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Arlene Drive ctlggAYE� �4 " p its er alis VINCENT F TTI NA for Andy•:` SOUTHERN DUTCHESS NEWS .`IQCOuncIMan BEACON FREE PRESS o VOtingAYE JOSEPH + EAST MAIN STREET R PA,OLONI, L aI No7�i�es; WAPPINGERS FALLS 7 NY 1259 Cauncllman 1+rotngAlE LC'. Arts:'of 4r R MA .....IV led:wlth NY Dept." ""ai MCGARTHY, f State on w t f �, 1. � Councilwoman X13.107. bfflce Io o VvtingAYE , tion Dt�tcfless N WILLIAM BEALE,dunty Secy :of To> TOWN OF WAPPINGERS FALLS e' CO�lnetlman � late de�s�lgnated lton(,/0 TOWN CLERKS OFFICE AA, 1. i an RC . We20 IDDLF3JSH gent. of LLC ' II whQm a WAPPINGF'RS FALLS n NY 12590 Falls,NewlFork"ocesa agalnst; it" a 48 `June g,,200,8y'be served and," .fl Rea Leal natio #81 + TheResolutionta a.l.l mail pro"cess . ,E hereby duly dd' . d� 'PO Bax 128 4 adopted t?d: Hook NY State of NEW YORK } � JC}HNC �5�1 F'urpos;e MASTEFtSt N,ly lawful'aC:Avity County of DUTCHESS } �� TOyUNGLERK r., r .� .�.�.. 16 ion I , PHYLLIS 7L1TT , being duly sworn ; depose anc{ °l t kh�s � �outnty, . RHI EBEGKatCAR. say. that I the PUBLISHER ISHFR of Southern o�NY has been des PENTRY," :LLC arts s say.Dutcthaess Mews , a aeekl.y ,-jewspaPer of g ral 0. 4ted - agentofthe: ofarg flledwlthSecy circulation pu��lished in WAPPINGERS FALLS , u�C upon wham' afSfateof[+ill(SSNY� L cess against it; on(��IO��fJO'Offlcelo t County of DUTCHESS , State of NEW YORK; and t ght be .served. cation Dutchess that a notice , of which the annexed is VpNY.: shall' mail CbiuntySSNYdeetg " . prillted ropy , was duly published in Southern b�cegs tev MN natedasagehtofLLC = } Dutchess News once on ?6l1t3fC38 . niopertipsLLC BFai , uponfwh. 7m process;" CnCrestCtH:bpawell against it` may be .,.,t NY 12533 ',- served SSNY shall pr mail . ocess to h]TICEOFFORMA: Rhiiebesk Careen try,LLC,1$4 Brooklyn •",� Sworn to before me this l.8th clay of June, 2008 iSONOFL`IMitedLia- Heights Road, E Pity Company.(LLC).., Rhinebeck ^NY t pame BUDD,BR© 12572 Purpose Any hROUR LLO;.��LLCAr� t AlBFRT M 0STFN lAwfulactivity 5tat� of td YORK vales of,Organizatton Notary Public, u�ciwiththeSecretary I No. 14-8240760 a State,of NewYo+K THE PASTRY ► ouali.fied in OUTCHESS County a�SNY) on May 29; COIVNECTION,LLC i I e msnissic�n Pxolras on ray .�6, 201 aflS. NYOfficeioca;- Notice off+ rmatlsnof Ian: [�utohes iritited Liability,�m-, i 1punty SSNY has parry("'LLC") Articles-.. teler}d'estgnatedasan- of. Organization Pied" tltitent upon whurn "`with the Secretary of ceesagainstitmay State 0., aseived!Thepo;3t©f- oriApril7,2008 Office RECEIVED Me address to which location Dutclaess 1II�SSNY,shafl mail a Co`unty." SSNY has JUN 2 O HO$ kpy of any process been designated as firiai,nst the LLC agehtofkheLL0,Upon, ar4rvcd upon himlkter whom process TOWN CLERK a��83LlndenAvenue, against- it may be 64Ho6k,NY 12571. sawed.. SSNY shall.,:; is r 'oseofti eLLC:.to - mailacopyofanysuch dingage In any lawful processservadtti.clo. reor'acif�t. Co'rbally,_, Oarlanti nc— — and Rappleyea;,LLP,, Od 35� Market Street me of SLC De Tin •$� Sehott'Ap Pdughkeepsle, New, HIYork 12601 tio, sisal Associates TOM OF WAPPINGER, NY Purchase ` PO- Box 324, Middlebush Road DO NOT WRITE IN THIS BOX Wappingers Falls, N.Y- 12590 Date Voucher Received PURCHASE ORDER & VOUCHER FUND -APPROPRIATION AMOUNT CLAItAN-rS SOMERN DUTGHESS NEWS NAME AND 84 EAST MAIN STREET ADDRESS WA MGERS FALLS, NY 12599 TOTAL L J ABSTRACT NO. VENDOR'S , =aMs REF NO- DATES QUP.NTITY DESCRIPTION OF MATERIALS OR SEP.V CES UNIT PRICE AM01Nv T RECEIVED .SUN 2 0 2008 TOWN CLERK ` TOTAL , 1. Pe Yl.•lY j S C) T--j— cedify that the above acwunl-in the amoun[ors is True and coma:That the items,services.and disbursemenLs durged were rendered Lo or for the municipality on the dales staled:that no part has been paid or satisfied;that taxes,from whit*the nwrk ipaicty is extrrpled,are not kw-bded;and that the amounL darned is aclu l4y due _ do a2 ATF SIG URE TITLE/ (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL. APPROVAL FOR PAYMENT The above services or materials were rendered or This daim is approved paid from the appropriations indicated above furnished to the municipality on the dates stated and the charges are correct DATE AV7iH- 1 ED OFFICIAL DATE COMPTROLLER Southern Dutchess News :: NI V a'. b "T" c::: Fra. 06/16x`08 84 east Main Street Wappingers Falls , NY 12590 ( 845 ) 297--3723 Fax ( 845 ) 297--681.0 TOWN OF WAPPINGERS FALLS Phone z 845-297-5771 C/O TOWN CLERKS OFFICE 20 MIDDLEBUSH RD . Your sales representative is: WAPPIN ERS FALLS , NY 12590 Legal Acis Issue Dates Description Amount In Southern Dutchess News and Beacon Free Press: LEG: LECALS 06/1.8/08 Legal Notice - 515 Lines $ 208 .58 #81448-NOTICE OF ADOPTION 0 .00 Affidavit Charge 1.5 .00 TOTAL. CHARGES ----------> $ 223 .56 1 ( Ad #81448 ) RECEIVED JUN 101008 TOWN CLERK Poughkeepsie .Journal Poughkeepsie,. N.Y. F IT OF PUBLICATION Maureen FrycCertt pRlrror rrparttt' gain _ _ Wllkam�Ie and }� M AB$ENT �AS tfro:� Tawrt "� � 1W1 The following Res6luti;rt board. has datarmined, n t N011CE0FaD0lFiigR was 'rltroduced by lui! that the proposed action State Of Flew York OFRESOLUTION, d1rhUr Bettina and, se, is en fir hstad Align,pur �y Sl)WECTTOPONIS- onded by ,Cunedwornan suant._ta 2008 Article g-ot.the-t Ju? E McCarthy Environmental ,- snaerva [ Count of Dutchess SNE REFERENpUM. Y Notice Is",herepy given 4MHEREAS '.the apart tion Low and pursuant tats t,at the Town Board-of Inient complex known'as Local:.Law No s;of 1095 City Of Poughkeepsie �� j 1 ilio;Town of WappingeT, village Crest Apartmmhts (the Tpwn s Environm n N C, Dutchess :County, Clew 1oceted'on;;Maloney:Road its OVatitq Review Lawfia; York at a regula'r'meeting in the Town of Wappingor and thereof,'held-on June 9, Was recant),p�. sold to HF WHEREAS the::' Town. 2008 duly adopted the ICooirdge Maloney Road, Board has determined':; following resolution glib I-LG and that the praposed're$olu jest to permiasive refererl WHEREAS in conae tion is:an action for which dum Rita Lomba2 di , of the Cit �quehce of that sale a title there .-era no . other y of Poughkeepsie, RIESOWTOW. NO 2098- search disclosed that Ar Involved Agehcies and 1. 193 lana Dnve�:a:rosd within that ma Tawwn *:the only), Dutchess County, New York, being duly sworn,says RESOLUTION. _RESCIND- the spa rtme.nt oamplex, lnvolxaa Agency, and isi- ING PRIOR ACCEPTANCE had.been conveysd'to:the therefore the LeadAgen-f,'' that at the several times hereinafter mentioned helshe OPPACEL. Town of,WapQutgar;.tiy cyforthis aclion and ' FOR TOWN HIGHWAY deed dated Apnl 9 19fi4 WI�EREAS the:;: Town V` PURPOSES AND AUTHD- and recorde(I,in the Out Board 'has .determined l! was and still is the Principle Clerk of the Poughkeepsie RIZING and, Courcy Clert�s thst there are na adverse RECONVEYANCC 'QF THE che" at.Liber. 1127'Rage,environmental imPacts Newspapers Division Of Gannett Satellite Information PARCEL TO PRDPf� 287.onMay8;,19+34 and' associated with the ado,r OWNERS tion of this Rasclutian and WHEREAS,.pursuant to a Network At a regular. meeting of search of the Town s:ro herapy issmoe a ,N ative , Inc., publisher of the Poughkeepsie Journal, a the Tawn Board of the Declaration of . Si nifi Town"of Wa mer, t- cords'conducted by High PP 9 tante,find the Tdwn lark' chess County, New Yor way Superintendeirt Gra ,a directed to file:the Nag- hold printed and published every day in the year ham Faster,.Attorney...to held at Town Hall;2Q Mid-, ative Declaration ;as pro -. dlebush .Rdac Wapping- the Town, Albert P. Rob- X08 in the city of Poughkeepsie, Dutchess County, sets and ,Deputy.Asses- videdby.law ere Falls New York, :on - NOW.THEREFORE, BE IT the 9th d of,lune 20.08, sor, Loretta :Brunsllo,. i`1 ay. RESOLYED,aafallows I New York, and that the annexed Notice was duly was determined the( Ar. 1 The . reeitati,ons.: above' teWPHf The Iena Drive was Tmeeting was celled set forth are incorporated i to order Christopher.J constructed as part or.:an published in the said news a er.for bbyyin this.Resolution as if p P Oile inserticin Colsey Supgrvieorand! apartment complex origi fully, set forth and pally known'ras Summit � upon roti being called the adoptadherein: successively, in each week, commencing on the Gardens (now known as I following were present ;.. 2 The 7tiwn Board here-� PRE1ENT.Su 'visor V.illegeest,;.Apartmant&j, Peby determines and con=! 18thda Of June �ChnstoPher1Calsey and; Fir(ns'that fire fawns cur —•-�.� y In the year of 200$ Council Members WHERE. m egnss I �_... thoniatidn he accept 'Ar' vincMCF:Boulna ' Oriente of ;'the dirvski fene Drive as a,Tpwq road) and on the following dates thereafter, namely on: Joseph P.Paolom opment of the aartmeht pursuant to Rr35olutiori complex ,the::road kno+vil adopted'ApM 9,1964 was, as•Arlene Drive was:con inappropriate and a mia-i strutted in order to'pro- take and that the aubse-i. vidg access.and;Parking quern transfer.of.'Arlene.; to the apartments in:ac O.nva to the T.w :of Wa - Town... . .P cardanc'ewith.a seta Qlan PH) or. by dead:' dated -approved by.the Town',,Of April 9s 1984 .and:record- Wappmget Planning ad:in the Dutchess.County I.18 oard and Clerk's, Office ,bf. Liber WHEREAS, 'on April 9 11.27 Frage 287 on.May`$; 1954, the Town Beard of 1964 was also'a'.mistake the. Town of Wappi4ee inasinuiih as'the'road"was adopted.a. resolution,'au- only-used for psrkrog, in thorizmg-:the.'. acceptance grecs,and egress for.0.6 of;Arlmne Drive as a Town apartmentcomplex and ending the road and 3The Town Board fur- g On day of in WHEREAS a:' review of thar acknowledges the. )the 'town Assessors re apimon of Alpert:, Rob the year of 2008 ,both days inclusive. oords reveals that-as far ads, Attorney. to the back as 1971;:Arlene Drive Town,..that it is riot the: } t ;was assessed'to the rs practice.of the Town`of wird owner of the apart WC; appinger to argot Mon team.lex;and reads wholly contained WHEREAS 8' rew@w 'of within'an apartment oam- the records maintained by plea;fox, public..highway I f the outchsss:.'County De purposeledg s and, alga aEk;, pax Ser of Real als,thty p'erinfonda Hiraham o �� i Tax Servicea,.;reveals'tfrat perintendent Graham Fos- Sub cr ed and sw 'rn to before me this a'hand,wntterr r'otati`on toes"_opinion..that..Arlene was pieced-on those ,re- Drive'd'oes not;now, nor Of in the year of 2008 ,cords 'indicating that ifie never",has 6onf6rihed-to y Tovm of YJappmger had thin Tox'n of Wappinger disclaimQd 'ownership of Hipphhwa:Specifications the read,'although it is 4,The own Board fur unknow n'who placed;-the theT 60hoWedges that notation,on the records, both ilia aehons.:wn of the . ,and Toof WN tiger and i WHEREAS,..it is not:'the of the warious..owners of'- poetical of the Town .to the apartment s:omplex _ edoept parcels as public' confirmed that'taither the; roads when�develaped`in Town hoe the owners of I NOTARY Pfd connection .with a ,.site the aPeetmernt compiex , � EW YORK plan for muliifamdy ctin over theme Arleen Drive.-QjcfflJ�Q��4g WHIE on and: a public:highway and at. / WHEREAS Arlene Drive cardmgiy ereby':'formal- t�fly ®IlillTli �ffiXPDUT&ESSVftP has been assigned a real ly rescinds the Resolution pteperty tax:g i numtiar of,Acceptance dated April -10 6259 0283857,and )VrFIEREAS_st appear.that,5The Town Board here-) TOWN OF WAPPINGER, MY OFdef�. P-0. Box V4, Middfebusn Road DO NOT WRITE At rHIS BOX Wappingers Fabs, MY. 12599 ' ;kAIE Yaurher sArrcivcr. PURCHASE ORDER & VOUCHER FUND-APPROPRIATION AMC)UNT Poughkeepsie Journal CL,AWANTS NAME ANL) AEt�iR695 . TOTAL J AE STRACT N.0, VENDOR TERMS - RERNO- DATES QUANTITY UESCR1FT00 OF MATERIALS OR SERVICP,; UNIT PRICE AMOUNT ad # 2541365- legal 1365- 6/1€3/2008268 04 Notice of Adaption of Resolution resolutionrescinding' prior acceptance of part-el TUTAL 1, is true and carr.ct:thgt the ftMU.StNt—s and diabvrxmene;ignWgtrd a rerndereet ID W Fur Ipr murrctpalily en IFN palms smlad.tt�61 Cr0 part tras been Heid Q 5alis(le�i;heat Saxes,tmm tehdirtd ih# municipahly K ggemplbtl.6Fk"f dudrd,and that The amr4att 6900 azl"Vy due ' f 6/20/2008 Principal ClerX DATE w SIGNATURE TITLE (SPACE BELOW FOR MUNIL USE) DEPARTMENT APPROVAL APPROVAL FOR PAYMENT The above services or materials wee rendered or fhl&tf:iaml is appraved paid fforn the approp6shons�ndiicateo atrnve, furnished to the mtjnicipa{ity on the dates stated and the charges are Correct — --� �— - &A, I]A: 4ZAlJTk 1 l2ECE C]r-iCIAL DATr. �T C>f�AF'TR:�L4_Er roof community. Your newspaper. CLASSIFIED P.O.BOX 1231 85 CIVIC �Pouhhee�.