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Briar Lane Drainage -Cr JA/V 2 ELAINE 8 s NO; J-6 m"A 4 d, L C 14 I Pq JAMES A. K L E I N, i n c . - Builders 188 OLD HOPFWELL ROAD WAPPINGERS FALLS, N. Y, 12590 Phone 19441 297-4383-84 December 149 1 ?84 Frank: Versace , Supervisor Town of Wapp i nger _. Town Board Mi 11 Street Wappingers Falls. , NY 12590 Re : Drainage Swale - Briar Lane Dear Mr . Versace : With reference to the above drainage =_wale , I met with the Town Engineer and the Highway 'Superintendent this past Spring and agreed with them to i ns.ta1 1 a drainage s.wal e on the South side of Briar Lane . I requested from the homeowner (Mrs . Pam) a letter giving us permission to enter the property to do this work , whist-, I did not receive . About two ( 2) months agcy the Council person for that Ward called me with reference to the sale and I .again stated that before I could do any work I needed the homeowner ' s consent to enter the property . As of this date I. still have not received a letter of consent . I would be more than happy to do this work . However , I will not enter private property without permission of the homeowner . If you wou d like to discuss this matter further with me , JES tart me . yours, P•1 , INC . lein CLC,; � �� JAMES A. KLEIN, inc,, Ob Builders H'1'8 OLD fl,)PEVVEHL R(,)AD '° 'YVA 1; P I lE RS F A 1,L S, N,1 Y 1.25 9 N-)cmc� (9140 "397-43'33 84 March 27, 1985 PzsckV4��J) 1 1905 Town of Wappingers Town Clerk' s office Mill Street P.O. Box 324 Wappingers Falls, New York 12590 Attn : Elaine H. Snowden Re : Consent from Pans For Briar Lane Drainage Dear Mrs. Snowden : With reference to your letter of March 19th concerning the work to b done on the Pan property, we will start this work as soon a the weather permits. With any luck we should have it comple ed by the end of May. If you h e any questions please contact me. Very tr y y urs, JAMES N, INC. J,-4 . Klein "KIT< vd C, a^ A40RRIS & ANDROS ENGINEERING CONSULTANTS 367 Violet Avenue, Poughkeepsie, New York 12601 914454-3411 12 Fair Street, Carmel, New York 10512 914225-9353 December 4, 1984 Councilwoman Ballard and Town Board Town of Wappinger Town Hall Mill Street P.C . Box 324 Wappingers Falls, NY 12590 r- Re: Briar Lane Drainage Concern Town of Wappinger W #291A & 291E Dear Members of the Board: This report is provided, as requested by Councilwoman Ballard, with regard to a drainage concern in the: Klein/Alexander Subdivisions, Sections 1 and 2 along All Angels Hill Road, known as Briar Lane. The first portion of the drainage concern involves an existing County culvert pipe (under All Angels) which discharges onto property on the west side of All Angels Hill Road. The runoff flows north along lots 1 and 4 (K & A Section 1) and is collected in the road pping .system. In flowing west, the runoff has eroded several portions of land on or adjacent to lots #1 (Pan property) and A. During a site meeting with the Highway Superintendent and the original site developer, Mr. .Tames Klein, the fallowing was requested by the undersigned. We requested that Mr. Klein have his contractor regrade the swale from the :southerly bend in the swale (at the approximate midpoint of lot 1) in a northerly direction to improve the gradient to the infall pipe. A "V" shaped ditch would be constructed by a small bulldozer. The ditch would then be rip--rapped (stone) for a 20 foot length at its southerly bend and a 30 foot length at its entrance with the existing inflow pipe end section. The newly shaped ditch would then be seeded and mulched. This work was to have been constructed in July 1984. However, please note that no work has been accomplished at this site as of the writing of this letter. M. 4 Councilwoman Ballard and Town Board December 4, 1984 Page 2 Re: Briar Lane Drainage Concern W #291A & 291B Mr. Klein's interest was to receive a written release from Mr. & Mrs. Pan before entering their lot. We understand this has not yet been furnished. The second concern existed at the cul-de-sac of Briar Lane in the Klein/Alexander Subdivision Section 2 on lot 8 (owned by Sherman). The Shermans stated that the stream appeared to be located in a closer proximity to their house and, therefore, flooded much closer to their house than that shown on the filed map #6487. Based on field conditions, the flooding which appeared to occur did in fact appear to be closer to the dwelling. However, in checking the background of this site, it appeared that the Shermans hired their own contractor (purportedly Mr. R. Gardner, according to Mr. ,Klein) to excavate and clear on their own lot sometime during the summer of 1983. Apparently, the contractor removed soil from the westerly portion of the Sherman yard and pushed the material further west toward and near the stream. The contractor's regrading effectively lowered the grade (elevation) in this area thus allowing the flood plain limits to increase to the east or closer toward the Sherman house. Based on the information obtained and presented herein, we asked Mr. J. Klein to improve the situation on lot 1 (Pan) . Also, based on the information gathered, we did not ask Mr. Klein for any improvements in regard -to the lot 8 (Sherman) problem which seemed rather to be caused by their own contractor. Please do not hesitate to call should you. require any additional information in this matter. Very truly yours, ORR1S & ANDROS ' ---- -- -- - --- - -- Ronald M. Evange ista- - Assistant Engineer to the Town RME/dc cc: Kenneth Croshier .1 Ate. ! G f �m ZMa iV+ -I� "d Wd ri g° 1 ETV YORK BOARD OF TITLE UNDERWRITERS wf"{"ORM 100E 33 004 07 15536 r CHICAGO, TITLE INSURANCE COMPANY a ra; II �f in consideration of the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all lass or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of unmaretability of the title of the insured to or in the premises, or by reason, #�y of liens or encumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, or by reason of a lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth in Schedule 13, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. Vv ta. In Witness Whereof, CHICAGO GO TI"IL INSURANCE COMPANY has caused this policy to � be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid ' when countersigned by an authorized signatory. r Issued by;° cnit;AGO TITLE INSURANCE COMPANY FELDMAN-JACOBSON ABSTRACT CORP'. 