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Ada Drive I DUTCHESS COUNTY CLERK RECORDING PAGE RECORD&RETURN TO RECORDED: 11/21/2007 VERGILIS STENGER ROBERTS. . . HAMPTON BUSINESS CTR AT: 10 : 58:22 1136 ROUTE 9 WAPPINGERS FALLS NY 12590 DOCUMENT #:02 2007 8396 RECEIVED FROM: RICHARD BARGER GRANTOR: PHANTOM HOLLOW EQUITIES INC GRANTEE: WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE: EASE DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 68, 0.0 NUMBER OF PAGES: 12 TRANSFER TAX AMOUNT: TRANSFER TAX 'NUMBER: #002302 E & 'A FORM: N *** DO NOT DETACH THIS- *** PAGE TP--584 : Y *** THIS IS NOT A BILL Vl\ . IN COUNTY CLERK BY. CAN / RECEIPT NO: R77097 BATCH RECORD: D001.49 0�66FORD KENDAL. County Clerk ' C5 0 2 2 0 0 7 8 3 9 6 R WHEREAS, the specific purpose of this easement is to protect and conserve the present scenic, ecological and environmental values of the buffer area and ensure that it remains undisturbed by development, except as provided herein; and WHEREAS.a condition of the Resolution. of Final Approval requires the creation of a Conservation Easement on a portion of the property, which said portion is described in the annexed Schedule"A."; and NOW, THEREFORE, in consideration of the foregoing, the Declarant hereby covenants and declares as follows_ L DECLARATION OF CONSERVATION EASEMENT Declarant hereby declares a conservation easement over so much of the Property as is described in the annexed Schedule"A". Such conservation easement consists of-the restrictions set forth below and is for the purpose of preserving the natural conditions of _ the Easement Area and protecting the natural resources thereof(hereinafter referred to as the "Conservation Purposes"). 2. DECLARATION OF RESTRICTIONS In order to accomplish,safeguard and promote the Conservation Purposes, Declarant hereby declares and covenants that the Property shall be held, sold, conveyed and transferred subject to the restrictions set forth below,which restrictions shall run with the land and be binding upon all parties acquiring any right, title or interest in the Property or any part thereof The Easement.Area shall not be disturbed, altered or improved in any manner or by any means, it being the intention that the Easement Area be left forever in its natural condition. Without limiting the generality of the foregoing, the foIIowing activities are prohibited in the Easement Area: (a) Cutting or removing of trees, shrubs or existing vegetation and the harvesting of timber shall be prohibited, except to the minimum extent necessary to: (1) I I 1 shall do nothing that controverts the provisions of this Paragraph. Declarant may post that Property of the easement area to prevent trespass. 4. . DECLARANT'S AND OWNER'S ENFORCE NT RIGHTS I Declarant and any owner of the property, or any portion thereof, shall have the Tight to enforce this Declaration by any proceeding at law or in equity, against any party or parties violating or attempting to violate this Declaration,to restrain such violation, to require specific performance and/or to recover damages, including without limitation reasonable attorneys' fees, so long as the enforcing party shall be an owner of the Property. The Town of Wappinger is hereby deemed a beneficiary of this Declaration and shall have the right, but not the obligation,to enforce this easement in law or equity pursuant to the provisions of Section 247 of the General Municipal Law against any or all owners of the premises as if this Declaration of Easement had been conveyed to it under that section. The Town of Wappinger joins in the execution of this declaration. In the event that an owner shall violate any provision of this Declaration, such owner shall promptly cure the violation by(a) ceasing the violation, or(b) restoring the premises to the condition before the violation, or(c)both,as the case may be. Any notice i to restore the premises shall generally provide the owner at least five days Written notice - of said violation and provide an opportunity to for the owner to perform the work necessary to cure such violation. The notice commences from the date the owner receives such written notification. S. LIMITATION OF LIABILITY Declarant and any owner of the Property,or any portion thereof, shall have no liability for the observance or performance of the terms of this Declaration after such party has transferred its interest in any lot to a third party,but shall remain liable and responsible for any acts done or conditions that occurred during the transferor's i 14. NOTICES Any Notice required or desired to be given by a party shall be in writing and shall be given by either(1)overnight delivery or(2) certified mail, return receipt requested and regular mail,to the other party at the address set for on the then current Town tax roll. Such notice shall be considered to be given upon receipt. 