� e3ournal ERPIAZAADVERTISING POTJGHIMEPSI�NS12601` BLSINESS OFCE:(945)437-471� OICE poughkeepsiejournal.com 06/18/08 WAPPINGER/TOWN OF ATTN:TOWN CLERK 20 MIDDLEBUSH RD WAPPINGERS FALLS NY 12590-4004 TO PLACE A CLASSIFIED AD PLEASE CALL(845)471-7355 Sxa?3p-z=#;is:%'r?sl'it'a4ot=.:. izlYd'a. E .} auye•w"a&'S= :s �q�, c.;..z,.;,-•»•} m a x se :�. ��;��s, .cs,,�s.�,�:,€ it:, .a€: rt�T° >➢€ a., _.; :'_.�� a:.�;t..�� ..�-3�.� �, : a#, .: ~°�»�c•r's€ z�- m ��j)�� y^!`'� q•:� : 5 ry"�;,11rs: �.. ��.;�}.8y� � ° B�. i3e,q�a .A�°., 6��3`g'�s.. i^3n��»,�;,.: .s a ��.' :siz ;¢':._e;3p��b"%{�r t�i;l vi a`re�.`!j:3�;,..�.s,. 0�i6a°�>.`?t _ 0102541365 000 PUBLIC NOTICETOWN OF 06/18/08 424 1 248 . 04 0102541365 000 PUBLIC NOTICETOWN OF 06/18/08 424 1 0102541365 TRANSIENT AFFIDAVIT 06/18/08 20 . 00 RECEIVED JUS 2 2008 TOWN CLERK 845 -297 -5771 268 . 04 TERMS: PAYABLE,U.PON RECEIPT - - *TO ASSURE PROPER CREDIT,DETACH AND RETURN THIS PORTION WITH REMITTANCE* Check payable W;THE POUGHKEEPSIE JOURNAL [I Visa ❑Mastercard ❑American Express ❑Discover INVOICE 268 . 04 0102541365 06/18/08 �UrGQt UarCJO. Signature xpiration Month Y Year PLEASE CHANGE MYADDRESS AS INDICATED ON REVERSE D102541365000268042 liitlliinlnliltl#illlitiiliilltiiLillil{tiit#Ifiiitlli1,211 WAPPINGER/TOWN OF Poughkeepsie Journal ATTN:TOWN CLERK PO BOX 4730 20 MIDDLEBUSH RD BUFFALO, NY 14240 -4730 WAPPINGERS FALLS NY 12590 -4004 845-297 -5771 P.o.BOX 1231 85 CNFC CE\TEAPL A7.A Pow thheegsie Journal -SS rou CEPSIE,hh-4710 $USILv'ESS OFFICE: sm.NY im10 PUBLIC NOTICE TOWN OF WAPPINGER NOTICE OF ADOPTION OF RESOLUTION SUBJECT TO PERMISSIVE REFERENDUM Notice is hereby given that the Town Board of the Town of Wappinger, Dutchess County,New York, at a regular meeting thereof,held on June 9, 2008, duly adopted the following resolution, subject to permissive referendum: RESOLUTION NO. 2008-193 RESOLUTION RESCINDING PRIOR ACCEPTANCE OF PARCEL FOR TOWN HIGHWAY PURPOSES AND AUTHORIZING RECONVEYANCE OF THE PARCEL TO PROPER OWNERS 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 9h day of June, 2008, at 7:00 P.M. The meeting was called to order by Christopher J. Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Council Members - Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy William Beale ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS,the apartment complex known as Village Crest Apartments located on Maloney Road in the Town of Wappinger was recently sold to HP Coolidge Maloney Road, LLC; and l WHEREAS, in consequence of that sale, a title search disclosed that Arlene Drive, a road within the apartment complex,had been conveyed to the Town of Wappinger by deed dated April 9, 1964, and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on May 8, 1964; and WHEREAS,pursuant to a search of the Town's records conducted by Highway Superintendent, Graham Foster,Attorney to the Town,Albert P. Roberts, and Deputy Assessor, Loretta Brunello, it was determined that Arlene Drive was constructed as part of an apartment complex originally known as Summit Gardens (now known as Village Crest Apartments); and WHEREAS,in consequence of the development of the apartment complex ,the road, known as Arlene Drive, was constructed in order to provide access and parking to the apartments in accordance with a site plan approved by the Town of Wappinger Planning Board; and WHEREAS, on April 9, 1964, the Town Board of the Town of Wappinger adopted a resolution authorizing the acceptance of Arlene Drive as a Town road; and WHEREAS, a review of the Town Assessor's records reveals that as far back as 1971, Arlene Drive was assessed to the record owner of the apartment complex; and WHEREAS, a review of the records maintained by the Dutchess County Department of Real Property Tax Services reveals that a hand written notation was placed on those records indicating that the Town of Wappinger had disclaimed ownership of the road, although it is unknown who placed the notation on the records; and WHEREAS,it is not the practice of the Town to accept parcels as public roads when developed in connection with a site plan for multi-family construction; and 2 WHEREAS, Arlene Drive has been assigned a real property tax grid number— 19-6259- 02-583857; and WHEREAS,it appears that real property taxes have been levied against Arlene Drive and that all such taxes have been paid by the various owners of the subject apartment complex, further confirming that the Town did not claim ownership to the property and that the road was owned by the apartment complex; and WHEREAS,by deed dated April 13, 1984 made by Chase Manhattan Bank and Vilcrest Corporation, as grantors, to A.R. Fuels, Inc., as grantee,recorded in the Dutchess County Clerk's Office at Liber 1633 page 139 , several parcels were conveyed by using tax grid numbers as the legal description, including the tax grid number for Arlene Drive— 19-6259-02-583857, despite the fact that there is no record that the Town of Wappinger ever formerly renounced ownership of the parcel or ever re-conveyed the parcel back to the original apartment complex owners; and WHEREAS, from April 13, 1984 until the sale to HP Coolidge Maloney Road, LLC, A.R. Fuel, Inc.has paid all the real property taxes levied against the parcel known as Arlene Drive; and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent, has confirmed that Arlene Drive has never been used, maintained or repaired by the Town of Wappinger since 1990, and, to the best of his knowledge,prior to 1990, it was never used or maintained by the Town as a public road; and WHEREAS,both Albert P. Roberts, Attorney to the Town, and Graham Foster, Town of Wappinger Highway Superintendent,have confirmed that it is not the practice of the Town to acquire parcels for public highway purposes when such parcels are used solely for ingress and egress to a private apartment complex; and 3 WHEREAS, Mr. Roberts has submitted a written opinion that the initial acceptance of Arlene Drive as a Town road was a mistake; and WHEREAS, Graham Foster has also confirmed that the acceptance of Arlene Drive as a Town road was a mistake, that the road is currently in a state of disrepair, is in need of resurfacing, and has not and never has complied with the Town of Wappinger Highway Specifications; and WHEREAS, Graham Foster has also confirmed that it is not the practice of the Town of Wappinger to accept roads within a private apartment complex; and WHEREAS,the Town Board has determined that the proposed action is an Unlisted Action,pursuant to Article 8 of the Environmental Conservation Law and pursuant to Local Law No. 6 of 1995 (the Town's Environmental Quality Review Law); and WHEREAS,the Town Board has determined that the proposed resolution is an action for which there are no other Involved Agencies and that the Town is, the only Involved Agency, and is therefore the Lead Agency for this action; and WHEREAS, the Town Board has determined that there are no adverse environmental impacts associated with the adoption of this Resolution and hereby issues a Negative Declaration of Significance, and the Town Clerk is directed to file the Negative Declaration as provided by law. NOW, THEREFORE,BE IT RESOLVED, as follows: 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 and confirms that the Town's authorization to accept Arlene Drive as a Town road pursuant to Resolution adopted April 9, 1964 was 4 inappropriate and a mistake and that the subsequent transfer of Arlene Drive to the Town of Wappinger by deed dated April 9, 1964, and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on May 8, 1964, was also a mistake inasmuch as the road was only used for parking, ingress and egress for the apartment complex. 3. The Town Board further acknowledges the opinion of Albert P. Roberts, Attorney to the Town,that it is not the practice of the Town of Wappinger to accept roads wholly contained within an apartment complex for public highway purposes, and, also acknowledges Highway Superintendent Graham Foster's opinion that Arlene Drive does not now nor never has conformed to the Town of Wappinger Highway Specifications. 4. The Town.Board further acknowledges that both the actions of the Town of Wappinger and of the various owners of the apartment complex confirmed that neither the Town nor the owners of the apartment complex ever deemed Arlene Drive a public highway, and, accordingly, hereby formally rescinds the Resolution of Acceptance dated April 9, 1964. 5. The Town Board hereby authorizes the Town Supervisor, Christopher J. Colsey to execute a Quit Claim Deed from the Town of Wappinger as grantor to HP Coolidge Maloney Road, LLC together with such other documents and instruments necessary to effectuate a transfer of title from the Town of Wappinger to HP Coolidge Maloney Road, LLC. 6. Albert P. Roberts, Attorney to the Town, is further directed to draft a Quit Claim Deed from the Town of Wappinger to HP Coolidge Maloney Road, LLC and such other documents as may be necessary to effectuate a transfer of Arlene Drive,tax grid number 19- 6259-02-583857 to HP Coolidge Maloney Road, LLC. 7. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation Law, and pursuant to Local Law 6 of 1992, and hereby determines 5 that there are no adverse environmental impacts associated with the adoption of this Resolution, and hereby issues a Negative Declaration of Significance for this project. S. The Town Clerk is hereby directed to file the Negative Declaration of Significance as provided by law. 9. The Town Clerk is further directed to send a certified copy of this Resolution to Charles Traver, Acting Director of the Dutchess County Department of Public Works. 10. The Town Clerk is directed to publish the Notice of Adoption of this Resolution Subject to Permissive Referendum in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal and to post a copy thereof on the sign board maintained by the Town Clerk. 