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Diddell Road TOWN OF W"PINGER SUPERINTENDENT SUPERVISOR GRAHAM FOSTER JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI SUPERINTENDENT OF HIGHWAYS ROBERT L. VALDATI 20 OLD ROUTE 9 WAPPINGERS FALLS, NY 12590-0324 (845) 297-9451 FAK (846)298-0524 TO: TOWN BOARD V FROM: GRAHAM FOSTER DATE: NOVEMBER 3, 2003 SUBJECT: GRILLOTPROPERTY-DIDDELL RD. I have inspected the above parcel and find the site distance acceptable in both directions for a driveway. Cc: Al Roberts Jay Paggi Planning Board Zoning Board of Appeals NERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS A"1" LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 GERALD A.VERGILIS* FAX (845)298-2842 LEGAL,ASSISTANTS: KENNETH M,STENGER e-mail: VSRL1C&BestWcb.Ne1 AMY E.WOODARD ALBERT ROBERTS KRISTEN S.GUTHRIE IRA A.PERGAMENT ANTONIAT.LUCIA POUGHKEEPSIF,OFFICE; JOAN F.GARRETT" 276 MAIN NIALI, 'THOMAS R.DAVIS POUGHKEFPSIE.NY 12601 MARIA.1.GRECO (845)452-1040 'M)M ITTED TO PR ACTICT ADDRESS RITLY TO Y POUGHKEFTS11 IN NY&FLA. 'ADMITTED 1"0 PRAC TICE INNY&CONN. G�or May 8, 2001 T Hon. Gloria Morse Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12538 Re: Labienlec Subdivision File No. 12949.0229 Dear Gloria: Enclosed please find the original ainended title report in reference to the above mentioned matter. Very truly yoL,-S, VERGI IS, "ENGER, ROBERTS & PERGAMENT ALBERT ROBERTS APRW/bg Cc: I-Ion. Constance 0. Smith 0:1Id0131'-.14'I'S%C'ORIlISilTiiayS-bg.doc Dictated'Taut not proof read by Albert P.RoberLs FTVVC-100 Rev.4/00 P ,.,i,..i•b .� f�a,.,a..�s_,s,,.�� ,a�.��...,i.r.. �, �.i.. ,r.... .�,�I,y.�r.,�� .fit,.,. ,�. .,d�..,i�. s..�r .h�a,._...d�� n.�.�.,�„ ,��..,_.� .M,._.�ren.�., � ..�ut ��..,,.1�. ` 7'lFICA7T 0 F TITLE First American Ptle Insurance Com any of New York dM M *y 'irst American Title Insurance Campany oaf'New m* the Company") certifies to the "proposed instrrecl listed herein that all examination crf title to the premises described in Schedule y A has been made ill accordance with its usual procedure and agrees to issue its standard forma Of title irusuraance £ l 1 (s) ' 1 j policy authorized by the Insurance Department Of the State of New York, in the amount set (truth herein„ s ;x insuring the interest set forth herein. and the marketability thereof', in the p encases described rn Schedule ` A, after the closing Of'the transaction in conforrrrance with the requirements and procedures approved by thel y Of the a excepting ( ) t 4 da r geabyurea�son of t�herestates,1einterests, defects, sections, liens, enact mbrtances and other matters set r � forth herein that are not disposed of to the satisfaction Of'the C"Onalaaury prior to such cia>"girlg or rsstraance of the policy (h) ally claresti.Oaa Or OhlcctiOrl corning to the attention of the Company before the;d'ate, of closila,,, i far if there be no closing, before the issuance of the policy. 4 This Agreement to insure ,hall terminate, (I) rl'the prospective insured, his or lrer attorney or agent makes Mly untrue statcnlcrrt with respect to any nlatcriaal fact or suppresses Or fails to disclose any nl.arteria l fact Or- if any untrue answers are given to material iracluires by or can behalf of the C Onipany, or (3) upon the; 4 issuance of title, insurance in accordance herewith. In the event that this Certificate is endorsed and rc(lated i by an authorized representative of the Company after the closing Of the transaction and payment Of the premium and fees associated herewith such redated Certificate shall serve as evidence of the title policy y rra:aurance rssur,aa until such lime ars at Olrc; , of title arastrratncc is clehwcre,d tO the insured. An c arrrca naaalc; � f under the rcdated Certificate shall be restricted to the conditions, stipulations and exclusions front coverage w.^i of the standard form Of title inSUrance policy issued by the Company. f LEVINE HOF°STETTER & F'RANGR 316 MAIN MALL l' POUGHKEEPSIE NY 12601 845-473-2040 P. C:0)UNTERSIGNED FI,tSTAM:Rai,: NTITa:EINSURANCECOMPANYOF NEW 17ORK a Jr p U t. tv b➢'Illi " _..._. ..... _ _.. .._ ,.. PRESIDENT u 'r �, , w * a� >»"��dv o iJ �t l� ��'""v�'�"'' r 1 �' °�' ti4 P� 'P � y� q��' "� t V`�r, �, �,', �� � �� �i� ➢,'at Y r �U/yU l} ',° h W A ' ( .a`k° � f i,�4 ti'r�a � ��t 1 l�1'rt K"F 1�C 1i� ��� a" i 1.