94 Market Street Poughkeepsie, New York 12.601 "Pi (914) 454-1.171 ., P ATTl�,51 President, p� :,- Secretary. aW' Pt� . `r.....k'6 r' `' ''wx...,..Jan d..,..aadP N.Y' . T.U. FORM JAN 26 19 t Z OFFICE FILE NUMBER 3 POi.,ICY NVMBER 4 OATS OF POt,ICY AMOUNT OF INSURANCE Fee K1--Yll--04"34 33 M4. 07 15536 DeCember 11. OFFICE FI NNUMBER POLICY NV MBER PATE OF POL7CY Loan AMOUNT OF INSVRRNCE , . Name of Insured: , ImoOr bTApFI ;VA The estate or interest insured by this policy is M SIMPLE vested in the insured by means of i= aaslede by JAM' A, XLEfR DAVID ALAE to the Umured here fisted Docomber 17s 1983, jWmkalMD e 0*10 'bar.AAKU A. 1CI.I U axed DAVID ALEXAOM to the lmmratd baroin dated esr�t ler' 171, 1983, Parcel, 1`.L mtt 17, 383,983, Parcel ���b7 cel . A. 1UIS aW AVID A�t�ER tit ttke 10sured baral iA Baited mbar I7 . SCHEDULE A The premises in which the insured has the estate or interest covered by this po.Iicy is described on the description sheet annexed. SCHEDULE B The following estates, interests, defects, objections to title, liens; and 4. Judgments against the insured or estates, interests, defects, objections, incumbrances arid'other matters°are excepted from the coverage of this liens or incumbrances created, suffered, assumed or agreed to by or with h policy. the privily of the insured. of this policy,except as herein providad. 1. Defects and. incumbrances ro arising or becoming a iiem after file en 5. Title to any property beyond the lines of the premises,or title to areas within.or rights or easements in any abutting streets,roads,avenues,lanes, 7. Consequences of file exercise acid enforcement of attempted enforce- ways or waterways, or the right to maintain therein vaults,tunnels,ramps ment of any governmental, war or pe)lice powers over the premises, of any other structure or improvement, unless this .policy specifically 3. Any laws, regulations or ordinances provides that such titles, rights, or easements are insured. Notwithstanding zoning, building, and environmental proteetinr )aq t, but not limited to anv provisions in this paragraph tothecontrary, this polity; unless other- g. ' n)as to the use,occupan=Y. wise excepted, insures the ordinary rights of access and egress belonging subdivision or improvement of the premises adopted or imposed by any to abutting owners. governmental body, or the effect of any noncompliance with or any violation thereof. 6. Title to any personal property,whether the same be attached_to or used Aat]I' st i in connection with said premises or otherwise. ?. Of facto, as alctato survey N&y ems. 8. 31te sect I attifoa, d i+e edt Or licul dAr ea of the prtaubtete described in "Iscbedisle e are allot tOao,*d 9. Sate* on filed map i 'i Countersigned NOTE: ATTACHED HERETO 4 ADDED PAGES. - Authorized Signatory FORM 3265 l i ATTORNEY'S COPY A E O�, � rx �< r:€ ,_: �wx. 1 2 3 4 OFFICE FILE NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE Fee 81-10-040034 33 004 07 15536 December 17, 1983 $5,000,00 OFFICE FILE NUMBER POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE Loan Name of Insured: TOWN OF WAPPINGER The estate or interest insured by this policy is FEE SIMPLE vested in the insured by means of DEED made by JAMES A. KLEIN and DAVID ALEXANDER to the insured herein dated December 17, 1983, Parcel I and DEED made by JAMES A. KLEIN and DAVID ALEXANDER to the insured herein dated December 17, 1983, Parcel. II and DEED made by ,TAMES A. KLEIN and DAVID ALEXANDER to the insured herein dated December 17, 1983,, Parcel III. SCHEDULE A The premises in which the insured has the estate or interest covered by this policy is described on the description street annexed. SCHEDULE B The following estates, interests, defects, objections to title, liens, and 4. .Judgrnents against the insured or estates, interests, defects, objections, incumbrances and other matters are excepted from the coverage of this liens or incumbrances.created, suffered, assumed or agreed to by or with policy.. the privity of the insured: I. Defects and incumbrances arising or becoming a lien after the date 5. Title to any property beyond the lines of the premises,br title to areas of this policy,except as herein provided. within or rights or easements in any abutting streets,roads,avenues,lanes, 2. Consequences of the exercise and enforcement or attempted enforce_ ways or waterways, or the right to maintain therein vaults, tunnels,ramps ment of any governmental, war or police powers over the premises. or any other structure or improvement, unless this policy specifically provides that such titles., rights, or easements are insured.Notwithstanding 3. Any laws, regulations or ordinances {including, but not limited to any provisions in this paragraph to the contrary, this policy, unless other- zoningbuilding, and environmental—protection) as to the use,occupancy, wise excepted, insures the ordinary rights of access and egress belonging subdivision or improvement of' the premises adopted or imposed by any to abutting owners. governmental body, or the effect of any noncompliance with or any violation thereof. 6. Title to any personal property,whether the salve be attached to or used in connection with said premises or otherwise. 7. Any state of facts an accurate survey may show. 8. The exact location, dimensions or boundaries of the premises described in "Schedule A" are not insured. 