11. This Resolution is adopted subject to a Permissive Referendum. The foregoing was put to a vote which resulted as follows: CHRISTOPHER J. COLSEY, Supervisor Voting AYE VINCENT F. BETTINA, Councilman Voting AYE JOSEPH P. PAOLONI, Councilman Voting AYE MAUREEN MCCARTHY, Councilwoman Voting AYE WILLIAM BEALE, Councilman Voting AYE Dated: Wappingers Falls,New York June 9, 2008 The Resolution is hereby duly declared adopted. Jor C. MAS RSON, TOWN CLERK 6 4 ' 2009-193) Resolution Rescinding Prior Acceptance of Parcel for Town l[igbway Purposes and Authorizing Reconveyance of the Parcel to Property Owners At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 l'v'liddlebush Road, Wappingers Falls, New York, on Julie; 9th, 2008. T'hc meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmernbers - William H. Beale Vincent F. Bettina Maureen McCarthy (arrived at 7:52 PM) Joseph P. Paoloni ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman McCarthy. WHEREAS, the apartment complex known as Village Crest Apartments located on Maloney Road in the Town of Wappinger was recently sold to HP Coolidge Maloney Road, LLC; and WHEREAS, in consequence of that sale, a title search disclosed that Arlene Drive, a. road within the apartment complex, had been conveyed to the Town of Wappinger by deed dated April 9, 1964, and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on May 8, 1964; and WHEREAS, pursuant to a search of the Town's records conducted by Highway Superintendent, Graham Foster, Attorney to the Town, Albert P. Roberts, and Deputy Assessor, Loretta Brunello, it was determined that Arlene Drive was constructed as part of an apartment complex originally known as Sunnnit Gardens (now I own as Village Crest Apartments); and WHEREAS, in consequence of the development of the apartment complex, the road, known as. Arlene Drive, was constructed in order-to provide access and parking to the apartments in accordance with a site plan approved by the Town of Wappinger Planning Board, and WHEREAS, on April 9, 1964, the Town Board of the Town of Wappinger adopted a resolution authorizing the acceptance of Arlene Drive as a Town road, and WHEREAS, a review of the Town Assessor's records reveals that, as far back as 1971,. Arlene Drive was assessed to the record owner of the apartment complex; and WHEREAS, a review of the records maintained by the Dutebess County Department of Real Property Tax Services reveals that a hand written natation was placed on those records indicating that the Town of Wappinger had disclaimed ownership of the road, although it is unknown who placed the notation on the records, and WHEREAS, it is not the practice of the Town to accept parcels as public roads when developed in connection with a site plan for multi-family construction; and WHEREAS, Arlene Drive has been assigned a real property tax grid number- 19-6259- 02-583857; and WHEREAS, it appears that real property taxes have been levied against Arlene Drive and that all such taxes have been paid by the various owners of the subject apartment complex, further confirming that the Town did not claim ownership to the property and that the road was owned by the apartment complex; and WHEREAS,by deed dated April 13, 1984, made by Chase Manhattan Bank and Vilcrest Corporation, as grantors,to A.R. Fuels, Inc., as grantee, recorded in the Dutchess County Clerk's Office at Liber 1633 page 139, several parcels were conveyed by using tax grid numbers as the legal description, including the tax grid number for Arlene Drive - 19-6259-02-583857, despite the fact that there is no record that the Town of Wappinger ever formerly renounced ownership of the parcel or ever re-conveyed the parcel back to the original apartment complex owners; and WHEREAS, from April 13, 1984, until the sale to HP Coolidge Maloney Road, LLC, A.R. Fuel, Inc. has paid all the real property taxes levied against the parcel known as Arlene Drive- and WHEREAS, Graham Foster, Town of Wappinger Highway Superintendent,has confirmed that Arlene Drive has never been used, maintained or repaired by the Town of Wappinger since 1990, and, to the best of his knowledge, prior to 1990,it was never used or maintained by the Town as a public road; and WHEREAS,both Albert P. Roberts, Attorney to the Town, and Graham Foster, Town of Wappinger Highway Superintendent,have confirmed that it is not the practice.of the Town to acquire parcels for public highway purposes when such parcels are used solely for ingress and egress to a private apartment complex; and WHEREAS,Mr. Roberts has submitted a written opinion that the initial acceptance of Arlene Drive as a Town road was a mistake; and WHEREAS, Graham Foster has also confirmed that the acceptance of Arlene Drive as a Town road was a mistake,that the road is currently in a state of disrepair, is in need of resurfacing, and has not and never has complied with the Town of Wappinger Highway Specifications; and WHEREAS, Graham Foster has also confirmed that it is not the practice of the Town of Wappinger to accept roads within a private apartment complex; and WHEREAS,the Town Board has determined that the proposed action is an Unlisted Action, pursuant to Article 8 of the Environmental Conservation Law and pursuant to Local Law No. 6 of 1995 (the Town's Environmental Quality Review Law); and WHEREAS,the Town Board has determined that the proposed resolution is an action for which there are no other Involved Agencies and that the Town is the only Involved Agency, and is therefore the Lead Agency for this action; and WHEREAS,the Town Board has determined that there are no adverse environmental impacts associated with the adoption of this Resolution and hereby issues a Negative Declaration of Significance, and the Town Clerk is directed to file the Negative Declaration as provided by law. NOW, THEREFORE, BE IT RESOLVED, as follows: 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 and confirms that the Town's authorization to accept Arlene Drive as a Town road pursuant to Resolution adopted April 9, 1964 was inappropriate and a mistake and that the subsequent transfer of Arlene Drive to the Town of Wappinger by deed dated April 9, 1964, and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on May 8, 1964 was also a mistake inasmuch as the road was only used for parking, ingress and egress for the apartment complex. 3. The Town Board further acknowledges the opinion of Albert P. Roberts, Attorney to the Town, that it is not the practice of the Town of Wappinger to accept roads wholly contained within an apartment complex for public highway purposes, and also acknowledges Highway Superintendent Graham Foster's opinion that Arlene Drive does not now, nor never has, conformed to the Town of Wappinger Highway Specifications. 4. The Town Board further acknowledges that both the actions of the Town of Wappinger and of the various owners of the apartment complex confirmed that neither the Town, nor the owners of the apartment complex, ever deemed Arlene Drive a public highway, and, accordingly,hereby formally rescinds the Resolution of Acceptance dated April 9, 1964. 5. The Town Board hereby authorizes the Town Supervisor, Christopher J. Colsey, to execute a Quit Claim Deed from the Town of Wappinger as grantor to HP Coolidge Maloney Road, LLC together with such other documents and instruments necessary to effectuate a transfer of title from the Town of Wappinger to HP Coolidge Maloney Road, LLC. 6. Albert P. Roberts, Attorney to the Town, is further directed to draft a Quit Claim Deed from the Town of Wappinger to HP Coolidge Maloney Road, LLC, and such other documents as may be necessary to effectuate a transfer of Arlene Drive, tax grid number 1.9- 6259-02-583 857 .9-6259-02-583857 to HP Coolidge Maloney Road, LLC. 7. The Town Board has reviewed the Proposed Action pursuant to Article 8 of the Environmental Conservation.Law, and pursuant to Local Law 6 of 1992, and hereby determines that there are no adverse environmental impacts associated with the adoption of this Resolution, and hereby issues a Negative Declaration of Significance for this project. 8. The Town Clerk is hereby directed to file the Negative Declaration of Significance as provided by law. 9. The Town Clerk is farther directed to send a certified copy of this Resolution to Charles Traver,Acting Director of the Dutchess County Department of Public Works. 10. The Town Clerk is directed to publish the Notice of Adoption of this Resolution Subject to Permissive Referendum in the form annexed hereto in the Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal and to post a copy thereof on the sign board maintained by the Town Clerk. 11. This Resolution is adopted subject to a Permissive Referendum. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls,New York 6/9/2008 The Resolution is hereby duly declared adopted. J C. MASTERSON, TOWN CLERK TOWN OF W"PINGER SUPERINTENDENT SUPERVISOR GRAHAM FOSTER CHRISTOPHER J.COLSEY TOWN COUNCIL WILLIAM H. BEALE s VINCENT BETTINA MAUREEN MCCARTHY HIGHWAY DEPARTMENT JOSEPH P_ PAOLONf 10 Highway Drive WAPPINGERS FALLS, NY 12590 (845)297-9451 June 4, 200$ FAX: (845)298-0524 TO: TOWN BOARD RECEIVED CC: AL ROBERTS JUST CHARLES TRAVER FROM- GRAHAM FOSTER TOWN CLERK SUBJECT: ARLENE DRIVE I was recently contacted by Leonard J. Share, who is representing AR Fuels, Inc., who recently sold the apartment complex, Village Crest, located on Maloney Road. It appears that when the complex was developed in 1964 one of their roads was mistakenly dedicated to the town and accepted by the Town Board as a town road. To date, this road has never been used or maintained as a town road. It was not built to town road standards and was obviously an intricate part of the complex, which was used for ingress, egress and on street lined parking for 82 cars. The road has minimal drainage and several speed bumps. It is currently in a state of disrepair. Further investigation shows the road has had a grid number 19-6259-02-583857 and has had the taxes paid on it since 1971, when it appears that someone had realized the error and informally corrected it. I feel we should take whatever action is necessary to formally correct this error, which should never have occurred. The road is and always has been and intricate part of the complex and serves no purpose to the town. Further, it is not the practice of the town to accept roads within a privately owned apartment complex. Sincerely, J �� VERGILIS, STENGER, ROBERTS & DAVIS, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 OF COUNSEL: GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 LOUIS J.VIGLOTTI KENNETH M.STENGER KAREN MacN1SH ALBERT P.ROBERTS 845 298-2000 THOMAS R.DAVIS ( � LEGAL ASSISTANTS: JOAN F. R.DAVIS FAX(845)298-2842 AMY E.DECARLO ww•w.vsrp_com MARIA L.JONES KEVIN T.MCDERMOTT SANDRA A.OAKLEY ANGEL I.FALCON e-mail:info@vsrp.com CLOSING COORDINATOR: ANTHONY M.DEFAZIO*** SUSAN E.CAFFINE JAMES P.HORAN*** LISA M.COBB POUGHKEEPSIE OFFICE *ADMITTED TO PRACTICE 276 MAIN MALL IN NY&FLA. POUGHKEEPSIE,NY 12601 *"ADMITTED TO PRACTICE (845)452-1046 IN NY&CONN. **ADMITTED TO PRACTICE NEWBURGH OFFICE IN NY&NJ 299 N.PLANK ROAD,SUITE 106 NEWBURGH,NY 12550 (845)567-3783 June 5, 2008 Hon. John C. Masterson, Town Clerk Town of Wappinger 20 Middlebush Road RECEIVED Wappingers Falls,New York 12590 JUN 0 9 2008 Re: Arlene Drive File No. 12951.0957 TOWN CLERK Dear Chris: Inasmuch as so much research has gone into the status of Arlene Drive as a Town highway, I thought it best that you maintain the following documents within your folder: 1. Letter dated 1124108 to Graham Foster from Thacher, Proffitt& Wood, LLP; 2. Copy of deed dated April 9, 1964 recorded in the Dutchess County Clerk's Office at Liber 1127 Page 281 on May 8, 1964; 3. Copy of minutes of Town Board meeting of April 9, 1964; 4. Copy of deed dated April 13, 1984 from Chase Manhattan Bank and Vilcrest Corporation to A.R. Fuels, Inc. recorded in the Dutchess County Clerk's Office at Liber 1633 Page 139; 5. Copy of fax from Lora Madeira of DC Real Property Tax showing handwritten notation that"Town disclaims ownership"; O:IWappingerlTown BoardlArlene Drive Abandonment1060508 letter to Masterson.doe Page 2 b. Copy of deed dated July 13, 2007 between A.R. Fuels, Inc. and J.I.H. Properties LTD. to HP Coolidge Maloney Road, LLC, et al. Very truly yours, VERGILIS, STENGER, ROBERTS &DAVIS, LLP ALBERT P. ROBERTS APRJso cc: Hon. Christopher J. Colsey, Supervisor(w/out encl.) Town Board File (w/out encl.) 0AWappingeffown Board\Arlene Drive Ahandonment1060508 leuer to Masterson.doc Thacher Proffitt&Wood L12 y 50 Mai.- Street Iliacher '= F -` White Plains,NY 10606 Proffitt 914.421.4100 Fax: 914.421.4150 www.tpw.com Direct Dial:(914)421-4144 Isciarretta"5tow.com Admitted in NY.NJ January 24, 2008 VIA UPS- OVERNIGHT DELIVERY Hon- Graham Foster Superintendent of Highways Wappinger Town Hall RECEIVED 20 Middlebush Road Wappinger Falls,NY 12590 JUN 9 2OII Re: Arlene Drive TOWN CLERK Town of Wappinger, New York Dear.Mr. Foster: As per our recent conversations, we represent HP Coolidge Maloney Road, LLC ("HP"), the recent purchaser of the Village Crest Apartments located in the Town of Wappinger, HP purchased the Village Crest Apartments from A.R. Fuels, Inc. (the "Seiler"). As part of that transaction, the parties discovered that Arlene Drive, while treated as a private road by the Town, was actually conveyed to the Town of Wappinger in 1964. Enclosed for your review are copies of an excerpt of the title report relating to the recent transaction, the 1964 deed, and portion of the survey depicting Arlene Drive. It is our understanding, based on conversations with you and the Town Clerk's office, that the Town has not maintained, plowed, or paved Arlene Drive and that it has been treated by the Town as a private road. In that regard, at the time of closing, the parties agreed that HP would hold certain money in escrow pending the Town's formal abandonment discontinuance of Arlene Road as a Town road. Once.