�(,,'e,f a,n`Y„( ti(' rf, FrWC-100 Part I' First Amefican Me Insurance Company REV, 1/94 of New York THE ALTA LOAN POLICY (10/17/92), WITH NEW YORK ENDORSEMENT (9/l/93), CONTAINS THE FOLLOWING INSURANCE COVERAGE AND EXCLUSIONS FROM COVERAGE. LOAN COVERAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND TETE CONDITIONS AND STIPULATIONS, First American Title Insurance Company of New York, a New York Corporation, . -rein called the Company, insures, as Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: J. Title to the estate or interest described in Schedule A being 7. Any statutory lien for services, labor or materials furnished vested other than as stated therein; prior to the date hereof, and which has now gained or 2. Any defect in or lien or encumbrance on the title; which may hereafter gain priority over the estate or interest 3. Unmarketability of the title-, of the insured as shown in Schedule A of this policy; 4 Lack of a right of access to and from the land; & The invalidity or unenforceability of any assignment of the 5. The invalidity or unenforceability of the lien of the insured insured mortgage, provided the assignment is shown in mortgage upon the title; Schedule A, or the failure of the assignment shown in 6. The priority of any lien or encumbrance over the lien of the Schedule A to vest title to the insured mortgage in the insured mortgage; named insured assignee free and clear of all liens. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title,or in the lien of the insured mortgage, as insured,but only to the extent provided in the Conditions and Stipulations. EXCLUSIONS FROM LOAN COVERAGE The following matters are expressly excluded from the coverage of (c)resulting in no loss or damage to the insured claimant; this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: (d)attaching or created subsequent to Date of Policy(except Co the L(a)Any law, ordinance or governmental regulation (including extent that this policy insures the priority of the lien of the but not limited to building and zoning laws, ordinances, or insured mortgage over any statutory lien for services,labor or regulations)restricting,regulating,prohibiting or relating to(i) material);or the occupancy,use,or enjoyment of the land;(ii)the character, dimensions or location of any improvement now or hereafte (e)resulting in loss or damage which would not have been erected on the land; (iii) a separation in ownership or a change sustained if the insured claimant had paid value for the insured in the dimensions or area of the land or any parcel of which the mortgage. ]and is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or 4. Unenforceability of the lien of the insured mortgage because of governmental regulations, except to the extent that a notice of the inability or failure of the insured at Date of Policy, or the the enforcement thereof or a notice of a defect, lien or inability or failure of any subsequent owner of the indebtedness encumbrance resulting from a violation or alleged violation to comply with applicable doing business law of the state in affecting the land has been recorded in the public records at which the land is situated, Date of Policy. (b)Any governmental police power not excluded by (a) above, 5. Invalidity or unenforceability of the lien of the insured mortgage, except to the extent that a notice of the exercise thereof or a or claim thereof,which arises out of the transaction evidenced by notice of a defect, lien or encumbrance resulting from a the insured mortgage and is based upon usury or any consumer violation or alleged violation affecting the land has been credit protection or truth in lending law. recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has 6� Any claim, which arises out of the transaction creating the been recorded in the public records at Date of Policy, but not interest of the mortgagee insured by this policy, by reason of the excluding from coverage any taking which has occurred prior to operation of federal bankruptcy, state insolvency, or similar Date of Policy which would be binding on the rightsf a purchaser creditors'rights laws that is based on: (i)the transaction creating for value without knowledge. the interest of the insured mortgagee being deemed a fraudulent 3. Defects, liens, encumbrances, adverse claims or other matters: conveyance or fraudulent transfer;or(ii)the subordination of the (a)created, suffered, assumed or agreed to by the insured interest of the insured mortgagee as a result of the application of claimant; the doctrine of equitable subordination or (iii) the, transaction creating the interest of the insured mortgagee being deemed a (b)not known to the Company, not recorded in the public preferential transfer except where the preferential transfer results records at Date of Policy, but known to the insured claimant from the failure(a)to timely record the instrument of transfer,or and not disclosed in writing to the Company by the insured (b) of such recordation to impart notice to a purchaser for value claimant prior to the date the insured claimant became an or a judgment or lien creditor. insured under this policy; SPECIAL NEW' YORK LOAN PROVISIONS If the recording date of the instruments creating the insured interest is later than the policy date,such policy shall also cover intervening liens