9. Notes on filed map. Countersi NOTE, ATTACHED HERETO 4 ADDED PAGES. Au rued tonatory FORM 3265 CHICAGO TITLE TN SURANCE COMPANY F-1.0449 SCHEDULE A — Description TITLE NO, 81--10-040034 PARCEL I: ALL THAT CERTAIN PLOT, PIECE OR PARCEL of land, situate, 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 on the Westerly .lime of All Angels Road, said point being distant North 17' 22' 10" West 123.40 feet from the intersection of the Westerly line of said All Angels Road with the Northerly line of lands of now or formerly Joseph H. Rinck and running thence along the Southerly and Southwesterly line of a proposed road to be known as Briar Lane, over and through lands of J. Klein & D. Alexander, the grantors herein, the following: on a curve convex to the North having a radius of 25.00 feet and a length Westerly 39.27 feet to a point; thence South 720 37' 50" West 54.39 feet to .a point; ` thence on a curve convex to the Northwest having a radius of 165.00 .feet and a length Southwesterly 93.91 feet Co a point; thence South 40° 00' 00" West 156.85 feet to a point; thence on a curve convex to the Southeast having a radius of 245.62 feet and a length Southwesterly 139.32 feet to a point; thence South 72' 30' 00" West 277.66 feet to a point; thence on a curve convex to the South having a radius of 250.00 feet and a length Westerly 194.17 feet to a point; thence North.63' 00' 00" West 160.12 feet to a point.; thence on a curve convex to the Southwest having a radius of 250.00 feet and a length Northwesterly 205.08 feet to a point; thence North 16' 00' 00" West 625.00 feet to a point; thence leaving said line and crossing said Briar Lane, North 28' 59' 20" East 70.71 feet to a point on the Northeasterly line of said Briar Lane; thence leaving said line and running along the Northeasterly and Northerly lines of said Briar Lane, still over and through lands of J. Klein and D. Alexander, the grantors herein, the following: South 160 00' 00" East 675.00 feet to a point; thence on a curve convex to the Southwest having a radius of 200.00 feet and a length Southeasterly 164.06 feet to a point; thence South 63' 00' 00" East 160.12 feet to a point; thenceon a curve convex to the South having a radius of 200.00 feet and a length Easterly 155.39 feet to a point; thence North 72' 30' 00" East 277.66 feet to a point; thence on a curve convex to the Southeast El DESCRIPTION ` CHICAGO TITLE INSURANCE COMPANY F-1.4449 SCHEDULE A -- Description TITLE NO. 81--10-040034 having a radius of 195.62 feet and a length Northeasterly 110.96 feet to a point; thence North 40° 00' 00" East 156.85 feet .to a point; thence on a curve convex to the Northwest having a radius of 215.00 feet and a length Northeasterly 122.44 feet to a point; . thence North 720 37' 50"East 54.39 feet to a point; thence on a curve convex to the East having a radius of 25.00 feet and a length Northerly 39.27 feet to a point on the Westerly line of aforesaid All Angels Road; thence leaving said line and running along the Westerly Line of said All Angles Road, South 17° 22' 10" East 100.00 feet to the point of beginning. THE above described parcel is designated as "Briar Lane" on a map entitled "Subdivision Plat " Section I, Klein & Alexander" PARCEL II: ALL THAT CERTAIN PLOT, PIECE OR PARCEL of land, situate, 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; said point being distant South 72° 30' 00" West 301.26 feet from the intersection of the Westerly line of All Angels Road with the Southerly line of lands of now or formerly Stephen Turner, said point being the Southwest corner of land now or formerly said Stephen Turner and running thence over and through lands of J. Klein and. D. Alexander, the grantors herein, the following: South 70° 23' 15" West 455.82 feet to a point; thence North 17° 30' 00"West 156.00 feet to a point; thence South 740 00' 00" West 315.91 feet to a point; thence on a curve convex to the Northwest having a radius of 25.00 feet and a length Southwesterly 39.27 feet to a point on the Northwesterly line of a proposed road; thence Leaving said line and running along the Northeasterly line of said proposed road, still over and through lands of aforesaid J. Klein and D. Alexander, North 160 00' 06'1---West 572.50 feet to a point; thence leaving said 1ine. and running still over and through lands of said J. Klein and D. Alexander, North 55° 20' 00" East 591.87 feet to a point on the Southwesterly line of lands of now or formerly Rodney Sung; thence leaving said line and running along the Southwesterly and Southeasterly lines of lands s -DESCRIPTION v� CHICAGO TITLE INSURANCE:COMPANY F-10449 SCHEDULE A — Description TITLE No. 81-10-040034 of now or formerly said. Rodney Sung, the following: South 31' 49' 40" East 225.30 feet to a point; thence North 6.1° 05' 10" East 163.95 feet to a point; thence leaving said line. and running along the Westerly lines of lands of now or formerly Nickolas Ukriss, lands of now. or formerly Otto Klassen, lands of now or formerly Ronald L. Pritchard and along the Westerly line of lands of now or formerly afore- said Stephen Turner, South 170 30' 00" East 684.27 feet to the point of beginning. THE above described parcel is designated as "Area• = 12.707 Acres." on a map entitled "Subdivision Plat Section I, Klein & Alexander" PARCEL III: ALL THAT CERTAIN PLOT, PIECE OR PARCEL of land, situate, 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 on the Westerly line of lands of now or formerly J. Klein and D. Alexander, said point being the Northeast corner of lands of Robert M. Diesing and running thence along the Northwesterly line of lands of Said Robert M. Diesing, the following: South 66° 21' 30" West .55.16 feet to a point; thence South 590 45' 40" West 320.95 feet to a point; thence leaving said line and running along lands of Rodney. Sung, the following: North 23° 20' 10" West 446.98 feet to a point; thence North 51° 40' 30" East 219.51 feet to a point; thence leaving said line and running over and through lands of J. Klein. and D. Alexander, the grantors herein, the following: South 50° 40' 00" East 320.59 feet to a point:; thence North. 