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Farms End Road
,.> PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAQ January 15, 2001 Town Board '94' k Town of Wappinger / 0 P.O. Box 324 b Q Wappingers Falls, New York 12590 � r �NOfy Attention: Constance 0. Smith, Supervisor Reference: Farms End Road Dear Supervisor Smith & Board Members: As per the Town Board's request, we have asked the Highway Superintendent and Camo Pollution Control if there were any maintenance related issues regarding the subdivision that was done at the end of Farms End Road by Frank Buyakowski. As you recall, this was discussed at the last Town Board meeting when Mr. Buyakowski asked that the normal one (1) year maintenance period be waived due to the fact that the completed road had been in service and utilized by the Town residents for greater than a one (1) year period. Mr. Foster's response was that there was no maintenance related issues regarding the pavement and/or storm drain system. Michael Tremper of Camo Pollution Control reported that there are no issues regarding the sanitary sewer system or water supply system. Therefore, it would appear at this point in time that the one (1) year maintenance period has been successfully completed. If there are any questions or comments, please do not hesitate to contact this office. Very my yours, Joseph E. Paggi, Jr., P. . JEP:Iaw cc: Hon. Vincent Bettina, Councilman Albert P. Roberts, Esq. Hon. Joseph Paoloni, Councilman Michael Tremper Hon. Joseph Ruggiero, Councilman Hon. Graham Foster Hon. Robert Valdati, Councilman Frank Buyakowski Hon. Gloria Morse Joseph E_Paggi,Jr.,P.E. Ernst lMartin,Jr.,P.E.,L.S. Charles R.Dei Bene,JL,EE. 10/23/2000.RGM COUNCILMAN BETTINA moved to accept the notification and place it on file. Seconded by Mr. Ruggiero Motion Unanimously Carried An application for Hawking and Peddling was received from Deborah Vasquez. COUNCILMAN BETTINA moved to grant the Hawking and.Peddling License to Deborah Vasquez. Seconded by Mr. Pao om Motion Unanimously Carried Correspondence from Frank Buyakowski in regard to acceptance by the Town of Wappinger, the 100 foot extension of Farms End Road as a Town Road. Mr. Roberts explained that the easement was notarized by a New Jersey Notary, and we don't know if it was notarized in New Jersey or New York State. Mr. Roberts has sent out a letter. The alternative is, to schedule a closing at the Supervisor's office, and then report back to the board at the November meeting. If we have all the documents, it can then be accepted with or without Virtue. COUNCILMAN RUGGIERO moved to table. Seconded by Mr. Valdati. Motion Unanimously Carried Several reports from Jay Paggi, Engineer to the Town. The first report concerns Wappinger Water Improvement 99-1. At the September 11th meeting, the Town Board accepted Mr. Paggi's recommendation to seek an increase in the authorization for the above referenced improvement in the amount of$160K. After approval of the authorization, his office contacted the Contractors and advised them that the contract was awarded. Upon reviewing the minutes, it was unclear that this specific award of the Contract was granted by the Board. Mr. Paggi is requesting the Town Board to reaffirm the award of the Contract for 99-1 (general construction)to Sun Up Enterprises for $238,000.00 and 99-1E (electrical construction)to Hudson Valley Electrical Construction & Maintenance, Inc. in the amount of$106,444.00, subject to the 20 day estoppel period. COUNCILMAN BETTINA moved to award the bid for the Wappinger Water Improvement 99-1 to Sun Up Enterprises for$238,000.00 and 99-1E (electrical construction)to Hudson Valley Electrical Construction & Maintenance, Inc. in the amount of$106,444.00, they being the lowest responsible bidders, subject to the 20 day estoppel period. 