or encumbrances,except real estate taxes,assessments, water charges and sewer rents. Certificate of Titfe: 1992 ALTA lnforma6on Sheot First American Title Company Of New York Title No. LHF-D-2977 File No. 803-D-1077 Effective Date: 01/03/01 Redated: * 4)2,q)� PREPARED FOR: Van De Water&Van De Water,Esqs. 40 Garden Street f� Poughkeepsie,New York 12601 PROPOSED INSURED: Borrower: TOWN OF WAPPINGER JL Lender: U" Amount of Insurance: Fee: Mortgage: Premises described in Schedule "A" are known as: Address: 175 Diddell Road County: Dutchess City& State: Wappinger,NY Village: Town: Wappinger District: Section; 6359 Block: 02 Lot: 718658 First American Title Company Of New York Title No. LHF-D-2977 803-D-1077 SCHEDULE A All that certain plot, piece or parcel of land,situate,lying and being in the Town of La Grange, County of Dutchess,and State of New York, bounded and described as follows: BEGINNING at a point in the centerline of Diddell Road said point being the intersection of the centerline of Diddell Road with the Easterly line of the lands now or formerly Austin, (Liber 1394, cp 029),thence along the lands now or formerly Austin,North 19-33-30 West 25.57 feet to a point; thence over and thru the lands now or formerly Labieniec, (Liber 1984, cp 721),North 64-57-00 East 141.98 feet and North 63-02-00 East 27.40 feet to a point; thence along the reputed Town of Wappingers/Town of LaGrange line, South 67-20-30 East 31.92 feet to a point; thence along the centerline of Diddell Road, South 64-08-00 West 193.32 feet to the point or place of beginning. FOR CONVEYANCING ONLY Together with all the right,title and interest of,in and to any streets and roads abutting the above described premises. Our policies of title insurance include such buildings and improvements thereon which by law constitute real property,unless specifically expected therein. Now is the time to determine whether we have examined all of the property easements you desire to be insured:of there are appurtenant easements to be insured,please request such insurance. In some cases,our rate manual provides for an additional charge for such insurance. FORM 26-088-74-A{4-93} NYSLTA CERTIFICATE OF TITLE-SCHEDULC A First American Title Company Of New York Title No.LHh-D-2977 803-D-1077 THIS COMPANY CERTIFIES that a good and marketable title to the premises described in Schedule A,subject to the liens,encumbrances and other matters,if any,set forth in this certificate may be conveyed or mortgaged. By Helen A.Labieniect Source of title: By deed from Paul J.Labieniec dated March 26,2000, recorded April 6,2000,as Document No. 02-2000-3073. We set forth the additional matters which will appear in our policy as exceptions from coverage, unless disposed of to our satisfaction prior to the closing or delivery of the policy: SCHEDULE B I. Mortgages returned herewith and set forth herein (0). NONE OF RECORD i 2. Rights of other to use that portion of the herein described premises known as Diddell Road. The closing requirements set forth on the following page are a part of this certificate and must be complied with. 07( ©�- First American Title Company Of New York Title No.LHL~-D-2977 FOR INFORMATION ONLY: Although the Company will use its best efforts to record instruments promptly, no liability is assumed for penalties and interest under Section 1416 of the Tax Law due to the inability to file transfer tax returns or pay transfer taxes within the time required. FOR INFORMATION ONLY: Pursuant to Section 11-2102(f)of the NYC Administrative Code, the value of continuing liens may be excluded from the taxable consideration used in calculating the New York City Real Property Transfer tax for certain 1, 2 or 3 family residential transfers. However,the City of New York may take the position that this exclusion applies only to intrafamily gift transfers. Any transfer, other than an intrafamily gift transfer, in which a continuing lines exclusion is claimed may be subject to a post- recording audit and possible imposition of unpaid tax. The Company assumes no liability for any transfer tax assessed by New York City post-recording, nor for any interest an/or penalty imposed thereon, FOR INFORMATION ONLY: Sellers Title Bill must be paid by either an Attorney's Escrow Check,Money Order or Bank Check. For the Purchaser/Borrower-Any check of $500.00 or more, must be either an Attorney's Escrow Check, Money Order or Bank Check, unless approved by an Officer of this Company. First American Title Company Of New York Title No.LHF-D-2977 NO OPEN MORTGAGES OF RECORD The following mortgage is open of record Mortgagor: Mortgagee: Amount: Dated: Recorded: Liber: Page: ASSIGNMENT OF MORTGAGE Assignor; * Dated: Recorded: Reel: Page: Assignee: This mortgage returns, unless the mortgage is to be insured, will appear as an exception from