Carnwath-Conservation Easement RESOLUTION NO. 2003-175
RESOLUTION TO AUTHORIZE AN INDENTURE ESTABLISHING
A CONSERVATON EASEMENT
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 23rd
day of June, 2003, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmen - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
ABSENT:
The following Resolution was introduced b)M • Bettina and seconded by
Mr. Colsey
. WHEREAS, in 1998, the Town acquired property then known as the Greystone Estate
and now known as the Carnwath Estate located on Wheeler Hill Road in the Town with frontage
along the Hudson River; and
WHEREAS,the property consists of approximately 99.5 acres of land,portions of which
are improved by a 19th mansion, a dormitory building, a large chapel, a carriage house and other
related buildings and detached structures; and
OAWAPPINGE1Town Board\RESOLUTION\Greystone-Cons Easement.doc
WHEREAS, the Town has made application to the County of Dutchess for a Grant to
defray the cost of the purchase of this property through the Dutchess County Open Space and
Farmland Protection Matching Grant Fund for $280,000; and
WHEREAS, as a precondition to receiving such funds, the Town must impose a certain
Conservation Easement on the use of this property; and
WHEREAS, the Town wishes to exclude from the Conservation Easement
approximately 20 acres surrounding the aforementioned buildings, as more particularly set forth
on a survey map prepared by Paggi,Martin&Del Bene, LLP, dated June 13, 2003, a copy of
which is on file in the Office of the Town Clerk of the Town of Wappinger; and
WHEREAS, the Town wishes to impose the Conservation Easement on a portion of the
Carnwath Estate more particularly described in Exhibit"A" attached hereto and made part
hereof, and
WHEREAS,the Town Board wishes to impose Conservation Easements in the form
required by the County of Dutchess and the Dutchess Land Conservancy, Inc.
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 that it is in the best interest of the citizens of
the Town of Wappinger for the preservation of the natural beauty, scenic views and vistas of the
Carnwath Estate to declare a Conservation Easement over portions of the Estate in the form and
manner required by the County of Dutchess and Dutchess Land Conservancy, Inc. to enable the
Town of Wappinger to obtain a grant from the Dutchess County Open Space and Farmland
Protection Matching Grant Fund.
0AWAPPINGEJown Board\RESOLUTION\Greystone-Cons Easement.doc
3. The Attorney to the Town is hereby directed to draft a Conservation Easement in
the format required by the County of Dutchess and the Dutchess Land Conservancy, Inc. in
substantially the same form as attached hereto marked.,and designated as Exhibit`B" and to
negotiate any changes thereto so as to permit the Town of Wappinger to qualify for grants from
the Dutchess County Open Space and Farmland Protection Matching Grant Fund.
4. The Engineer to the Town is authorized to prepare any necessary maps, surveys,
and legal descriptions depicting the area of Carnwath Estate which will be subject to the
Conservation Easement and to undertake such other work as is necessary to implement the
directives of this Resolution.
S. The Supervisor to the Town is hereby authorized to execute the Conservation
Easement in substantially the same form as attached hereto marked and designated Exhibit`B",
subject to any changes required by the County of Dutchess and the Dutchess Land Conservancy,
Inc. provided such changes meet the consent and approval of the Attorney to the Town.
6. The Supervisor to the Town, the Attorney to the Town and the Engineer to the
Town are further authorized to undertake such acts as are necessary to implement the provisions
of this Resolution and to record the Conservation Easement and any related maps in the Office of
the Dutchess County Clerk as soon as possible.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Aye
ROBERT L. VALDATI, Councilman Voting Ayp.
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLOIVI, Councilman Voting Aye
CHRISTOPHER J. COLSEY, Councilman Voting Aye
O:IWAPPINGEITown BoardIRESOLUTIONIGreystone-Cons Easement.doc
Dated: Wappingers Falls_,New York
June 23, 2003
The Resolution is hereby duly declared adopted.
GLORrA J. MORSE ERK
0AWAPPINGENTown Board1RE50LUTIONIGreystone Cons Easement.doc
Lands of the Town of Wappinger Conservation Easement
76.714±Acre Parcel
Town of Wappinger
Dutchess County,New York
Beginning at a point, said point being distant,North 70° 44' 00"East 172.80 feet and.
North 280 23' 15"West 268.19 feat from the northwesterly corner of Lot No.19 as shown
on a map entitled,"Riverdale Subdivision" on file in the Dutchew County Clerk's Office
as File Map No.5422, said point of beginning also being on the easterly-line of lands now
or formerly Central Hudson Gas&EIectric Corp.,Liber 663,Page 412;thence.leaving
said point of beginning and running along the easterly line of said Central Hudson Gas&
Electric Corp.,North 28"23' 15"West 949.97 feet to a point being at the northeasterly
comer of said Central Hudson Gas&Electric Corp., said point also being on the easterly
line of lands now or formerly Metropolitan Transit Authority; thence leaving said
northeasterly corner and running along the easterly line of said Metropolitan Transit
Authority the following courses and distances;North 350 22' 30"East 58.70 feet and
North 260 29' 15"East 3298 feet,North 520 05' 20"East 334.01 feet,North 400 31' 10"
East 588.09 feet,North 480 09' 50"West 67.02 feet,North 400 31' 40"East 51.15 feet,
North 54" 51' 35"East 44.39 feet,North 41° 13' 20"East 57,00 feet,North 47°31' S0"
East 100.75 feet,North 43° 05' 35"Fast 100.10 feet,North 41013' 00"East 75.00'°feet,
North 320 45' 50"East 25.22 feet,North 400 48' 10"East 100.01 feet,North 31'27 55"
Fast 168.19 feet,North 40° 31' 10"East 100.00 feet on a curve to the left having a radius
of 6,238.00 feet and an arc length of 460.02 feet(cord=North 380 24' 25"East 459.92
feet), South 530 42' 20"Fast 40.00 feet and North 350 35' 10"East 92.15 fed to a point
being at the southwesterly corner of lands now or formerly Kemmia(File Map No.6796);
thence leaving said easterly line of Metropolitan Transit Authority and said southwesterly
comer and running along the southerly line of said Kwnmis, South 60° 53" 40"East
502.42 feet to a point being on the southerly line of other lands of Kemmis, Luer 1231,
Page 202, said point also being on the easterly face of a stonewall fence; thence running
along the southerly live of said Kemmis along said stonewall face, South 190 12' 00"
East 60.00 feet to a point being at the southeasterly corner of said Kemmis, said point
also being on the westerly line of Wheeler Hill Road;thence leaving said southeasterly
comer and mmning along the westerly line of said Wheeler Hill Road, South 19° 12' 00"
East 6.27 feet;thence continuing along the easterly line of said Wheeler 11ill Road, South
19"32' 15"East 15.92 feet to a point being in a stonewall fence; thence continuing along
the westerly line of said Wheeler Dill Road along said stonewall fence, the following
courses and distances; South 190 31' 20"East 217.55 feet, South 170 57' 05"East 63.66
feet, South 190 04' S5"East 53 5.56 feet, South 190 36' 00"East 277.12 feet and South
200 51' 10"East 7.16 feet;thence leaving said stonewall fence and continuing along the
easterly line of said Wheeler MI Road, South 700 26'25"West 10.96 feet, South 200 54'
35"East 476.83 feet and North 70°25' 35"East 10.76 feet to a point being in the
aforementioned stonewall fence; thence continuing along the easterly.line of said
Wheeler Hall Road along said stonewall fence,the following courses and distances; South
190 19' 15"East 157.17 faqZ, South 21°08' 05"East 183.96 feet and South 190 56' 45"
East 60.09 feet to a poiat being at the northeasterly corner of lands now or forzuerly
EXHIBIT A
Vitatc,Liber 1497,Page 798;thence leaving said westerly ling of Wheeler Hill Road and
said northaasterly corm and running along the northerly line of said Vs<ai , South 71'
46'ST West 200.00 feet to a point being at the northwesterly Camf of said Vitale,said
point also beigg at the fly cormor sof Lot No.21 of the a£creaantioued Riverdale
Subdivision;thence Ieaving said common Cotner sad running along the northerly llne of
said Lot Noll and the northefly line ofLots No.20 and 19,the following courses and
distances; South 710'46' S0"West 26.16 feet, South 71'38' 30"West 698.64 few South
72°09' S0"West 199.73 feet, South 71`31'30"Wag 47,23 that, South 71'22'2a"
West 521.19 feet and South 72°08' 00"West 15L19 feet:thence Iesving said northerly
line of Lot No.19 and running through lands,of the Town of Wippingw,the following
courses sad dsruncos;North 250 05' OV East 269.41 fent.North 71' 17'4S"Past 230.99
ffevt,North 390 40' 05"Bart 181:99 24 North 710 41' Rr East 147.10 ibet,Wokth 170
17'40"East 338.92 feet,North 20.35' 12"Weat 305.80 feat,North 16° 16' Se East
571.39 feet,North 740 15'40"Wag 219.25 feet,South 22°43'44"Nest 548.76 feet,
North 67° 16' 16"West 224.53 feat, South 26°40'39"West 575.56 fret and South 2e .
3T 11"Wet 748.75 feet to the point of bgftning cowaWng 76.710 fern of land.
Pam,Martin,a Del Bene,LL P.
Sims 9,2003
2000-03(36)
CONSERVATION EASEMENT
This INDENTURE establishing a Conservation Easement is entered into this day of June,
2003,between
TOWN OF WAP-PINGER,
A Municipal Corporation,
with offices located at Town Hall, 20 Middlebush Road,
Wappingers Falls, New York 12590,
hereinafter referred to as "GRANTOR" or the "LANDOWNER'
and
COUNTY OF DUTCHESS,
A Municipal Corporation,
with offices at 22 Market Street,
Poughkeepsie, New York 12601
hereinafter referred to as "GRANTEE" or the "COUNTY"
and
DUTCHESS LAND CONSERVANCY, INC.,
a New York Not-For-Profit Corporation,
with an office at 2908 Route 44,
Millbrook, New York 12545,
hereinafter referred to as "GRANTEE" or the"CONSERVANCY"
RECITALS
WHEREAS, the LANDOWNER is the owner in fee of real PROPERTY known as the "Carnwath
Estate" (hereinafter referred to as the'PROPERTY'); and
WHEREAS, the PROPERTY consists of approximately 99.5 acres located along Wheeler Hill
Road in the Town of Wappinger with vistas and scenic views of the Hudson River; and
WHEREAS, the PROPERTY is improved with several buildings, a 19rh Century mansion, a large
dormitory building, a large chapel building, a carriage house and other related buildings; and
WHEREAS, the LANDOWNER wishes to impose a Conservation Easement on a portion of the
PROPERTY excluding the area surrounding the buildings above-described; and
WHEREAS, the LANDOWNER wishes to impose this Conservation Easement on a portion of the
PROPERTY consisting of approximately 76.714+ acres of land, more particularly described in Exhibit "A"
attached hereto and incorporated by reference in this RiDENTURE; and
E HIBTT B
O:IWAPPINGDTown Board\GreystonelE-Conservation.doc
WHEREAS, the PROPERTY is shown on the Conservation Easement map attached hereto as
Exhibit "B" and incorporated by reference, and on a survey map entitled "Conservation Easement from
Town of Wappinger" prepared by Paggi, Martin & Del Bene, LLP, dated ' last revised
and filed in the Office of the Dutchess County Clerk simultaneously with this
Indenture granting a Conservation Easement as Map No. ; and
WHEREAS, the COUNTY is qualified to hold conservation easements pursuant to Article 49, Title
3, of the Environmental Conservation Law of the State of New York ("The Conservation Law") and has
agreed to accept the role of the municipal sponsor for the New York State Department of Agriculture and
Markets Farmland Protection Grant, which has provided approximately 75% of the funds necessary for the
purchase of this Easement; the remaining funds being appropriated through the Dutchess County Open
Space and Farmland Protection Matching Grant Fund; and
WHEREAS, the CONSERVANCY is a not-for-profit conservation organization within the
meaning of Article 49, Title 3, of the Environmental Conservation Law of the State of New York and is
qualified to acquire conservation easements, and be the GRANTEE of tax-deductible conservation
easements pursuant to Section 170(h) of the United States Internal Revenue Code of 1956, as amended; and
WHEREAS, the parties recognize the following:
1. The COUNTY has determined that acquiring a conservation easement on.the PROPERTY
will help further the COUNTY'S conservation and economic purposes as further hereinafter set forth and
the CONSERVANCY has determined that acquiring a conservation easement on the PROPERTY which
protects the agricultural* values of the PROPERTY and which promotes the use of sound agricultural*
practices will further its charitable purposes of preserving the natural, ecological; cultural and scenic value
of the Hudson River Valley.
2. The PROPERTY is characterized by scenic views and vistas, open meadows, woodlands,
and natural beauty, and is highly visible from Wheeler Hill Road and the Hudson River. The PROPERTY
consists of frontage along the properties of the Metropolitan Transit Authority and which is adjacent to
the Hudson River as well as frontage along Wheeler Hill Road.
3. The CONSERVANCY, in its role as a conservation organization, has obtained extensive
experience monitoring and administering conservation easements, and is willing to make its services and
experience available to the COUNTY to monitor and administer this Conservation Easement as hereinafter
set forth.
4. It is important to the conservation of the open, scenic and natural character and beauty of the
area to maintain the PROPERTY'S agricultural* use, open fields and forestlands while restricting
development so that it is compatible with the natural surroundings.
5. The PROPERTY is in close proximity to other private lands, which are already permanently
protected by conservation easements.
6. The Master Plan of the Town of Wappinger states, "that there be a strong encouragement
provided to the agricultural* community for the maintenance of agricultural* activities and the associated
preservation of the irreplaceable agricultural* resources. The TOWN can assist in maintaining the
traditional viability of agriculture for this generation, and future generations, by encouraging the
conservation of areas with prime agricultural* soils, segregating agricultural* and incompatible non-
2
agriculture uses in the interest of the agricultural* pursuits, reducing pressures to convert agricultural* land
to other uses, and implementing programs which encourage and support farm operations".
7. The expanse of farmland found in Dutchess County is important to the natural, ecological,
cultural, scenic and historical values of the Hudson River Valley.
8. The Dutchess County Legislature adopted the Dutchess County Agricultural* and Farmland
Protection Plan on May 11, 1998, which states that, "Farms and farmland contribute to the COUNTY'S
economy as a whole, through the jobs and dollars generated and to the COUNTY'S open landscapes,
character, and sense of identity, and environmental quality". The Plan recommends the purchase of
development rights as an important tool in encouraging LANDOWNER to keep their farms in production,
and states that Dutchess County should develop partnerships with knowledgeable professionals in the
private sector, particularly the County's land conservancies, to facilitate the development and improvement
of a Dutchess County Development Rights Acquisition Program. In furtherance of this recommendation,
the COUNTY is contributing $200,000 (VERIFY WITH JOR R UGGIERO OR ROGER AKELEY9 towards
the purchase of this Conservation Easement through the Dutchess County Open Space and Farmland
Protection Matching Grant Fund and in addition has accepted the role of municipal sponsor for a New York
State Agriculture and Markets Grant, which is providing $ Both amounts are
exclusive of miscellaneous related acquisition expenses.