55° 20' 00" East 450.00 feet to. a point; thence leaving said line and running along the Southwesterly line of a proposed road, still over and through lands of said J. Klein and D. Alexander, South 16° 00' 00" East 597.50 feet to a point; thence leaving said line and running still over and through lands of said J. Klein and D. Alexander, South 47° 00'- 00" West 427.24 feet to a point on the Easterly line of lands of aforesaid Robert M. Diesing; thence along the Easterly line of lands of said Robert M. Diesing, North 17° 00' 10" West 470.76 feet to the. point of beginning. $ DESCRIPTION CH AGO TITLE INSURANCE COMPANY F-10449 SCHEDULE A — Description TIM NO. 81-10-040034 The above described parcel is designated as "Area = 9.057 Acres" on a map entitled "Subdivision Plat - Section I, Klein and Alexander" $ DESCRIPTION CONDITIONS OF' THIS POLICY 1. Definitions lender and it shall have been finally determined that the rejection (a) Wherever the term "insured" is used in this policy it of the title was justified because of a defect or encumbrance not includes those who succeed to the intet'est of the insured by opera- excepted in this policy. tion of law including,without limitation,heirs,distributees,devisees, (f) Where the insured shall have transferred the title insured survivors, personal representatives, next of kin or corporate suc- by an instrument containing covenants in regard to title or warranty cessors, as the case may be, .and those to whom the insured has thereof and there shall have been a final determination on any of assigned this policy where such assignment is permitted by the, such covenants or warranty, against the insured, because of a defect terms hereof, and whenever the term "insured" is used in the con- or encumbrance not excepted in this policy. ditions of this policy it also includes the attorneys and agents of (g) Where the insured estate or interest or a part thereof has the "insured." been taken by condemnation and it has been finally determined that (b) Wherever the term "this company" is used in this policy the insured is not entitled to a full award for the estate or interest it means Chicago Title Insurance Company. taken because of a defect or encumbrance not excepted in this policy. (c) Wherever the term "final determination" or "finally deter- No claim for damages shall arise or be maintainable under this mined" is used in this policy, it means the final determination of policy (1) if this company, after having received notice of an a court of competent jurisdiction after disposition of all appeals or alleged defect or encumbrance, removes such defect or encumbrance after the time to appeal has expired. within thirty days after receipt of such notice; or (2) for liability (d) Wherever the term "the premises" is used in this policy, voluntarily assumed by the insured in settling any claim or suit it means the .property insured herein as described in Schedule A without the written consent of this company. of this policy, including such buildings and improvements thereon 4. Notice of Claim which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, In case a purchaser or proposed mortgage lender raises any unless otherwise indicated, recorded in the office of the recording question as to the sufficiency of the title hereby insured, or in case officer of the county in which property insured herein lies. actual knowledge shall come to the insured of any claim adverse to the title insured hereby, or in case of the service on or receipt 2. Defense and Prosaeutlon of suits by the insured of any paper, or of any notice, summons, process of pleading in any action or proceeding, the object or effect of (a) .This company will, at its own cost, defend the insured in all which shall or may be to impugn, attack or call in question the actions or proceedings founded on a claim of title or encumbrances validity of the title hereby insured, the insured shall promptly not excepted in this policy. notify this company thereof in writing at its New York office and (b) This company shall have the right and may, at its own cost, forward to this company such paper or such notice, summons, maintain or defend any action or proceeding relating to the title process or pleading. Delay in giving this notice and delay in for- or interest hereby insured, or upon or under any conversant or warding such paper or such notice, summons, process or pleading contract relating thereto which it considers desirable to prevent or shall not affect this company's liability if such failure has not reduce loss hereunder. prejudiced and cannot in the future prejudice this company. (c) In all cases where this policy requires or permits this com- pany to prosecute or defend, the insured shall secure to it the right S. Payment of toss and opportunity to maintain or defend the action or proceeding, (a) This company will pay, in addition to the loss, all statutory and all appeals from any determination therein, and give it all costs and allowances imposed on the insuredin litigation carried reasonable aid therein, and hereby permits it to use therein, at its on by this company for the insured under the terms of this policy. option, its own name or the name of the insured. This company shall not be liable for and will not pay the fees of (d) The provisions of this section shall survive payment by any counsel or attorney employed by the insured. this company of any specific loss or payment of the entire amount (b) In every case where claim is made for loss or damage this of this policy to the extent that