coverage. THE INFORMATION SET FORTH HEREIN IS NOTE COMPLETE. REFERENCE SHOULD BE MADE TO THE RECORDED INSTRUMENT. Sometimes, provisions of a mortgage are modified by agreements which are not recorded. We suggest that you communicate with the mortgagee, if you any additional information. If the above mortgage is satisfied before the closing, a certificate of discharge must be furnished to the company at or prior to closing. First American Title Company Of New York First American Title Insurance Company Title No.LHF-D-2977 MUNICIPAL,DEPARTMENTAL,INFORMATIONAL SEARCHES Any searches or returns reported herein are furnished FOR INFORMATION ONLY. They will not be insured and the company assumes no liability for the accuracy thereof. They will not be continued. CERTIFICATE OF OCCUPANCY: NIA FIRE DEPARTMENT: NIA HOUSING AND BUILDING: NIA EMERGENCY REPAIRS: NIA HIGHWAY DEPARTMENT: NIA Levine, Hofstetter & FrangkFirst American Title Company Of New York First American Title Insurance Company Title No. LHF-D-2977 STREET REPORT (For Information Only) Diddel!Road is a Town Maintained Road. THE FOLLOWING MATTERS WHICH ARE APPLICADLE TO THE PROPOSED IRANSACTION MUST BE COMPLETED WITH. I.TRANSFER GAINS TAX:REAL PROPERTY LAW SEC,33 SUBD,1-f PROHIBITS A RECORDING OFFICER FROM RECORDING THE CLOSING DEED OR OTHER TRANSFER INSTRUMENTS UNLESS ACCOMPANIED BY THE APPROPRIATE GAINS TAX FOR PRESCRIBED BY THE STATE TAX COMMISSION,AND PAYMENT OF TAX DUE,IF ANY, 2,MARKET VALUE:POLICE RIDER:INSURANCE LAW SEC,440,SUB D,5,REQU I RES ITI'LECOMPANIES TO OFFER,AT OR PRIOR ToCLOSING,AN OPTIONAL POLICY RIDER TO COVER THE HOMEOWNER FOR THE FUTURE MARKET VALUE OF HIS HOME, '1'llE INSURED MAY,'1'I IEREFOIZ , ELECT TO OBTAIN PROTECTION IN EXCESS OF THE PURCHASE PRICE FOR AN ADDITIONAL PREMIUM EQUIVALENT TO 10%OF THE STRAIGHT FEE RATE,NOTE:THE FOREGOING IS APPLICABLE ONLY TO THE PURCHASE OF A ONE OR TWO FAMILY DWELLING,A RESIDENTIAL CONDOMINIUM OR A COOPERATIVE UNIT,WHERE PURCHASER IS A NATURAL PERSON, 3. PURSUANT TO CHAP,46, TITLE 11,NYC ADMINISTRATIVE CODE,A MINIMUM TAX OF 1%OF THE GROSS CONSIDERATION PAID LS IMPOSED ON REAL PROPERTY TRANSFERS IN THE CITY OF NEW YORK. FORM RPT MUST BE FILED TOGETHER WITH A CERTIFIED CHECK PAYABLE TO THE NYC DEPARTMENT OF FINANCE(IN RICHMOND COUNTY CHECKS ARE TO BE PAYABLE TO THE COMMISSIONER OF FINANCE WITH THE RECORDING OF EVERY DEED.UNDER CERTAIN CIRCUMSTANCES,THE TAX RATE IS INCREASED TO 1.425%OR 2,625%- REFER TO FORM RPT,NOTE THAT IF THE CONSIDERATION PAID OR REQUIRED TO BE PAID IS$400,000,00 OR MORE,COPIES OF THE CLOSING STATEMENT OR THE CONTRACT OF SALE MUST BE ATTACHED TO THE RETURN., 4.PURSUANT TO ARTICLE 41,TITLE D CHAP.,26 OF THE NYC ADMINISTRATIVE CODE,A DEED,LEASE OR MEMORANDUM OF LEASE.CAN NOT BE RECORDED UNLESS ACCOMPANIED BY: A)IF A MULTIPLE DWELLING(3 FAMILIES OR MORE)A REGISTRATION STATEMENT WITH A$13 CHECK PAYABLE TO THE NYC COMMISSIONER OF FINANCE.ORA PRELIMINARY REGISTRATION STATEMENT CAN FILED, B)IF A NON-MULTIPLE DWELLING,AN AFFIDAVIT EXECUTED BY THE PURCHASER STATING THAT THE DEED,LEASE OR MEMORANDUM OF LEASE DOES NOT AFFECT A MULTIPLE DWELLING AND A REGISTRATION STATEMENT IS NOT REQUIRED, 5.RIGI IT TO MAINTAIN VAULTS OR VAULT SPACE,IF ANY,IN THE STREETS,AND CHARGES THEREFORE,ARE NOT INSURED AGAINST.TITLE "Z"OF THE NYC ADMINISTRATIVE CODE, 6.POLICY EXCEPTS ANY LOSS,CLAIM OR DAMAGE THAT MAY ARISE BY REASON OF NON-COMPLIANCE BY THE PARTIES IN THE, TRANSACTION INSURED HEREUNDER WITH THE PROVISIONS OF THE FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980(FIRPTA) AND THE DEFICIT REDUCTION ACTION OF 1984 WHICH REQUIRE THE TRANSFEREE-GRANTEE TO WITHHOLD 10%OF THE GROSS SALE PRICE FOR THE SELLER'S INCOME TAX LIABILITY. 7,PROOF IS REQUIRED THAT THE PREMISES HEREIN ARE NOT ENCUMBERED BY A REVOLVING CREDIT MORTGAGE. S.IF ANY INTERVENING CONVEYANCE IS CONTEMPLATED OR SHOULD DEVELOP, THE COMPANY MUST BE ADVISED AT LEAST 72 HOURS PRIOR TO CLOSING, THIS INFORMATION WILL ENABLE THE COMPANY TO SEARCH THE INTERVENING PARTY&RAISE ANY NECESSARY OBJECTIONS,THEREBY PREVENTING LAST MINUTE SURPRISES&REQUIREMENT THAT MAY DELAY OR PROHIBIT CLOSING. SPECIAL NOTICES 1.THE FEDERAL TAX LIEN INDEX IN KINGS COUNTY AND BRONX COUNTY CONTAINS MANY MISFILINGS AND ERRORS,AN AFFIDAVIT FROM THE CERTIFIED OWNERS AND/OR PURCHASERS IS(ARE)REQUIRED TO ESTABLISH THAT THERE ARE NO FEDERAL TAX LIENS. 2,LIEN FOR HAZARDOI IS SUBSTAN E EMERGENCY RESPONSE COST.