9. The Dutchess County Legislature, in the County Master Plan, Directions, adopted by the
Dutchess County Legislature in 1988, has identified the area in which the PROPERTY is located as an area
in which agricultural* lands should be preserved. Directions emphasizes the preservation of prime
agricultural* soils, floodplain and wetlands and encourages open space land uses and the protection of
scenic resources. Policy 5.16 supports measures to preserve the COUNTY'S prime and important
agricultural* soils. Policy 5.20 advocates the preservation of the COUNTY'S scenic resources and
significant natural areas. Policy 5.24 encourages the preservation of woodland "greenbelt" corridors.
through communities, especially along streams, floodplains, wetlands, and other sensitive areas to provide
recreational space, wildlife habitat natural buffers and aquifer protection. Directions recommends low
density development to prevent degradation of the area's rural, natural and scenic characteristics through
subdivision and development; Policy 11.21 supports the use of conservation easements to preserve
agricultural* lands in rural areas.
preduefien of food, feed, fer-age and fiber er-eps, as defmed by the U.S. Depalt4neflt of Agrieultwe Na�
12. Artiele 14 of the New York State GeftsfittAiefl States that "the Pokey of this state shaR be te
er-i4ieal faass VA�i+t the , afi area listed in the New Yer4 State Open Spaee P!
3
n mass"
i
designated pwstiaHt to Artiele 24b
Clay Kill), elassified by the New York State DepaAffiej# A-;-f T—,�-44-renmeata4 Coiisei-�xa�ien as a Class P
10. Subdivision and development pressure threaten the continued agricultural*, rural, scenic,
ecological, forested, and open space character of the PROPERTY and the scenic view along Wheeler Hill
Road.
11. The PROPERTY will be used as part of the Dutchess County Greenway Trial System.
WHEREAS, the CONSERVANCY has determined that acquisition of a Conservation Easement on
the PROPERTY will further its charitable purposes of protecting areas of rural, scenic and relatively
natural character in Dutchess County; and
WHEREAS, the LANDOWNER shares the land conservation goals of the CONSERVANCY and
desires to ensure that the rural, scenic and ecological characteristics of the PROPERTY will be preserved
for the benefit of future generations; and
WHEREAS, the parties desire to ensure that the agricultural* characteristics of the PROPERTY
will be protected for the benefit of fixture generations, and desire to preserve the character of the
PROPERTY in perpetuity by entering into this Conservation Easement Deed pursuant to the provisions of
Article 49, Title 3, of the Conservation Law; and
01111 3 _. 01 -, a,._ ...a
NSWAMM"If
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained
herein,the parties agree as follows:
1. RECITATIONS INCORPORATED.
The recitations above set forth are incorporated in this Conservation Easement as if fully set forth
and adopted herein.
2. INDENTURE OF ESTABLISHING A CONSERVATION EASEMENT.
The LANDOWNER grants to the GRANTEES, a perpetual Conservation Easement over the
PROPERTY described in Exhibit "A" on the terms contained in this Indenture (the "Conservation
Easement"). The Conservation Easement shall encumber the PROPERTY.
4
3. PURPOSE.
The primary purpose of this Conservation Easement is to conserve productive agricultural* lands.
The secondary purpose of this Conservation Easement is to protect the scenic and natural resources
associated with the PROPERTY for the benefit of the public and for future generations as long as they do
not conflict with the primary purpose of this Conservation Easement, The LANDOWNER and the
GRANTEES share the common desire to conserve these resources by the conveyance of this Conservation
Easement, in order to prevent the use or development of the PROPERTY for any purpose or in any manner
which would conflict with the maintenance of these resource values.
4. RESERVED RIGHTS.
The LANDOWNER reserves for itself and its successors in interest all rights with respect to the
PROPERTY or any part thereof, including without limitation the right of exclusive possession and
enjoyment of the PROPERTY or any part thereof and the right to sell, transfer, lease, mortgage or
otherwise encumber the PROPERTY or any part thereof, as owner, subject to the restrictions and covenants
set forth in this Conservation Easement Deed. This Conservation Easement does not grant the general
public any right to enter upon any part of the PROPERTY. This Conservation Easement does not restrict an
owner of the PROPERTY or part thereof from imposing further restrictions upon conveyance or otherwise.
5. RESTRICTIONS APPLICABLE TO THE PROPERTY.
By this Conservation Easement, the LANDOWNER agrees to restrictions that apply to the
"Farmstead Complex" and additional restrictions that apply only to the "Farm Areas)", as set forth in
Section 6. The LANDOWNER may take certain actions relating to the PROPERTY only after giving the
Conservancy prior notice or obtaining the CONSERVANCY'S prior consent.
6. DEFINITIONS.
As used in this Conservation Easement, the term LANDOWNER includes the owner of fee simple
title and of any beneficial equity interest in the PROPERTY or any portion thereof, and includes the
original GRANTOR, its heirs, successors and assigns, all future owners of all or any portion of the
PROPERTY, and any party entitled to possession or use thereof, and the term "GRANTEE" includes the
original GRANTEE and its successors and assigns.
The term agricultural* purposes means planting, raising, harvesting and producing agricultural*,
aquacultural, horticultural and forestry crops and products of every nature and description, breeding,
raising, training, pasturing, grazing, boarding and sale of horses and livestock of every nature and
description; equestrian activities (including horseback riding instruction, husbandry and other [non-
commercial] equestrian activities); breeding and raising bees, fish, poultry and other fowl; and the primary
processing, storage and sale, including direct retail sale to the public of crops and products, which are
primarily harvested and produced on the PROPERTY and in addition, those agricultural* purposes
provided for in Section 301 of the New York State Agriculture and Markets Law.
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7. RESTRICTED USES.
The restrictions imposed upon the Property are as follows:
7.1. Use and Building Prohibitions. No residential, commercial, industrial or mining
activities shall be permitted, and no building, structure, appurtenant facility or improvement
shall be constructed, created, installed, erected or moved onto the Property, except as
expressly permitted by this Conservation Easement.
7.2. Signage Restrictions. No.internally-lit or neon signs shall be erected or displayed on
the Property. No billboards shall be erected or displayed on the Property. Billboards are
defined for the purposes of this Conservation Easement as signs larger in size than 32 square
feet.
7.3. Waste Management. The dumping, collection, recycling, or storage of trash, human
waste, refuse or debris on the Property shall not be permitted. However, farmers shall be
allowed to store and collect such wastes if they are used for agricultural production purposes
on the Property and they are managed in an environmentally and agronomically sound
manner. This prohibition shall not apply to the storage and spreading of manure, lime, or
other acceptable fertilizers or soil conditioners for agricultural practices and purposes or the
temporary storage of trash in receptacles for periodic off-site disposal, and the storage or
placement of organic material generated by agricultural uses of the Property, all of which are
hereby permitted provided that any such activity shall be in accordance with sound
agricultural practices.
7.4. Chemicals. All pesticides, herbicides, fertilizers, or other chemical treatment of the
Property shall be used in accordance with the directions on the chemical labels and/or
applicable federal or state law.
7.5. Mining Prohibitions. There shall be no excavation, removal of topsoil, sand, gravel,
rocks or minerals, in any manner, except as may be reasonably necessary and incidental to
carrying out the agricultural improvements and uses permitted on the Property by this
Conservation Easement. No quarry, gravel pit, mining or drilling, or other mining or drilling
activities prohibited under applicable provisions of Section 170(h) of the Internal Revenue
Code are permitted on or under the Property. This shall not prevent the installation of local
and residential utility lines, wells, septic systems or other utilities as reasonably necessary to
serve the structures permitted herein, or the construction of ponds or driveways as permitted
herein.
7.6. Reaffirmation. No use shall be made of the Property, and no activity thereon shall be
permitted which, in the reasonable opinion of the Conservancy, is or is likely to become
inconsistent with the purposes of this Conservation Easement as stated in Section 2 herein.
8. ADDITIONAL COVENANTS AND PROVISIONS.
8.1. Subdivision.
8.1.A. For Farming Purposes. The Property may be partitioned or subdivided only
with the prior written permission of the Conservancy, which permission shall be granted
10
only if all parcels of land thereby created will remain viable for agricultural production
either individually, or as part of an established farming operation. Such subdivision shall not
include the right to construct any new habitable or commercial structures, or relocate any
existing habitable or commercial structures, regardless of whether such structures would
otherwise be permitted by this Agricultural Conservation Easement. Any partition or
subdivision must comply with all applicable land use and subdivision regulations.
Mortgages, or other non-possessory interests'in land do not constitute subdivisions for the
purpose herein, provided such interests encompass the whole Property.
8.1.B. For Residential Lots. Subdivision to create parcels for residential,
commercial or industrial use is prohibited.
8.2 Existin Conditions: Baseline Data Report. By its execution of this Conservation
Easement, the Grantees acknowledge that the present uses of the Property are permitted by
this Conservation Easement. In order to evidence the present condition of the Property
(including both natural and man-made features) so as to facilitate future monitoring and
enforcement of this Easement, a Baseline Data Report, including photographs, describing
such condition at the date hereof, has been prepared and subscribed by all parties, and a
copy thereof is on file with each of the Grantees and the Landowners.
8.3 Monitoring. The Conservancy shall view the Property from the air or the ground, at its
sole discretion, in a systematic manner to assure compliance with the terms of this
Conservation Easement, at least annually. An annual report of the results of such
monitoring, including advice of compliance or any apparent violations of this Conservation
Easement, shall be provided both (1) to the Landowners, or successors of their right, title or
interest in the Property and (2) to Dutchess County, with an office at c/o the Dutchess
County Attorney, Poughkeepsie,New York (hereinafter the "County").
8.4 Enforcement. The County has the exclusive right to enforce this Conservation
Easement at law or in equity, including, without limitation, pursuant to the provisions of
Article 49, Title 3 of the Conservation Law, against any or all of the owners of the Property
or any part thereof. If there is a violation, or threatened violation, of this Conservation
Easement, the Conservancy shall, on behalf of the County, notify the party in violation or
threatening the violation, who shall, in the case of an existing violation, promptly cure the
violation by (a) ceasing the same or (b) restoring the Property to the condition before such
violation, or (c) both, or, in the case of a threatened violation, refrain from the activity that
would result in the violation. If a violation continues for more than 30 days after notice is
given without the Conservancy taking steps to cure the same, or at any time if the violation
or a threatened violation threatens immediate and irreparable harm to the resource values of
the Property that this Conservation Easement is intended to protect, the County may seek
immediate injunctive relief and shall have the right, but not the obligation, to correct it by
direct action as well as by pursuing all available remedies at law or in equity. If a violation is
determined to have occurred, the Landowner shall reimburse the County for all expenses
including reasonable attorneys fees, incurred in enforcing this Conservation Easement and
curing the violation. Failure to enforce any restriction or covenant herein contained shall in
no event be deemed a waiver of a right to do so thereafter as to the same violation or breach
or as to one occurring prior or subsequent thereto.
11
8.5 Co-operative Enforcement. Although the Conservancy shall be primarily responsible
for monitoring (8.3) the Property, the County shall nevertheless, have the independent
authority to monitor and inspect the Property, as well as to exercise its enforcement rights.
The County and the Conservancy shall make a good faith effort to coordinate their
monitoring and enforcement roles and may execute and from time to time amend a
memorandum of understanding with respect thereto. The County shall notify the
Conservancy of its intent to monitor or inspect the Property or to exercise its enforcement
rights at least ten days prior to exercising any of such rights. This requirement of ten day
notification shall not apply where its application may result in significant harm to the
conservation purposes of this Conservation Easement,
8.6 Rights Vest In County. In the event that the Conservancy were to cease to exist, cease
to be a qualified organization under Section 170(h) of the Internal Revenue Code, cease to
be qualified to acquire and hold conservation easements under Article 49, Title 3, of the
New York Environmental Conservation Law, or fail to provide an annual monitoring report
pursuant to paragraphs 8.3 above for a period of more than forty-five (45) days after notice
of that failure is delivered by the County to the Conservancy at its last known address, then
the Conservancy's rights and obligations under this Conservation Easement shall
immediately vest in the County. If the Conservancy were to remain in existence at the date
at which its rights in this Conservation Easement were to become vested in the County as
provided herein, the Conservancy shall execute and record in the Dutchess County Clerk's
Office an assignment of this Conservation Easement in accordance with Article 49, Title 3,
of the New York Environmental Conservation.Law. If the Conservancy were not to be in
existence at the date at which its rights were thus to become vested in the County, or if the
Conservancy were to fail to execute such a requisite assignment, then the County may
compel such an assignment by appropriate action in a court of competent jurisdiction.
8.7. Amendment.
8.7.A. General. This Conservation Easement may be amended only by a recorded
instrument signed by the Landowner and Grantees. Such amendment shall require the
written consent of the Department of Agriculture and Markets. If the County agrees to
amend the conservation easement, the Conservancy shall be obligated to sign the
amendment consenting thereto. Any such amendment: (i) shall be consistent with the
proposes of this Conservation Easement, (ii) shall comply with Section 170(h) of the
Internal Revenue Code, or any regulations promulgated in accordance with that Section, and
(iii) shall be consistent with Article 49, Title 3, of the Environmental Conservation Law and
any regulations promulgated pursuant to that law. Notice of such proposed amendment,
including the full text thereof, shall be sent to The New York State Department of
Agriculture and Markets.
. . ,
the Ceiiaen�ane�-, on behalf of the
S
made,
based on ehanges in the
peried. Th siaeh a ease,
12
. Seetien ,
ceffsev';FAieff ;—A d G t' 1?(1 of T tie a Revenue
i'�caiir-avc-ci�isT�
8.8 Annrovals In Writing. Any approval, waiver, or other form of consent or permission
required or permitted to be given by the County or the Conservancy under this Conservation
Easement shall only be effective if in writing and duly executed on behalf of the County or
the Conservancy, as this.Easement may otherwise specifically require, except in such cases
where permission is, pursuant to this Conservation Easement, expressly deemed granted if
no response is given by the Conservancy within a specific time period.
8.9 Encumbrance by Conservation Easement. Any subsequent conveyance, including,
without limitation, transfer, lease or mortgage of the Property, shall be subject to this
Conservation Easement, and any deed or other instrument evidencing or effecting such
conveyance shall contain language substantially as follows: "This {conveyance, lease,
mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land
and which was granted to the County of Dutchess and the Dutchess Land,Conservancy, Inc.,
by instrument dated , 200 , and recorded in the office of the Clerk
of Dutchess County at Document # The failure to include such language
in any deed or instrument shall not, however, affect the validity or applicability of this
Conservation Easement to the Property. Nothing in this Conservation Easement shall be
construed as limiting the rights of the holder of such conveyance or mortgage from
foreclosing or otherwise enforcing its rights there under, provided that any such foreclosure .
or enforcement of a subsequent or otherwise subordinated or junior mortgage, or other
property interest, or other action shall not extinguish this Conservation Easement and the
Conservancy's rights hereunder. The Landowners' shall provide 30 days notice to the
Conservancy prior to any such action occurring, but the Landowners' failure to provide such
notice shall not adversely affect the rights of any holder of any mortgage or other security
instruments.
