road, ,Dedication. of I Road d .to..T.ow.n of.,W.apping.er......_ i ... ....... ..... . Schedule 4;_ Creoit Line Mortgyge icat- I rticlell of the Tax Law)__ Complete the following only If the Interest being transferred Is to fee simple Interest. I (we) comity that: (check thea appropriate box) 1 R1 The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2 F1 The real property being sold or transferred is Subject to an Outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: E] The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer. 0 The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to ilia original obligor or to one or more of the original obligors, or (13) to a person or onMy where 501% or more of the ben clicial interost in FLICh real property after (fie transfer is held by the transferor or such relatod person or persons (as in the case of a transfer to a trustee for the benefit of a minor or the transfer to a trust for the benefit of the transferal.). The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court.: The maximum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupled residence or dwelling. Please note: for purposes of determining whether the maximum principal amount SeWred Is $3,000,000 or more as described above, the amounts secured by two or more credit line mortgage's may be aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. F1 Other (attach detailed explanation). 3 ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the following reason: EJ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. F] A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a satisfaction of such mortgage, will be recorded as soon as it is available, 4 El The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or, if the recording is to take place in New Yolly""maka chock payable to the NYC Department of Finance.) f q Sianbtune Vbbth'thgAtaqtor(s) acid grp�nteer(S) MUST Sign). The u dersig ed!\eQ��(fy that the above return, including any certification, schedule or attachment, is to the best of his/her knowledge, true rT and c millet TOWNL OF WAPPINGER Granter "" Title BY: Grantee Title MAKS Eq'15GIN Reminder:Did you complete all of the required Information In Schedules A and B? Were you required to complete Schedule C? If you checked e, t or g In Schedule A,did you complete TP-584.1?Have you attached your check(s)made payable to the county clerk where recording will take place or,if the recording Is In Now York City,to the NYC Department of Finance? It no recording Is required,send your check(s),made payable to the Department of Taxation and Finance,directly to the NYS Tax Department,TITS-Transfer Tax,PO Box 5045,Albany NY 12205-5045. STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. STATE OF NEW YORK, COUNTY OF DLT=SS SS: STATE OF NEW YORK. COUNTY OF SSs On the a`9 day of W 7 0 i-4' 1998 , before me On the day of 19 , before me personally came Zv Segal personally came to me known, who, �eing�y me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he reside t NowT12 Plaza Road, 'whom I am personally acquainted, who, being by me duly Wappingers Fa fs, i s sworn, did depose and say that he resides at No. that he is the President of Z & M Develo"Ment *orp. that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows .the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board. of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h lsname lthereto by like order. at the same time subscribed h name as witness thereto. Notary Public CANDIS S.FASTERNAK Notary Public,State of New York Residing in Dutchess County Comrnission Expires April 30, 19 36argain anb Bale ;Deeb SECTION WITH COVENANT AGAINST GaANToies ACTS BLOCK TITLE No. LOT COUNTY OR TOWN a iMESS/Wappinger Z & M DEVELOPMENT CORP. TO THE '1'Cx'J1V OF WAPPINGER RETURN BY MAIL TO: ALBERT P. ROBERTS, ESQ. vergilis, Stenger, Roberts & Pergament 1611 Route 9 Wappingers Falls, NY 12590 Zip No. w u O m a 0 U W 04 w O N ti O 4., Qa U R y h .ti y., V ti TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for iThis conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so rewires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESEN - r Z & M D P CORP. / _ bys ZVI SEGAL, esident