2 07/10/2000.RGM CONTRAIL Acceptance by the Town of Wappinger of the 100 foot extension of Farms End Road. The home owners are being uncooperative in granting the easements. SUPERVISOR SMITH was authorized to send letters (2) to the residents asking them what the difficulty was. Mr. Roberts,Attorney to the Town explained if the pipes (storm & drain) are outside the easement area, then it will be the homeowners responsibility to maintain them. Discussion followed. COUNCILMAN RUGGIERO moved to authorize the Supervisor, Engineer to Town and Attorney to Town to meet with residents to address the issue. Seconded by Mr. Paoloni Motion Unanimously Carried Contrail is also requesting the return of$279,460 Collateral Security with the Town of Wappinger Mortgagee and Satellite Investments Mortgagor to secure the construction of the extension of Airport Drive to connect with County Route 11. Al Roberts,Attorney to the Town explained that the purpose of the security was to insure that Airport Drive would be extended from its existing cul de sac to a connection point on CR 11, if it was built by 2004. The chances of that happening are virtually zero. Its pretty definite that a bikeway is going through. COUNCILMAN RUGGIERO moved to authorize the release of the $279,460.00 security. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to authorize Supervisor Smith to sign the Satisfaction of Mortgage. Seconded by Mr. Paoloni Motion Unanimously Carried Next is to approve a plaque dedicating a ball field in memory of Melissa Danielle Bisaccia, in recognition of her contributions and achievements while facing personal obstacles. COUNCILMAN RUGGIERO moved to approve the resolution. Seconded by Mr. Paoloni Motion Unanimously Carried COUNCILMAN RUGGIERO moved to approve $800 for the plaque and the funds to come out of Recreation B Fund Balance. Seconded by Mr. Paoloni Motion Unanimously Carried 9 01/24/2000.RGM Recreation Booklet. The funds for this purchase are in Recreation Account A- 7140.4. Three quotes were received, the lowest being Goldhef. 7000 booklets 9000 booklets Goldlief Reproductions $ 882.00 $1,075.50 Signal Graphics 1,983.34 1,980.00 Sir Speedy Printing 2,040.03 2,573.25 Mr. Holt recommends we accept the quote offered by Goldhef Reproductions, they being the lowest.. COUNCILMAN RUGGIERO moved to authorize a P.O.in the amount of $1,075.50 payable to Goldhef Reproductions, for the printing of Recreation Booklets, they being the lowest quote, the funds to come out of Recreation Account A-7140.4 Seconded by Mr. Valdati Motion Unanimously Carried Next are several reports from Jay Paggi, Engineer to the Town. The first report concerns the Schnabl Court Holding Pond/Drainage Easement. As a fallow-up of the December 27th 1999 Town Board Meeting, a field inspection of the above easement was made by Mr. Paggi, and Mr. Foster, Highway Superintendent, on December 29, 1999. Using the available plot plans from his files from 1986 and the Filed Map, Mr. Paggi laid out the drainage easement in the field. The time that this took, between office research and field inspection, was between 1 and 1.5 hours. COUNCILMAN RUGGIERO moved to accept the report and place it on file. Seconded by Mr. Bettina. Motion Unanimously Carried. The second report concerns Farms End Road. At the December 27, 1999 Town Board Meeting, Farms End Road was accepted as a town road based on the recommendations of Graham Foster,peadirag easement descriptions from .Mrs. Devine, and `As Built"Acceptance by Mr. Paggi, Mr. Paggi's office has received an"As Built"Map and a"Right of Way" description Town of Wappinger to Devine, prepared by Gary R. LaTour, L.S. dated December 30, 1999. Upon reviewing the"As Built" and"Right of Way" Description his office finds the following: • The drainage structures do no appear to fall within the boundaries.of Drainage Easements Nos. 1, 2 or 3. If the structures cannot be physically moved into the easements areas, then the Applicant should revise the easements to encompass all improvements. • The water service shutoff valves for all three lots appear to be on private property. The ownership of the triangle piece of property on 4 O112412000.RGM the west side should be identified. Again, if the structures cannot be physically moved into the Town owned road right-of-way,then the Applicant should