8.10 Subordination of Prior- Mortgages and Lien (Anameime StatemenQ t- thee
par-poses -f this consefvafion Easement. T#e Property is euffently ea6tHnber-e
-+ Page a i*@i4gage date
!7 77
Credit,
sale,Easement f6r the sele pufpese of subefdjiiatiag its rights in the Pr-epeAy to the hi%i4ed ii
leases, )
13
8.10 Taxes and Assessments. Each owner of the Property shall pay all taxes and
assessments lawfully assessed against the Property or portion thereof owned by such owner,
who shall provide receipted tax bills to the Conservancy upon request.
8.11 Severability. Invalidation of any provision of this Conservation Easement by court
judgment, order, statute or otherwise shall not affect any other provisions, which shall be
and remain in force and effect.
8.12 Binding Effect. The provisions of this Conservation Easement shall run with the
Property in perpetuity and shall bind and be enforceable against the Landowners and all
future owners and any party entitled to possess or use the Property or any portion thereof
while such party is the owner or entitled to possession or use thereof. Notwithstanding the
foregoing, upon any transfer of title, the transferor shall, with respect to the Property
transferred cease being the Landowners or an owner with respect to such Property for
purposes of this Conservation Easement and shall, with respect to the Property transferred,
have no further responsibility or liability hereunder for acts done or conditions arising
thereafter on or with respect to such Property, but the transferor shall remain liable for
earlier acts and conditions done or occurring during the period of his or her ownership or
conduct.
8.13. Liability; Indemnification.
8.13.A. The Grantees shall have no obligations whatsoever, express or implied,
relating to the use,maintenance or operation of the Property.
8.13.B. The Grantees shall not be responsible for injuries or death to persons or
damage to property in connection with the administration and/or enforcement of this
Conservation Easement or otherwise with respect to the condition of the Property.
8.13.C. The Landowners agree to indemnify and hold the Grantees harmless from
any and all costs, claims or liability, including but not limited to reasonable attorneys fees
arising from any personal injury, accidents, negligence or damage relating to the Property,
or any claim thereof, unless due to the negligence of the Grantees or their agents.
8.13.D. The Landowners further agree to indemnify and hold the Grantees harmless
from and against any and all claims, costs, expenses,fines, penalties, assessments, citations,
personal injury or death, and the like arising from or out of the existence (actual or alleged)
of any and all environmentally hazardous or toxic substances or materials whatsoever on or
under the Property.
8.13.E. The Grantees shall have no liability whatsoever to the Landowners or any
other owner for acts taken in good faith in connection with the administration of this
Conservation Easement.
8.14 Further Acts. Each party shall perform any further acts and execute and deliver any
documents, including amendments to this Conservation Easement, which may be reasonably
14
necessary to carry out the provisions of this Conservation Easement or which are necessary
to qualify this instrument as a conservation easement under Article 49, Title 3, of the
Conservation Law or any regulations promulgated pursuant thereto.
8.15 No Forfeiture. Nothing contained herein will result in a forfeiture of the Landowners'
title in any respect.
8.16 ControRinz Law. The interpretation and performance of this Conservation Easement
shall be governed by the Laws of New York State.
9. QUALIFIED CONSERVATION CONTRIBUTION COVENANTS.
9.1. Continuity. The GRANTEES agree that they will assign their rights under this
Conservation Easement only to an assignee that: (a) is a qualified organization as defined in
Section 170(h) of the Internal Revenue Code and which (b) agrees to continue to carry out
the conservation purposes of this Conservation Easement as defined under Section 170(h)
and the regulations thereunder and (c) which, in the event of an assignment by the
CONSERVANCY, has been approved by the COUNTY as a successor to the
CONSERVANCY. Any assignee other than a governmental unit must also be an entity
able to enforce this Conservation Easement, having purposes similar to those of the
CONSERVANCY which encompass those of this Conservation Easement. If the
CONSERVANCY ever ceases to exist or no longer qualifies under Section 170(h) or
applicable state law, its rights under this Easement shall vest in the COUNTY as set forth in
paragraph 8.6 hereof.
9.2. Notice. The LANDOWNER shall give the CONSERVANCY written notice before
exercising any reserved right, the exercise of which may have an adverse impact on the
conservation interests of this Conservation Easement. The LANDOWNER shall notify the
CONSERVANCY of any conveyance, lease or transfer of all or any part of the
PROPERTY, such notice to be given in writing at least thirty (30) days in advance of such
conveyance, lease or transfer. Any notice required or desired to be given under this
Conservation Easement shall be in writing and shall be deemed given when received or
three days after mailing, by public or private delivery service which provides receipt of
delivery, properly addressed as follows: (a) if to the CONSERVANCY, at the address set
forth above; (b) if to the LANDOWNER, at the. address set forth above; or (c ) if to any
subsequent owner, at the address of the PROPERTY. Any party can change the address to
which notices are to be sent to him, her or it by duly giving notice pursuant to this
paragraph.
9.3. Inspection. The CONSERVANCY, the COUNTY and the Department of Agriculture
and Markets, and their duly authorized representatives shall have the right to enter onto the
PROPERTY at reasonable times, in a reasonable manner, and, where practicable, after
giving a minimum of 48 hours prior notice, to inspect for compliance with the terms of this
Conservation Easement. In the instance of a violation or suspected violation of the terms of
this Conservation Easement, which has caused or threatens to cause irreparable harm to any
of the resource values this Conservation Easement is designed to protect, no such advance
notice is required.
15
9.4. Extimmishment. If a subsequent unexpected change in the conditions surrounding the
PROPERTY make impossible the fulfillment of the conservation purposes of this
Conservation Easement, and if the restrictions are extinguished by judicial proceeding, then,
upon any subsequent sale, exchange or involuntary conversion by the LANDOWNER, the
County shall be entitled to that portion of the proceeds equal to the proportionate value of
the conservation restrictions as provided immediately below. For such purposes only, the
LANDOWNER agree that the conveyance of this Conservation Easement to the County
gives rise to a PROPERTY right, immediately vested in the County,with a fair market value
that is equal to the proportionate value that the conservation restrictions hereby created at
the date hereof bears to the value of the PROPERTY as a whole at the date hereof(subject
to reasonable adjustment to the extent permissible under Section 170(h) of the Internal
Revenue Code for any improvements which may hereafter be made on the PROPERTY).
The County agrees to use its share of such proceeds in a manner consistent with the
conservation purposes of this Conservation Easement. The cessation of farming on the
PROPERTY shall not be construed to be grounds for extinguishment of this Conservation
Easement.
9.5. Interpretation. This instrument is intended to create a "qualified real PROPERTY
interest" for "conservation purposes" as defined in Section 170(h) of the Internal Revenue
Code, and shall be interpreted consistently with such intention. In the event any provision
has been omitted from this instrument necessary to qualify the interest hereby granted as
such a "qualified real PROPERTY interest" for "conservation purposes," such provision
shall be deemed incorporated herein to the extent necessary to cause the interest hereby
granted to be so qualified.
9.6. Transfer of Development Right No development rights in and to the PROPERTY, or
any part thereof which have been encumbered or extinguished by this Conservation
Easement shall be transferred to any location outside the PROPERTY, whether pursuant to a
cluster development plan or any other agreement or plan for transferable development rights.
40. MEN LAM' SECTION 1-3--
LANDOWNER wih-r-erei-ve the eer,,�afie* fgr--this eefiv a and A414 he-14 the r-igM to r-eeei:ve siaelft
IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first
above written.
TOWN OF WAPPINGER, Landowner and Grantor
By:
Joseph Ruggiero, Supervisor
16
R
DUTCHESS LAND CONSERVANCY,INC., Grantee
By:
COUNTY OF DUTCHESS, Grantee
By:
ACKNOWLEDGEMENTS
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On June_, 2003,before me, the undersigned,personally appeared JOSEPH RUGGIERO known to
me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his capacity, and that by his
signature on the instrument,the individual, or the person upon behalf of which the individual acted,
executed the instrument.
Notary Public
STATE OF NEW YORK }
} ss:
COUNTY OF DUTCHESS }
On June 2003,before me, the undersigned,personally appeared
known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his
capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
Notary Public
17
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
On June,, 2003,before me, the undersigned,personally appeared
known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his
capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
Notary Public
18
IS
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F 1�
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RESOLUTION NO. 2003-`284
RESOLUTION AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT
FOR THE ACQUISITION FOR CONSERVATION EASEMENT {
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�! At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
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New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York. on the 8tr
day of December, 2003, at 7:30 P.M.
The meeting was caped to order by Joseph Ruggiero, Supervisor, and upon roll being
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called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmen - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
I! Christopher J. Colsey
ABSENT:
i
The following Resolution was introduced by _Mr. Valdati _ _and seconded by
lIIE Mr Paoloni
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WHEREAS, in 1998, the Town acquired property then known as the Greystone Estate
and now known as the Carnwath Estate located on Wheeler Hill Road in the Town NATith frontage
along the Hudson River; and
{
WHEREAS,the property consists of approximately 99.5 acres of land, portions of which
e
are improved by a 19"' mansion, a dormitory building, a large chapel, a carriage house and other
related buildings and detached structures; and
{ {
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f�
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OAWappingerlTown 8oard\RES01-UT10N\Greystone-Cons Est and Grant Agt.dor
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WHEREAS, the Town has made application to the County of Dutchess for a Grant to
defray the cost of the purchase of this property through the Dutchess County Open Space and
Farmland Protection Matching Grant Fund for$280,000; and
WHEREAS, Dutchess County has approved a grant of up to $280,000, representing up
to one-third of the acquisition cost of purchasing this land by the Town; and
WHEREAS, as a precondition to receiving such Grant, the Town must execute a"Grant
Agreement For The Acquisition Of Conservation Easement"in the form attached hereto marked I[
and designated as Exhibit"1" as well as execute a Conservation Easement in the form attached
as Exhibit "A" to the aforementioned Grant Agreement; and {
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WHEREAS, by Resolution No. 2.003-175 adopted on June 23, 2003, the Town Board
expressed its intention to impose a Conservation Easement on a portion of the Camwath Estate
property, excluding approximately 20 acres from the Conservation Easement; and
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WHEREAS, Resolution No. 2003-175 was amended by Resolution No. 2003-238 which
i
determined that it will only be necessary to exclude approximately 7 acres from the Conservation
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Easement; and
WHEREAS, the Town has now determined that it will only be necessary to exclude
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approximately 6 acres from the Conservation Easement; and
WHEREAS, the Town Board wishes to authorize the Supervisor to execute the "Grant
Agreement For The Acquisition Of Conservation Easement"in the form attached as Exhibit "1"
hereto; and
I
WHEREAS, the Town Board wishes to impose the Conservation Easement in the form f
required by the County of Dutchess as more fully set forth in Exhibit"A" attached to Exhibit "1"
attached hereto and made a.part of this Resolution; and
i
OAWappingert7own Board1RESOLUTIONIGreystone-Cons Est and Grant Agt.doo
3
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WHEREAS, the Attorney to the Town has approved the farm of the "Grant Agreement
f
For The Acquisition Of Conservation Easement" as well as the Conservation Easement Deed as
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prepared and presented by the Dutchess County Attorney's Office and all as set forth in Exhibit
i
"1" attached hereto.
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 that only approximately 6 acres of land of the
I
Carnwath Estate will need to be excluded from the Conservation Easement with the remainder of
I
the property known as the Carnwath Estate to be subject to the covenants, terms and conditions
of the Conservation Easement as set forth in Exhibit "A" attached to Exhibit"I"hereto.
1
3. The Supervisor to the Town is hereby authorized to execute the "Grant
i
Agreement For The Acquisition Of Conservation Easement"in the form attached hereto as
Exhibit "1". t
4. The Town Board hereby ratifies, confirms and adopts the actions of the
Supervisor in executing the "Grant Agreement For The Acquisition Of Conservation Easement"
I
on December 2, 2003 and forwarded.the same to the County of Dutchess in order to expedite and
facilitate the prompt payment of the grant monies to the Town. 1
5. The Town Board Hereby dedicates that portion of the Carnwath Estate property
containing approximately 94.259+ acres and more particularly described in Exhibit "2" attached
hereto, after imposition of the Conservation Easement, as "Park Land" subject to the terms and
conditions of the Conservation Easement referred to above.
I
0:1Wappinge.ffown Board\RESOLU i ION\Greystcne-Cons Est and Grant Agt.doc
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GRANT AGREEMENT
FOR THE
ACQUISITION OF CONSERVATION EASEMENT
THIS AGREEMENT, made this day of 2003 by and between the TOWN OF .
WAPP LINGER, a municipal corporation with offices located at Town Hall, 20 Middl.ebush Road,
Wappingers Palls, New York 12590 (hereinafter referred to as "the Owner"), and the COUNTY OF
DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601,
(hereinafter referred to as "the County").
WITNESSETH:
WHEREAS, the Owner owns a parcel consisting of approximately ninety-nine (99) acres located
on the south side of Wheeler Hill Road adjacent to the Hudson River in the Town of Wappinger,
Dutchess County, New York and desires to convey a conservation easement on approximately 95 acres
thereof (the Protected Property) to the County, and to dedicate that same land as parkland devoted to
public open space, and
WHEREAS, the County is making a "matching share" grant pursuant to the Dutchess County
Partnership for Manageable Growth/Open Space and Farmland Protection Matching Grant Program to the
Owner; and
WHEREAS, the County wants to acquire the conservation easement as hereinafter provided,
now, therefore, the parties agree as follows:
1. CONVEYANCE OF CONSERVATION EASEMENT. The Owner agrees to --onvey to
the County, and the County agrees to accept from the Owner, a conservation easement on rhe Protected
Property upon the terms and conditions hereinafter set forth. The conservation easement shall be
substantially in the form attached to this Agreement as Exhibit "A," and as further provided by Dutchess
County Resolution No.
2. GRANT PAYMENTS. To help fund the purchase cost for the Protected Property incurred
by the Owner, the County shall. pay to the Owner approximately $280,000 (up to one-third of the
acquisition costs) as a "matching share". grant towards the payments made by the Owner to acquire the
Protected Property of approximately EIGHT HUNDRED THOUSAND and 00/100 ($800,000.00)
DOLLARS, plus related acquisition costs.