11. CHEMICALS The easement area shall be managed in accordance with sound and generally accepted soil and water conservation practices. No pesticide,herbicide, fertilizer or other chemical treatment for land, vegetation or animals shall be used unless it is done in accordance with applicable laws and regulations, and will not contaminate any water body: IN WITNESS WHEREOF,Declarant has executed this Declaration as of the date - first appearing above, intending the same to be simultaneously recorded in the Office of the Dutchess County Clerk. PHANT OLLOW EQ TITES,INC. By-;T Richar G. er TOWN OF WAPPING R k By: Josep uggiero Barger & Miller LICENSED Engineering&Land Surveying 280 Nein Hackensack Road P.O. Box 1751 Wappingers Falls, NY 12590. Phone (845) 463-6555 Fax#E(845)463-6922 April5, 2007 ........ ...................................................... a i .PHANTOM HOLLOW EQUITIES TO x TOWN OF WAPPINGER CONSERVATION EASEMENT'S Description ofa certain parcel of land situate in the Town of Wappinger, ° County of Dutchess and the State of New York. C0NSERVATI0N EASEMENT. NO. 1 Beginning at aoint on the P Westerly line of -Cedar Hill Road, said point being the intersection of the Westerly lineof said Cedar Hill Road with the Northwesterly line of lands of now or for= merly CEDAR HILL DEVELOPMENT CORPORATION, Liber 1950 Page 21, said line . also the Northwesterly line of PARCEL - II as shown on a SU8- DIVISION FOR ELIZABETH DONOVAN" Filed Map No. 7102 -and running thence along the Northwesterly lne of lands of now or formerly said CEDAR . HILL DEVELOPMENT CORPORATION, generally along the remains of a stone wall, SOUTH 68-01-15 WEST 56.49 feet to a point; thence leaving said line and over and through lands of Phanton Hollow Equities, along the R,crtherly line of Marcy South Powerline Easement, NORTH 80-42-39 @'r ST 645.15 feet' ta'a point on the Southerly line of Central Hudson Gas & Electric Corporation right--of-way; thence leaving said line and running along the Southerly line of Central Hudson Gas & Electric Corporation right-of-way, still over and through lands of Phantom Hollow Equities, N12TH 69-59-16 EAST 807, 46 feet to a point on the Westerly. line of aforesaid Cedar Hill Road; thence leaving said line and running along the Westerly line.- Of said Cedar Hill Road, the following: SOUTH 00-29-45 WEST 3 . 62 feet. to a point; thence SOUTH 06-20--30- WEST 114.45 feet to a Point; thence SOUTH 12-59-25 WEST 57 .62 feet to a point; thence SOUTH 16-30-10 WEST 89.25' feet to a point; thence SOUTH 10-27-00 WEST 101. 87 feet to the point of beginning containing 3 .158 acres of land be the . same more or less. CONSERVATION EASEMENT NO. 2 Beginning at a point on the Northwesterly Fine of lands now • • 1aui�ig said line and running over and through lands of Phantom Hollow Equities, the grantor herein, the following: NORTH 53-30-05 EAST 119 . 86 feet to a point; thence NORTH 77-22-24 EAST 86_. 64 feet to a point; thence NORTH 86-36-00 EAST 64 . 16 feet to a point; thence SOUTH 77-42-22 EAST EAST 91.50 feet to a point; thence NORTH. 86-00-12 168.29 feet to a point, thence NORTH 45-18-10 EAST 92. 33 feet to a point; thence NORTH 72-54-08 EAST 94. 95 feet to a point; thence NORTH 83-48-53 EAST 231 .49 feet to a point; thence NORTH 40-24-15 EXST 118.69 feet to a point; thence NORTH 42-58-08 EAST 103.25 feet to a point; thence NORTH 39-41-53 EAST 111-79 feet to a point on the Southerly line of Marcy South Powerline Easement; thence leaving said line and running along the Southerly line of said Marcy South Powerline Easement, over and through lands of said Phantom Hollow Equities, NORTH 69-59-16 EAST 713 .99 feet to a point; thence leav- ing said line and running still over and through lands of said Phantom Hollow Equities, the following: SOUTH 30--21-07 WEST 72 .66' feet to a point; thence SOUTH ' 05-53-26 EAST 114.61 feet to a point; thence SOUTH 20-45-02 EAST 128. 