this company shall deem it neces- company (1) reserves the right to settle, at its own cost, any claim sary in recovering the loss from those who may be liable therefor or suit which may involve liability under this policy; or (2) may to the insured or to this company. terminate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, s. cases where Liability Arises demand a valuation of the insured estate or interest, to be made No claim for damages shall arise or be maintainable under this by three arbitrators or any two of them, one to be chosen by the policy except in the following_cases:__ insured and one by this company, and the two thus chosen selecting an umpire. Such valuation, less the amount of any encumbrances on (a) Where there has been a final determination under which said insured estate and interest not hereby insured against, shall be the insured may be dispossessed, evicted or ejected from the prem- the extent of this company's liability for such claim and no right iscs or from some part or undivided share or interest therein. of action shall accrue hereunder for the recovery thereof until (b) Where there has been a final determination adverse to the thirty days after notice of such valuation shall have been served title upon a lien or encumbrance not excepted in this policy. upon this company, and the insured shall have tendered a con- (c) Where the insured shall have contracted in good faith in veyance or assignment of the insured estate or interest to this writing to sell the insured estate or interest, or where the insured company or its designee at such valuation, diminished as aforesaid. estate has been sold for the benefit of the insured pursuant to the The foregoing option to fix a valuation by arbitration shall not judgment or order of a court and the title has been rejected because apply to a policy insuring a mortgage or leasehold interest. of a defect or encumbrance not excepted in this policy and there (c) Liability to any collateral holder of this policy shall not has been a final determination sustaining the objection to the title. exceed the amount of the pecuniary interest of such collateral (d) Where the insurance is upon the interest of a mortgagee and holder in the premises. the mortgage has been adjudged by a final determination to be (d) All payments made by this company under this policy shall invalid or ineffectual to charge the insured's estate or interest in reduce the amount hereof pro tanto except (1) payments made for the premises,or subject to a prior lien or encumbrance not excepted counsel fees and disbursements in defending or prosecuting actions in this policy; or where a recording officer has refused to accept or proceedings in behalf of the insured and for statutory costs and from the insured a satisfaction of the insured mortgage and there allowances imposed on the insured in such actions and proceedings, has been a final determination sustaining the refusal because of a and (2) if the insured is a mortgagee, payments made to satisfy or defect in the title to the said mortgage. subordinate prior liens or encumbrances not set forth in Schedule B. (e) Where the insured shall have negotiated a loan to be made (e) When liability has been definitely fixed in accordance with on the security of a mortgage on the insured's estate or interest in the conditions of this policy, the loss or damage shall be payable the premises and the title shall have been rejected by the proposed within thirty days thereafter. Form 3329 CONDITIONS (Continued on Reverse Side) CONDITIONS P THIS POLICY (CONTINUED) 6. Co-insurance and, Apportionment intendent of Insurance of the State of New Fork on behalf of this (a) In the event that a partial loss occurs after the insured of other member companies for continuation of liability to grantees of the insured in certain. specific circumstances only. In no circum- makes an improvement subsequent to the date of this policy, and stance provided for in this section shall this company be deemed to only in that event, the insured becomes a co-insurer to the extent have insured the sufficiency of the form of the assignment or other hereinafter set forth. instrument of transfer or conveyance or to have assumed any lia- If the cost of the improvement exceeds twenty per centum of bility for the sufficiency of any proceedings after date of this policy. the amount of this policy, such proportion only of any partial loss established shall be borne by the company as one hundred twenty a. Subragatton per centum of the amount of this policy bears to the sum of the a This company shall to the extent of payment b it of amount of this policy and the amount expended for the improve® p any p y y loss under this policy, be subrogated all rights of the insured with ment. The foregoing provisions shall not apply to costs and attor- neys' fees incurred by the company in prosecuting or, providing respect thereto. The insured shall execute such instruments as may for the defense of actions or proceedings in behalf of the insured be requested to transfer such rights to this company. The rights e pursuant to the terms of this policy or to costs imposed on the transferred shall be subordinate to any remaining interest of the insured in such actions or proceedings, and shall apply only to that insured. portion of losses which exceed in the aggregate ten per cent of (b) If the insured is a mortgagee, this company's right of subro- the face of the policy. gction shall not prevent the insured from releasing the personal liability of the obligor or guarantor or from releasing a portion Provided, however„ that the foregoing co-insurance provisions of the premises from the lien of the mortgage or from increasing shall not apply to any loss arising out of a lien or encumbrance or otherwise modifying the insured mortgage provided such acts for a