3. CLOSING. The closing shall take place at the Dutchess County Office Building. 22 Market
Street.. Poughkeepsie, New York 12601 at such time as the parties mutually agree, promptly after funds
are made available or otherwise confirmed therefore, from the Dutchess County Partnership for
Manageable Growth/Open Space and Farmland Protection Matching Grant Program.
4. CONTINGENCIES. This Agreement, and the closing are subject to the following
contingencies:
R-0771
1
(a) Approval of the proposed conservation easement (Exhibit "A") and related closing
documents by the Dutchess County Open Space and Farmland Protection Matching
Grant Program.
(b) Conveyance of title satisfactory to the Dutchess County Open Space and Farmland
Protection Matching Grant Program subject only to utility company rights, licenses
and/or easements to maintain pole, lines, wires and other installations presently
servicing the property providing same do not, in the judgment of funding agencies,
significantly impede the purposes of the conservation easement or significantly
reduce its value.
(c) Any documentation, approvals or consents as 'may be required by the Dutchess
County Open Space and Farmland Protection Matching Grant Program in order to
comply with Program requirements.
(d) The Property shall be conveyed, free of all mortgages and encumbrances of any
nature whatsoever or they will be subordinated to the conservation easement to the
satisfaction of the Dutchess County Open Space and Farmland Protection Matching
Grant Program.
(e) Receipt of a survey of the entire Property(approximately ninety-nine acres), showing
both the Protected and Retained Property, certified to the County and paidl' i~by the
Owner at no cost to the County.
5. CANCELLATION. If the contingencies set forth in Section 4 are not satisfied, the-County
may cancel this Agreement on written notice to the Owner and neither party will have any claim or cause
of action against the other arising out of this Agreement.
6. Oti`INERS' REPRESENTATIONS. The Owner represents that it has, and will have at the
closing, the power, and if applicable, corporate authorization, to convey the conservation easement to the
County and that the Owner is not aware of any actions or proceedings which affect the Owners' title to
the property and that there are not uncured notices which have been served upon the Owner by any
governmental agency,notifying the Owner of any violations of law, ordinance or-regulation which would
affect the Property, or actual impending mechanics liens against the Property. Owner has not entered into,
or does there exist any license, lease, option, right of first refusal or other agreement which'affects title of
the Property.
Owner has no knowledge of any condition at, on, under or related to, the Property presently or
potentially posing a significant hazard to human health or to the environment (whether or not such
condition constitutes a violation of law that would result in liability to the Owner or the County under any
Federal, State or local environmental laws).
Shouid any of the above representations or warrantees cease to be true at any time prior to the
closing, Owner shall immediately so advise the County in writing, except in so far as Owner has advised
the County to the contrary, each of the above representations and warrantees shall be deemed to have
been made as of the closing and shall survive the closing.
7. NO BROKERS COMMISSION. Each of the parties represents no broker was used in
connection with this Agreement or with any of the transactions contemplated herein.
R-0771 - 2
S. SEVERABILITY. Each provision of this Agreement isseverable from any and all other
provisions of the Agreement. Should any provision of this Agreement be, for any reason, unenforceable,
the parties shall negotiate an equitable adjustment in the provisions of this Agreement with a view to
efficating the purpose of this Agreement and enforceability of the remaining provisions of this Agreement
shall not effected therebv.
9. TERMINATION. If the parties have not successfully closed this matter by July 2004, this
contract shall be deemed terminated and neither party shall have any claim or cause of action for damages
against the other arising out of this Agreement.
N WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM: ACCEPTED:COU-NTY OF DLrTCHESS
By-
County
y__
County Attorney's Office William R. Steinhaus,County Executive
APPROVED AS TO CONTENT: TOWN OF WAPPINGER
By. ]
Commissioner`of Planning&Development J s ph Ru giero,Supervi. r
STATE OF NEW YORK )
COUNTY OF DUTCHESS j 5S:
On this day of 2003,before me,the undersigned,a Notary Public in and for said State,personally appeared
WILLIArIM R.STEINHAUS,personally knowm to me or proved to me on the basil of sarsfactor,evidence to he the individual whose name is
subscribed t0 the within instrument and acknowledged to me that he executed the same in hisiher capacity, and th4l by his signature on -he
irstn.iment,the individual or the person upon behalf of which the individual acted,executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF DUTCHE S ; SS:
On thiel day of C2aeg�2003,before me,the undersigned,a Notary Public in and for said State,personally appeared Joseph
Ruggiero.personaliv known to the or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to the that he executed the same in hisrher capacity, and that by his signature on the instrument, the
individual or the person upon behalf of which the individual acted,executed the instrument.
`�
Notary Public ��__.. �
ALBERT P ROHRTS
NOTARY PUBLIC,State of New Yort
Qua€ified in Dutchess County �
Commission Expires Feb.28.20 ULz
PA7 1
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CONSERVATION EASEMENT
DEED
THIS GRANT OF CONSERVATION EASEMENT, made this day of
2003 by and between the TOWN OF WAPPINGER, a municipal corporation with offices
located at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter
referred to as "the Grantor"), and the COUNTY OF DUTCHESS, a municipal corporation with
offices at 22 Market Street, Poughkeepsie, New York 12601, (hereinafter referred to as "the
Grantee").
WITNESSETH:
WHEREAS, Grantor is the Owner in fee of real property known as the Carnwath Estate
(hereinafter referred to as "the Property"); and
WHEREAS, the Property consists of approximately 99.5 acres located along Wheeler
Hill Road in the Town of Wappinger, Dutchess County, New York with vistas and scenic views
of the Hudson River, and
WHEREAS, the Property is improved with several buildings, a 19'' Century mansion, a
large dormitory building, a large chapef building, carriage house and other related buildinngs,• and
WHEREAS, the Grantor wishes to impose a Conservation Easement on a porrtion of the
Property consisting of approximately 95 ± acres of Iand (the Protected Property), and retain all
rights on the remaining 6 acres of the Property (the Retained Property) allmore-`particularly
described in Exhibit "A" attached hereto and incomorated by reference in this conservation
easement, and
WHEREAS, the Protected Property and the Retained Property are shown on a
Conservation Easement map attached hereto as Exhibit "B" and incorporated by reference, and
on a survey map entitled "Conservation Easement from Town of Wappinger"prepared by Paggi.
Martin & Del Bene, last revised and filed in the Office of the Dutchess-County Clerk
simultaneously.with this Indenture granting a Conservation Easement as Map No. and
WHEREAS, the Protected Property possesses significant recreational, scenic, historicai
and open space features and values; and
WHEREAS, the Grantor is, as of the date hereof with the granting of this conservation
easement, confirming its commitment to dedicate, develop, preserve, maintain, operate and
provide for the public's use and enjoyment of the Protected Property; and
WHEREAS, the County has awarded the Grantor a grant under the provisions of the
Dutchess County Partnership For Manageable Growth/Open Space and Farmland Protection
Matching Grant Fund, and
EXHIBIT "A" TO GRANT AGREEMENT
R-0771
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a
WHEREAS, the Protected Property will be dedicated as a public park to be devoted to
the preservation of the view-shed of the Hudson River and its environs from the Protected
Property and to public open-space purposes, and for outdoor recreational uses, including hiking,
as part of the Greenway Trail System or otherwise; and
WHEREAS, Grantor has agreed to place restrictions on the Protected Property as part of
its transaction with Grantee, while retaining the use of the Protected Property as a public park as
defined above; and
WHEREAS, the State of New York has enacted Article 49, Title 3 of the Environmental
Conservation Law (as the same may be amended, "Article 49") to provide for the limitation and
restriction of development, management and use of real property by Conservation Easement;
NOW, THEREFORE, in consideration of the facts above recited and of the mutual
-covenants, terms, conditions and restrictions herein contained and other good and valuable
consideration, Grantor does hereby grant and convey to Grantee, its successors and assigns
forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terms,
covenants and obligations on Grantor's part to be observed and perfo.^ned and Grantee'sarights to
monitor and enforce.same, all as hereinafter set forth, over and across the Protected Property(the
"Easement").
1. Purpose.
The purpose of this Easement is to grant to Grantee certain rights to restrict the use and
development of the Protected Property to protect in perpetuity its view-shed of the Hudson_ River
and environs, its topography and to the extent compatible therewith, the use of the Protected
Property for the purposes of a Public Park dedicated to .public open space for outdoor
recreational uses including hiking as part of the Greenway Trail System or otherwise, and
through such protection, enhance, preserve and protect said Park, its view-shed and topography
for the use and enjoyment of the public. The Grantor shall, subject to reasonable terms and
conditions, make the Protected Property available to the Greenway Trail System or its successor
and other local trail system(s) for use by the general public. In all respects Dutchess County
residents shall be treated in the same manner as residents of the Grantor with regard to the use
and enjoyment of the Protected Property.
2. Prohibited Uses and Practices.
The following uses and practices are inconsistent with the purpose of this Easement and
shall be prohibited upon or within the Protected Property, except to the extent permitted by
Paragraph 4 hereof:
(a) Any commercial, industrial or residential uses of the Protected Property.
(b) The construction, erection, maintenance or replacement of any buildings, roads,
roadways, signs (other than informational or directional signs), billboards,
satellite dishes, fences, docks or other structures or improvements of any kind or
R-0771 5
nature whatsoever on or over the Protected Property, except solely the Permitted
Improvements and rights (as defined in subparagraph 4 hereof).
(c) Disturbances of the Protected Property's topography, including but not limited to
dredging, mining, filling, excavation, grading, removal of topsoil, sand, gravel,
rocks or minerals, or changing of the topography of the land in any manner except
as may be reasonably necessary for the construction, erection, installation,
maintenance or replacement of any of the Permitted Improvements in accordance
with the.terms hereof or as may be normally and reasonably incidental to any of
the uses of the Protected Property expressly permitted hereby.
3. Affirmative Rights Conveyed.
(a) Grantee and its duly authorized representatives shall have the right to enter the
Protected Property at reasonable times for inspection purposes as contained in
Paragraph 6.
(b) Grantee shall have the right to review any plans for development, construction or
installation of structures or improvements on the Protected Property and the right
of approval with respect thereto which right of review and/or approval'shall be
undertaken within thirty days by the Dutchess County Department of Planning or
any successor organization or department, which right of review and/or approval
shall not be unreasonably or arbitrarily withheld.
4. Retained Rights of Grantor.
Subject to the purpose and provisions of this Easement, including without limitation the
provisions of Paragraphs 2 and 3 hereof, and to conditions set forth below, Grantor resew ses and.
retains all customary rights of ownership in the. Protected Property to the extent such rights are
exercised in a manner which is not inconsistent with the purpose of this Easement, including, but
not limited to:
(a) The right to construct_and maintain the following Permitted Improvements on the
Protected Property:
L Signs or Kiosks for educational, interpretative or public safety purposes.
Any such signs or kiosks shall be of a design, size, materials and content
that are consistent with the use and character of the site as a preserved
open space having scenic, recreational, horticultural, agricultural and
historic significance.
ii. Roads, walkways, pathways, trails, benches, gardens, farm fields, and
related amenities on the Protected Property so long as their design and
layout will not, either individually or collectively, have a significant
adverse impact upon the Protected Property and its view-shed, vegetation
and landscape and provided that such design, layout and materials are
consistent with the use and character of the site as a preserved open space
R-0771
6
having scenic, recreational, horticultural, agricultural, historic and cultural
significance. Any walkways constructed on the Protected Property shall be
accessible in accordance with the standards of the Americans with
Disabilities Act.
iii. Permanent or temporary fences or other barriers as may be necessary to
provide adequate protection for the Protected Property or for the purposes
of public safety, or a public park, provided however, that such barriers
shall not restrict public access to the Protected Property.
iv. An amphitheatre for the performing arts, related purposes and activities on
an area of the easterly portion of the Protected Property (east of the access
way) where the natural topography will lend itself to such purposes with
minimal disturbance to the. natural topography, so long as they shall not
have a significant adverse impact upon the Protected Property, its view
shed, vegetation and landscape, and provided that they are consistent with
the use and character of the site as a preserved open space having scenic,
recreational, horticultural, agricultural, historic and cultural significance.
v. Structures, barns, buildings and recreational facilities for auacihiry park
purposes consistent with the purposes of this easement and provided they
shall be of a design, size, materials and content that are consistent with the
use and character of the site as a preserved open space having scenic,
recreational, horticultural, agricultural, historic and cultural significance.
vi. Roads and parking for those using the Protected Property for the purposes
providt.d herein, provided the parking and roads shall be of a design, size,
materials and content that is consistent with the use and character of the
site as a preserved open space having scenic, recreational, horticultural,
agricultural, historic and cultural significance.
(b) The right to conduct:
i. Festivals and other temporary public gatherings, educational and cultural
activities on the Protected Property so long as those activities will not have
a significant adverse impact upon the Protected Property and its view-
shed, vegetation and landscape and provided that such activities are
consistent `with the use and character of the site as a preserved open space
having scenic, recreational, horticultural, agricultural, historic and cultural
significance.
ii. Scientific or archeological activities which pertain to the study and
propagation of the vegetation located on the Protected Property, or to the
historic significance of the Protected Property, provided that such
activities will not significantly adversely impact the vegetation, landscape
or Protected Property and are consistent the use and character ofthe site as
R-0771
7
a preserved open space having scenic, recreational horticultural,
agricultural, cultural and historic significance.
Farming activities on existing fields provided such activities will not have
a. significant impact upon the Protected Property and its view-shed,
vegetation and landscape and provided that such activities are consistent
with the use and character of the site as a preserved open space having
scenic, recreational, horticultural, agricultural and historic significance.
(c) The right to plant, grow, trim and remove trees and plants on the Protected
Property, so long as any new vegetation planted on the Property will not have any
adverse impact upon the Protected Property and its view-shed, and provided such
vegetation is consistent with the use and character of the site as a preserved open
space having. scenic, recreational horticultural, agricultural and historic
significance.
(d) The right of ingress andegress to and from the Retained Property for itself_ its
lessees. tenants and their guests and invitees, successors and assigns, over and
across the access way which extends from Wheeler Hill Road to the Retained
Property specifically including access to Areas 1 (4.729+/-), 2(01195+/-),
3(0.121+/-), and 4(0.330-/'-) as shown on Exhibit B.
(e) The right to remove and/or maintain, reconstruct, rehabilitate and expand.existing
structures, buildings and appurtenances for park purposes, provided they shall be
of a design, size, materials and content that are consistent with the use and
character of the site as a preserved open space having scenic, `recreational,
horticultural, agricultural, historic and cultural significance.
(fl The right to utilize and maintain existing wells and sanitary systems and to
construct new wells and sanitary systems to provide for the needs of the Retained
Property, provided they shall be of a design, size, materials and content that are
consistent with the use and character of the site as a preserved open space having
scenic, recreational, horticultural, agricultural, historic and cultural significance.
(g) The right to utilize and maintain existing utilities to provide for the needs of the
zetained Property, provided they shall be of a design, size, materials and content
that are consistent with the use and character of the site as a preserved open space
having scenic, recreational, horticultural, agricultural, historic and cultural
significance.