45 feet to a point on the Northwesterly line of lands of now or formerly CEDAR HILL DEVELOPMENT CORPORATION; ALSO, BEING THE Northwesterly line of lands of Parcel II as shown on a certain map en- titled "SUBDIVISION FOR ELIZABETH DONOVAN" and recorded in the Dutchess County Clerk 's Office as map no. 7102; thence leaving said line and runn- ing along the Northwesterly line of lands of now or formerly said CEDAR HILL DEVELOPMENT CORPORATION and along the Northwesterly line of lands of now or formerly aforesaid Haimelin, generally along the remains of a stone wall, the following; SOUTH 68-09-08 WEST 317.74 feet to a point; thence SOUTH 66-26-15 WEST 649 ,79 feet to a point; thence SOUTH 67-47-49 WEST 153 . 87 feet to a point; thence SOUTH 68-23-20 JEST 191. 22 feet to a point; thence SOUTH 65-45-10 WEST 81.62 -feet. to a point; thence SOUTH 68-33-40 WEST 222.26 feet .to a point; thence SOUTH 69-50-30 WEST 243 . 70 feet to the point of beginning cohtaining 11 . 537 acres of .land be the same more or less . l . CONSERVATION EASEMENT NO. 5 Beginning at a point on. the Southerly line of 01d Hopewell Road, said point being the -intersection, of the Southerly line of said Old Hopewell Road with the Southeasterly line of lands of now or formerly Osten, Liber 1383 Page 571and running thence along the Southerly .line of said Old Hopewell Road, SOUTH 63-24-30 EAST 104 .07 feet, to a point; thence leaving said line and running over and through -lands of- Phantom Hollow Equities, the grantor herein, the following. SOUTH 10-23--42 WEST 178 . 08 feet to a point; thence SOUTH 01-07-46 EAST 142.70 feet to a point; thence SOUTH 35-33-06 WEST 80 .48 feet to a point; thence SOUTH 14--31-14 WEST 42 . 34 feet to a point; thene SOUTH 29-05-15 EAST 42.82 feet to . a point; thence SOUTH 72-11-4. 9 EAST 75.79 feet to a point; thence 'NORTH 79-59-33EAST 58.54 feet to a- point; thence NORTH 49--39-48 EAST 105 .79 feet to a point, said point being the Southwest corner of lands of now -or for- merly Bousquet, Liber 1879 Page 666, thence leaving said line and running along the Southerly line of lands of now or formerly said Bouquest and along the Southerly line of lands of now or formerly Pampalone, Liber 1639 j Page 1913 SOUTH 67--42-10 EAST 290.74 feet to a point on the Westerly line of Cedar Hill Road; thence leaving said line and running along the West- erly line of said Cedar Hill Road, the following; SOUTff 02-06-07 WEST. 37. 55 feet to a point; thence SOUTH 10-25-34 EAST 217.35 feet to a point; thence SOUTH 09-26-59 EAST 29_11 feet to a point.; thence leaving said line and running along the Northerly Line of Central Hudson Gas & Electric Corporation right-of-way, over and through lands of Phantom HOLLOW i T � DUTCHESS COUNTY . LE C RK RECORDING PAGE { RECORD&RETURN TO: RECORDED: 11/21/2007 VERGILIS STENGER ROBERTS. . . HAMPTON BUSINESS CTR AT: 11: 00 : 19 1136 ROUTE 9 i WAPPINGERS FALLS NY 12590 DOCUMENT #: 02 2007 8397 RECEIVED FROM: RICHARD BARGER GRANTOR: PHANTOM HOLLOW EQUITIES INC GRANTEE: WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE: OFFER CESSION DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 63 . 00 NUMBER OF PAGES: 12 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: E 6 A FORM: N *** DO NOT DETACH TH18 *** PAGE TP-584 : N . *** THIS IS NOT A BILL COUNTY CLERK BY: CAN / �- RECEIPT NO: R77098 BATCH RECORD: D00150 I FORD KENDALL County Clerk i 0 2 2 0 0 7 8 3 9 7 wi *f� F77 convey same; and hereby irrevocably offers to grant, cede and convey and dedicate to the grantee, for public highway and general municipal purposes,all those proposed road improvements and easements situate, lying and being in the Town of Wappinger, Dutchess County, New York, and shown on the above-described subdivision plat, which said properties are more particularly described in Schedules"A-i"through"A4" attached hereto and made a part hereof. In furtherance of this Irrevocable Offer of Cession and Dedication, the Grantor. simultaneously delivers to the Town instruments of conveyance in proper form for recording so as to convey proper title to the lands described herein, such instruments to : be held by the Town until such time as the improvements of such property have been constructed in accordance with applicable laws, rules and regulations, and until such. time as the Town may otherwise decide to accept such instruments of conveyance. This Irrevocable Offer of Cession and Dedication shall continue indefinitely, and may be accepted by the Town of Wappinger at any time, it being the intent that if- said Offer is to be accepted, it will be accepted, at•the Town Board's discretion, only after the proper completion of the improvements to be constructed by the Grantor therein and thereon. The acceptance shall-be in the form of a Town Board resolution, and the Grantor hereby authorizes the Town to record the conveyances delivered herewith at any time thereafter. At the time of such acceptance of this Offer, the grantor hereby covenants that title to the roadbed and easements will be free and clear of all liens and Grantor hereby covenants to pay all costs and expenses incurred by the Town 2 STATE OF NEW YORK ) ) ss- COUNTY ss:COUNTY OF Dutchess ) On d before me,the undersigned, personally appeared RICHARD G.BARGER known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. E ' RECORD AND RETURN TO: Notary b Vergilis, Stenger,Roberts&Davis,LLP Albert P.Roberts,Esq. MARIA L.JONES. 1136 Route 9 Notary Public,State Of New York No.01 Jor>OW51 a Wappingers Falls,NY 12590 Ousiitied in Dutchess County Commiss(on Expires April t 6,2Q 1 I i i i i i 4 i Barger & Miller LICENSED Engineering &Land Surveying Jan. 19, 2007 P.O. Box 1781 [Vappingers Falls. NY 12590 Phone (845) 463-6555 Fax#(845) 463-6922 BRHREALTY ,.............................................................. to TOWN OF Wappinger Deed description TURNING CIRCLE AT ADA DRIVE Description of a certain parcel of land situate in . Town of Wappinger, County of Dutchess the and the State of New York. Beginning at a. point on the Easterly - line of Ada Drive, said point being distant SOUTH 03-16-00 EAST 7.50 feet from the in- tersection of the Easterly line of said Ada Drive with - the Southerl -line of lands of now or formerly Terin, said line also being the y Southerly line of lands of Lot No. D-6 as shown or. a certain map: -en- titled "ARDMORE HILLS —SECTION "D" and recorded in the Dutchess County Clerk' s Office as map no: 2722 and running thence over and through lands of BRH. Realty, the grantor herein, 169 .93 feet n a curve to o the right having a radius of 52.50 feet to a point on the Southeasterly line of aforesaid Ada Drivel thence Leaving said line and runnin the Southeasterly line of said Ada Drive, NORTH 52-33--20 EAST 104- 88ng feet to the point of beginning containing 0.1©22 acres of land be the same more or less_ SUBJECT TO THE RIGHTS OF PUBLIC. UTILITIES OF RECORD. i i Schedule "A-4" j Barger & Miller LICENSER Engineering &Land Sune�ing 280 Neti4,Hackensack Road P.Q. Box 1781 Pappingers Falls, NY 12590 Phone (845) 463-6555 Faz 7"t(845) 463-6922 April5 , 2007 . ................................ ...... ........................ PHANTOM HOLLOW EQUITIES TO TOWN OF WAPPINGER. CONSERVATION EASEMENTS Description of a certain parcel of land situate .in the Town of Wappinger, County of Dutchess and the State of New York, CONSERVATION EASEMENT NO. l Beginning at a point on the Westerly line- of Cedar Hill Road, said point being the intersection of the Westerly line of said Cedar- Hill Road, with the Northwesterly -line of lands of now or for- merly -CEDAR HILL DEVELOPMENT CORPORATION, Liber 1950 Page 21, said line also the Northwesterly line of PARCEL - II as shown on a SUB- DIVISION FOR ELIZABETH DONOVAN" Filed Map No. 7102 -and running thence along the Northwesterly lne . of - lands of now or formerly said CEDAR HILL DEVELOPMENT CORPORATION, generally along the remains of a stone waft, SOUTH '68-01-15 WEST 56.49 feet to a point; thance leaving said line and over and through Landsof Phanton Hollow Equities, along the N..M-therly line of Marcy South Powerline Easement, NORTH 80-42-39 ETEST - 645.15 feet to a point on the Southerly line of Central Hudson Gas & Electric Corporation right-of-way; thence leaving said line and. running along the Southerly line of Central Hudson Gas & Electric Corporation right-of-way, still over and through :lands of Phantom Hollow Equities, N102 TH 69-59-16 EAST 807 .46 feet to a point 'on the Westerly line of aforesaid Cedar Hill Road; thence leaving said line andrunning along the Westerly line of said Cedar Hill Road, the following: SOUTH 00-29-45 WEST- 3. 