(NOT TO BE OMITTED) THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK HAS BEEN AMENDED BY LOCAL LAW 42 OF 1987 WHICH HAS ADDED SECTIONS 24- 601 ET SEQ.AND 1S THE"NEW YORK HAZARDOUS SUBSTANCES EMERGENCY RESPONSE LAW". SEC.24-605,SUBDIVISION(c)PROVIDES THAT THE LIEN CREATED UNDER SUBDIVISION(a)SHALL ARISE,AT LEAST,NO EARLIER THAN THE TIME THAT THE AMOUNT OF RESPONSE COSTS INCURRED BY THE CITY SHALL HAVE BEEN DEFINITELY COMPUTED AS A STATEMENT OF ACCOUNT AND AN AGENCY DESIGNATED PURSUANT TO SUBDIVISION(b)OF SEC.24-6605 HAS CAUSED TO BE FILED IN THE. OFFICE OF TTEE CITY COLLECTOR AN ENTRY OF THE ACCOUNT STATED IN THE BOOK IN WHICH SUCH CHARGES AGAINST PROPERTY ARE TO BE ENTERED, HOWEVER,SEC.24-6605,SUBDIVISION(b)PROVIDES THAT THE AGENCY OR AGENCIES DESIGNED BY THE MAYOR SHALL KEEP A RECORD OF ALL RESPONSE COSTS INCURRED-THAT WITHIN 30 DAYS AFTER THE ISSUANCE OF A PURCHASE OR WORK ORDER FOR ANY RESPONSE MEASURE SUCH ORDER SHALL BE ENTERED ON THE RECORDS OF THE DESIGNATED AGENCY OR AGENCIES.ALL SUCH RECORDS SHALL CONSTITUTE NOTICE TO ALL PARTIES.IT IS POSSIBLE THEREFORE,FOR PROSPECTIVE PURCHASERS TO BE SUBJECT TO COSTS FOR WHICH A LIEN MAY BE FILED SUBSEQUENTLY. HOWEVER,THE PROCEDURE HAS NOT YET BEEN PUT INTO EFFECT TO PERMIT A SEARCH TO BE MADE OF SUCH PURCHASE OR WORK ORDER THEREFORE,THE COMPANY WILL SEARCH FOR ONLY SUCH LIENS WHICH ARE FILED IN THE CITY COLLECTOR'S OFFICE TILE COMPANY WILL NOT BE RESPONSIBLE FOR RESPONSE COSTS UNLESS A LIEN THEREFORE HAS BEEN FILED IN ACCORDANCE WITH SECTION 42-605(c)PRIOR TO THE INSURED TRANSACTION.(REVISED:NOVEMBER 19,1987) 3.THE FOLLOWING IS A LIST OF INFORMATION AND PH NE NUMBERS WHICH WILL FACILITATE THE CLEARING OF SOME OBJECTIONS: A,PARKING VIOLIATQ: JUDGMENTS MAY BE CLEARED BY ONE OF THREE WAYS. 1) PRIOR TO CLOSING BY GOING DIRECTLY TO THE AGENCY AND OBTAINING A SATISFACTION OF JUDGMENT AND CERTIFICATE OF DISPOSITION JUDGMENT FROM THE APPROPRIATE COUNTY CLERK'S OFFICE. PVB HELP.NUMBER:212.4774430. 2)AT CLOSING AN ESCROW OF DOUBLE THE FACE AMOUNT OF THE JUDGMENT(S)CAN BE POSTED WITH THIS COMPANY UNTIL THE REMOVAL OF SAID JUDGMENT. B.NEW YORK STATE TAX COMMISSION LS IENS: 800-835-3554 OR 800452-0455. C,FEDE RAL TAX LIENS:800-829-1040, D,CITY OF NEW YORK LIENS:718.935-6000 E„HIGHWAY DEPARTMENT SIDEWALK VIOLATIONS); KINGS-718-780.8129 QUEENS-718-286-2770 BRONX-718-931-2066 RICHMOND-718-816-2348 NYC-212-323-850 F. ENVIRONMENT, CONTROL BOARD LIENS•212-971-3600 G.TRANS.11 ADJUDICATION LIENS 718-237-2666 OR 718-330-300 H.DELINQUENT OR IN REM TAXES IN THE CITY OF NEW YORK:718-935-6533 4,WATER METERS, THE CITY OF NEW YORK CHARGES A$55 FEE FOR A SPECIAL METER READING.INFORMATION REGARDING PAYMENT AND SCHEDULING OF READINGS CAN BE OBTAINED BY CALLING THE NUMBERS BELOW. KINGS-718-780-8007 QUEENS-718-740.4600 BRONX-718.579-6975 RICHMOND-718-876-6800 NYC-212-323-6800 First American Tittle Company Of New York TAX SEARCH Title No. LHF-D-2977 803-D-1077 Assessed To: PAUL J. AND HELEN A. LABIENIEC Assessed Value: Acct. #: Land: $ 19,000.00 Acres: .47 Total: $ 19,000.00 LUC: 311 County: Dutchess City: School District: Arlington Borough: Town: Wappinger Village: Section: 6359 Block: 02 Lot: 718658 2001 State County Town Tax 01101/01 - 12/31/01 $ 176.13 PD. 2127101 2000—2001 School Tax 07/01/00—06/30/01 $ 523.44 PD. 10/4100 Our policy does not insure against such items which have not become a lien up to the date of closing,or installments due after such date.Neither our tax search nor our policy covers any part of streets on which the premises to be insured abut. If the tax lots above mentioned cover more or less than the premises under examination,this fact will be noted herein. In such case,the interested parties should take the necessary steps to make the tax map conform to the description to be insured. I - t DUTCEESS COUNTY CLERK RECORDING PAGE c ks s ' S RECORD & RETURN 'TCO:- C RECORDED: 04/06/2000 a FELDMAN JACOBSON ABSTRACT u 94 MARKET ST AT: 15:01:39 p POUGHKEEPSIE ' NY 126"O1 L DOCUMENT : 02 2000 3073 9 0 RECEIVED FROM: FELDMAN JACOBSON ABSTRACT Y e GRANTOR: LABIENIEC PAUL J r` GRANTEE: LABIENIEC PAUL J RECORDED IN: :089D TAX INSTRUMENT TYPE: DISTRICT: LA GRANGE EXAMINED AND CKARGED AS FOLLOWS: RECORDING CHARGE: 54.00 NII1MBER OF PAGES: 4 TRAN'SF'ER TAX. AMOUNT: TRANSFER TAX NUMBER: #007113 E & A FORM: Y *** DO NOT DETACH THIS PAGE *** THIS IS NOT A BILL TP-584: Y COUNTY CLERK BY: LST / RECEIPT NO: 819742 BATCH RECORD: B00013 RICIiARO M. ANDERSON County Clerk �V I�� x 0 2 0 0 0 7 3 p N AND the party of the fustpart,in compliance with Section 13 of the Lien Law,covenants that the party of die fust part II will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement before using anypart of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the fust part has duly executed this decdthe day and year fust above u written n � t. - IENIEC y P J, C ri HELEN A.LABIENIEC k STATE OF NEW YORK ) SS.: COUNTY OF ORANGE ) t On tho %y ofMarch 2000,before me,the undersigned,a Notary Public in and for said State,personally appeared Paul J.Labieniee and Helen A.Labieniec,personally known tome or proved to meon the basis ofsatisfactory evideacc to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,and that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the