(h) The right to install, maintain and reconstruct underground utilities for the needs of
the Retained Property in or adjacent to the access way, which extends from
Wheeler Hill Road to the Retained Property.
S. Public Access.
R-0771 $
There shall be public access to the Protected Property, except that access to those areas
customarily used for administrative, maintenance, safety and public health purposes, may be
restricted. Grantor may promulgate rules and regulations regarding hours of use for the public.
6. Inspection.
Grantee and its authorized agents, employees and representatives shall have the right to
enter the Protected Property upon reasonable notice to Grantor, at such times during normal
business hours and in such manner as will not unreasonably interfere with Grantor's use of the
Protected Property in accordance with this Easement, to examine and inspect the Protected
Property to ensure there are no violations, breaches or defaults of any term, provision, covenant
or obligation on Grantor's part to be obser,,ed or performed under this Easement.
7. Enforcement Rights of Grantee. :
Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this
Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of
-Grantee hereunder at law or in equity, in the event any breach, default or violation of any term,
provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this
Easement is not cured by Grantor within 30 days' notice thereof by Grantee (which notice
requirement is expressly waived by Grantor with respect to any such breach, default or-violation
which requires immediate action to protect the purpose of this Easement) Grantee shall have the
right (a) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or
permanent. injunction, or (b) to seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure compliance with the terms,
conditions, covenants, obligations and purpose of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be deemed to be a waiver o. a forfeiture
of any right or available remedy on Grantee's part with respect to such breach, default or
violation or with respect to any other breach, default or violation of any term, condition,
covenant or obligation under this Easement.
S. Baseline Data.
In order to establish the present uses and condition of the Protected Property so as to be
able to properly monitor its future uses and condition and assure compliance with the terms
hereof, Grantor will make available to Grantee existing documentation in its possession of the
natural condition of the Protected Property and Grantee have caused to be prepared such
additional documentation deemed appropriate by Grantee, including a survey of the Protected
Property showing its relationship to adjacent features and properties, and on-site photographs.
The aforementioned documentation shall constitute an inventory of the Protected Property's
relevant features and conditions (the 'Baseline Data"). The Baseline Data shall be kept on file at
Grantee's offices and shall be accessible to the Grantor upon reasonable notice during normal
business hours. The parties acknowledge and agree that in the event a controversy arises with
respect to the nature and extent of the present uses.or condition of the Protected Property, the
parties shall not be foreclosed from utilizing all other relevant or material documents, surveys,
reports, and other evidence to assist in the resolution of the controversy. To the extent Grantor
and Grantee have initialed the Baseline Data., such Baseline Data shall be presumed to be a
correct depiction of the Protected Property as of the date hereof.
R-0771
9. Grant in Perpetuity.
(a) The provisions of this Easement shall run with and be a burden upon the Protected
Property in perpetuity and shall be binding on Grantor and Grantee and their
respective successors and assigns, and any party entitled to possession or use of
the Protected Property while such party is entitled to such possession or use. Any
successor or assign of Grantee shall be a qualified organization within the
meaning of Article 49 and shall expressly assume the obligation.to carry out the
conservation purpose for which this Easement is granted and the other obligations
of Grantee hereunder.
(b) If Grantee or its successor or assign, ceases or fails (i) to enforce this Easement,
(ii) to exist, or (iii) to be a Qualified Organization, and upon the occurrence of
such event, fails to assign all its rights and interest in the Protected.Property, and
delegate all their responsibilities wider this Easement to a Qualified Organization,
then the rights and interest of Grantee under this Easement shall be vested in
another Qualified Organization in accordance with a Cy-Pres proceeding of a
court of competent jurisdiction.
10. Amendment.
This Easement can be modified only in accordance with the common and statutory law of
the State of New York applicable to the modification of easements or covenants running with the
land. Grantor and Grantee recognize that circumstances could arise which would justify the
modification of certain of the restrictions contained in this Easement including requirements
imposed on Grantorpursuant to licensing procedures or any authorized governrnent'al Incensing
or permitting agency. To this end, Grantee and Grantor shall mutually have the right, in their sol-
discretion, to agree to amendments to this Easement which are not inconsistent with the purpose
of the Easement provided, however, that the parties shall have no right or power to agree to any
amendments hereto that would result in this Easement failing to qualify as a valid conservation
easement under Article 49, any regulation issued pursuant thereto, and provided further that
Grantee shall agree-to the modification of this Easement to conform to such 'licensing procedures
or any other authorized governmental licensing or permitting agency.
11. Notice.
All notices required by this instrument must be in writing, and must be personally
delivered or deposited in a mail receptacle maintained by the united States Postal Service. A
mailed notice must be contained in an accurately. addressed, sealed envelope, marked for
delivery by first class registered or certified mail, with sufficient prepaid postage affixed and
with return receipt requested. Notices to Grantor and Grantee shall be addressed to their
respective addresses as set for the above, or to such other addresses as they may designate by
notice given in accordance with this Paragraph and to either of their attorneys as they may from
time to time designate by notice given in accordance with this Paragraph. Notice shall be
deemed given and received as of the date of its personal delivery or the date of its mailing in
accordance with this Paragraph.
12. Cooperation Agreement.
R-0771
10
Grantor and Grantee agree to cooperate to comply with the provisions of Article 49, and
the Regulations promulgated pursuant thereto, so that this Easement will qualify, as a.perpetual
conservation restriction, thereunder.
'13. Indemnification of Grantee.
Grantor agrees that Grantee has no affirmative obligation relating to maintenance of the
Protected Property. Grantor Lurther agrees that Grantee has no responsibility relating to costs,
claims or liability arising from personal injury, accidents, negligence, or damage to Protected
Property resulting from public or private use of the Protected Property allowed by, arising out of,
or resulting from this Easement. Grantor shall indemnify, hold harmless, defend and reimburse
the Grantee from and against any and all claims, actions, suits, damages, liabilities, penalties,
costs or,expenses, including reasonable attorneys' fees, of any kind or nature whatsoever on
account of injuries to or death of any person or damage to any Protected Property arising out of
Grantee' ownership of this Conservation Easement.
14. Grantor's Title.
Grantor represents and warrants to Grantee (a) that Grantor is seized of the Protected
Property in fee simple, and (b) that Grantor possesses full corporate rights and authority to grant
and convey this Easement pursuant to this instrument.
15. Grantee' Representations.
Grantee represents and warrants that it is a Qualified Organization.
16. Further Conveyance Ey Grantor.
The restrictions on alienation provided for in this easement are in addition to those
otherwise imposed on the alienation of parkland.
17. Miscellaneous.
(a) This Easement shall be binding on the parties and their respective successors and
assigns. The terms "Grantor" and "Grantee", wherever used herein, and any
pronouns used in place thereof, shall mean and include their respective successors
and assigns.
(b) If any provision of this Easement or the application hereof to any person or
circumstance is found to be invalid, the remainder of the provisions of this
Easement and the application of such provisions to persons or circumstances other
than those as to which it is found to be invalid shall not be affected thereby.
(c) In enforcing its rights hereunder with respect to a breach, default or violation of
this Easement, Grantee shall take into account the reasonableness of requiring
Grantor to cure the same and the time required to restore the Protected Property
under the relevant circumstances, including but not limited to the season of the
year and the accessibility of the Protected Property to Grantor.
R-0771 I
(d) All captions set forth herein are for convenience of reference only, and shall in no
event be construed to limit, enlarge or modify any substantive provision of this
Easement.
18. Transfer of Development Rights.
No development rights in and to the Protected Property, or any part thereof which have
been encumbered or extinguished by this Conservation Easement shall be transferred to any
location outside the Protected Property, whether pursuant to a cluster development plan or
any other agreement or plan for transferable development rights.
19. Extinguishment,
If a subsequent unexpected change in the conditions surrounding the Protected Property
_make impossible the falfillment of the conservation purposes of this Conservation Easement,
and if the restrictions are extinguished`by judicial proceeding, then, upon any subsequent
sale, exchange or involuntary conversion. by the Grantor, the Grantee herein shall be entitled
to share in such transaction in such proportion as the dollar amount of its respective grant
bears to the total appraised value of the Protected Property. It is agreed the Grantee's share
of such proceeds as referenced above shall be thirty three (33%) percent.
R-0771
12
IN WITNESS WHEREOF, Grantor has executed and delivered his Deed .of
Conservation Easement as of the date first set forth above.
GRANTOR:
Town of Wappinger
B
Joseph Ruggiero, Supervisor
GRANTEE:
County of Dutchess
By:
William R. Steinhaus, County Executive
STATE OF NEW YORK j
)SS.:
"COUNTY OF DUTCHESS )
On this day of in the year 2003,before me,the undersigned,a Notary Public in and for said State,personally appeared
JOSEPH RUGGIERO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his capacity. and :hat by his signature on the
instrument.the individuai,or the person upon behalf of which the individual acted,executed the instrument_
Notary Public
STATE OF NEW YORK )
)SS.:
COUNTY OF DUTCHESS )
On this day of in the year 2003,before me,the undersigned.a Notary Public in and for said State.personaily appeared
WILLIAM R,STELNHAUS,personally known to me or proved to rte on the basis ofsatis;actory evidence to be the individual whose name is
subscribed to the within instrument and acknowiedged to me that he executed the same in his c"acity, and that by his signature on the
instrument,the individual,or the person upon behalf or which the inaividuai acted.execured the instrument.,
Votary Public
R-0771 13
ti
Lands of the Town of Wappinger
Conservation Easement
94.259± Acre Parcel
Town of Wappinger
Outchess County, New York
Beginning at a point, said point being distant` North 700 44' 00" East 172.80 feet
from the northwesterly corner of Lot No. 19 as shown on a map entitled, "Riverdal
Subdivision" on file in the Outchess County Clerk's Office as Flie Map No. 5422, e
said point of beginning being at the southeasterly corner of lands now or formerly
Central Hudson Gas & Electric Corp., Liber 663, Page 412; thence leaving said point
of beginning and said southeasterly corner and running along the easterly line of
said Central Hudson Gas &. Electrical Corp., North 28° 23' 15" West 1218.16 feet
to a point being at the northeasteriy corner of said Central Hudson Gas & Electric
Corp., said point also being on the easterly line of lands now or formerly
Metropolitan Transit Authority; thence leaving said nor-Li-
-easterly earner and running
along the easterly line of said Metropolitan Transit Authority the following courses
and distances; North 35' 22' 30" East 58.70 feet and. North 26° 29' 1.5" East
3298 feet, North 52° 05' 20" East 334.01 feet, North 40° 31 ' 10" East 588.09
feet, North 48° 09' 50" West 67.02 feet, North 401 31 ' 40" East 51 .15 feet, North
54° 51' 35" East 44.39 feet, North 41' 13' 20" East 57.00 feet, North 47° 31'
50" East 100.75 feet, North 436 05' 35" East 100.10 feet, North 41013' 00" East
75.00 feet, North 32° 45' 50" East 25.22 feet, North 40° 48' 10"'East 100.01,
feet, North 31' 27' 55" East 168.19 feet, North 400 31' 10" East 100.00 feet on a
curve to the left having a radius of 6,238.00 feet and an arc length of 460.02 feet
(cord = North 38° 24' 25" East 459.92 feet), South 53° 42' 20" East 40.00 feet
and North 35° 35' 1G" East 92.15 feet to a point being at the southwesterly cornet
of lands now or formerly Kemmis (File Map Nd.6796); thence leaving said easterly
line of Metropolitan Transit Authority and said southwesterly corner and running
along the southerly line of said Kemmis, South 60° 53' 40"East 502.42 feet to a
point being on the southerly line of other lands of Kemmis, Liber 1231 , Page 202,
said point also. being on the easterly face of a stonewall fence; thence running along
the southerly line of said Kernmis along said stonewall face, South 19° 12' 00" East
60.00 feet to a point being at the southeasterly corner of said Kemmis, said point
also being cx. the westerly line of Wheeler Hill Road; thence leaving said
southeasterly corner and running along the westerly line of said Wheeler Hill Road,.
South 196 12' 00" East 6.27 feet; thence continuing along the easterly line of said
Wheeler Hill Road, South 18° 32' 15" East 15.92 feet to a point being in a
stonewall fence; thence continuing along the westerly line of said Wheeler Hill Road
along said stonewall fence the following courses and distances. South 190 31 ' 20"
East 217.55 feet, South 17' 57' 05" East 63.66 feet, South 196 04' 55" East
535.56 feet, South 190 36' 00" East 277.12 feet and South 20° 51 ' 10" East 7.16
feet; thence leaving said stonewall fence and continuing along the easterly line of
said Wheeler Hill Road, South 70° 26' 25" West 10.96 feet, South 201 54' 35"
East 476.83 feet and North 70° 25' 35" East 10.76 feet to a point being in the
aforementioned stonewall fence; thence continuing along the easterly line of said
Wheeler Hiii Road along said stonewall fence the following courses and distances:
EXHIBIT ' '`
South 190 191 15" East 157.17 feet, South 21° 08 05" Fast 183.96 feet and
South 190 56' 45" East 60.09 feet to a point being at the northeasterly corner of
lands now or formerly Vitale. Liber 1497, Page 798; thence leaving said westerly .
line of Wheeler Hill Road and said northeasterly corner and running along the
ncrtherfy line of said Vitale, South 71° 45' 50" West 200.00 feet to a point being
at the northwesterly corner of said Vitale, said point also being at the northeasterly
corner of Lot No.21 of the aforementioned Riverdale Subdivision; thence leaving
said common corner and running along the northerly fine of said Lot No.21 and the
northerly line of Lots No.20 and 19 the following courses and distances; South 71
46' 50" West 26.16 feet, South 71° 38` 30" West 698.64 feet, South 720 09' 50"
West 199.73 feet, South 71' 31' 30" West 47:23 feet, South 71' 22' 20" West
521 .19 feet, South 7211 08' CO" West 467.95 feet and South 7011 44' 00" West
56.30 feet to the point of beginning containing 99.6341 acres of land.
Excepting from the 99.634.- acre parcel of land, a 4.729:1 acre parcel, more
Particularly described as follows.-
Beginning
ollows:Beginning at a point, said point being distant: North. 2511 41' 19" East 349.29 feet
from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 5011 44' 59"
West 204.99 feet, North 360 16' 53" East 616.35 feet, North 430 59' 15" West
147.90 feet, North 430 28' 58" East 410.25 feet, South 44° 25' 56" East 183.449
feet, South 291 42' 16" West 424.81 feet, South 5611 50" 29" East 105.89 feet,
South 30' 49' 14" West 59.49 feet, North 570 1 1 ' 09" West 104.57 feet and
South 29° 47' 26" West 551.12 feet to the point of beginning containing 4.729
acres of land.