offer appropriate access easements. It should be noted that this"right of way" is over lands of the town of Wappinger that are designated as "Conservation District". Mr.Roberts Office should be consulted to determine if there are any additional legal issues or requirements. All other items appear to be in proper order. Discussion followed COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr. Bettina Motion Unanimously Carried The next report concerns the Diesing Parcel. Mr. Paggi is in receipt of a letter from Michael Gillespie, P.E. dated January 6, 2000, regarding sewer and water service to the above referenced parcel. Mr.Paggi had previously reported that it would not be appropriate for the parcel to tie into the existing Oakwood Knolls Water System at the present time. However, he had responded that the parcel is located within Phase 1 of the Wappinger Sewer Transmission/Treatment Improvement, and therefore, eligible for sewer service. COUNCILMAN VALDATI moved to accept the report and place it on file. Seconded by Mr.Paoloni Motion Unanimously Carried The next report concerns the Meadowood Wells, and a copy of a memo from Steve Domber with Lab Results, indicating that his well that was drilled a few years ago in anticipation of the Meadowood Subdivision, has tested negative for Giardia and Cryptosporidium. This is favorable news for the Town's use of the well. In his memo,Mr. Domber is requesting to be scheduled for an upcoming Town Board Workshop to discuss a revised proposal regarding his participation in the planned water improvements for the Town of Wappinger. Discussion followed COUNCILMAN RUGGIERO moved to accept the report place it on file and table Mr.bomber's request for a Workshop at this time. Seconded by Mr. Bettina Motion Unanimously Carried The next report concerns the Roberts Mobile Home Park Connection to ' Central Wappinger Water Improvement Area. Mr. Paggi is in receipt of the above referenced Engineers Report and Plan dated January 7th 2000. Mr. Paggi reviewed them and reported back to Mr. Rawls Engineer with his comments. Discussion followed. 5 12/28/98.RGM and all other instruments necessary to affect the conveyance of the parcel described in Exhibit"G," attached hereto and made a part hereof, and to have the same recorded in the Office of the Dutchess County Clerk. Seconded by Mr. Bettina The question of the adoption of the foregoing Resolution was duly put to a vote on roll call which resulted as follows: Constance Smith, Supervisor voting aye Robert Valdati, Councilman voting absent Vincent Bettina, Councilman voting aye Joseph Ruggiero, Councilman voting aye Joseph Paoloni, Councilman voting aye The Resolution is hereby adopted. The next item for the Board consideration is to authorize the Attorney to the Town to prepare Amendments to Local Laws for Dog Licensing fees, Dog Ordinance fees, and Recreation fees. COUNCILMAN RUGGIERO moved to authorize Attorney to the Town, Al Roberts to prepare Amendments to Local Laws for Dog Licensing fees, Dog Ordinance fees, and Recreation fees. Seconded by Bettina Motion Unanimously Carried COUNCILMAN RUGGIERO moved to accept the Town of Wappinger fee schedule for Building and Zoning Departments, etc., for 1999, as drafted (see attached). Seconded by Mr. Bettina ROLL CALL VOTE VOTE Constance Smith, Supervisor Aye Robert Valdati, Councilman Absent Vincent Bettina, Councilman Aye Joseph Ruggiero Councilman Aye Joseph Paoloni, Councilman Nay Motion Carried Next is the acceptance of the Ardmore/Orchard/Farms End Road as a Town Road. COUNCILMAN RUGGIERO moved to adopt the following Resolution as drafted by Attorney to the Town, adopting Farms End Road as an official town road, and granting Mrs. Devine the driveway easement. TOWN BOARD CONSENT UPON READING THE APPLICATION OF Graham Foster, the Superintendent of Highways of the Town of Wappinger, dated the 22nd day of 10 12/28/98.RG1V'VI December, 1998, wherein the Superintendent of Highways has requested the written consent of the Town Board of the Town of Wappinger, to lay out the road presently known