liquidated amount which existed on the date of this policy do not affect the validity or priority of the lien of the mortgage and was not shown in Schedule and provided further, such co- insured. However, the liability of this company under this policy insurance provisions shall not apply to any loss if, at the time of shall in no event be increased by any such act of the insured, the occurrence of such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the 9. Misrepresentation amount of this policy. Any untrue statement made by the insured with respect to any (b) If the premises are divisible into separate, independent material fact„ or any suppression of or failure to disclose any mate- parcels, and a loss is established affecting one or more but not all rial fact, or any untrue answer by the insured to material inquiries of said parcels, the loss shall be computed and settled on a pro rata before the issuance of this policy shall void this policy. basis as if this policy were divided pro rata as to value of said separate, independent parcels, exclusive of improvements made sub_ qa. No Waiver of Conditions sequent to the date of this policy. (c) Clauses "(a)" and "(b)" of this section apply to mortgage This company may take any appropriate action under the terms policies only after the insured shall have acquired the interest of of this policy whether or not it shall be liable hereunder and shall. the mortgagor. not thereby concede liability or waive any provision of this policy. (d) If, at the time liability for any loss shall have been fixed 11, Policy Entire Contract pursuant to the conditions of this policy„ the insured holds another policy of insurance covering the same loss issued by another comm All actions or proceedings against this company must be based pany, this company shall not be liable to the insured for a greater on the provisions of this policy. Any other action or actions or proportion of the loss than the amount that this policy bears to rights of action that the insured may have or may bring against the whole amount of insurance held by the insured, unless another this company in respect of other services rendered in connection method of apportioning the loss shall have been provided by agree- with the issuance of this policy, shall be deemed to have merged ment between this company and the other insurer or insurers. in and be restricted to its terms and conditions.. 12. Validation and Modification 7., Assignment of Policy This policy is valid only when.. duly signed by a validating officer If the interest insured by this policy is that of mortgagee, this or agent. Changes may be effected only by written endorsement. policy may be assigned to and shall enure to the benefit of succes- If the recording date of the instruments creating the insured inter- sive assignees of the mortgage without consent of this company or est is later than the policy date, such policy shall also cover its endorsement of this policy. Provision is made in the rate manual intervening liens or encumbrances, except real estate taxes, assess- of New York Board of "Title Underwriters filed with the Super- ments,water charges and sewer rents. MCI VIEM�W% MOT!201-8-70 z m Z no 73 C o e � 0 ly e 10 ut °T}691 Standard N.Y.B.T.U.Form$002:Bargain&sale deed, DATE CODE JULIUS BLUMBERG,INC.,LAw BLANK PUBLISHERS with covenant against grantors acts--Ind.or Corp.:single sheet CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the r�day of December nineteen hundred and eighty BETWEEN JAh9ES A. KLEIN residing at Indian Brook Road, Garrison New York and DAVID ALEXANDER residing at Diddell Road, Wappingers Falls New York party of the first part, and TOWN OF WAPPINGER, a municipal corporation having its principal place of business at Mill Street, Wappingers Falls New York party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration 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 party of the second part forever, ALL that certain plot, piece or parcel of land, with—the-bnil ' --and- a ei e>El .t ereca�—e�eoted, situate, lying and being in the Town of Wappinger, County of Dutchess and State of Z)_ New York more particularly bounded and described as follows . Beginning at a point said point being distant South 72-30-00 West 301. 26 feet from the intersection of; the westerly line of All Angels Road with the southerly line of lands of now or formerly - � Stephen Turner, said point being the southwest corner of lands of now or formerly, said Steph(�nTurner and running thence over and { - through lands of J. Klein & D. Alexander, the grantors herein the o following: South 70--23-15 West 455 . 82 feet to a point; thence North 17-30-00 West 156 . 00 feet to a point; thence South 74-00-00 West 315 . 91 feet to a point; thence on a curve convex ''-.o the. - � Northwest having a radius of 25. 00 feet and a length southwesterly r 39 . 27 feet to a point on the northwesterly line of a proposed road; thence leaving said line and running along the Northeasterly line of said proposed road, still over and through lands of aforesaid 0 J. Klein & D. Alexander, North 16-00-00 West 572 .50 feet to a I point; thence leaving said line and running still over and through .0 lands of said J. Klein & D. Alexander, North 55-20-OOEast 591. 87 Ufeet to a point on the southwesterly line of lands of now or formeri� Rodney Sung; thence leaving said line and running along the Southwesterly & Southeasterly lines of lands of now or formerly said Rodney Sung, the following: South 31-49-40 East 225 , 30 feet to a point; thence north 61-05-10 East 163. 95 feet to a point; thence leaving said line and running along the westerly lines of lands of now or formerlysNickolas Ukriss, lands of now or formerly Otto Klassen,lands of ,now or formerly Ronald L. Pritchard and along the Westerly line of 'lands of now or formerly aforesaid Stephen Turner, south 17-30-00 East 684 .27 feet to the point of beginning containing 12. 