Also, excepting from the 99.634+ acre parcel of land, a 0.195:t acre parcel, more
particularly described as follows:
Beginning at a point, said point being distant: North 4711 05' 57" East 392.98 feet
from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 100 51 ' CO" East
106.00 feet, South 791 09' 00" East 80.00 feet, South 10° 51' 00" West 106.00
feet and North 79° 09' 00" West 80.00 feet to the point of beginning containing
0.195 t acres, (8,480±- square feet) of land.
Also excepting from the 99.634 - parcel of land, a 0.121 -- acre Parcel, more
particularly described as follows:
Beginning at a point, said point being distant: North 451 35' 39" East 600,67 feet
from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 16° 46' 00" East
84.00 feet, South 7311 14' 00" East 63.00 feet, South 16° 460011 West 84.00
feet, and North 731 14' 00" West 63.00 feet to the point of beginning containing
0.1 21 f acres (5,292- square feet) of land.
Also excepting from the 99.634- parcel of land a 0.330- acre parcel more
particularly described as fclfows:
Beginning at a point, said point being distant: North 23° 57' 04" East 1 ,487.92
feet from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 22° 43' 44" East
188.97 feet, North 62° 39' 44" East 51 .84 feet, South 2711 20' 16" East 46.40
feet, South 2211 43' 44" West 186,26 feet, South 881 17' 28" West 30,64 feet,
and North 671 16' 16" West 40.95 feet to the point of beginning containing
0.330-+- acres (14,380± square feet) of land.
Paggi, Martin & Del Sene, LLP
September 19, 2o03
2000-03(36)
EXHIBIT B
CONSERVATION EASEMENT MAP
R-0771 15
Z 1181HX3
Lands,of the Tcyrn of Wappinger
Conservation Easement
3425: Acre Parcel
TOV'In of Wappinger
Dutcl�ess County, Ne�,rr York
from
-L ing at a point, said point being distant: North 70° 44' 00 East 172.$0 feet
from the northwesterly corner of Lot No. 19
Subdivision" on file in the Outchess County Clerkas 's Office as File Maown On a map rplNa. 5422�a1e
said point of beginning being at the scutheasterly corner of (ands now or fcrmerl
Central Hudson Gas & Electric Corp., Liber 663, Page 412; thence leaving said paint
of beginning and said southeasterly corner and running along the easterly fine of
said Central Hudson Gas & le
SlectricG! Corp.. + o
to a point being at the nor,heasterfy corner of said Ce n1 Hudson Gas 23' 15' West 2ac$loot-cet
Corp., said point also being on the easter y fine of lands now or formerly
Metropolitan Transit Aut
along
hority; th en_ ce leaving said northeasterly corner and running
g th the easterly fine of said Metrc,;poiitan Transit Authority the following courses
and distances: North 35° 22` 30" East 5$.70 feet and North 261, 29' 1.:5" East
32.3$ fe-et, North 520 05' 20" East 3;;4.01 feet, North 40° 31
feet, North 480 09' S0" 1Nest 67 ' 10" East 5$8.09
.02 feet, North 40° 31 ' 40" East 51.15 feet, Nortj=
541 51 ' 35" East 44.39 fee*, North 410 1 3' ,
50" East 100.75 feet, North 43 05 s5 Eat J1n�ast 57AQ feet, Norh 47° 31'
'f � T � "
10
75.00 feet, North 32' 45' 50" East 25.2 reef, Ncrr'� 40' 43', North
E_013 0.0" East
n East 100.01
feet, North 31° 27' 55" East 165.19 fed~, North 40° 3,11 East
curve to the left having a radius of 6,.238.00 feet and an a c lengthlof 460.02 ton feeta
(cord = North 38° 24' 25" East 459.92 feet), South 530 42' 20" East 4
and North 35' 35' 10" East 92 ? r feet to a 0.CT0 feet
ow er formerlpoint: being at the southwesterly corer
Of lands ,, y Ker rr:is (File Map No.6796); thence leaving said easterly
fine of Metropolitan Transit Authority and said southwesterly corner and runnin
along the southerly fine of said Kemmis, south 60`' 53' 40' East 502.4 g
Point being on the southerly line of other lards of Kemmis, Liber 1231 , page20�
t
said point also being on the easterly face of a stonewall fence; thence running along
the southerly line of said Kemmis along said stonewall face, South 19" 12' 07" f=ast
60.00 feet to a point being at the scutheasterly comer of said Kemmis, said point
also being or the westerly line of Wheeler Hill Road; thence leaving said
southeasterly caner and running along the westerly fine of said Wheeler Hili Road,
South 19° 12' 00" East 6.27 feet; thence continuing along the easterly fine of said
Wheeler f-li!! Road, South ISS 32' 1 F" East 15.°? feet to a point being in a
stonewall fence; thence continuing along the westerly fine of said Wheeler Hill Road
along said stonewall fence the following courses and distances: South 19° 31 ' 20"
East 21 7.55 feet, South 171 57' 05" East 63.66 feet, South 19° 04' 55" East
5.35.56 feet. South 19° 36' 00" East 277.12 feet and South 20° 51 ' 10" East 7.16
feet; thence leaving said stcnewail fence and continuing along the easterly line of
said Wheeler Hill Road, South 70° 26' 25" West 10.06 feet, South 20° 54' 35"
East 476.83 feet and '%loth 70° 25' 35" East 10.76 rest to a paint being in the
aforementioned stcnev✓aff fence, hence continuing along the easterly line of said
:Vheeler Nil! Road along said stc--e':v_l; fence the fcifewing courses and distances:
EXHIBIT "zrr
South 19° , r; t2St , ^
� r 1 � t -7.1 7 fcRt, � r ° -,
v ' 0S'
South19° 5 uth C5" East 133.96 feet and.
E' 45 East 60.69 r,.o�
'eeL to a point being at the northeasterly 'Corner of
land no�v or arrrerly Vitale, Liber 1497
line of t�,1l,eer , Page 793; thence leaving said westerly
e. hill Road and said rnertr�easterili corner and running.along the
Hort erly fire or said Vitale, Soun 71° ' 5r
at the norrhlvest=rl corner 4o zale said
West 2GO.G0 feet to a point being
corner of Lot No.2lycf the aforerne tiioned Riverdale pointalubtji so Bing at the noron; thence theasterly
said common corner and running along the northerfy line of said Lot No 2leand 0th
northerly fine of Lots No.20 and 19 the following courses and distances; South 71
.
46' 50" West 26.16 feet, South 71° r
West 199.73 feet, S ° ;8 3Q,. West 69864 feet, South 72° 09' 50"
cut, 71 31 30 West 47.23 feet, South 71° 22,
521 .19 feet. South 72° Q8' 0Q" West 467.95 feet and South 70 0„ West
56.30 feet to the point of beginning containinggg 634 ° 00" West.
acres of land.
Excepting from the 99.534- acre parce! of rand, a 4,729 t
Particularly described as follows: acre parcel, more
Beginning ata point, said point being distant: North 250 41' 19" East 349.29 fee
from the above described point of beginning; t .
of
beginning and running the following courseand distances.- North 50° 44new 150-
- West 204.09 feet, North 26r 16' 53" East
147.r �a„� 616.35 feet, North 43° 59' 15" West
0 feat, !`forth 43° 28' 5-8- East 410.25 feet, South 440 -25' 56" Bast 183.49
feet. South 2911 42' 16" West 424.81 feet, South 560 50" 29" Ea c
South 300 49' 74' West 59.49 feet, North 57° ; 1' 04„ East 10x.89 iaet,
South 290 47' 26" West 551.12 feet to the point of beginning 9 conte nest 104.5 7 f ee wand
acres of land. g 729
Also, excepting from the 99.6.3=? acre parcel of land, a 0.1x5; acre parcel
particularly described as follows: , more
uegi;rning at a point, said point being distant: North 470 OS' 57" East 392.98
feet
from the above described point of beginni
beginning; thence leaving the new paint of ng and running the foilowing courses and distances: North 10° 51 ' 00.' Fast
106.00 feet, South 790 09' 00" East 80.00 `met c o
feet and North 79° 09 00" Ne .mouth 10 51 OC',
West 106.00
st 80.00 feet
0.195± acres, (8,480 i- square feet) of land. to the point of beginning containing
Also excepting from the 99.634_ parcel of land, a 0.121 = acre parcel, more
particularly described as follows:
Beginning at a point, said point being distant: North
from the above des � 451 35' 39" East 600.67 feet
c.ibed point of beginning; thence leaving the new
int of
beginning and running the.following courses and distances: North 16po46` 00" East
34.00 feet, South 73° 14' 00" East 63.00 feet, South 1 6° 46' 00" Wes
feet, and North 73° 14' r, t 84.00
0G West 63.04 feet to the point of beginning containing
0.1 21 = acres (5,292, square feet) of land.
Also excepting from the g� �- f
•o.�= parce; of land a 0.330, acre parcel more
Particularly described as feflc"S:
Beginning at a point, said pcir,t being dic Cant: North
feet from the above describedr 2 ° 5 04" cast 1,487.92
point C beginning; thence leaving the neve
beginning and running the following courses and distances.: North 22° 43'�4�t°f
1 88.97 feet, North 62° 39' 44" East 51 .34 feet, South 27° 20' 16" east 46.40 East
feet, South 22° 43' 44" West 185.26
feet, South Sao 17' 23" West 30.64 feet,
and North 67° 16' 16" West 40.95 feet to the point of beginning containing
0.330 - acres (14,380-- square feet) of land.
paggi, Martian Del Sone, !,F
September 19, 2003
2000-C.�(;�6i
DUTCHESS COUNTY CLERK MENU: FMCM058M
PHONE : 486-2134 22 MARKET STREET 1300154 RLM
POUGHKEEPSIE N.Y. 12601 DELETE N
RCPT NO DATE OTHER/DATE CODE CR/DEBIT CONT
R55515 06/22/04 RA C
RECEIVED FROM: COUNTY OF DUTCHESS TOWN 1 : WAPPINGER P/B : N
TOTAL FEE : TOWN 2 :
SUB TOTAL: #COMPLETED :
TYPE DOCUMENT ACCT# AMOUNT COMMENT COUNT
01 38 FILE MAP #11698 030 NO FEE BY LAW
02
03
04
05
06
MAP NAME :
SURVEY MAP MADE FOR CONSERVATION EASEMENT FOR TOWN OF WAPPINGER THE
CARNWATH ESTATE
NAME : C'ARNWATH ESTATE
JUN 2 2 2004
ZONING
APPIADMINISTRATOR
TOWN OF WNGER
RECEIVED
JUN 2 3 2004,
7"OWIV CLERK
PAGGI, MARTIN & DELBENE
Consulting Engineers & Land Surveyors
56 Main Street
POUGHKEEPSIE, NEW YORK 12601
(845) 471-7898 DATE JOB NO.
FAX (845) 471-0905 DECEMBER 3, 2003 2000-03(34)
ATTENTION
TO VERG IL I S S T EN G E R ROBERTS PERGAMENT & VIGLOTTI ALBERT P ROBERTS ESQ
RE.
1136 ROUTE 9 CARNWATH MANSION/GREYSTONE
TOWN OF WAPPINGER
WAPPIGNERS FALLS NY 12590
WE ARE SENDING YOU F1 Attached Ll Under separate cover via the following items:
> E Shop drawings E Prints El Plans El Samples F-1 Specifications
D
Copy of letter D Change order El
COPIES DATE NO. DESCRIPTION
copy of Survey
THESE ARE TRANSMITTED as checked below:
El For approval El Approved as submitted D Resubmit_copies for approval
F1 For your use [I Approved as noted Ll Submit copies for distribution
> L1 As requested F- Returned for corrections 0 Return corrected prints
0 For review and comment 1-1
El FOR BIDS DUE 1:1 PRINTS RETURNED,AFTER LOAN TO US
REMARKS
COPY TO.- (1)-Town Clerk, (1) Tow-n Supervisor SIGNED:..
RESOLUTION NO. 2003-238
RESOLUTION CONSENTING TO THE COUNTY OF DUTCHESS ACTING AS LEAD
AGENCY IN CONNECTION WITH A CONSERVATION EASEMENT AFFECTING
THE CARNWATH ESTATE
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 22nd
day of September, 2003, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmen - Robert L. Valdati
Vincent F. Bettina
Joseph Paoloni
ABSENT: Christopher Colsey
The following Resolution was introduced by Mr. valdati and seconded by
Mr. Bettina
WHEREAS, in 1998, the Town acquired property then known as the Greystone Estate
and now known as the Carnwath Estate located on Wheeler Hill Road in the Town with frontage
along the Hudson River; and
WHEREAS, the property consists of approximately.99.5 acres of land,portions of which
are improved by a 19t mansion, a dormitory building, a large chapel, a carriage house and other
related buildings and detached structures; and
0AWappingeffown Board\RESOLUTION\Greystone-Cons Easement-Lead Agency.doc
3. The Town Board hereby consents to the County of Dutchess being Lead Agency
for the SEQ RA review as required by Article 8 of the Environmental Conservation Law,Part
617 NYCRR{commonly Down as SEQRA}.
4. Except as modified by this Resolution,Resolution No. 2003-175 adopted by the
Town Board on June 23, 2003 is hereby otherwise ratified, adopted and reconfirmed.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
Voting Aye
ROBERT L. VALDATI, Councilman
Voting y_
VINCENT F. BETTINA, Councilman
Voting Aye
JOSEPH P. PAOLONI, Councilman
Voting Absent
Absent
CHRISTOPHER J. COLSEY, Councilman Votin g
Dated: Wappingers Falls,New York
September 22, 2003
The Resolution is hereby duly declared adopted.
- a
e
GLORIA J. MOR O CLERK
Easement-Lead Agency.doc
O:Mappingeffown Board\RESOLUTION\Greystone-cons
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI,LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12594 OF COUNSII.:
EI NNETH At STENGER (845}298 20()0 IRA A.PERGAMENT
ALBERT R ROBERTS GARRETTLEGAL ASSISTANT:
JOANLOUIS J. ARRETT* FAX(845)298-2842 AMY E.DECARLO
F. *
THOMAS R.DAVIS a-mail:VSRP®BestWeb.net POUGEKEEPPSM OFFICE
EMANUEL E SARIS 276 MAIN MALL
POUGHIG?EPSM NY 12601
KAREN P.MACNISH (845)452-1046
KEVIN T.MCDERMOTT
STEVEN K.PATTERSON PINE PLAINS OFFICE
JAY B.RENFRO 2990 CHURCH ST.
P.O.BOX 21
*ADhR7TM TO PRACTICE PINE PLAJ NS,NY 12567
IN NY&FLA
(518)398-9857
**ADhff=TO PRACTICE
IN NY&CONN. ADDRESS REPLY TO:( )POCTGu_yFGPo*a
[ )WAPPINGERS
( )PINE PLAINS
VIA FACSIMILE (896-5340) AND REGULAR MAIL
October 9, 2003
McGrath&Associates
1069 Main Street
Fishkill,New York 12524
Attention: Mr. Donald McGrath
Re. Carnwath Estate (formerly Greystone'Estate)'
Conservation Easement between the Town of Wappinger with the County of
Dutchess and the Dutchess Land Conservancy, Inc.