as Farms End Road, formerly known as Orchard Drive Extension, in the Town of Wappinger, said road described on the map attached as Schedule "1," annexed hereto and made a part hereof, with road layout as show on the map attached as Schedule"2," annexed hereto and made a part hereof, pursuant to a metes and bounds description to be prepared by a licensed surveyor, subject to the approval of the Engineer to the Town. NOW,THEREFORE,be it RESOLVED that consent is hereby given to the Superintendent of Highways of the Town of Wappinger, Graham Foster, to make an Order, in accordance with the provisions of the Highway Law and other statutes applicable thereto, laying out Farms End Road, formerly know as Orchard Drive Extension, said road described on the map attached as Schedule"I," annexed hereto and made a part hereof, with road layout as shown on the map attached as Schedule "2," annexed hereto and made a part hereof,pursuant to a metes and bound description to be prepared by a licensed surveyor, subject to the approval of the Engineer to the Town. Seconded by Mr. Bettina ROLL CALL VOTE VOTE Constance Smith, Supervisor Aye Robert Valdati, Councilman Absent Vincent Bettina, Councilman Aye Joseph Ruggiero, Councilman Aye Joseph Paoloni Aye Resolution Adopted UNFINISHED BUSINESS COUNCILMAN RUGGIERO moved to authorize Attorney to the Town Al Roberts to get moving again on Codification. Seconded by Mr. Bettina Motion Unanimously Carried NEW BUSINESS COUNCILMAN PAOLONI on the Tri-Muni wished to know if there is anything that has to be done by the end of the year. SUPERVISOR SMITH explained that she is now in the process of gathering all the items that she was told to get, newspaper clippings, etc. Mr. Roberts said they plan to go to Albany by end of January we will be up in Albany. We also must get some technical items from Tri-Muni that must be coordinated with what we are 11 12/28/88.RGM Next is the acceptance of the Ardmore/Orchard/Farms End Road as a Town Road. COUNCILMAN RUGGIERO moved to adopt the following Resolution as drafted by Attorney to the Town, adopting Farms End Road as an official town road, and granting Mrs. Devine the driveway easement. TOWN BOARD CONSENT UPON READING THE APPLICATION OF Graham Foster, the Superintendent of Highways of the Town of Wappinger, dated the 22nd day of December, 1998, wherein the Superintendent of Highways has requested the written consent of the Town Board of the Town of Wappinger, to lay out the road presently known as Farms End Road, formerly known as Orchard Drive Extension, in the Town of Wappinger, said road described on the map attached as Schedule"1," annexed hereto and made a part hereof, with road layout as show on the map attached as Schedule"2," annexed hereto and made a part hereof, pursuant to a metes and bounds description to be prepared by a licensed surveyor, subject to the approval of the Engineer to the Town. NOW, THEREFORE,be it RESOLVED that consent is hereby given to the Superintendent of Highways of the Town of Wappinger, Graham Foster, to make an Order, in accordance with the provisions of the Highway Law and other statutes applicable thereto, laying out Farms End Road, formerly know as Orchard Drive Extension, said road described on the map attached as Schedule"l," annexed hereto and made a part hereof, with road layout as shown on the map attached as Schedule"2," annexed hereto and made a part hereof, pursuant to a metes and bound description to be prepared by a licensed surveyor, subject to the approval of the Engineer to the Town. Seconded by Mr. Bettina ROLL CALL VOTE VOTE Constance Smith, Supervisor Aye Robert Valdati, Councilman Absent Vincent Bettina, Councilman Aye Joseph Ruggiero, Councilman Aye Joseph Paoloni Aye Resolution Adopted UNFINISHED BUSINESS COUNCILMAN RUGGIERO moved to authorize Attorney to the Town Al Roberts to get moving again on Codification. Seconded by Mr. Bettina 11 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT 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 VSRPCBestWebAMY E.WOODARD ALBERT E ROBERTS .Net KRISTEN S.GUTHRIE IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 MARIA J.GRECO (845)452-1046 *ADMITTED TO PRACTICE ��GE1V ED ADDRESS REPLY TO:( }POUGHKEEPSIE IN NY&FLA. ( }W.4PPINGERS *"ADMITTED TO PRACTICE - �� A/y �4 IN NY&CONN. March 27, 2001 TOWN CLERK Hon. Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Orchard Drive Extension Subdivision File No. 12949.0179 Dear Gloria: In connection with the above referenced subdivision, I am enclosing the following documents, which have been recorded in the Dutchess County Clerk's office as follows: 1. Deed to Road Bed(cul-de-sac)recorded January 25,2001 as Document No. 02 2001688; 2. Snow Easement, Contrail to the Town of Wappinger recorded January 25, 2001 as Document No. 02 2001689; 3. Drainage Easement, Contrail to the Town of Wappinger recorded January 25, 2001 as Document No. 020 2001 690; 4. Drain and Water Valve Easement, Todd to Town of Wappinger recorded January 25, 2001 as Document No. 02 2001680; 5. Water Valve Easement, Kidd to Town of Wappinger recorded January 25, 2001 as Document No. 02 2001 679; and Page 2 6. Drainage and Water Valve Easement, Margerum to Town of Wappinger recorded January 25, 2001 as Document No. 02 2001 676. Very truly yours, VERf, STENGER,ROBERTS &PERGAMENT ALBERT P. ROBERTS APRIbg✓ Enclosures cc w/o encls: Hon. Constance O. Smith, Supervisor Hon. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Graham Foster Joseph E. Paggi, Jr., P.E. 0:1R0BERTSIC0RRESP1mar26-bg.doc Dictated but not proofread by Albert P.Roberts TOWN OF WAPPINGER CONSTANCE 0. SMITH j , , SUPERVISCR'S OFFICE SUPERVISOR 20 MIDDLEBUSH ROAD. P.O. BOX 324 TELEPHONE:(914)297-2744 WAPPINGERS FALLS, NY 12590-0324 FAX:(914)2974558 - + J i January 25, 2001 Contrail LLC 1400 Route 52 Suite 3 Hopewell Junction,NY 12533 Att: Mr. Frank Buyakowski RE: Subdivision Bond Letter of Credit Dear Mr. Buyakowski: This letter wiH confirm that the Town of Wappinger, on January 22, 2001, has accepted the extension of Farm's End Road. The Letter of Credit issued by the Bank of New York, Ref# 500039119 in the sum of$15440 is no longer needed and is hereby surrendered to you. Sincerely, Constance O. Smith Supervisor COS:dly RECEIPT I hereby acknowledge receipt of Letter of Credit issued by the Bank of New York originally dated February 26, 1999 Ref. No. 500039119 issued in favor of the Town of Wappinger for the account of Contrail, L.L.C. BYTFKL. BAK0 `SKI Dated: January 25, 2001 r11JE LETTER OF CREDIT DEPARTMENT f"NK CHURCH ST. STATION NW P.O. BOX 11238 Y(Rk NEW YORK, N.Y.10286-1238 OUR REF. NO . DATE S00039119 FEBRUARY 26 1979 APPLICANT BENEFICIARY TOWN OF WAPPINGER CONTRAIL LLG 20 MIDDLEBUSH ROAD 1400 ROUTE 52, SUITE 3 is WAPPINGER FALLS, NY 1.590 HOPEWELL JCT. , NY 12533 ATTN: TOWN CLERK GENTLEMEN/LADIES: OUR REFERENCE NO . 500039119 ACCOUNT OF: CONTRAIL LLC 1400 ROUTE 52, SUITE 3 HOPEWELL JCT. , NY 12533 AVAILABLE WITH: OURSELVES BY PAYMENT DRAFTS AT SIGHT DRAWN ON THE BANK OF NEW YORK, HEW YORK, NEW YORK , AS INDICATED BELOW TO THE EXTENT OF : ***USD15,440 .00*** EXPIRY DATE: FEBRUARY 26 2000 PLACE OF EXPIRY: OUR COUNTERS 11 ADDITIONAL DETAILS: WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AVAILABLE BY YOUR DRAFT(S) AT SIG14T ON US FOR A SUM NOT EXCEEDING U. S.$15,440.00 (FIFTEEN THOUSAND FOUR HUNDRED FORTY AND 00/100 U.S. DOLLARS) FOR THE ACCOUNT OF CONTRAIL LLC. FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO YOU AGAINST YOUR SIGHT DRAFT(S) DRAWN ON US, ACCOMPANIED BY : I . YOUR DATED STATEMENT, PURPORTEDLY SIGNED BY THE TOWN SUPERVISOR, READING AS FOLLOWS: "WE HEREBY CERTIFY THAT THE AMOUNT OF THE ACCOMPANYING SIGHT DRAFT, US$ UNDER T m YOUR LETTER OF CREDIT NO. 500039119 REPRESENTS FUNDS DUE AND PAYABLE AS CONTRAIL LLC HAS FAILED TO PERFORM OR IS IN DEFAULT UNDER THE SPECIFICATIONS IN THE LETTER FROM PAGGI & MARTIN IN IN THE TOWN OF WAPPINGER, qj THE ORCHARD DRIVE SUBDIVISION, DUTCHESS COUNTY , NEW YORK. " AND rl"E LETTER OF CREDIT DEPARTMENT BANKCHURCH ST. STATION P.O. BOX 11238 NEW YORK, N.Y. 10286-1238 OUR LETTER OF CREDIT 500039119 CONTRAIL LLC COMMERC PUBLICATION NO. 500, YOURS TRULY, i r AUTHO ZED SI NATURE I. 