707 acres of land be the same more :or less . Together with a 50 foot wide right-of-way over a strip of hand to. be Ras pr�ar Lames id right-of--way is bounded and described ** T wit a right, ti a an interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of ** the second part forever. .. as follows : Subject to the rights of Public Utilities of record. `AIV piof�he.first part covenants that the party of the first part liar not done or suffered anything whereby Re prNm"ise have been encumbered in any way whatever, except as aforesaid. ANI)the party of the first part,in compliance with Section 13 of the Lien.La�v,.t ovenants 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 f this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed is dee y and year first above written. IN PRESENCE OF: D.AVIF' NZEMIDE" MR % v- :237 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF '~ DUTCHESS On the 16thday of December 19 8q before me On the I$ day of- i le1e�-�Caie , before me personally came personales came DAVID ALEkANf; JAMES A. KLEIN to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. he executed the same. Notary Public ary P W SCALZO HOTMY PUBLIC,STATE OF NEW YOK NO, 4667999 N��bk�t a�Ywk '00ALIFIED 1N DUTCHESS COU#W R In Deek*wn County COMMISSION EXPIRES MARCH 30,19.' COMM. Expires March 30, 19 JPA STATE OF NEW YORK, COUNTY OF SS.: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ' of that lie knows , the corporation described in and which executed the foregoing instrument; that he to be the individual knows :the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same Time subscribed h name as witness thereto. j5argain anb Galt ;Bteb SECTION �p7 yy ITH COVENANT AGAINST GRANTOR'S ACTS BLOCK 1ITLE NO. LOT JAMES A. KLEIN and COUNTY OR TOWN DAVID ALEXANDER TO TOWN OF WAPPINGER RETURN BY MAIL TO: 0 Zip No. ba o ' C:L;TCHESS C Li i � CLERK'S Ox'.'FICE FRF r U` Q RECEIVED ON THEod_1.".Y OE I9 , REAL AT__3_t�� :� i. PEC�ORDDED IPC STATE � BOOK No:_L6_2CLC . Y611- Ma[-0 W DEC v 1983 m 4 AT PAC-F Ift AND EXAMINED �TR� `.���.�_ TAJCCOUNTY y - > rte" F 4 Aff?dsVT FiTeB $1 q d T 691 standard',1'.Y.B.T.U.Form 8002:Bargain&sale deed, DATE CODE JULIUs BLUMBERG,INc.,LAW BLANK PUBLISHERS with covenant against grantor's acts—Ind.or Corp.:single sheet r, b;- CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the `day of December , nineteen hundred and eighty ( BETWEEN JAMES A. KLEIN residing at Indian Brook Road, Garrison New York, and DAVID ALEXANDER residing at Diddell. Roan., Wappingers Falls New York party of the first part, and TOWN OF WAPPINGER, a municipal corporation having its principal place .of business at Dill Street, Wappingers Falls New York party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars .and other valuable consideration 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 party of the second part forever, ALL that certain plot, piece or par el of land, witlr 4he btltl4irs- - als rr situate, lying and being in the . Town of Wappinger, County Of it h` ess and � V6 of New York more particularly bounded and described as follows : Beginning at a point on the westerly line of land of now or formerly J. Klein & D. Alexander, said point being the northeast corner of lands of Robert M. Diesing and running thence along the Northwesterly line of lands of said Robert ,M. Diesina, the following: South 66--21 30 West 55 , 16 feet to a point; thence south 59-45--40 west 320 . 95 feet to a point; thence leaving said line and running along. lands .of Rodney Sung, the following North 23-20-1.0 West 446. 98 feet -Ito a point; thence North 51-40--30 East 219, 51 feet to a point; thence leaving said line and running over and through lands of J. Klein & D. Alexander the grantors herein, the following: South 50-40- 00 East 320.59 feet to a point; thence North 55-20-00 East 450 . 00 feet to a point; thence leaving said line and running along the southwesterly line of a porposed road, still over and through lands of said J. Klein & D. Alexander, South 16-00-00 East 597, 50 feet to a point; thence leaving said line and running still over and through lands of Said J. Klein and D. Alexander, South 47-00-00 West 427. 24 feet to a point on the easterly line of lands of aforesaid Robert M. Diesing; thence along the easterly line of lands of said Robert M. Diesing, North 17-0010 west 470. 76 feet to the point of beginning containing 9 . 057acres of land be the same more or less. Together with a 50 foot wide right-of-way over a strip of land to be known as Briar Lane, said right-of-way is bounded and described as follows ; Subject to the rights of Public Utilities of record. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. A11fD ._� st part covenants that the party of the first part has not done or suffered anything whereby tlir s'Ild="p ses ave 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 improvem nt and will apply the same first to the payment of the cost of the improvement before using any part of the total the same for any other purpose. The word "party" shall be construed as if it read"parties" whenever the sen of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executey is dee and year first above- written. bovewritten. IN PRESENCE OF: _ �. ci JDAVIIJ . f LEEP 16 , E: 3 24 STATE OF NEW YORK, COUNTY OF DUTCHESS "SS: ST TE OF NEW YORK, COUNTY OF DUTCHESS SS: On the 16th day of December 19 8 0, before me On the rgt" day of 60-eA-' 19 SV , before me personally came JAMES A. KLEIN - 240 personally came DAVID ALEXANDER to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and ac owledged that he executed the same. he executed the same. Notary Publicotary Publid JUNE M. SCALZO n07MY PUBLIC,STATE OF NEW YORK ABRAM"L MOM NO- 4 6799'+ BRa�Pu q� N�IM� OUAi1FI IN DUTCKst COUNTY COMM. ' - -COMF+ttOUN Exp.