File No. 12951.0676
Dear Don:
Several years ago you prepared an appraisal of the Greystone property in connection_with
the Town's purchase of same. The Town has applied to Dutchess County for a Grant to
off set the cost of purchase. The County has asked for your written authorization to rely
on the Statement of Value in said appraisal. Would you kindly submit such written
authorization to the County of Dutchess sent to the attention of Anthony J. DeRosa,
Senior Assistant Dutchess County Attorney.
Thank you for anticipated cooperation.
Very P71l, y yours,
ILIT
IS, STENGER, ROBLRTS, PERGAMENT&VIGLOTTI, LLP
P. ROBERTS
APR/bg
cc: Hon. Joseph Ruggiero, Supervisor
Hon. Gloria Morse, Town Clerk
Town Board File
Roger Akeley, Commissioner
Joseph E. Paggi, Jr., P.E.
Daniel K. Wery, AICP
Roger Muroran of Fraser&Associates
Anthony J. DeRosa, Senior Assistant Dutchess County Attorney
Y
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI,LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A.VERGILIS* WAPPINGERS,FALLS,NEw YORK 12590 OF COUNSEL:
KENNETH M.STENGER IRA A.PERGAMENT
ALBERT P.ROBERTS _ (845) 298-2000
LEGAL ASSISTANTS:
LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO
JOAN AS R.R DAVISA
THOMAS e-mailVSRP@BegtWeb.net LISA MARTEL L
POUGHREEPSIE OFFICE
KAREN P.MACNISH 276 MAIN MALL
KEVIN T.MCDERMOTT POUGHRMPSIB,NY 12601
STEVEN K.PATTERSON (845)452-1046
JAY B.RENFRO
- PINE PLAINS OFFICE
*ADNUrrED TO PRACIICE 2990 CHURCH ST.
IN NY&PLA
P.O.BOX 21
"ADNWfM TO PRACTICE PINE PLAINS,NY 12567
IN NY&CONN. (518)399-9857
July
/fiADDRESS REPLY TO.( ]POUGHKEEPSSEE
July 7, 2003 ( )WAPPINGERS
- [ )PINE MAWS
Dutchess County Attorney
22 Market Street
Poughkeepsie,New York 12601
`- Attention: Anthony J. DeRosa, Senior Assistant Dutchess County Attorney
Re: Carnwath Estate (formerly Greystone Estate)
Consservation.Easement between the Town of Wappinger, County of Dutchess and
Dutchess Land Conservancy, Inc.
File No. 12951.0574
Dear Tony:
On June 16, 2003, I forwarded you a marked-up copy of a proposed Conservation
Easement. Inadvertently, you were not provided with an updated draft which I enclose
for your review and comment. The draft Easement that your office emailed to my office
was not fully appropriate for the Wappinger property Carnwath Estate (formerly
Greystone Estate)—hence the numerous changes.
It is extremely imperative that I get to meet with your regarding this Easement as soon as
possible. There is approximately$285,000 in Grant monies coming to the Town of
Wappinger as soon as this Easement is resolved and it is imperative that we receive this
money as soon as possible.
Your prompt attention is urgently requested.
Very truly yours,
AR
, STENGER, ROBERTS,PERGAMENT &VIGLOTTI,LL �SX\iROBERTSVo�0 V 4
0:IWAPPINGF1Town Board\Camwath frta GreystoneiConservation Easement1070703-TD.doe
cc: Han. Joseph Ruggiero, Supervisor
Hon. Gloria Morse, Town Clerk
i Town Board Fite
roger Akeley, Commissioner
Joseph E. Paggi, Jr., P.E.
Daniel K. Wery, AICP
O:IWAPPINGENTown Board\Camwath fna Greystone\Conservation Easement1070703-TD-doc
t
VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP
ATTORNEYS AND COUNSELORS AT LAW
R
1136 ROUTE 9
GERALD A.VERGILIS* V4APPINGERS FALLS,NEW YORK 12590
KENNETH M.STENGER OF COUNSEL:
ALBERT P.ROBERTS (845) 298-2000 IRA A.PERGAMENT
LOUIS J.VIGLOTTI FAX(845)298-2842 LEGAL ASSISTANT-
JOAN F.GARRM** AMY E_DECARLO
THOMAS R.DAVIS e-mail.,VSRP@BestWeb.net
E AANUEL F.SARIS POUGHKEEPSIE OFFICE
276 MAIN MAT 7 -
KAREN P.MACNISH POUGHKEEPSIE,NY 12601
KEVIN T.MCDERMO'IT (845)452-1046
STEVEN K.PATTERSON PINE.PLAINS OFFICE
JAY B.RENFRO 2990 CHURCH ST.
.ADDED TO PRACTICE P.O.BOX 21
IN TAY q FLA. PINE PLAINS,NY 12567
(518)398-9857
ssAD TOPRACTICE .
IN NY CONN.
ADDRESS REPLY TO:( )POUGFIKEUSIE
i i n:;r"rLvv�ic5
( )
VIA FACSIMILE (486-2002) AND REGULAR MAIL PINE PLAINS
September 17, 2003
Dutchess County Attorney `� ,��
22 Market Street #�
Poughkeepsie, New York 12601 t `
Attention: Anthony J. DeRosa, Senior Assistant Dutchess County Attole " ' 'E
Re: Carnwath Estate (formerly Greystone Estate)
Conservation Easement between the Town of Wappinger with the County of
Dutchess and the Dutchess Land Conservancy, Inc. RECEIVED
File No. 12951.0676
Dear Tony:
SEP 19 2003
TOWN CLERK
Reference is made to your proposed Conservation Easement regarding the above. I
commend you on a job very well done, especially considering the complexities that this
docurnent must address.
Subsequent to my conversation with you, I received a telephone call from Roger Murman
who raised some subtle points and/or proposed changes which I will identify
sequentially:
• P. 4, ¶3(b) —add at end: "... which right of review and/or approval shall
be undertaken within thirty days by the Dutchess County Department of
Planning or any successor organization or department, which right of
review and/or approval shall not be unreasonably or arbitrarily withheld."
• R 5, 14(a)ii—insert on the first line after"gardens": "... farm fields ...".
• P. 5, 14(a)v—insert in the first line after"structure: "... barns ...".
0:IWappingerM)wn BoardlCamwath fna GreystonelConservation Easement1091603-TD.doc
• P. 5,14(a)vi--first line is to be redrafted as follows. "Roads and parking
for those using the Retained Property and the Protected Property for the
purposes provided herein ...".
• P. 6, 14(b)i—first line is to be redrafted as follows: "Festivals and other
temporary public gatherings, educational and cultural activities ..."
• P. 6, 14(b)—insert a new subsection as follows: "iii. Farming activities on
existing fields provided such activities will not have a significant impact
upon the Protected Property and its view-shed, vegetation and landscape
and provided that such activities are consistent with the use and character
of the site as a preserved open space having scenic, recreational,
horticultural, agricultural and historic significance."
• In view of the previous comment, I would suggest that P. 4(a)i, ii, iv, v, P.
4(b)i, ii, P. 4(c), (e), (0, and (g) and P. 6 have the words "agricultural"
inserted after the word "horticultural".
• P. 7, '4(d)—insert at the end of the section: "...specifically, including
excess to Areas-1 (4.729+), 2 (0.195+), and 3 (0.121+), as shown on
Exhibit"B".
• P. 7, 14(e)—insert in the first line after the words "the right to":
remove and/or maintain ...".
I believe you have already made the minor typo corrections that we previously discussed.
The above changes were requested by Mr. Murman to coincide with his firm's Master
Plan for the use of this property. I do not believe any of the these proposed changes are
inconsistent with the stated purposes of the Conservation Easement.
Thank you for your courtesy and attention.
Very truly yours,
VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP
RT . OBERTS
APR/bg
cc: Hon. Joseph Ruggiero, Supervisor
Hon. Gloria Morse, Town Clerk
Town Board File
Roger Akeley, Commissioner
Joseph E. Paggi, Jr., P.E.
Daniel K. Wery, AICP
Roger Murman of Fraser&Associates
0:1WappingerlTown BoardlCamwath fna Greystone\Conservation Easemenf691603-TD.doc
VERGELis, STENGER, ROBERTS, PERGAMENT & VIGLOTTI,LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL:
KENNETH M.STENGER IRA A.PERGAMENT
ALBERT P.ROBERTS (845)298-2000
LEGALASSISTANT:
LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO
JOAN F.GARRETT** —
THOMAS R.DAVIS e-mail:VSRPOBestWe6.net POUGHKEEPSIE OFFICE
EMANUEL,F.SARIS 276 MAIN MALL
POUGHKEEPSM,NY I2601
KAREN P.MACNISH (845)452-1046
KEVIN T.McDERMOTT
STEVEN K.PATTERSON PINE PLAINS OFFICE
JAY B.RENFRG 2990 CHURCH ST.
PO.BOX 21
.ADHD.1.0 PRAMCE PINE PLAINS,NY 12567
IN NY&PLA. (518)398-9857
••ADN fi9'HDTOPRACTICE
IN NY&CONN. ADDRESS REPLY TO.( )POUGHKEEPSIE
{ )WAPPINGERS
( )PINE PLAINS
July 7, 2004
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Joseph Paoloni, Deputy Supervisor
Re: Carnwath Farms Conservation Easement Conveyance between the Town of
Wappinger with the County of Dutchess and the Dutchess Land Conservancy,
Inc.
File No. 12951.0676
Dear Joe:
Enclosed herewith please find a Baseline Documentation Statement from the Dutchess
County Attorney's office regarding the above referenced closing.
Y
yours,
S, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP
P. ROBERTS
APRIbg
cc: Hon. Gloria Morse, Town Clerk
Town Board File
Gerald Terwilliger, Comptroller
11Vsrp031CommonlWappingerlTown BoardlCamwath fna GreystonelConservation Easement10706044P_doc
Baseline Documentation
Property: Greystone(Carnwath) Property
Wheeler Hill Road (75-99 Coblestone Road)
Grid No. 19-6057-03-487186
Town of Wappinger
Dutchess County, New York
Pursuant to Section 8, 'Baseline Data," of the Conservation Easement executed this day by the
Town of Wappinger and the County of Dutchess, the parties agree the application prepared by Paggi,
Martin and Delbenne, LLP, Consulting Engineers and Land Surveyors, 56 Main Street, Poughkeepsie,
New York 12604, submitted by the Town to the Dutchess County Open Space and Agricultural Protection
Matching Grant Fund, dated July 13, 2000, represents the present uses and conditions of the Property at
the time of the conveyance of this Conservation Easement. It contains, among other things: one Full
Environmental Assessment Form, Mathew D. Rudikoff, Inc., submitted May 4, 2000; an Environmental
Protection Fund 1999 Acquisition Grant application, submitted August 9, 1999; and a Summary Appraisal
Report: "Greystone House, Inc." McGrath, Basciani &Associates submitted July 7, 1998.
By this instrument the parties shall be deemed to have fully initialed the Baseline Data contained
within the above referenced application.
Dated: June 22, 2004
Town of Wa nger County of Dutchess
c
sy: By:
s p Pao and Ant�DeRos
eputy Supervisor Chief Assistant County Attorney
STATE OF NEW YORK )
STATE OF NEW YORK } SS.-
SS:
S;SS: COUNTY OF DUTCHESS }
COUNTY OF DUTCHESS )
On this 22nd day of June, 2004, before me, the
On this 22nd day of June, 2004, before me, the undersigned, a Notary Public in and for said State,
undersigned, a Notary Public in and for said State, personally appeared ANTHONY DE ROSA, perso.naily
personally appeared JOSEPH PAOLONI, personally known known to me or proved to me on the basis of satisfactory
to me or proved to me on the basis of satisfactory evidence evidence to be the individual whose name is subscribed to
to be the individual whose name is subscribed to the within the within instrument and acknowledged to me that he
instrument and acknowledged to me that he executed the executed the same in his/her capacity, and that by his
same in his/her capacity, and that by his signature on the signature on the instrument, the individual or the person
instrument,the individual or the person upon behalf of which upon behalf of which the individual acted, executed the
the individual acted,executed the instrument. instrument,
Qj� �zri
Notky PublicNotary Public
rtU i H f F 1 IVAYANI
Notary Public, State of New York DOROTHY P TRAPANI
Reg.# 01 TR4889663 Notary Public, State of New York
Qualified in Ulster Countyag g1TF14888863
Commission Expires April 20,202 qualified in Ulster Courtty
Commission Expires April 20,200,,,.
R-0771
VERGII.IS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI,LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A.VERGIUS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL:
KENNETH M.STENGER (845)298-2000 IRA A.PERGAMENT
ALBERT P.ROBERTS LEGALASSISTANT:
LOUIS J.VIGL.OTTI FAX(845)298-2942 AMY E.DECARLO
JOAN E GARREIT" e-mail.VSRP@BestWeb,aet
POUGHKEE N OFFICE
THOMAS R.DAVIS
EMANUEL F.SARIS 276 MAIN MALL
POUGHKEEPSIE,NY 12601
KAREN P.MACNISH (845)452-1046
KEVIN T,McDERMOTT
PINE PLAINS OFFICE
STEVEN K.PATTERSON
2990 cHuxcH sz:
JAY B.RENFRO P.O.BOX 21
PINE PLAINS,NY 12567
•ADMME.D TO PRACTICE
IN NY R PLA. (518)398-9857
=•ADMITTED TO PRACTICE
IN NY k CONN_ ADDRESS REPLY TO:( )POUGHI�PSIE
( )WAPPINGERS
{ )PR+Is:PLAINS
VIA HAND DELIVERY
June 22, 2004
RECEIVED
Town Board
Town of Wappinger JUN z 2 2004
20 Middlebush Road
Wappingers Falls,New York 12590 TowN CLERK
Attention: Hon. Joseph Paoloni, Deputy Supervisor
Re: Carnwath Farms Conservation Easement between the Town of Wappinger with
the County of Dutchess and the Dutchess Land Conservancy, Inc.
File No. 12951.0676
Dear Joe:
In connection with the above matter which closed at 9:00 a.m. this morning at the
Dutchess County Attorney's office, I am enclosing herewith Dutchess County Check No.
4940 made payable to the Town of Wappinger in the sum of$277,062.10 representing
the grant amount for eligible costs of the Town's acquisition of the Carnwath Estate
(formerly Greystone Estate).
As per the attached closing statement,the grant was determined on the basis of 93.805
eligible acres at$2,666.66 an acre (113 of the appraised value)totaling $250,146.66,
plus common related acquisition costs of$26,915.44. The related acquisition costs were
compiled by the Comptroller staff and forwarded directly to the County. It is my
understanding that we received 100% of the related acquisition costs.