- formally abandonedldiscontinued, HP will release the money to the Seller. Accordingly, based on the fact that Arlene Drive is not treated as a Town road, we respectfully request that the Town formally abandon/discontinue the road in accordance with § 171 of the N.Y. Highway Law and any other applicable laws. To that end, we would appreciate that this matter be placed on the Town Board's February 11, 2008 agenda for a formal vote and resolution. New York,NY Washington,DC White Plains,NY Summit,NJ Mexico City,Mexico Hon. Graham Foster January 24, 2008 Page 2 Thank you for your cooperation and attention to this mater. Should you have any questions concerning this matter, please do not hesitate to contact me. Lastly, please let us know whether this matter will be placed on the February 11, 2008 agenda. Sincerely, THACHER P FFITT & WOOD LLP r` By: � Li o J. iarretta cc: Hon. Supervisor Christopher Colsey (w/ enclosures) Schedule B -Owner's Policy Exceptions from coverage -continued 2. Rights of Way to Central Hudson-Gas and Electric Company and New York Telephone Company as follows: a. recorded 06-16-51 in Liber 776 cp 334. FOR OWNERS POLICY ONLY: Poiicy insures that the structures shown on survey used herein may remain. b. recorded 01-17-63 in Liber 1094 cp 577. FOR OWNERS POLICY ONLY: Policy insures that any easements contained therein do not interfere with the structures located on the property. c, recorded'10-25-63 In Liber 1112 cp 351. FOR OWNERS POLICY ONLY: Policy insures that the structures shown on survey used herein may remain, (Affects Parcel 1 only). 3. Restrictive covenants contained in Deed recorded 10-2-62 in Liber 1088 cp 361. (Affects a portion of. Parcel 1: Tax Lots 593861, 5B3B57, 575663 and 564876) and more. Said restrictive covenants do not contain any condition or right of re-entry nor provision for forfeiture under which the insured can be cut off, subordinated or otherwise disturbed. 4 1p1 g riled 5 -C�In Lt ( 127 cp 281 in and real estate taxes:foe tha sgMgL ara'assessed g tl�e Cerhfted OW017 M)1Axl:ot hits NOTE: Although Arlene Road was.,,conveyed to.the Town, said road is included in the descriptions contained in Deed ink t� *, ;�#r:t1 �b�l' 1633.cp E39and real .F_. •,. E e #ate.fax folre sane ark asessec e:.Ce. ied�rlrrer as`fax Lot 583857:' FOR OWNERS POLICY ONLY: Policy insures that the structures shown on survey used herein may remain. 5. Agreements for sewer easement recorded as follows: a. 10-29-65 in Liber 1191 cp 355. b. in Liber 1 Z21 cp 658. nil c�t5 F--ari:ei.i visiy j. FOR OWNERS POLICY ONLY: Policy insures that the structures shown on survey used herein may remain. 6. Declaration of Easement recorded 8-•31-65 in Liber 1187 cp 484. (Affects Parcel i only). FOR OWNERS POLICY ONLY: Policy insures that the structures shown on survey used herein may remain. 7. ppDppeclaration��ojf;Easement For Use of Wells and j [Other Water Sources recorded 7-29-71 in Liber 1312 cp 88ol, as mocified by i fgreement recorded 1-13"./5 in L�LVr 1058 �.N '3-�1. kAffects Parrels 1 and 3). FOR OWNERS POLICY ONLY: Policy insures that the structures shown on survey used herein may remain. r $�4---e4alUNrl Ir+•4-W.-k.P` wit\7W Gwnv.s- a '•l.euta.4vwr�r..a,i.ae - ! 1 • it f,�T �II ��IEI�Ypf� � .• Made the 9th day of Apr-i1, ---. and Sixty—Four. i., HASH ,APARTMENTS CORP. , with offioee at 49 Market Strest,, Poughkeepsie, Dutoheae County, New York,_ a corporation organlaed under the li"of the state of New York. ;- j . party'ol the est part, 4' j n Town of Wappinger, Duto]aese County, New York, a muntoipal ; corporation of The State of New York, party of the second past, } f $9`Ee that the party of.the &rst part,in conside[adon of : QNE — – - paliara,lawtul money of the United States,' aotual oonaideratl.on, paid bY.the perry of the seeond part, does hereby grant arid,release unto the party .. of the second part, Its euocseaors, and assigns forever. ' [� that tract or parcel of land situate, in,the Town of Wappinger, Dutohesa County-, -New York, bounded and described as. foll.orve, BEGINNING at a point in the northerly' 11ne of Maloney Road, the raid point being the southwesterly corner of the herein deeoribed,paroel E : and being. e 720 00' 30" E. 36.54 ' from the southeaoter.1y.00rner of land$ now or formerly of odegaard; thenoe along the northerly line of Mahoney i. I Road the tollOving ooursso and distances 8 720 00' 30L, E. -8,96', 8 700 L s7' E. 91•,21', thenoe along the easter19 11no' of a proposed street i 50' in xldth, the fo110wid9 vourtsee and diatancee along a curve to the f right having a radlue of. 25' a dlstanoe of 42. 070, N 251 20' E. 524.09 along a ourve to the left having a radlui of'501' a distance of 110411,721" N 250 201 E. 5,81' to a point 1n the town line separating the Tov. of t � LaGrange' and Wappingers; thenoe along said town 11he, N 644 53'. 30" 'r7 5a'F et the following111 ' thenoe-slang the westerly line of the sold proposed street, couroes sad dintannes; S 254 20' W 5.61, along a ourve to the jef G having I� a rsdiutt at 501, a distanon of 104.721, 8 250 20' W 631.28'- along a curve us of 2 ' a distance of 36.07to the Point or to the right having a z'sd1 ' ',' . pzace or beginning. I; j%y Sub,aot to and on oondition that all that plooe or pa!r601 of lana s �• imrc� } a7 �. . ]O 1 lying in the ttirzing circle outolde the litxee of thS , 5G� atra13L' conveyed, to be known all ,Arlene Road,shall revert baok to .he grantor, ita !' suooeaeors and assigns at such time as the street hereby oonveyed Is ex— tended and accepted by the proper municipal authority, - Subject to any Saots an actual :survey shell disclose. EXCEPTINd and MZFtVIN4 to the 'grantor, its auooeocorn ana',assig' title to water encl eewer pipes now or hereafter 1nalalled In the foregoing premises, together-With the right-to repalr,- replace 'and maintain said p1pe Provided -that thereafter said premiseeIare restored to as nearly as poselbl�s their original, oonditlon,and provided further that- said reserved rightd shall always be exercised with due regard for-the 'rights of the public therein. ff ; ALSO ZWEPTIVO and RESERVTOO to the grantor, its eunoeseora .and. &atsigh f I1 � the right diaoharge surfac'e and other waters from the•Lards pf the grantorto the east of the foregoing premises, under and through a drainage pipe installed under said premises to other lands of the grantor to the . west of said premises. Being the road ae set forth and described In a map entitled -Arlene Baah. Apartments,- dated Oct October o e1' 1963 and f11ad In the Dutoheee County Clerkle Office on November 2, 196) as Map'#3090, vhloh said map was approved by the Planning Board of the Town of"Wappingear•on Novamber,19, • 1962. Moptbtr with the apputtamwoes,aait all the estate and rlgh& of fba•parfy of the i?rst parr in and to said premises. r 1rC jafl$ ffitD to ba1?i rhe ptemises beret*�&rantrd unto tho part y of rhe second port, ; Ito successors and ass1zns forever_ i 1i. ,fir - . • , - _ , 'Unb ch.party o,f the Amer pert covena=x as follows; it • S(rgL—That the-parry of the first part J3 seized of the said premises in feo simple, and has P good rigbt to wavey the same; } ftont. —Thai the part of the second part ova;,qu;c-tiy e.0joy the said premises; w1birb. --That the said pr.«isRs are free from incuzobrances; _fOIIiCb. —Thai the party of rhe fast part will.axecvre or procure auy.further nocessarp Bs- 3: surence of.the title to said premises; ffift—That the party of the Bats parr will forever warraOt the ritit to ssid pre nlses; 6ixt' •—7-he gramor,In compliance wirh Sacrlon I.1 of rhe Lien,Latw, covenants that tae gruntar wUl receive the eoaslderation for this conveyance and will hold chit right to receive such sousideration as i (` it trust fund to be applied first for the purpose of pitying the cost of the improvement and drat the gt$.00, t 1 . will;0pp1Y-'rh s;M fxst to rho payment of the cost of Me Improvement before uxfng any part of the coral I( of the same for any other purpose. 1 . _ - . .' • . - 1, 31t[ {tltegjerem , the party of the drsr part has caustd Its corporate re ,trbbe berru= 9 �f aSxed,:tnd these pre3ents cube signed by its duly vuthnrlred officer the day and year �f�Asnt u(jrtf z. �� n prtlGtirC6 II�: 4 Cw�ie�Fi'F'G f� 'r'-}•rr!� ; Eye r �i[s 112'7 Int•r: 283 Matt of Nest xorx ,�. • Coettttp of Dutoheas ' On rho 9th day of April v 64 befo,;e me came Mi aha e). E, Bash to me known, who,being by me duly Sworn,did depose and say that he reafdea is ' Poughkeepsie, New Xork that heisrhe President of Bash Apartments Oorp. i the aorporaflou described in,and whish isicauted, the foregoinginstrument;;hat he knowsthe deal , of I j said eorporatlon, that the seal elNxed to raid instrument fy suah eorporatt seal;that ft was so a£riaed by I! order of the board of direotors of xsld corporation;Anil that he signed h la note thereto by like order. Notary Public pMAY N144C 1�Mtj OF Mi•-�06M 8i3Wt�6 J0 WTCHeU CousTr i to a i w • n • r q F• a� .f� IVa; f 0. � Q as a C4 - ,-;tom,tr ' _ l7utchess Cotuny Cler4c'e nMca 'Recafved an the vt. .. ..�H..-. ,. M _. .M. detorted in et p9Qe...--_...�.f..-.And fY3Riirud p r%r- SUPr�enfrrrt,� FREQERiQ A. SMITH, CLERK INSTRUMENT g Ko00 4'71 IFAGE xtiU. "TCOU1tZY REF- OtiSC41£% a>;K ' •$ •TOT. `�y - - '�A'!• niiryi'! C;�E�K�S I C4t.. I i;Art f 1 1 rp.i r �f: r� lying in the turning circle outside the lines of the 501 street herein conveyed, to be known as Arlene Road, shall revert back t6 the grantor, its successors and assigns at such time as the street hereby conveyed is ex- tended and accepted by the proper municipal authority. Subject to any facts an actual :survey shall disclose. EXCEPTING and RESERVING to the grantor, its successors and assigns, title to water and sewer pipes now or hereafter Installed in the foregoing premises, together with the right to repair, replace and maintain said pipe provided that thereafter said premises are restored to as nearly as possibl �3 {° their original condition and provided further that said reserved rights 5 sha11 always be exercised with due regard for the rights of the public t' therein. ALSO ZVEPTING and RESERVING to the grantor, its successors and assig the right to discharge surface and other waters from the lands .of the grantor to the east of the foregoing premises, under and through a drainage pipe installed under said premises to other lands of the grantor to tie west of said premises. Being the road as set forth and described in a map entitled Arlene y ; Bash Apartments, dated October 15, 1963 and filed in the Dutchess County j Clerk' s Office on November 2, 1963 as Map #3090, which said map vas approved by the Planning Board of the Town of Wappinger on November 19, 1962. 3 hi 3; ggP� 7 3 3 ff 1� Y i �p - MDgetber with the appurtenances and all the estate and rights.of the party of the first part in and 3 to said premises. To babe anb to bolb the premises herein granted unto the part y -cf the second part, - _ai its successors and assigns forever, j[D the party of the first part covenants as follows: i "s ' 1 _jirj5t.—That the party of the first part is seized of the said premises in fee simple, and laas � E i # good right to convey the same; F —That the part of the second part shall quietly enjoy the.said premises; d i j Ebir 1. —That the said premises are free from incumbrances; i ar I ' �F Sr 9`s Oilifl'. —That the party of the first part will execute or procure any fort' er necessary as Rz sllrarce of the title to said premises; _'ffm.