'I _I i I I - _I � I i I SII I i _I I �€ 1 ,I ;f = 1 - I VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT 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:VSRP@BestWeb.Net AMY E.WOODARD ALBERT P.ROBERTS KRISTEN S.GUTHRIE IF A.PERGAMENT POUGHKEEPSTE OFFICE ANTONIA T.LUCIA 276 MAIN MALL JOAN F.GARRETT" POUGHKEEPSIE,NY 12602 THOMAS R.DAVIS (845)452-1046 MARIA J.GRECO *ADMTITID TO PRACTICE ADDRESS REPLY TO:( )POTJG14KFFPSTE IN NY&FLA. ( )WAPPINGERS **ADN1R7'ED TO PRACTICE r IN NY&CONN. January 25, 2001 1AN 6'2041 Hon. Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Orchard Drive Extension Subdivision File No. 12949.0179 Dear Gloria: I return herewith the remainder of the contents of the Town Clerk's file in connection with the above referenced subdivision. I also attach a copy of my letter January 8, 2001 hand delivered to Crystal Clear Abstract,which is self-explanatory. I have received confirmation today that all the documents have been recorded in the Dutchess County Clerk's office. Accordingly, the original Letter of Credit may be released to Contrail, L.L.C. (Mr. Buyakowski). Supervisor Connie Smith has prepared a letter to Mr. Buyakowski indicating the Orchard Drive Extension road has been dedicated to the Town and the Letter of Credit is no longer needed by the Town. Please make sure you keep a copy of the Letter of Credit in your file as well as obtaining Mr.Buyakowski written acknowledgement that he received the original Letter of Credit(form of Receipt attached). I also enclose three (3)receipts from the Dutchess County Clerk's office indicating that the Deed and two (2) Easements have been recorded as well as the documents for the other instruments that were recorded earlier. If any questions, please contact me. Very truly yours, VERGILIS, S ENGER, ROBERTS &PERGAMENT 5 AL R P. ROBERTS APR/bg✓ Enclosure Cc: Hon. Constance O. Smith TOWN OF WAPPINGER SUPERINTENDENT (914) 297-5451 GRAHAM FOSTER wo SUPERINTENDENT OF HIGHWAYS P.O. BOX 324 WAPPINGERS FALLS, N.Y. 12550 MEMORANDUM TO: - Town Board FROM: Graham Foster SUBJECT: Farms End Road Extension DATE: December 24, 1999 The construction of this road is complete. It is acceptable for us to take over this portion of road as a town road. cc: Contrail LLC DEC 21 '00 14:42 FR UAN DEWATER 914 452 5612 TO 29?455B P.02i17 VAN DFWATER AND VAN DiWATER,LLP COUNSELADU AT[AW JORNIL Vitt BIWATxn(129MM) MILL&GARDEN Ste[ M NOLLDTCORDOVA.JL R0VZWrg.VAN DYWATiR(1921-1990) P.O.Bnx 2]2 EDWARD VXCVXMGftKJA. DAVEDAEC&Omom . :. P0UGHKXEPsE,KCwY0ItK 1202 JAaoW"IMN 1Ama JL I+[XLzm 045)452-SNO SVIANNALREMLL GZRAnni COW"Tos rax(34S)est-b848 F=Anrra A.R00U RONALD C BLAM ML PMR.):DRAnen.4,JL asBECCA a 301vaca &),%AMADDRYsa: COMM VAXDI WAIMAV/@A0LC0M bUCLULG6HAM o�nyek sumo ��s aosuvxwsG December 19, 2000 VIA FAX AND HAND DELIVERY Crystal Clear Abstract Corp. 2 Cannon Street, Suite 309' Poughkeepsie, New York 12601 Re. Your Title No. CC-10597 Dear Sir/Madam: Enclosed for recording please find the following easements: 1. Drainage and Water Valve Easement between William and Joanne Margerum and the Town of Wappinger together with TP-584; 2. Drainage and Water Valve Easement between Todd and Kim M. Virtue and Town of Wappinger together.with TP-584; and 3. Water Valve Easement between Jeffrey and Christine Kidd and Town of Wappinger together with TP-584. Our attorney check in the amount of$93.00 payable to the Dutchess County Clerk is also enclosed to cover the recording and filing charges. Please issue an amendment under the above noted title number and forward to Albert P. Roberts, Esq. and Daniel Curtin, Esq, as soon as possible. Thank you. Sincerely, VAnZVAN EWA R, LLP By: GERARD J. CO OS GJClcap Enclosure rc Albert P. Roberts, Esq. (via fax wlout enclosures) Daniel Curtin, Esq. (via fax wlout enclosures) DEC 21 '00 14:42 FR UAN DEWATER 914 452 5512 TO 2974558 P.04/17 DRAINAGE AND WATER VALVE EASEMENT Easement made the �—* day of,00", 2000, between WILLIAM MARGERUM AND JOANNE MARGERUM, Husband and Wife; residing at 8 Farms End Road, Wappinger Falls, 'New York .12590 ("Grantor") and, TOWN OF WAPPINGER, a municipal corporation having an office at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590 ("Grantee") . WITNESSETH, that the Grantor, in consideration of One ($1 . 