=S fit CH 30,191.7- 3% nrs Maroh 3 fi�� STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK; COUNTY OF as: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. j8argain anb *ale 30teb SECTION WITH CoVENANT AGAINST GRANToies ACTS BLOCK TITLE NO. LOT JAMES A. KLEIN and COUNTY OR TOWN DAVID ALEXANDER TO TOWN OF WAPPINGER RETURN BY MAIL TO: NZ-K-P - � zip No. [J U V 1 OUTCHESS GO_U,YJ k C1 ERi'V.7TAV�W.ICE o R.ECEIYEt'GIV't"(-i. °u r3 AT REGCR�^i3 [t (l l� �.1 4' t .�...__-"..Q------------ yy; 8CG �`:0.-�4-G�Q�---G'r MEAL ETATIC. q) AT PrG= EXAs,ITNED c-) 70Z I DEC C NJ f CLORK TALC x Di VSS Hca ,M NO d a m -691- Standard N-Y.B=T.ti-Form 8002:Bargain&sav deed, DATE CODE JUl.ius BLUMBERG,INC.,LAW BLAIs;K PVBLISHERS with covenant against grantor's acts—Ind.or Corp single sheet __—_ - CONSULT YOUR LAWYER BEFORE SIGNJNG THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 17 dap of December , nineteen hundred and eighty BETWEEN JAMES A. KLEIN residing at Indian Brook Road, Garrison New York and DAVID ALEXANDER residing at Diddell Road, Wappingers Falls. New York party of the.first part, and TOWN OF WAPPINGER, a municipal corporation having its principal place of business at Mill Street, Wappingers Falls New York party of the second part, WITNESSETH, that the parry of the first part, in consideration of Ten Dollars and other valuable consideration 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 party of the second part forever, ALL that certain plot; piece or parcel of land, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York,.,-more particularly bounded and described as follows : Beginning at a point on the westerly line of All Angels Road, said point being distant North 17-22-10 West 123. 40 feet from the inter- section of the Westerly line of said All Angels Road with the Northerly line of lands of now or formerly Joseph H. Rinck and running thence along the southerly & southwesterly line of a proposed road to be known as Briar Lang, over and through lands of J. Klein & D. Alexander the grantors her4, the following; on a curve convex to the north having a radius df 25 . 00 feet and a length Westerly 39 .27 feet to a point; thence south 72-37--50 west 54. 39 feet to a point; thence on a curve convex to the northwest having a radius of 165 . 00 feet and a length southwesterly 93:: 91 feet to a point; thence south 40-00-00 west 156. 85 feet to a point; thence on a curve convex to the southeast having a radius of 245. 62 feet and a length southwesterly 139 . 32 feet to a point; thence south 72-30-00 West 277 . 66 feet to a point; thence on a curve convex to the south having a radius of 250. 00 feet and a length westerly 194. 17 feet to a point; thence north 63-00-00 est 160. 12 feet to a point; thence on a curve convex to the south- est having a radius of 250 . 00 feet and a length northwesterly 205 . 08 feet to a point; thence North 16-00-00 West 625. 00 feet to a point; thence leaving said line and crossing said Briar Lane, North 28-59-20 East 70 . 71 feet to a point on the northeasterly line of said Briar Lane; thence leaving said line and running along the northeasterly & northerly lines of said Briar Lane,still over and through lands of J. Klein and D. Alexander , the grantors herein, the following: South 6--00-00 East 675.00 feet to a point; thence on a curve convex to the outhwest having a radius of 200. 00 feet and a length southeasterly 64. 06 feet to a point; thence south 63--00-00 East 160 . 12 feet to a oint; thence on a curve convex to the south having a radius of 200. 00 feet and a length easterly 155 . 39 feet to a oi.nt; thence North TOGETHER with all right, title and Interest, if any, of the party o the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. I1]I3# itof. e 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' the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the/scn of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly exec day and year first above- written. bovewritten. 1N PRESENCE OF: } - . 241 MEP1620 `U4241 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF DUTCHESS SS: DUTCRESS On the 16 day of December 19 80 , before me On the t$ day of 19 %9 , before me personally came personally came DAVID ALEXANDER JAMES A. KLEIN to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. he executed the same. Notary Public o ary Pub1i LUNE M. SCALZO NOTARY PUBLIG,STATE OF PIFW YORK ASRAWM L dAli M NO. 466709q N t=lk� 1"Wyak QU,4f IPED IN UUTGIJLsS rMli� M COMMISSION EXH zS'x_R;-,i 3<+ t o Comm. Expires Mwch is-:�-R STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS., On the day of 19 , before me On the day of 19 , before me personally came personally came to me known; who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 35arpin attb dale Meeh SECTION WITH COVENANT AGAINST GRANTOYs ACTS BLOCK T;TLE NQ. I.aT COUNTY OR TOWN JAMES A KLEIN and DAVID ALEXANDER TO ' TOWN OF 'KAPPINGER RETURN BY MAIL TO: ,Zip No. �o 958 ��► •• 0 t O 4Q ti1TCtiES� C C C7 �r q R' C:s - ? :Fir'- tECOR0 rn 103 L-(Qal L� LD 4s �`4Y1, �',es�w ifa—I y � �j.• % ;;�+�: _ {'gig. -G Q6 -: H WF1620 FACE 243 243 t ti b L! W -(A 72-30-00 east 277. 66 feet to a point thence on a curve convex to the southeast having a radius of 195 , 62 feet and a length northeasterly 110. 96 feet to a point; thence north 40-00-00 east 156 . 85 feet to a point; thence on a curve convex .to the northwest having a radius of 215 . 00 feet and a length north-� easterly 122. 44 feet to a point; thence North 72-37-50 east 54. 39 < feet to a point; thence on a curve convex to the east having a radius of 25 . 00 feet and a length Northerly 39 . 27 feet to a point ;l on the westerly line of aforesaid All Angels Road; thence leaving said line and running along the westerly line of said All Angels Road, South 17-22-1-0 1.7 . 00 fee-,,-, t-o' t-he Cf bogimning.