—That the party of the first part will forever warrant the title to said premises; i i —I`he grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor ; is 4- #' will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fend to be applied first for the purpose of paying the cost of the improvement and that the grantor will apply the sante first to the payment of the cost of the improvement before using any part of the total {{ of the same for any other purpose. i e� '7 c= f i 1 1) , F S S 3Jntint" =bCreQf, the party of the first part has caused its corporate se b e-reudI affixed, and these presents to be signed by its duly authorized ot3icer the day and year 1i -�acJlt 0 ------Ba sh-_ P r n fi.---• -----------------•---------- --- . Preaident - AA G 61112j �-'Au 260 a'. y� f€� z; Y t 4 d e S� t TIQ;�j ICb T ;> Cb 161 kid Inn T TDV;j I 7tA M110 'H-LIAS -V OPAICY38A U pr.U!W.Oxa pue abed }a .jo ;Cep... ......Oqj UO POAjU3aH Cb cb cb P3 :3 (D C+ Cb 0 co O'Q -,Q' rb 1-0 v- (D rL :F- �u Ftz-1 2� to tztVs Z tr ct (D ct ::3 s CD t-� D Lmi tv 0 :+ m ry 13 �g7 ojTcLnd Sau4OM JIL,"/.r rapxo a-y!j Sq Oplazi; GUILDU T if par[2.rs aq #er p pue fuope.rodroo p!es jo jo pjpoq ail? jo japxo Sq pax_We os seyA ;! ;erp 'leas amrod.roj mans sr ;uaurnqsur . ples o; paxyjv juav arf; ;etp uoperod.Toj pps jo leasazj� sAiou-y aq ;urjj !xarrinr;su! 2u.TO7aioj op 1pa;naaxa rIDNAt pyre lur paq!.rosap uoperod-roo alp -djoo S!.u9tujawdV qgwg 10 4uqpTq oacl arp S.1 aq ;Urfj yi.ioX x@N laTsdaeXq2nod U[ sap!sa-i aq ;ezl; Xes pue asodap prp axoAis Sjnp am Sq D'u.raq 'Gq,4i 'UALOU-T OLU W arava aux a-ropq 47961 -C jadV jo Aup T�6 aq� uo saavq,na ;o dluuo,3 The regular monthly meeting of the Town Board, Town of Wappinger was held on Thursday evening, April 9, 1964 in the Town Hall Mill Street, Wappingers Falls, N. Y. Present:-Supervisor-Richard H. Linge, Councilman-George Robinson, Justice of the Peace-Vincent Francese and William Bulger, Town Attorney-Judson Williams, Town Engineer-Charles Maneri, Supt. of Highways—B,bbeft!sLMmaea, Building Inspector-Joseph Ludewj-g, Town Clerk-Helen L. Travis. The meeting was opened at 8 P. M. by Richard H. Linge, Supervisor. Supervisor Linge adkiced Board members that they had received copies of the minutes of the March 12 & 19 meetings and asked them what their pleasure was on same. Motion was made by Councilman Robinson and seconded by Justice of the Peace Bulger that the minutes of the March 12 & 19 meetings be accepted. Motion carried The bills for the moA(th of March were read. Motion was made by Justice of the Peace Bulger and seconded by �I Councilman Robinson that the bills be paid. Motion carried GENERAL FUND WARRANT SHEET #4--$4, 302.37 HIGHWAY FUND WARRANT SHEET ##3===$4, 773. 37 Letter of resignation was read from Councilman Malcolm Hai1t, to w a Rt(1 MG take effect on April 30, 1964, due to his g out of Town. The Town Board expressed their regrets for Mr. Haits resignation stating that the Board will miss hien for his fine co-operation and work done on same. The followingreports were submitted We, the Board of Assessors, wish to submit a report of our activities for the first quarter of the year, 1964. The office of the Assessors has been rearranged and a new filing system inaugurated. We have had to purchase e6ifie supplies in order to improve the efficiency of the office and we feel that they have been very worthwhile. (2) 1S civil cases showing $38. 50 collected in fees and filing costs. (3) There were two criminal actions handled by me during the month of March. I have forwarded a total of $203. 50 to the State Department of Audit and Control. I am holding $4. 50 in my official bank account for civil cases wh$ch were not c6osed during the month. Signed Vincent S. Francese Justice of the Peace During the momth of March, 1964, while presiding in. Justice Court, Town of Wappinger, I heard the following cases and collected the fees and fines listed below; TYPE NUMBER FINES & FEES COLLECTED MOTOR VEHICLE 17 $400.00 Civil ---- -------- Criminal ----- ----------- I am holding $13;50 in my official bank account on pending civil cases which were not closed during the month of March. Three warrants were issued on motor vehicle violations. Submitted by William J. Bulger, Justice of the Peace_ Letter was read from H. W. Scoralick, Div. of Environment, .Sanitation, in reference to Oakwood Knolls, Sewage Treatment, Town of Wappinger, advicing Mr. Ludewi4gthat sewerage treatment facilities has been installed and placed in operation , and that it will at the present time treat sewage from 60 house. Stating that certificates of occupani can be issued for 60 houses and that they had no objection to building permits being issued for Section one only of the dev- elopemknt or a total of 7A homes, but Certificates of Occupancy notidoob&yibeujdsundil approval is received from them. The contract of th4 Sloper-Willen Ambulance was read by Attorney Williams. Mr. Williams stated that the Board had to establish what they were going to pay for the remainder of the year ,and also the amount they were to charge and that they should authorize the Supervisor to sign the contract with additions . Motion was made by Justice of the peace Bulger and seconded by C01 cilman Robinson that Supervisor Linge be authorized to sign the 196f in the Town Hall. f'h 2--Pooposal to rescind IteX 17 of Permitted Principal uses in Residential District and to substitute new Item, which is more specifically shown on Page 19 of the minutes of the . Town Board meeting held on February 6, 1964, in the Town Hall, Wappingers Falls, N. Y. Mr. Murrill Effron presented form of option from the L & A Filtration Corp. The Town Attorney stated he had gone over this and found same to be in order. Motion was made by Justice of the Peace Francese and seconded by Justice of the Peace Bulger that Supervisor Linge be authorized to sign an agreement with the L. & A. Filtration Corp. fixing rates and granting an option to the Town' to purchase the fac- ilities. Motion carried Letter was read from the State of New York, Executive Chambers enclosing a "Proclamation making the month of May "Senior Citizens Month" . Motion was made by Councilman Robinson and seconded by Justice of the Peace Bulger that the Town of Wappinger proclaim the Month of May, "Senior Ciizens Month" . Motion carried Dick Mechile of Cooper Road and Route 9 introduced William S. Rayburn who spoke on a trailer camping park for this site, to take care of campers &oming in Trailers to the Worlds Fair. The Board listened to the proposal and then turned the matter over to Mr. Ludewig asking him to look into it further and -to bring in a report. Supervisor Linge welcomed the Mayor, Peter Furnari of the Village to the meeting. Resignation was presented from. Thomas Mc Cullough from the Planning Board, due to his moving out of Town. Motion was made by Justice of the Peace Bulger and seconded by Justice of the Peace Francese that the above resignation be accepted with regrets. Motion carried. Motion was made by Councilman Robinson and seconded by Justice of the Peace Bulger that the meeting adjourn. Motion carried Signed Town Clerk 1 COMULT YOUR LAWYER BEFORE SIGUNG THIS 24STRUMEW--THIS INSTRUMSN'T SHOULD BE UM BY LAWYERS ONLY. THIS INDENTURE, made the 13th day of April , nineteen hundred and eighty-four gEIVVEEN THE CHASE MANHATTAN BA14K (NATIONAL ASSOCIATION) , a national banking association having its principal office at One Chase Manhattan Plaza, New York , New York 10081 and VILCREST CORPORATION, having an office at One Chase ?:anhattan Plaza, New York, New York 10081 A .R . Fuels , Inc . i�� party of the first part, and `a- New York corporation having an office % A.R. Fuels, Inc. , 2125 Mill Avenue, Brooklyn, New York party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars 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 mud assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Wappinger, Dutchess County, New York described as follows: Map 8; Block 1; Lot 2; Apt. Bldgs , 6. 33 acres Tax map grid nos,�_ � 19-6259-02-564876 19-6259-02-575863 19-6259-02-583857 and Sewer Plant. Lo&_1_ Map 8; Blocic :1; . Lot: 1.8,7 Tax Map Grid No. 19-6259-02-544878 This deed is retroactively effective as of February 29 , 1960. 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 thepremises 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,in compliance with Section 13 of the Lien Law, hereby rove-rants that the party of the first part will receive the consideration for this conveyance and will hold the right to rective such consid- eration as a trust fund to be applied.first for the purpose of paying the cost of the improverncrnt and %%i17 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 urposeThe word-J'party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. SS�WHEREOF, the party of the fust part has duly exerted this deed the day and year first above -.. i THE CHAS]p l�IA2II3ATTAN BANK I.zsf V41ya oP (NATIONAL ASSOCIATION) -- - •'�- VILC ST CORPORATIOV /f �e President 05;'1212008 14:50 FAX 8454862093 DC RPTS WAPPINGER 0]001 FACSIMILE COVER SHEET TO: Loretta AGENCY: Town of Vllappinger Assessor's Office FAX: 297-8451 FROM. Lora -- DC Real Property Tax DATE: 5/12/08 NUMBER OF PAGES TRANSMITTED: 2 (including this page) F If this does not transmit, please call: F Lora at 845486-2146 MESSAGE/COMMENTS: I spoke with Steve and I am looking into prior owner Princeton Builders that I spoke to you about. I will try to get back to you today....Lora 05;1212003 14:56 FAX 8454862093 DC RPTS = W PPINGER Z002 GRiD_�' — 25 �9. _� �F 7_k3�----- PREVIOUS --- MA INT DATE !�&J._2117 Fvel5 �Nc NA�4F_ ---- SPLIT TN tr'w--QZTL.Ny----------- ---w—___._-_�__ LDCATIND --------- T©'TAL DEED REF 8K PAGF DATE BK� PAGEREMARKS f GUppFi�,c. r �� DEED REFERENCES FCO PEP PATF , DUTCHESS COUNTY, NEW YORK RR PAEYIOUS ACCT..K_._ �.� U '7 }�'-77AIN, ACCOUNT NO, � 7•S'1 r � T r F7ATE - SECTIOM no, LOT 6 1&sE CDOE IJC, 6 I1 o LVw W ��M1.A70r <. tLekAL{ p7P/lb/J`�.� NAME J /1n F ADbRESS V/VVe"�+V� ��lJi`�VIC'/a YIVIV -I Q�A:IC C-� J �I G`C"Ll - ' - I . � LLASSIRC4TION PARCEL LOCATION_ If P t- h 1�'�� -r3 �'� P VALUES . /n�In� ihNO IMPROVEMENTS TOTAL FULL E TYPE DESCRIPTION 1.I FZ-I_Jl .�=. -_,----- j LOT S12E OR ACREAGE •I'�`J�" co 11 TYPE CODEC T 5 E7EEMFT EXEMPT AMOUNT ACE II COPE cooE i l ` �� _� ✓�. f' r/°td i /f `J DUTCHESS COUNTY CLERK RECORDING PAGE RECORD&RETURN TO : RECORDED: 08/02/2007 THACHER FROFITT & WOOD 54 MAIN ST AT: 15 :43 :31 16TH FL WHITE PLAINS NY 10606 DOCUMENT ## : 02 2007 5482 RECEIVED FROM: ALL NY TITLE GRANTOR: AR FUELS INC GRANTEE: HP COOLIDGE MALONEY RD LLC RECORDED IN: DEED TAX INSTRUMENT TYPE: DISTRICT: OTHER EXAMINED AND CHARGED AS FOLLOWS : RECORDING CHARGE: 233 . 00 NUMBER OF PAGES: 12 TRANSFER TAX AMOUNT: 84, 400 . 00 TRANSFER TAX NUMBER: ##000055 E & A FORM: Y *** DO NOT DETACH THIS *** PAGE TP-584 : Y THIS IS NOT A BILL COUNTY CLERK BY: RLP / RECEIPT NO: R51955 BATCH RECORD: 000066 FORD KENDALL County Clerk s 0 2 2 0 0 7 5 4 8 2 F or ---Buyaia and se?e Deed,with Covenant agaiail GrMtor'a Act,—1ndivid=t or Corporation(Single Shed) t CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. nl'I 0 THIS INDENTURE,made lw.raFxJ3rt day of July,in the year 2007 i=1 r�F� BETWEEN AR FUELS,INC.and J.I.H.PROPERTIES LTD.,each a New York corporation having an address at 1127+' Commercial Street,Freeport,New York 11520 party of the first part,and HP COOLIDGE MALONEY ROAD,LLC,a Delaware limited liability company,as to an undivided 56.0000%interest,COOLIDGE BENTON LLC,a Connecticut limited liability company,as to an undivided 13.0a0fto interest,COOLIDGE FOREST LLC,a Connecticut limited liability company,as to an undivided 12,4520% interest,and COOLIDGE WOODLAND LLC,a Connecticut limited liability company,as to an undivided 18.52aO% interest,each having an address c/o Houlihan-Parnes,One West Red Oak Lane,White Plains,New York 10604 party of the second part, WITNESSETH,that the art of the first I party part,in consideration of TEN AND 001100($10.00)dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the patty of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in #W-Town-e€-Poughkeepsie, Dutchess County, commonly known as Village Crest Apartments, 510 Maloney Road, P_vu ee te,New o e"Pre i e " remts is are part cul I deg/ ed• "Schedule "attached hereto.