62 feet to a point; thence SOUTH 06-20--30 WEST 114.45 feet to a point;' thence SOUTH 12-59-25 WEST 57. 2 feet to a point; thence SOUTH 16-30-10 WEST 89 .25 feet to a point; thence SOUTH 10-27-00 WEST 101 .87 feet to the point of beginning containing 3.158 acres of land be the same more or less. CONSERVATION EASEMENT NO. 2 Beginning at a point on the Northwesterly line of lands now ', eavir cg said line and running over acid through lands of Phantom Equities, the grantor herein, the following: HOIZati+' feet to a paint ; thence NORTH 77-22-24 EAST 85o64Hfeet 3to0a EAST 119 . 86 NORTh 86-36-00 EAST 64 . 16 feet to a Point; thence EAST 91 . 50 feet to a point; Point;nt; thence SOUTH 77-42-22 EAST P , thence NORTH 86-00_12 168 . 29 feet to a point; thenCe NORTH 45-18-10 EAST 92 . 33 feet to a Paint; thence NORTH 77 5 point; thence NORTH 83-48-53 EAST 231.49 feetto0 EAST 94 _ 95 feet to a a Point; thence NORTH 40-29-15 ENST 118 . 69 feet to ,a point; thence NORTH 42-58-.08 EAST 103 . 25 feet to a 111.79 feet to a point; thence NORTH 39-41-53 Point- the Southerly line of Marcy South PowerlineSEasement; thence leaving said line and runningaloe Marcy South Powerline Easement over through the Southerly line of said H0110:a Equities, NORTH 69-59-16 EAST 713, 99fezonas of said Phantom it said line and running still aver and through lands of said Phantom point; thence leav- Ho11ow Equities; the following: SOUTH 30-21-07 WEST 72 . 66 feet to a p°y^�; t1.t.�Le SvUTH 05-53-26 EAST' 1'14 . 61 .feet to a 20-45-02 EAST 128 .45 feet to a point; thence SOUTH of now or to CEDAR HILL DEVELOPIVIENThCORPORATFON; ALSO,Northwesterly line of lands Northwesterly line of ] ands of Parcel 11 as shown . on a certainmap THE titled "SUBDIVISION FOR ELIZABETH DONOVAN" t es County Clerk's Office as ma no. 71 and recorded in the Dutchess runn- ing along the NorthwesterlylineofOlands eofenow aornformerly said and HILL DEVELOPMENT CORPORATION and along the Northwesterly line of lam y said CEDAR of. now or formerly aforesaid Haimelin, f stone wall, the followin generally along the remains of a ds thence SOUTH 66-26-15 WEST 649 79 68-09 -08 WEST 327.74 feet to a paint; WEST 153. 87 feet tQ a feet to a Point; thence SOUTH 67-47-49 Point; thence SOUTH 68-23-201WEST 191. 22 feet to a point; thence SOUTH 65-45-10 WEST 81.62 feet to a .68-33-40 WEST 222.26 feet to a Point; thence SOUTH feet to the .-point of beginning containingn11 . 537ce Tacres5Of-3landSbe2the70 same more or- less. CONSERVATTON- EASEMENT NO. 5 Beginning at a point on the. Southerly line of Old Hopew said point being the intersection of the Southerly. line of said Olds Road' .Hopewell Road with. the Southeasterly line of lands of now or formerly Osten, Liber 1383 page 571 and running- thence along the Southerly line Of said Old Hopewell Road, SOUTH 63_24-30 EAST 104. 07 feet to a thence leaving said Zine and running over and through lands of Phantom Hollow. Equities, the grantor herein, the -followin 378.0$ feet to a point; thence SOUTH 01-07- g' SOUTH 10-23_42 WEST thence SOUTH 35-33-06 WEST 80. 48 feet to a o int�Easy once feet to .a paint; SOUTH 1 WEST 42. 34 feet to a point; theme SOUTH 29-05-15 EAST feet4to lal4 point; thence SOUTH 72-11-49 EAST 75 .79 feet to a 79-59-33EAST 58.54 feet to a point; thence NORTH 95 39t48thenceEAST 1NORT feet to a Point, said point being the Southwest corner of lands of now or for- merly Bousquet, Liber 187.9 Page 666; thence leaving along the Southerly lime of lands of now or formerly$aid saiidlBouquestrandzng along the Southerly line of lands of now ar formerly Pampalone, Liber 1639 Paye 191, SOUTH 67--42-10 EAST 290.74 feet to a point of Cedar Fii11 Road; thence leaving said Line andrunning along ethe rwestine erly line of said Cedar Hill Road, the following: 37 , 55 EST feet to a point; thence SOUTH 10-25_34 EAST 217,36OUTIJ 0feet�to a��point; thence SOUTH 09-26-59 EAST 29 . 11 feet to a point; thence leaving said line and running along the Northerlyi Corporation ri ht_af-wa dine of Central Hudson Gas & Electric right-of-way, over and through lands of Phantom HOLLOW i