same. RODERICK E.de RAMON !Votary Public,State of New York Notary Public ClUalified in Outchess CounlY No.4964022 Commission Expires March 10,2052 tt C h e ' y SCHEDULE A C o ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and tt being in the Town of LaGrange,D utchess County,New York and more particularly bounded and described as follows, n to wit: 1 BEGINNING at a bolt set in the intersection of the center lines of the public road leading from Noxon to DideIl Station Y and the crossroadrunning North from the same;thence through and along the said Noxon-Didell Station Road,South C 62 degrees 30'West 1133 feet to a point on the north side of said road,being a comer in the walls and marking a comer 1 of the lands of Kasik;thence along said Kasik line as marked by a stone wall,North 19 degrees 3.0'West 487 feet to a t stake set in the center of the stone wall on the East side of ablazed elm tree;thence through lands of said Smith,North r 65 degrees 30'East 1132 feet to a nail set in the center line of the above mentioned crossroad and being the westerly boundary of the Ella Lcntc property,thence along the center line of said crossroad on a course South 17 degrees 30'East 425 feet to the point or place of beginning. EXCEPTING AND RESERVING from the above described premises so much thereof as was conveyed by Harold M. Herring,M.D.to Stephen Haat by decd dated August 17,1950 and recorded in the Dutchess County Clerk's office on August 17,1950 in Liber 752 of Deeds at page 568. As described herein: I All that tract or parcel of land situate,lying and being in the Town of Wappinger,Dutchess County,Ncw York-,and more particularly bounded and described as follows,to wit: Beginning at a point on the north side of the Noxon Didell Road,being the corner in the walls and marking a corner in the lands now or formerly of Kasik and marking the southwest comer of the premises herein described,thence along or through said road North 62 degrees 30'East 585 feet more or less to a stone wall;thence northwesterly along said stone wall 450 feet more or less to a point in the line of lands now or formerly of Franklin Smith;thence South 65 degrees 30'West 570 feet more or less to a stake set in the center of the stone wall on the east side of a blazed elm tree and in the line of lands now or formerly or Kasik;thence along said Kasik's line as marked by a stone wall South 19 degrees 30'east 487 feet to the point or place of beginning. i I Y ft �o- P ROPERTY LINES U20 N fF ROW LINA 0 TOWN fla4D DAVID �E} SNiAW BU1DING kEiGFgT LOT COVERAGE .. � ; FLOOR AREA RAT1O p TOTAL. LOT COVERAGE ADJACENT AL 0f 3. M, f DI LOT P( ( / c. . Pc "�- s `' 6. V., p, : LOUIS FEENEY F P'ROP'OSED 8. F R.O.W TAKEN 2 0.10 ACRES F 4>401 FT. t 9-10. E A V... f E . AC. 8 4 I f N,/F f �� PF-\/FRI,.Y ALJSTIf _. __ A G CONSULT YOUR 1pWYt7r BEFORE SIGNING THIS INSTRUMENT-717ts INSTRUMENT SHOULD BE USED sY I.wwvEAs ONLY 1k ._ e s C Q Lt n THIS INDENTURE,made tho"ly of March, Two Thousand, C BETWEEN PAUL 7.LABIENIEC and HELENA.LA131E C,residing at 28 Organ)l Road,Poughkeepsie,New 1 York 12603 g k party of the First part,and H`LEN A.LA13MNMC,28 Organ Hill Road,Poaghkcepsie,New York 12603 party of the second part, MITN�SSETII, that the party of the first part, in consideration of the sum of One Dollar and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL certain plot,piece of parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of LaGrax}ge,Dutchess County,New York and more particularly bounded and described in Schedule A attached hereto. l/r BEING and intended to be the same premises conveyed by Frank Brun etto and Bella Brune tto to Pau 11.Labicniec and Helen A.Labieniec by Dccd dated September 12, 1996 and recorded in the Dutchess County Clerk's OfHcc on September 30,1996 in Liber 1984 at Page 721. TOGETHER with all right,title and interest,if any,of the party of the firs t part in and to any streets and roads abutting the above described premises;TOGETHER with the appurtenances and all the estate and rights of the party of the fust part in and to said premises;TO HAVE AND TO BOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party o€the first part has not done or suffered anything whereby the said premises have been cncumbcred'in any way whatever,except as aforesaid. E ,Rr u I . first American Title InsuranceCompany of New York r� , ,v Pl!IDw ern U /loll(sy fDi' �f 115 V, 4e41 !'u���a49 I N'T'WC-125 REV.1/52 P-89—STATUTORY FORM B. a JULIUS BLUMMERG,INC..LAW BLANK PueL Eos Bargain and Sale Deed.Without Covenant against 00 EXCHANGE PLACE.AY BRoanWAY, Wla YORK. �� Grankon—Individual I1, Made the 25th day of January nineteen hundred G and Seventy Three THOMAS DENNING and ROBERT DENNING 25 Townsend Boulevard, Dutchess County, Poughkeepsie, New York, t; II i I part ies of the first part, and THE TOWN OF WAPPINGER, a