� lsssDiR161 -- pApT►R7+ ��to '3-13-�O�evtripC/r3} ' 1nC+efo{.( tj��C�n1La7�6S"vtk`� �77tEpCLSp;Te�/H�tyOTTi r dY1�DA7YlY'li'dr/Nt�iOS-tom TOGETHER wtth ell right title and tnterest, if any, of the party of the first part in and to any streets and roads' abutting the above described premises to the canter 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 encumbered 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 consideration 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 requires. IN WITNESS.WHEREOF,the parry of the first part has duly executed this deed th ay and year first above written. IN PRESENCE OF; AR FUELS, C. B ;Ronald tel s, sident PROPIRTIES LTD. By:Ronald Shields,President fAJt.,II6Z.l-33 eAb+c OT&CEL IA)- 6�G VAIr sn�FA u Poaf6C-J id r OE£� rnrrt/i!J?.yoGri f-I Zrpm�� 13Y AW W AM to-3-VO -<-1D00 G-134//N j_I&K/1-137►��G E �, C�/Tf��2 a}J��6 T3fi�S?mc 6+"�sar�X-Jui dtjO 1.0 70 �7a P /�i�Cry tic a-a9-fo Rrleeo 3 t3 �,�c�4��1�°�eta �' H�1 �YDcDt� r /fit-cAzC-D 11-10-1.5-ni t4ap-1472 Ph46 38;z Olecet LI), i ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE ACKNOWLEDGEMENT TAKEN IN NEW YORK STATE State of New York,County ofk6m State of New York,County of ,ss: On The '1'day of July in the year 2007, before me, the On the da of July ithe y yn year 2007, before me, the undersigned,personally appeared RONALD SHIELDS undersigned,personally appeared RONALD SMELLS personally known to me or proved to me on the basis of ,personally known to me Or proved to me on the basis of satisfactory evidence to be the individual(s)whose names)is(arc) satisfactory evidence to be the individual(s)whose name(s)is(are) z subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/shdthey executed the same in his/hcrAheir capacity(ies),and that he/she/they executed the same in his/her/their capacity(ies),and thou by his/hcr/their signature(s)on the insuument,the individual(s),or by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf ofwhich the individual(s)acted,executed the the person upon behalfofwhich the individual(s)acted,executed the instrument. instrument. VINCENT F CAPONE otary PUNIC.State If New York N*401CAfI137631 Qualified In Wattloltwster Ct XMW ACKNOWLFDG ha} ww'"Wb"N"**Lq ACKNOWLEDGEMENT TAKEN OUTSIDE NEW YORK TAKEN IN NEW PORK STATE STATE State of New York,County of ss: *State of County of ss: On the day of in the year before me, the "(Or insert District of Columbia, Territory, Possession or Forc;gn undersigned, a Notary Public in and for said State, personally County) appeared ,the subscribing witness to the foregoing instrument, with whom I am On the day of in the year before me the personalty acquainted,who,being by me duly sworn,did depose and undersigned personally appeared say that hdshelthey reside(s)in Personally known to me or proved to me on the basis of satisfactory (,f the place of rcsiduwe is in a city,include the street and street ncm6cr if arty,thereof); evidence to be the individual(s)whose name(s)is(are)subscribed to that hdshe/they know(s) the within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ies), that by hWherltheir to be the individual described in and who executed the foregoing signature(s)on the instrument,the individual(s)or the person upon instrument;that said subscribing witness was present and saw said behalf of which the individual(s)acted,executed the instrument,and execute the same;and that said witness at the same time subscribed that such individual make such appearance before the undersigned inthe his/herhheir name(s)as a witness thereto (add the city or political subdivision and the state or country or Other place the acknowledgement was taken). Bargain and Sale Deed With Cotenants SECTION;6259 BLOCK:02 Title No.ANY2006-45200 LOT*,705840,635855,593861,583857,575863,564876,544878,and 538666 (ISIS p rt t'l,)'157 703 to gl 46-7 b- AR FUELS,INC.AND J.I.H.PROP_F,RTIV..g r.Tn rn�n.??'Y�ItTOWN:r)-at_.___ Gi TO COOLIDGE DENTON LLC,COOLIDGE FOREST LLC, COOLIDGE WOODLAND LLC,AND IIP COOLIDGE MALONEY ROAD,LLC AS TENANTS-IN-COMMON RETURN BY MAIL TO: DISTRIBUTED BY ThacherProttiitt&Wood LLP Main Street 16a Floor While Plains,New York 10606 YOUR TITLE EXPERTS Attention:OngoryP.Murphy,Esq. The Judiclal Title Insurance Agency LLC JJ 800-281-TITLE(13485) FAX:800-FAX•9396 T L 11 ✓ 9 Q. , . AUL NEW YORK TITLE AGENCY, INC. Title No. AW2006 5200 E f "SCHEDULE A Amended 07-11-2007 PARCE1. I (Tax Lots 705840, 635855, 593861, 583857, 575863 and 564875) ALL that certain piece or parcel of land situate, lying and being in the Town of � Wappingrr, County of Dutchess and State of New York, bounded and described as follows; BEGINNING at a point in the southeasterly lice of State Highway Route 376, said point being the southwesterly corner of the herein described parcel and the northwesterly comer of lands now or formerly of Real Management Corp. (formerly Mobil Oil Corp.); TRENC13 northeasterly along the southeasterly line of said Route 376, North 33 degrees 051 10" Past 76.00 feet; North 29 degrees 30' 10" East 154.82 feet; North 29 degrees 52' 20" East 74.35 feet; North 41 degrees 55' 10" East 119.48 feet; and North 45 degrees 437 30" East 33.65 feet to the northwesterly corner of the herein described parcel and the southwesterly corner of other lands of A.R. Fuels, Inc. as described in Deed recorded in Liber 1537 page 326 and on the approximate town line of the Town of La Grange on the north and the Town of Wappinger on the south; 'FENCE raswrly along the said approximate town line and along the southerly line of lands of A.R_ )Fuels, ,Inc. as described in Deed recorded.in Later 1537 page 326 and the southerly line of lands of the Town of La Grange, South 64 degrees 53' 30" East 1709.37 feet to the southeasterly corner of lands of the Town of La Grange and the southwesterly line of lands, now or formerly of Robert M. and Ann Lisa Neithardt (formerly of Charles 1. Swift 3rd and Rita M. Swift); TIJPNCE southeasterly along the southwesterly line of the last mentioned lauds along the southwesterly line of lauds of Detutis and Sheila C. Lynrh and along the southwesterly line of Iands of Joseph and Billie Wright Becldes (formerly Thomas and Mary Jane Chambers), South 33 degrees 08' 007, East 27.16 feet and South 33 degrees 24' 40" East 222.40 feet to the northeasterly corner of the herein dmcnbed parcel and the northwesterly corner of lands now or formerly of Robert P. end F1Pbra e— �- - - , Qaa:'—c� (zornaerly Giuseppe and.Domenico Porco); T MNCE Southwesterly and southerly along the westerly line of the last mentioned lands, the following six courses and distances; South 46 degrees 32' 50" West 88.99 feet; South 36 degrees 16' 00" 'Fest 205.91 feet; South 37 degreas 07' 00" West 6.46 feet; South 24 degrees 40' 50" West 38,11 feet; South 05 degrees 42' 50" West 20.82 feet; and South 05 degrees 24' 20" East 41..00 feet to the southeasterly corner of the continued on next page vL!L frfl NO. 0241 P. ALL NFW YORK TITLE AGENCY, INC. Title No. ANY2006-45200 9-C H 1 A U L R A {,,,,Qua ed3 herein dtscn- ed parcel and the southwesterly corner of said lands of Quaxanto in the northerly tine of Maloney Road; THENCE westerly along said northerly line of Maloney Road, North 84 degrees 01 50" 'West 174.54 feet; North 83 degrees 56' 40" West 173.09 feet; Forth 86 degrees 59' 50" West 93.52 feet; North 82 degrees 49' 10" West 36.08 feet; North 57 degrees 54' 10" West 182.66 feet; North 58 degrees 30' 00" West 109.52 feet; North 73 degrees 51' 50" West 143,72 feet; and North 78 degrees 34' 00" West 136.06 feet to The southeasterly comer of lands of Robert W. and Patricia J. Olsen; THENCE northerly, westerly and southerly along said lands of Olsen, North 19 degrees 36' 00" East 150.00 feet; North 75 degrees 05' 50" West 150.00 feet; and South 19 degrees 36' 00" West 150.00 feet to the southwesterly corner of said lands of Olsen in the northerly line of Maloney Road; THENCE westerly along said northerly line of Maloney Road, North 71 degrees 49' 20" West 200.96 feet; North 61 degrees 22' 20^ 'West 187.17 feet; North 70 degrees 57' 30" West 122.18 feet and North 72 degrees 0o' 20" West 45.50 feet to the Real Management Co southeasterly corner of lands now or formerly of Rrg. (formerly of Mobil Oil. Corp.): THENCE northerly and westerly along said lands now or formerly of heal Managemcnt Corp. (formerly Mobil Oil Corp.) North 10 degrees 32' 10" East 329.23 feet and North 70 degrees 37' 20" gest 155.00 feet to the point or place of BEGINNING. TOCEMER with a utility easement 75.00 feet in width, said easement extending from lands of Charles I. Swift 3rd and Rita M. Swift on the northeast to lands of A.R. Fuels, Inc. on the west, the southerly line of said easement being the northerly line of the above described parcel and being more particUIazly described Liber 1526 of Deeds, page 367, as follows: ALL that certain plot, piece or parcel of land situate, lying and being in the Town of LaGrange, County of Dutchess, and State of New York, bounded and described as follows: 13.80INN NG at a point in the division line between lands of Pray on the north and lands of Adama Ddvelopment on the south, tho said point being the northwesterly corner of the herein described parcel and being the northwesterly comer of a parcel of lands conveyed by bouglas C. Cochran, J= W. Patrick and Marian E. Lavery to Adama Development Corp., on April 23, 1953 in Liber 1099 page 621; THENCE along the southerly and easterly line of lands now or formerly of Pray and - continued on next page- JUL. 1 1. 200'1 5:48IM NO. 0241 P. 4 ALL NEW YORK TTTLE AGENCY, INC. Title No. ANY2006-45200 S C_H'S D ULE A fcan_t Ued) the southerly line of lands now or formerly Machee, the following courses and distances South 35 degrees 21' 10" East 18.12 feet; South 36 degrees 08' 00" East 32.39 feet; South 31 degrees 19' 50" East 95.06 feet, South 35 degrees 03' 10" Past 369.51 feet; North 68 degrees 18' 50" East 97.75 feet; North 55 degrees 02' 40" East 39.04 feet; North 46 degrees 55' 40" East 146.34 feet; South 34 degrees 57' 50" East 194.55 feet; South 32 degrees 48' 20" East 124,53 feet,• South 32 degrees 53' 30" East 195.93 feet; South 33 degrees 08' 00" East 318.88 feet; THENCE through, the lauds of Adama Development Corp,, along the Town Line separating the Town of LaGrange on the north and the Town.of Wappinger on the south, North 64 degrees 53' 30" West 1307.44 feet; THENCE along the westerly line of the above referred to conveyance, North 26 degrees 31' 50" East 455.00 feet to the point or place of BEGINNING. TOGETHER with the benefits of a Declaration of Msement for use of wells and other Water Sources dated 7-22-71 recorded 7-29-71 in the Office of the Dutchess County Clerk in Liber 1312 cp 889, which Declaration covers the following described parcel of laud:ALL that certain plot, piece or parcel of land situate, lying and being is the Town.of Wappinger, County of Dutchess and State of New York, bounded and described as follows: 13EGINNING at a point on the soutberly side of Maloney Road, which said point is the northwest corner of the premises herein described and is distant, South 76 degrees 36' - continued on next page - L�uL i 1. 