WsrpW\CommonlWappinger\Town BoardlCamwath fna Greystone\Conservation Fasement1062204.doc
Closing Statement:
Closing Held: June 22, 2004 at the Dutchess County Attorney's Office
County Office Building
22 Market Street
Poughkeepsie, New York
9:00 A.M,
Parties Present: Joseph Paoloni, Deputy Supervisor
Anthony De Rosa, Chief Assistant County Attorney
Albert Roberts,Town Attorney
Carol Otter(Title Company Representative)
Buyers: Seller:
Dutchess County Town of Wappinger
22 Market Street P.O. Box 324
Poughkeepsie, NY 12601 20 Middlebush Road
Wappinger Falls, NY 12590
Premises in Dutchess County, New York:
Street Town Tax Map Identifier No.
75-99 Coblestone Road Wappinger 6057-03-487186-00
Purchase Price:
93.805 grant eligible acres at $2,666.66 acre (113 of appraised value) .,........ $250,146.66
Related Acquisition Costs...................................................................................................................$ 26.915.44
Total $ 277,062.10
DC Paicf&Closing.
1. Easement (Check#4940).................................................$277,062.10
2. Tri-County Abstract (Check#4939)............ ............$ 1,558.00
This closing represents Dutchess County's acquisition of a 94±-acre Conservation
Easement from the Town of Wappinger (Protected Property located at 75-99
Coblestone Road, Town of Wappinger, Dutchess County, New York, Tax Map Identifier
6057-03-487186-00) to help fund the Town's purchase of a fee interest in the Property.
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VERGII.IS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI,LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A.VERGILJS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL:
KENNETH M.STENGER IRA A.PERGAMENT
ALBERT P.ROBERTS (845) 298-2000
LEGAL ASSISTANT:
LOUIS J.VIGLOrI'II FAX(845)298-2842 AMY E.DECARLO
JOAN A GARRETT**
THOMAS R.DAVIS a-mail:VSRPOBestWeb.not POUGHKEEPSIE OFFICE
EMANUEL F.SARIS 276 MAIN MALL
POUGHKEEPSIE,NY 12601
KAREN P.MACNISH (845)452-1046
KEVIN T.MCDERMOTT
CE
STEVEN K.PATTERSON PINE PLAINS ST.
JAY B.RENFRO 2990 CHURCHHST
P.O.SOX 21
•ADAffITED TO PRACTICE PINE PLAINS,NY 12567
IN NY&FCA. (518)398-9857
••ADMITTED TO PRACTICE
IN NY&CONN. ADDRESS REPLY TO:( }POUGFUCEEPSIE
[ )WAPPINGERS
{ }PINE PLAINS
December 15, 2003
Dutchess County Attorney
22 Market Street
Poughkeepsie, New York 12601
Attention: Anthony J. DeRosa, Senior Assistant Dutchess County Attorney
Re: Carnwath Estate (formerly Greystone Estate)
Conservation Easement between.the Town of Wappinger with the County of
Dutchess and the Dutchess Land Conservancy, Inc. .
File No. 12951.0676
Dear Tony:
I am enclosing herewith a certified copy of a Resolution adopted by the Town Board on
December 8, 2003. Please advise when we may schedule the closing. I believe Jay Paggi
has forwarded the requested survey maps.
VerJ�E holy yours,
IS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP
P. ROBERTS
APR/b7
cc: Hon. Joseph Ruggiero, Supervisor
Hon. Gloria Morse, Town Clerk
Town Board File
Joseph E. Paggi, Jr., P.E.
Mr. Roger H. Murman, R.L.A.
0:1WappingerlTown BoardlCarnwath fna Greystone\Conservation Easement1121503-TD.doe
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI,LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL:
KENNETH M.STENGER IRA A.PERGAMENT
ALBERT P.ROBERTS (845)298-2000
LEGAL ASSISTANTS:
LOUIS 1.VIGLOTYI FAX(845)298-2842
AMY$.DECARLO
JOAN F.GARREYI-i LISA MARTELL
THOMAS R DAVIS email:VSRP�BestWeb net
POUGHKEEPSIE OFFICE
KAREN P.MACNISH 276 MAIN MALL
KEVIN T.MCDERMOT£ POUGEIMEPSIE,NY 12601
STEVEN K.PATTERSON (845)452-1046
JAY B.RENFRO
PINE PLAINS OFFICE
•ADMITTED TO PRACTICE 2990 CHURCH ST.
INNYRFLA P.O.BOX 21
..ADfArrrED TO PRACTICE PINE PLAINS,NY 12567
IN NY&CONN. (518)398-9857
ADDP.ESS"aEPL:TO:( )PQ1?;3X-gam -IZ-
( )WAPPINGERS
( )PINE PLAINS
VIA OVERNIGHT DELIVERY
Airborne Tracking No. 3277 884 2213
June 25, 2003
Dutchess County Attorney
22 Market Street
Poughkeepsie, New York 12601
Attention: Anthony J. DeRosa, Senior Assistant Dutchess County Attorney
Re: Carnwath Farms
Conservation Easement
File No. 12951.0574
Dear Tony:
Enclosed hereivith please find a survey map last revised on June 13, 2.003 prepared
for
Carnwath Farm's Conservation Easement with the County of Dutchess and Dutchess
Land Conservancy, Inc.
Please call me.
P
y yours,
IS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP
P. ROBERTS RECEIVED
APR/bg
Enclosure JUN 2 6 2003
TOWN CLERK
O:IWAPPINGE1Tovm BoardlCarnwath fna GreystonelConservation Easement1062503-AD.doc
cc w/o enclosure: Hon. Joseph Ruggiero, Supervisor
Hon. Gloria Morse, Town Clerk
Town Board File
Joseph E. Paggi, Jr., P.E.
Daniel K. Wery, AICP
OAWAPPINGE\Town Board\Camwath fna Greystone\Conservation Easemeat1062503-AD.doc
VERGILIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI,LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE,9
GERALD A.VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL:
KENNETH M.STENGER IRA A.PERGAMENT
ALBERT P.ROBERTS (845)298-2400 LEGAI ASSISTAAIT:.
LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO
JOAN F.GARRETT"
THOMAS R.DAVIS a-mail:VSRP@�BestWeb.net POUGHKEEPSIE OFFICE
E.MANUEL F.SARIS 276 N AIN MALL
POUGHKEEPSIE,NY 12601
KAREN P.MACNISH (845)_.152-1046
KEVIN T.McDERMOTT s
STEVEN K.PATTERSON PINE PLAINS OFFICE
JAY B.RENFRO
2990 CHURCH ST.
RO"BOX 21
'ADMITTED TO PRACTICE PINE PLAINS,NY 12567
IN NY&FI.P (518)398-9857
'•ADMITTED TO PRACTICE - -
IN NY&CONN. ADDRESS REPLY TO:( )POUGFIICEEPSIE
( )WAPPINGERS
VIA FACSTI ULE (471-0905)AND R-EE ULAR MAIL c )PINE PLAINS
December 2, 2003
Paggi, Martin&Del Bene RECEIVED
54-56 Main Street DEC 0 A '0063
Poughkeepsie, New York 12601
Attention: Joseph E. Paggi, Jr., P.E. TOWN CLERK
Re: Carnwath Estate(foarznerly Greystone Estate)
Conservation Easenxent between the Town of Wappinger with the County of
Dutchess and the .Dutchess Land Conservancy, Inc.
File No. 12951.0676
Dear Jay:
I presume you have received a copy of Tony DeRosa's letter of November 25, 2003
regarding the above. Please note Tony's request for the various survey maps. I would
suggest that you prepare three additional copies—one to be maintained by the Town
Clerk, one for the Town Supervisor's file, and one for my office. Call me if you have
any questions.
Thank you for your courtesy and attention.
Very�y yours,
VERG S 'STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP
RECEIVE
BE P. ROBERTS
APR/bg
cc: Hon: Joseph Ruggiero; Supervisor TOir�;
Hon Gloria Morse, Town Clerk
Town Board File.
Anthony J. DeRosa, Senior Assistant Dutchess County Attorney.
0:1WappingenTown BoardlCamwath fna GreystoneiConservation Easement11202034EPAOC
Lands of the Town of Wappinger Conservation Easement
94.259+ Acre Parcel
Town of Wappinger
Dutchess County, New York
Beginning at a point, said point being distant- North 701 44' 00" East 172.80 feet
from the northwesterly corner of Lot No. 19 as shown on a map entitled, "Riverdale
Subdivision" on file in the Dutchess County Clerk's Office as File Map No. 5422,
said point of beginning being at the southeasterly corner of lands now or formerly
Central Hudson Gas & Electric Corp., Liber 663, Page 412; thence leaving said point
of beginning and said southeasterly corner and running along the easterly line of
said Central Hudson Gas & Electrical Corp., North 280 23 15" West 1218.16 feet
to a point being at the northeasterly corner of said Central Hudson Gas & Electric
Corp., said point also being on the easterly line of lands now or formerly
Metropolitan Transit Authority; thence leaving said northeasterly corner and running
along the easterly line of said Metropolitan Transit Authority the following courses
and distances: North 350 22' 30" East 58.70 feet and North 261 29' 15" East
32.98 feet, North 52* 05' 20" East 334.01 feet, North 40' 31 ' 10" East 588.09
feet, North 48' 09' 50" West 67.02 feet, North 40' 31' 40" East 51 .1'5 feet, North
540 51 ' 35" East 44.39 feet, North 41' 13' 20" East 57.00 feet, North 470 31'
50" East 100.75 feet, North 43' 05' 35"• East 100.1'0 feet, North 411131 00" East
75.00 feet, North 32' 45' 50" East 25.22 feet, North 400 48' 10" East 100.01
feet, North 31' 27' 55" East 168-19 feet, North 400 31' 10" East 100-00 feet on a
curve to the left having a radius of 6,238.00 feet and an arc length of 460.02 feet
(cord = North 38' 24' 25" East 459.92 feet), South 53' 42' 20" East 40.00 feet
and North 350 35' 10"" East 92.15 feet to a point being at the southwesterly corner
of lands now or formerly Kemmis (File Map No.6796); thence leaving said easterly
line of Metropolitan Transit Authority and said southwesterly corner and running
along the southerly line of said Kemmis, South 60' 53' 40" East 502.42 feet to a
point being on the southerly line of other lands of Kemmis, Liber 1231, Page 202,
said' point also being on the easterly face of a stonewall fence; thence running along
the southerly line of said Kemmis along said stonewall face, South 19' 12' 00" East
60.00 feet to a point being at the southeasterly corner of said Kemmis, said point
also being on the westerly line of Wheeler Hill Road; thence leaving said
southeasterly corner and running along the westerly line of said Wheeler Hill Road,
South 19' 12' 00" East 6.27 feet; thence continuing along the easterly line of said
Wheeler Hill Road, South 18' 32' 15" East 15.92 feet to a point being in a
stonewall fence; thence continuing along the westerly line of said Wheeler Hill Road
along said stonewall fence the following courses and distances: South 19' 31 ' 20"
East 217.55 feet, South 170 57' 05" East 63.66 feet, South 190 04' 55" East
535.56 feet, South 190 36' 00" East 277.12 feet and South 20' 51' 10" East 7.16
feet; thence leaving said stonewall fence and continuing along the easterly line of
said Wheeler Hill Road, South 700 26' 25" West 10.96 feet, South 20' 54, 35"
East 476.83 feet and North 700 25' 35" East 10.76 feet to a point being in the
aforementioned stonewall fence; thence continuing along the easterly line of said
Wheeler Hill Road along said stonewall fence the following courses and distances:
South 191 19' 15" East 157.17 feet, South 21"08' 05" East 183.96 feet and
South 19" 56' 45" East 60.09 feet to a point being at the northeasterly corner of
lands now or formerly Vitale, Liber 1497, Page 798; thence leaving said westerly
line of Wheeler Hill Road and said northeasterly corner and running along the
northerly line of said Vitale, South 71' 46' 50" West 200.00 feet to a point being
at the northwesterly corner of said Vitale, said point also being at the northeasterly
corner of Lot No.21 of the aforementioned Riverdale Subdivision; thence leaving
said common corner and running along the northerly line of said Lot No.21 and the
northerly line of Lots No.20 and 19 the following courses and distances; South 71'
46' 50" West 26.16 feet, South 71' 38' 30" West 698.64 feet, South 72° 09' 50"
West 199.73 feet, South 71' 31' 30" West 47.23 feet, South 71" 22' 20" West
521 .19 feet, South 720 08' 00"West 467.95 feet and South 701 44' 00" West
56.30 feet to the point of beginning containing 99.6341 acres of land.
Excepting from the 99.6341 acre parcel of land, a 4.7291 acre parcel, more
particularly described as follows:
Beginning at a.. point, said point being distant: North 25° 41' 19" East 349.29 feet
from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 500 44' 59"
West 204.99 feet, North 360 16' 53" East 616.35 feet, North 430 59' 15" West
147.90 feet, North 430 28' 58" East 410.25 feet, South 440 25' 56" East 183.49
feet, South 290 42' 16" West 424.81 feet, South 560 50" 29" East 105.89 feet,
South 300 49' 14" West 59.49 feet, North 570 11' 09" West 104.57 feet and
South 290 47' 26" West 551.12 feet to the point of beginning containing 4.729:L-
acres
.729±acres of land.
Also, excepting from the 99.634± acre parcel of land, a 0.195± acre parcel, more
particularly described as follows:
Beginning at a point, said point being distant: North 471 05' 57" East 392.98 feet
from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 10° 51 ' 00" East
106.00 feet, South 790 09' 00" East 80.00 feet, South 100 51' 00" West 106.00
feet and North 79° 09' 00" West 80.00 feet to the point of beginning containing
0.195± acres, (8,480± square feet) of land.
Also excepting from the 99.634± parcel of land, a 0.121 t acre parcel, more
particularly described as follows:
Beginning at a point, said point being distant: North 450 35'" 39" East 600.67 feet
from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 160 46' 00" East
84.00 feet, South 731 14' 00" East 63.00 feet, South 160 46' 00" West 84.00
feet, and North 730 14' 00" West 63.00 feet to the point of beginning containing
0.121 ± acres (5,292± square feet) of land.
Also excepting from the 99.634± parcel of land a 0.330± acre parcel more
particularly described as follows:
Beginning at a point, said point being distant: North 230 57' 04" East 1,487.92
feet from the above described point of beginning; thence leaving the new point of
beginning and running the following courses and distances: North 220 43' 44" East
188.97 feet, North 62° 39' 44' East 51.84 feet, South 270 20' 16" East 46.40
feet, South 22° 43' 44" West 186.26 feet, South 880 17' 28" West 30.64 feet,
and North 67° 16' 16" West 40.95 feet to the point of beginning containing
0.330:t acres 0 4,380 t square feet) of land.
Paggi, Martin & Del Bene, LLP
September 19, 2003
2000-03(36)