municipal corporation with its office located at Mill Street, 'Village of Wappingers Falls, Dutchess County, New York, 11 part y of the second part, jtnC55Cb y, that the parties of the&st part,in consideration ofN"'"T ����"�----- r ----------------------------------------------------- Dollar,s, � actual----------- lawful money of the United States, � paid by the party of the second part do hereby grant and release unto the part y of the second part, its successors and assigns forever, I. U that certain plot, piece or parcel of land, situate, lying and being in the Town ' of Wappinger, County of Dutchess, State of New York, more particularly bounded and i described as follows: Beginning at a point on the Northerly line of Diddell Road, said point being the Southwest corner of lands of now or formerly Mason, Dato, and Capolupo, and running' thence along said Northerly line of said Diddell Road, the following: South 59-57-40 West 176.22 feet to a point; South 55-16-50 West 66. 84 feet to a point; South 51-23-10 West 145,22 feet to a point; South 55-48-30 West 73.79 feet to a point; and South 59-13- 20 West 147.85 feet to a point; said point being the Southeast corner of lands of now or ' } formerly Redstone, thence leaving said Northerly line of said Diddell Road, and run- ning along the Easterly line of said Redstone, North 19-00-00 West 7.00 feet to a point; thence leaving said line and running thru lands of Denning, the following, North 55-01- 02 Last 468. 18 feet to a point; and North 59-57-40 East 142.00 feet to a point on the Westerly line of now or formerly Mason, Dato and Caplupo, thence along said Westerly line of Mason, Dato and Caplupo South 21-38-50 East 13.00 feet to the point of beginning. jq �1 I 1? I. r � Jmiv .a,.15N'ir fff � U891,352 �rAtL3548 ogetijer with the appurtenances and all the estate and rights of the part leS of the first part in and to said premises. Evade attb to bolb the premises herein granted unto the part y of the second part, its Successors and assigns forever. The grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the consideration for this conveyance and will holo' the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that the grantor will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. REQ TE ­-91V'PF. OF r m r TRANSFIE 13 3 � Q � jere�f, the parties of the first part have hereunto set their hands and seal S the day and,year first above written. 3n pyre',5ence of: ...........L.S. -.-.. ---- _ ...-.-_-_._ - .............. P.S. tats of New 'York as�lxtp € Dutchess On the 25th day of January nineteen hundred and Seventy Three before me carne THOMAS DENNING and ROBERT DENNING to .ane known and known to me to be the individual S described in,and who executed,t,e foregoing an- stru ent, and acknowledged to me that t hey exeo�ed e same. r v � r L �atate at gg r "nt?of , On the day of nineteen hundred and before me carne I to me known and known to me to be the individual described in,and who executed,the foregoing in- strument, and acknowledged to me that he executed the same. � Mate at QLoutrty of o5- On the day of nineteen hundred and before me came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, Ming by me duly sworn, did depose and say that he resides in that he knows to be the individual described in,and who executed the foregoing instrument; that he, said subscribing witness, was present, and saw execute the same;and that he,said witness,at the same time subscribed h name as witness thereto. 4 W I 4 a4 O z >-f �. d LW N: O H O O _I 3 'a O 71 aw zz d U q W to '41 C4 (Ij DO ai v O m b 0 W a w 0 v n p 4 w W U W 4 N M 4 �p u a t ff auati 1906 Route Suite 4 'ENGINEERING, h[tC Wisiccopee Plaza Hopewell Jct.,NY 12533 Tel.(845)897-8205 Fax(845)897.0042 William H,Povall 111;P.E. October 5, 2000 Supervisor Constance Smith Wappinger Town Hall 20 Middlebush Road Wappingers Falls,NY 12590 Re: Labieniec Subdivision Town of LaGrange & Town of Wappinger Dear Supervisor Smith; On behalf of the owner, Paul Labieniec, I would like to confirm if the Town of Wappinger will be accepting the Diddeil Road R.O.W. dedication as proposed on the attached Labieniec Subdivision Plat. As can be seen on the attached plat,approximately, 0.5 acres of the Labieniec property are located in the Town.of Wappinger. The Labieniec property boundary in both the Town of Wappinger and Town of LaGrange traverses along the center of Diddell Road and Organ Hill Road. As part of the subdivision, the owner is proposing to dedicate to the Town of Wappinger and the Town of LaGrange the respective 25 feet of frontage measured from the center of each of the roads for road R.O.W. In addition to the subdivision plat, I have attached a copy of the Irrevocable Offer of Cession, prepared by owner's attorney, Stan Frangk, Esq. fox the proposed road taking for