2(v7 5,OPM n C.2 t a R ALL NEW YORK TME AGENCY, INC. Title No. ANY2006 45200 SCHEDULE co tinu East 110 feet, South 56 degrees 42' East 270 feet; THENCE South 84 degrees 39' &st 200 feet from where said Maloney Road is ��er by the easterly boundary line of lands now or formerly of Malcom R. THENCE from said point of beginning along the southerly side of Maloney Road, South 84 degrees 39' .Fast 244 feet, South 80 degrees 30' East 157 feet, South 74 degrees 44' East 75 feet, South 79 degrees 02' Fast 282 feet and South 53 degrees 31' East 74 feet; THENCE South, 34 degrees 22' East 87 feet to apoint distant North 34 degrees 22' West 800 feet from the pronounced angle in,Maloney goad; THENCE through lands now or formerly of Beverly Emsley and Stewart Reynolds, South 15 degrees 34' West 1213.71 feet; North 74 degrees 25' West 840 feet and North 13 degrees 18' East 1214.21 feet to the point or place of BEGINNING. FOR OWNER'S POLICY ONLY: FOR U�F4RMATTON ONLY; 510 Maloncy Road, Poughkeepsie, NY 12603 PARCEL 14 (Tax LOts 538856 and 544878) ALL that certain plot, piece or parcel of Land sitaute, lying and being in the Town of Wappinger, County of Dutchess and State of New York, bounded and described as follows. BEGINNING at a point in the northwesterly line of State Highway Route 376, said Point being the southeasterly corner of the herein described parcel and the northeasterly corner of lands now or formerly of A. Lieberman (formerly Douglas C. Cochran) and being South 87 degrees 41' 00" West 61.36 feet from the southwesterly corner of Parcel I described above; THENCE northwesterly along the northeasterly line of said lands now or formerly of A. Lieberman (formerly Douglas C. Cochm), North 57 degrees 28' 0011 West 185 feet, more or less, to the southwesterly corner of the herek described parcel being the northwesterly corder of lands now.or formerly of A. Lieberman(formerly Douglas C. Cochran); THENCE northeasterly along said southeasterly line of Wappiuger Creek 275 feet, - continoed an ue)a page- i 2007 5;4BPM 1�u: 0'14 i o ALL NEW YORK TITLE AGENCY, INC. Title No. ANY2006-4520C S C X E RE IE_ A (cowtinued) more or less, a tie course of North 48 degrees 23' 07" East 28396 feet, more or less, to the northwesterly corner of the herein described parcel berg the southwesterly corner of other lands now or formerly of Douglas C, Cochran; THENCE southeasterly along the southwesterly line of said lands now or formerly of Cochran, South 57 degrees 28' 00" East 100 feet, more or less, to the northeasterly cornier of said lalids now or formerly of Cochran on the northwesterly line.of State Highway Route 376; THENCE southwesterly along said Route 376, South 29 degrees 52' 20" West 10.00 feet; South 29 degrees 30' 10" West 153,42 feet; and South 33 degrees 05' 10" West 11.0.00 feet to the point or place of BEGINNING. PARCEL 2 (Tax Lot 603911.) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of La Grange, County of Dutchess, State of New York, i,deaatified as Grid No. 08-6259-02-f03911-00 hi the Talc Records contained in the Office of the Director of Real Property Tax Service, Dutchess County, New York and which is further described on the Tax Assessment Rolls of the Town of La Grange and is more particularly bounded and described as follows: BEGINNING at a paint on the southeasterly line of Route 376 also known as New Hackensack Road where the same is intersected by the northeasterly line of rather lands of A.R, Fuels, Inc, as described in Deeds recorded in Liber 1531 page 606 and in Liber 1533 page 139; RUNNING thence along the southeasterly line of said Route 376, North 46 degrees 04' 10" East 87.00 feet to the southwesterly line of lands now or formerly of Tatiana P. Camac; THENCE along said southwesterly line of the lands now or formerly of Tatiana P. Camac, South 43 degrees 27' 00" Fast 201.30 feet to a corner; THENCE along the southeasterly line of said lands now or formerly of Tatiana P, C&mac aad. couiiuuisxg -idoug `;ue southeasicrly line of lands uUw or farmes'iy of johu and Debra Flynn, now or formerly of Thomas C. and Jacqueline A. Frasca, now or formerly of Levern and Glenda A. Watson and now or formerly of David S. and Patricia G. Berk, North 46 degrees 33' 00" Fast 490.00 foet to the southwesterly line of lands now or formerly of Thomas and Carrie Frost; THENCE along the last mentioned southwesterly line, South. 35 degrees 21' 10" East 18,00 feet to northwesterly line of lands now or formerly of the Town of La Cxrange; continued on next page- i l�i,a V L'f I i ALL NEW YORK TUTEE AGENCY, LTC. Title No. AlVYr2006-4520C S C iff 9 D V , ued THENCE along the last mentioned lauds of the Town of La.Grange, South 26 degrees 31' 50" West 455.00 feet to the northeasterly line of other lands of A.R. Fuels, Inc. as described in Deeds recorded in Liber 1531 page 606 and in Liber 1633 page 139, THENCE along the last mentioned northeasterly line, North 64 degrees 53' 30" West 401.97 feet to the southeasterly line of Route 376, also known as New Hackensack Road, at the point or place of BEGINNING. Policy lunares that Parcels f and 2 are contiguous along their common line. PARCEL 3 (Tax Lot 753743) ALL that certain plot, piece or parcel of Iand situate, lying and being in the Town of Wappixtger, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Maloney Road, where it is intersected by the dividing line between the lands herein described and other lands of A.R, Fuels, Inc. as shown as Marcel 13 on Filed Map Number 8938 and described in Deed recorded in Liber 1972 page 382; RUNNING thence along the southerly side of Maloney Road, the following six counes and distances: Soutb 85 degrees 27' 04" East 244.04 feet, South. 79 degrees 31' 35" East 157.00 feet, South 79 degrees 13' 34" East 75.00 feet, South 76 degrees 31' 07" East 277.26 feet, South 56 degrees 14' 56" East 74.00 feet, South 37 degrees 05' 36" East 87,00 feet to the dividing lin" orwe ;u4 premise; A=ia described and Parcel C as shown on Filed Map Number 8938, at a point which is distant North 34 degrees 22' 00" West 800.00 fest from a pronounecd angle in Maloney Road; THENCE along the last mentioned dividing line South IS degrees 44' 19" East 1195.31 feet; THENCE stili along the last mentioned dividing Ii;ae and continuing along the dividieg - continued on next page - i'JL. 200; 5.49 PM NO. 0141 P: 8 .ALL NEW YORK TITLE AGENCY, INC, Title No. A►N'Y2W-45200 S C HL E 33 L7 T F A tcontin� Iine between the premises herein described and Parcel B as shown on said Map, North 74 degrees L5' 41" West 840.OD feet; =NCE continuing along the dividing line between tike premises herein,described and Parcel B as showxk an said Map, North 13 degrees 28' 19" Bast 1192.52 feet to the southerly side of Maloney Road at the point or place of 131 DINT TCr. PARCEL 4 (Tax.Lot 681675) ALL that lot, parcel or piece of Iand situate in the Town of Wa ✓� Dutchess and State of New York, and being ,Parcel B as shown onptheplan "T=our Lot Subdivision of the Lands Of Satellite 19e$tmeats" filed as Map Number 8938, in the Dutch= Caumty Clerk's office, Poughkeepsie, New York, and being more Particularly described as follows: BEGINNING at a point on the southerly line of Maloney Road, said point of begisuting being the northwesterly corner of lands naw or formerly I I.H. Properties Ltd. as described in recorded Deed Liber 1531 Page 618, said point of beginning being the northeast corner of the herein described parcels THENCE from, said point of beganniz�gg and along the westerly line of lands of said J.I.H. Properties, South 13 degrees 28' 19" West 1192.52 feet; THENCE continuing along the soufheriy line of lands, South 74 degrees 15' 41" East 563.99 feet; THENCE along the westerly lige of Parcel C as shown on the above referenced filed map, South 10 degrees 52' 38" West 1135.33 feet to the northerly lime of Airport Drive; THENCE along said Lime, the following two courses: North 79 degrees 07' 22" West 30.62 fed to a point of curvature; THENCE on a curve to the left having a radius of 1065.0] feet, ars arc distance of 532.77 feet as€iesm by the chord, South 86 degrees 32' 46" West 527,23 feet; THENCE along the northeasterly line of Parcel A as shown on the above referenced filed map, forth 31 degrees 34' 21" West 332.69 feet; THENCE along the northeasterly line of lands now or formerly Dutchess County, the - continued on next page- -abed�a�Sao i�uuutxoo - ')-)Q3 OE"L�,i isva ,,oi ,LZ s=aop 85 glnos pue sosxnoa aajql 2uftuj ias Qtp 4peo-d Xaaole)I jo Ong Al'ralnos a 2uo -,=u�srp � T� 4uopuW Jo ;;ml AIxaglnos eqT ox 12a3 LT'9�T Isla Ao ,TS saaz2 'Pe� � {lZ �oN H�I�'�iL `x;Qd LS"SL Mg „i�I ,5I saaxdap 89 EPnoS `aaun wx m a jo MT=az alp.SUOT`d al `SPMI pauopuaiu =1 otp jo auq xjza�seaI��a��!n � aoo�u 2ur�oJTpj Ie aaNaiu X13 Jo KW=cg ao eaou pouf pue uzala tosugor oEW atsnS put, ;;IVW Punoi aaatoo isod ooua o az paquasap sguEI am uovnNoq auq d�rrpr�tp x 3 S9'ZS sahtl -20 ,6I sQOJ2;aF oo ipxoN g:)NaHl 96'6LZ ISI3 „8£ ,L£ 90a2aP VT WON °aaua3 w. m E jo supetuai am fop? 33riaHx :pmtoj tttd iaajs E of Iaa3 £S"9ZT ism ,,£k st saaAop ZS tpnoS 3DNRaL 1aaj 8Z'9Z£Ima ££ ,£s saar$ap 89 PON `�n�awls 8 jo Me=aRI go u, z)x r ol mu `nem aanIs pies to ;mod aFP uv of Baal ZO'LtT 1MG .0,9 JZ=Aap ZS qgoN 'IJens auois v;o suretual alp gz OM aDNMU auoIs pros uT tuzod al2uE SS obi Ilene aIInls a jo smm, aql 2,aoly pus Somoa xrs 2u?tAonoj aqt ,(00 rodzo :saats�stp � s�a�dd b � yY �Ixaurso3) xEn�zagsaN �IM'V pue trdnof Xl-1 uzzoj ro naou spm jo auti �,==aglrtos 019 Suore aaRaH.E. 01 T :,tatxxoo jm,,� auogs E 3 D6"EO6 7salY� „SZ ,6S saar�ap t£toxo j `JTsnA auo;s 3o suTumaz a'LP 2uoie amv l ZZ-9991S k "OZ ,t'5 saaaap 6Z WoN `pMIoJ a033ral axrin pro ue Tn gtrroWo� Q;�aa� a- ya aol d ;saacze�szp puE sasrnoa om4 2U!AWjl0j 30ZS"OOZANV 'ON alVL 1 d N0 `OIV AdO5:S MI 'I I -W � f , 11. 2 u7 5:5GPM NO. 0241 P. 1G ALL NEW YORX TITLE AGENCY, INC. Tide No. ANY2006-452oC SCH E D U L E A (continued) THENCE South 60 degrees 28, 54" East 29M feet; THENCE South$1 degrees 35' 24" East 173.40 feet to the point of beg&nWng. Policy insures that Parcels 3 =d 4 are contiguous along their con=on lines. The poricy to be issued under this report will irnsur$the title to such buildings and FOR improvements erected on the premises which by law constitute rsal property. OONVEYANCiNG ONLY TOGETHER with ail the right,title and interest of the party of the first part, of, to and to the hand lyng in the street in front of and adjoining said premises. VERGILIS, STENGER, ROBERTS & DAVIS, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 OF COUNSEL: GERALD A.VERGILIS* WAPPrNGERS FALLS,NEIN'YORK 12590 LOUIS J.VIGLOTTI KENNETH M.STENGER KAREN MacNISH ALBERT P.ROBERTS (843)298-2000 THOMAS R.DAVIS LEGAL ASSISTANTS: JOAN F.GARRETT** FAX(845)298-21342 AMY E.DECARLO www.vsrp.Com MARIA L.JONES KEVIN T.McDERMOTT SANDRA A.OAKLEY ANGEL I.FALCON e-mail:infoCxvsrp.com ANTHONY M.DEFAZIO*** CLOSING COORDINATOR: JAMES P.HORAN*** SUSAN E.CAFFINE LISA M.COBE POUGHKEEPSIE OFFICE *ADMITTED TO PRACTICE 276 MAIN MALL IN NY&FLA. POUGHKEEPSIE,NY 12601 **ADMITTED TO PRACTICE (845)452-1046 IN NY&CONN, ***ADMITTED TO PRACTICE NEWBURGH OFFICE IN NY&NJ 299 N.PLANK ROAD,SUITE 106 NE IDURGH4 NY ?550 (845)567-3783 June 4, 2008 Town Board Town of Wappinger 20 Middlebush Road RECEIVED Wappingers Falls, New York 12590 Attention: Christopher J. Colsey, Supervisor JUN -2008 Re: Arlene Drive TOWN CLERK File No. 12951.0957 Dear Chris and Town Board Members: By letter dated January 24, 2008,Town Highway Superintendent, Graham Foster was contacted by attorney, Lino J. Sciarretta of the law firm of Thacher, Proffitt& Wood, LLP, 50 Main Street, White Plains,New York, relative to the Town's apparent ownership of a road known as Arlene Drive. Arlene Drive is located within the apartment complex now known as Village Crest Apartments. The apartment complex was originally developed in 1964 pursuant to a site plan approved by the Town of Wappinger Planning Board. Inexplicably, the developer offered Arlene Drive to the Town as a public highway which was accepted by Town Board Resolution dated April 9, 1964. As a general proposition, apartment complexes are authorized by the Planning Board's approval of a.site plan, as opposed to the approval of a subdivision plat. A site plan generally consists of one parcel, with all internal roads and access ways owned and O: Wappinger\i own BoarcEAriene Drive Abandonment1060408 tetter to Town Board.doc maintained by the property owner. The acceptance of Arlene Drive, in my opinion was a mistake, a complete aberration of Town practices and a misapplication of Town