your use. The project has been granted Preliminary Approval by the Town of LaGrange on November 16, 1999. We have been placed on the Town of LaGrange Planning Board Agenda for October 17, 2000 for consideration of Final Approval. If you should have any questions,please do not hesitate to contact this office. Thank You. Very t ly yours it iam H. Povall III, P.E. Cc: AI Roberts,Esq., Town of Wappinger Attorney w/enc. Paul Labieniec, Owner Chairman John Brewster, Town of LaGrange Planning Board LF11H HFS'TE`i'TEF NU, EMEVOCABLE OFFER OF CESSION THIS AGREEMENT made this day of ,between Paul J.Labieniec, whose address for puVoses of this instrument is 28 Organ Hill Road,Poughkeepsie,NY 12603,party of the first part,and THE TOWN OF WAPPINOER,a MunieiP9 corporation whose Town FTali is located at 20 hers MiddIccd S aRoad, of ,P O .ew Box 324, ( the "Tav�n"}, Wappingers Falh6 NY 12590,County of party of the second part. WITNESSETH: The party of the first part,for and in consideration of the s=of One Dollar($1.00), actual lawful money of the United States,and other good and valuable consideration, constituting final approval of the Town of Wappingers Planning Board ref a subdivision known as Labieniec Subdivision,Town of LaGrange,County of Dutchess and State of New York,on the day of hereby make and releases unto the Town of Wappingers Falls,as party of the second part. An irrevocable Offer of Cession and Dedication,for public use of all Atccts,highways, parrs and areas devoted to related public Improvements depicted on the.subdivision map which was the subject of final approval by the Town of Wappingers Falls playing Board,as aforesaid,said pieces of real property being more specifically and sepaMoly described on.the schedule A annexed hereto and made a part hereof. This Offer of Cession of the real property as aforesaid shall be irrevocable by the party of the first part,shall run with the land and shall bind the heirs,successors and WgsiPs of the party of the first part. This Offer of Cession shall become invalid,void and of no effect in the event that the party of the,first part shall not satisfy conditions of final subdivision approval oY fails to file the approved subdivision map within the respective tirna requirements of Town Law pertaining to such matters. Future acceptance of this Offer of Cession shall bestow upon THE TOWN OF WAPPINGER title to the fee of easements described herein and the t to anter upOn the subject real property for the purposes of making,correcting and maintaining any uncompleted public improv=ants required under the aforesaid subdivision approval. In the event that the party of the first part of any of its successors or assigns attempts to bar entry by THE TOWN OF WAPPINGER or persons acting through or under said municipality,THE TOWN OF WAPPINGER will be entitled to collect from the party of the first part:and successors and assigns, any and all reasonable attorney,s fres and court costs necessary to enforce THE TOWN OF WAPPINGER rights hereunder. r _ SEF, 23, 2000 4: ,3Fr;1LEVINE HUSTETTER NC,, 3 14 6 F, 14 i IN WITNESS WHEREOF,the parry of the first part has duly executed this Irrevocable Offer of Cession on the day and year first above wriitm. IN THE PRESPME OF: Paul J.Labieniec STATE OF NEW YORK ) )SS: COUNTY OF DUTCHESS ) On the day of in the year before me..the unJersigned,a notary public in and for said state,personally appeared Paul J.Labienice,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 instr=wt 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 SEP, 28. 2000 :3PM LEVINE HOF8MTH at0. 314E P. 15 F . ., P.a.Box 33.1 1 Mnil X111 Remittance To: � N"OUROM,NEW YORK 12960 f 33 HENRY STREET (R1416624)00 a.o.BOX 777 9FACON,NEW YORK 1250.6 SER R. HUSTIS (914)931-01oo 1 . S UCF1f3A►L[RD 3980YOR OprICE ESTABUSHED 1613 July 24p 2000 ire; ' 9.0148 (WO-10546) nier Subdiviai'an ROW 2 t.at�ieor parcel ¢f land situate in the Town of A11 niehat tract cJt,Ltiftty of Dutche5sp State sof New York txounded Wappingers, and describQd as. follows*- DidlI Road Beginning at a point inionerofnthef -enterlinE? Of said paint being the intersect Diddell Road with the easterly ling Of the land~ now or formerly Auati.nr (Liber 1394v Cp 029) r thence along the lands now or formerly Austin, 3-3� West 25. 7 North 19-3 feat to n pc,int; thence over and tt�7 the lander -57hOw 0r Lobi eni ec, (Libor i'g8�#� Cp 7:�k) , Nar th 54-57�ota formerly _ _ 44 feat to A East 141.98 feQt 4nthaoreptted�Town ofsWappingarslTown of point; thence along ` i.agr angQ line, South 57-20-30 4,t 31.92 dd fest to a point; t})ence along the centerline of Aiddr�ll Road, South of �}-Ofl..grj Weat 193.32 feet to the paint ,And, e or pmaror beginning. Containi+19 0. 10 of an acrd of la 1e5S. Sub.} act to the existing easements and right of ways of retard, if any. � 'tet•. v • ' r 3