zoning requirements. Graham Foster, Town Highway Superintendent concurs with my opinion. A review of the Town Assessor's records reveals that as far back as 1971, Arlene Drive has been assessed to the record owner of the apartment complex, and, real estate taxes have been continuously paid by the various apartment complex owners since that time. Although there is no transfer from the Town of Wappinger back to the original complex owners, there have been two transfers of Arlene Drive by subsequent apartment complex owners to new owners. As part of the research into the history of Arlene Drive, Loretta Brunello, the Town's Deputy Assessor, had contacted Lora Madeira of the Dutchess County Real Property Tax Department. Ms. Madeira revealed that the Dutchess County Tax Department's records contained a hand written notation that the Town had disclaimed ownership of Arlene Drive. This disclaimer of ownership by the Town is consistent with the actions of both the Town and the apartment complex since at least 1971. It is unquestioned that the Town of Wappinger Highway Department has not exercised any ownership or maintenance responsibility of Arlene Drive since at least 1990 when Graham Foster assumed the position of Highway Superintendent. Also according to Mr. Foster, his investigation has revealed that the Highway Department has never exercised any ownership or maintenance responsibility of Arlene Drive at any time. In sum, it is my opinion that the acceptance of Arlene Drive as a Town road by the Town Board in 1964, was a mistake and that the road should be re-conveyed back to the apartment complex owners. The Town has never exercised any ownership over the road and its actions confirm that it has disclaimed ownership of this road since at least 1971. Reconfirming title ownership in Arlene Drive to the current apartment complex owner would be consistent with the present and past versions of the Town of Wappinger Zoning Laws and Highway Specifications. As noted, Graham Foster concurs with the opinions I have set forth in this letter. 0:1Wappinger,Town BoardlArlene Drive Abandonment1060408 letter to Town Board.doc I have accordingly prepared a Resolution detailing all of the above circumstances and authorizing a conveyance of this road back to the apartment complex owners. It is my professional judgment that Arlene Drive should be transferred to the current apartment complex owners as quickly as possible. Very truly yours, VERGILIS, STENGER, ROBERTS & DAVIS, LLP ALOdT P. ROBERTS APR/so Enclosure cc: Hon. Graham Foster, Highway Superintendent Hon. John C. Masterson, Town Clerk Loretta Brunello, Deputy Assessor Charles Traver, Acting Director of Dutchess County Department of Public Works Lora Madeira, Dutchess County Real Property Tax Department 0:'�WappingenTown Boar&Ariene Drive Aoandonment1060408 letter to Town Board_doc 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed by A 3plicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME TOWN OF WAPPINGER,DUTCHESS COUNTY Abandonment of Arlene Drive 3. PROJECT LOCATION: Municipality TOWN OF WAPPINGER County DUTCHESS COUNTY 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Arlene Drive,Town of Wappinger,Dutchess County Tax Grid No. 135689-6259-02-583857 5. PROPOSED ACTION IS: ❑] New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Abandonment of Road that was conveyed to Town of Wappinger by deed dated April 9, 1964,and recorded in the Dutchess County Clerk's Office at Liber 1127 Page 287 on May 8, 1964. Said road was never maintained,kept or used as a Town Road. Said property is to be abandoned to HP Coolidge Maloney Road,LLC. 7. AMOUNT OF LAND AFFECTED: Inibally 0-82 acres Ultimately 0.82 acres 5. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑✓ Residential 1:1 Industrial ❑Commercial Agriculture [j ParkIForestlOpen Space E] Other Describe: The Road services a multifamily residential development. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ❑Yes ❑✓ No If Yes,list agency(s)name and permiVapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes Wf No If Yes,list agency(s)name and permiUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑ Yes ❑✓ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: Town of Wappinger Date: June 9,2008 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 E;<ls PART II - IMPACT ASSESSMENT To be completed by Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes,coordinate the review process and use the FULL EAF. ❑Yes Z No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: None C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: None C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: None C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: None C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly:. None C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: None C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? ❑ Yes Fv� No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes 0 No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting (i.e. urban or rural); (b) probability of occurring; (c)duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part Il was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Town of Wappinger,Town Board June 9,2008 Name of Lead Agency Date Christopher Colsey Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) �eglgp��8:9".dljlei o1e9�8�e9g e€R g. OCTOBER 8, 1963 DAICHAIS',L RASH 1AALONrEff ROAD MILNE MOH APARTMENTS Beg inrilng at a point in the, ncrtherly line of Makvtsy Road, the said pointbeing the southvivestkil%ly corj),er of the heredn danceibed parcel and, being, S 7,2e, 00;1 30" ]`�� 36.54' 'grom the southsasterl,,y corner of 1,'ands now or fo�,werly of Odegaard; ,w-nice along On,,, nozlJlerly Hyle of Madoney, M thefolkyw1mg co'oimsms zmd dietanoes S 72,2 000 3 0 11 E S.9 6 , S 7 01, 571 3 0 11 E 91 .21 1- awnm along the sly lir),rj cg a proposed shrest 50' In widtli, the Following courses and distances ,eilong a curve to the right ,saving a Y'FWk�as of 25' a s° nm of 42,021, N 250 201 E 620 .09, along a c',urve to tkzs left hemving a radlus of 501 a distance of 104.721, N 25n 20, E 7.00, 'mmn'-a 0'r, ].ess to point In the tovm UnA simpz,2RAing the towns o,'F IzAC;Traage amd "WappkAager,.3; ience n? ) s S the ,,,,aid taymn .11ne, N 641, 53, 30,', vv 50, mo - oy .e , ; tlmanc the we,-,,Gte.,rIy limn of th".G Sa'Jid proposed, thm folio-wing cavwses r,u,7.d dip,tanrue� S 251, 201 W 6' mom,,, otr lass �,� ong a to thgo left kiaving & radius of 500 a of 104.x'2' S 250 20' 'W 631 281 along m) murv( to the Y&,.Ight having a r, dius, of 25' a distmmnce,�; af 36.071 to the point or pjar.-e of OCTOBER 8, 1963 MICHIUL BLM13H IVMLONEY ROAD - ARLENr BASH APARTNUNTS Beginn-Ing at Poilyt, In the, ricwtherly 11ne of M0,110ney Road, the sald point being the southl�arestarly- corner of the, hemIn deecxdbed parcel and being, 8 720 001 301, E' 36.541 from the southeasterly Comer of lands rwwmy or fonnerly of oldra-gaardo- then cee to the northerly Hne of Maloney Rd. !i's follolvAn.9cmurses and distanoss S 720 001 301, E 8.961, S 701b 571 30" E 91 .211; then oe along the easterly line of a proposed atxeet 501 in width, the tollowing courses and dismices along a curve to t,h,e right having a raftus d 261, a distance of 42.021, N 250 201 E 620.09' along a curve to the left having a riadiu s of 501 a di stance of 104.72@" N 250 2 " E 7.001 more or less to a point In the town line sePa"ati-119 the t0s of LaGrange and 1ATappingers, t1hence alonqj the said town llne,, N 641, 53' 30" W 50' more or less; Whence along tkw westerly line of tho said ,,xroptreet" the following cota-ses and distzences- S 25,D 20, W 6' moxv cxtess along a mmmeto the, left having a radius of 501 a distanm of,' 104.721, 8 25,11 20' W 631 .28'' along a mv!rvro to the M,ght having a x-adbl,�,,s of 251 a distancri of 36.07' to the of oy, place of begizining., { amu~ in45s GL 2,W23-7 49 MARKET STREET a POUGI-AKEEPSIE , N. Y, April 9 , 1904 Town 3oard , of "jrappi.r.ge.-Y.-s Wappingers Falls , New York Pursuant to your request we herewith deposit with you our check drawn on the Dutchess Bank & Trust Co. , Poughkeepsie N .Y. bearing 1440 in the sum of $900.- as a wu d for a maintenance bond to be held by you for a period of one year from the date of the acceptance tz:N.nc by you of Arlene Road as e t fortn on map #3090 f Bash Apartments rtme:"M"d.'8✓s ,d n the Town of Nipp_k.ngers , as a town road. It is understood Qat the undersigned may substitute , at any time , aur maintenance bond from an approved company suitable .bl to and approved y your Town attorney. This bond is given for the purpose of assuring repairs to Arlene Road in the event of any structural failure thereof during the said one year period , if the said repairs are not wad by the undersigned.ed w';°Y'he3 "eCti!aeYsted to do so by the Town Board. It is of course understood tKat any damages caused to .rlene "Oad as a result of plowing operations by tie Town n o Wapp- ingers wouldand exspense . We appreciate your a d x:1.si r"?S in writing Of Y o Q acceptance :x Arlene Road an the e �:ate thereof. Very truly yours , �9,ash Apartinents Corp,. r/ L i c..:I al l E, Bash, a e `id .Lt I .ADAMA DEVELOPMENT CORK .__ N,4 9Nom°' AVE. APARTMENTS G AC.„. "”' SA^.a`Y-p APARTMENTS CORP. THE SA,BC-T:A C.'4:..)N�';"7"F"UC:;:TEON CORP. April 10th, 1964 Bash Apartments Corp. , 49 Market Street, Poughkeepsie, N. Y. Gentlemen: This is to advice that the Town Board of the Town of Wappinger at its regular meeting held on Thursday evening, April 9, 1964, accepted Arlene Road as a public Road, subject to furnishing a proiler t executed release from the lien on an ex- isting mortgage. This will also ackpowledge receipt of a cert- lid check for $900.guarantee1ng that the mead conforms tris plicable Town Specifications for the period of one year (I yr) from its acceptance. Very truly yours, HLT Town Clerk May 5th, 1964 Robert J, Strong, c/o National State Bank of Newar'k '722 Nye Avenue, Irvington, Gentlmmen.- At the Town Board ineeting of the Town of Wappinger, held on Thursday evening, April 9, 1964, a resolution was passed accepting Arlene- Road, owned by the Bash Apartments, as a Town Road, bubject to conditions of t1i,eir furnishing a propert executed release from the 34,j. � an c-..,xisting mortgage. This road was accepted after a report from the Town Engineer that the road ,Was 0, K. Very truly yours, HLT Town Clerk t TOWN OF WAPPINGER SUPERINTENDENT SUPERVISOR GRAHAM FOSTER \ CHRISTOPHER J, COLSEY 4 1 TOWN COUNCIL V WILLIAM H. BEALE �\ a VINCENT BETTINA': MAUREEN McCARTHY H(aHWAY DEPARTMENT JOSEPH P. PAOLONI 10 Highway Drive WAPPINGER,S FALLS, NY"12590 (845)297-9451 o AX: (846)298-0524 FEBRUARY 6, 2908 RECEIVED EC .pun FER i2008 TO: TOWN BOARD OWN (;J CC: AL ROBERTS FROM: GRAHAM FOSTER SUBJECT: ARLENE ROAD It has come to my attention that'the'above road, which is in the Scenic Gardens apartment complex off Maloney Rlo6d, was deeded,to the Town in 1964. This road has not been used or maintained by the Town since 1999, when I took office. To the best of my knowledge, prior to 1990, it was never used or maintained by the Town. Arlene Roar) has been treated as a private road with on street parking and no effective cul-de-sac to turn around in. The road,is Currently in a state of disrepair and in need of re-surfacing. This problem has come to my attention because the property, has recently been sold and the buyer and seller have asked the Town to formally abandon the road to them. This road is of no value to our overall Town residents. It should remain private and part of the apartment complex. We should honor this request. W W 4 rK-') W to 0 W 'r, 0 Vj H w 7 C74Z, 4-2 4vz a) Ed 0) 0 011 :>i p tq C Id W) 01 14 tJ 02 TjJ 0 19 11 X) El 91 21 wt 'd rd V4 j C) ID C3 �4 DoA0)g ri rc) 4-D 0 W4 (D 94 sl 5, 0 01 V A 41 G 0 0 W rC) 4-:) !;" 4) kl FA X1 r4 co P E "v " W El ml N K3 Al W 0 co X"' 01 co T, 4-1 0 0) Ed 0 QD 44 E! 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