00) Dollar, lawful money . of the United States, actual consideration paid by the Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, a perpetual easement and right-of7way to enter upon and lay, construct, install, operate, clear, clean„ maintain, repair, alter, expand, replace and inspect a drainage system, including lines, pipes, culverts, catch basins, ditches and appurtenances, or a combination thereof, for the purpose of conveying, diverting and discharging storm water runoff in, on, over, under, across and through the real property described in schedule A annexed hereto (the "Drainage Easement Area") . The Grantor also hereby grants and conveys unto the Grantee all the Grantor' s right, title and interest in and to the lines, pipes, appurtenances and materials installed or placed on or within, or to be installed or placed on or within, the Easement Area. And the Grantor does hereby further grant and release unto the Grantee, its successors and assigns forever, a perpetual easement and right-of-way to enter upon and lay, construct, install, operate, clear, clean, maintain, repair, alter, expand, replace and inspect the water valve and related water line and appurtenances in, on, over, under, across and through the real property described in Schedule A-1 annexed hereto (the "Water valve Easement Area") _ AND the Grantor hereby covenants that the Grantor is seized of the Easement Area in fee simple and has good right to convey this easement; shall not erect any buildings, walls, fences, structures or other improvements, or plant any trees or shrubs ' on or within the Easement Area; shall not interfere with or cause injury or damage to said lines, pipes, appurtenances and materials; shall do nothing in the Easement Area which would prevent, impede or disturb the full use and intended purpose of this easement by. the Grantee; and shall execute and deliver any further documents necessary to assure the easement granted herein to the Grantee. TO HAVE AND TO HOLD the Easement herein granted unto the Grantee, its successors and assigns forever_ DEC 21 '00 14:43 FR URN DEWRTER 314 452 5612 TO 297455e P.05/17 IN WITNESS WHEREOF, the Grantor has executed this instrument as of the date first set forth above. W LLIAM MAR R J NE MARGERUM STATE OF NEW YORK } ). s .s. . COUNTY OF DUTCHESS ) On the A day of in . the year 2000 before me, the undersigned, a notary public in and for said state, personally appeared WILLIAM MARGERUM, 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 the 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. otary PIRlic STATE OF NEW YORK ) R 1� ,5:-,Y�+ yo". a,is. ax ��'3�tiG;Y770 COUNTY OF DUTCHE�S5 ) Afy On the ,ZA day of in the year 2000 before me, the undersigned, a notary public in and for said state, personally appeared JOANNE MARGERUM, 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 the 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. le" N tart' Pu c RECORD AND RETURN TO: %tal,5'3iE a•.krr,Yui Albert Roberts, Esq. ,S.2,� Vergilis, Stenger, Roberts & Pergament 1136 Route 9 Wappinger Falls, New York 12590 K:XW PDOCSIAndRyn\Town of Wapping Drainage easement and water valve easement-Marsenuetwpd DEC 21 '00 14=43 FR UAN DEWA7ER 914 452 5612 70. 2974558 P.06/17 SCHEDULE A DRAINAGE EASEMENT 1.A - ORCHARD DRIVE EXTENSION All that certain tract or parcel of land. situate in the Town of Wappinger, County of Dutchess and State of New York bounded and described as follows: Beginning at a point in the southerly line of Lot 1 as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess County Clerk' s office on March 10, 1999 as Map #1.0, 749, said point being distant North 78-08-30 West 16. 09 feet from its intersection with the westerly line of Farms End Road, and running from thence along the northerly line of lands now or formerly of the Town of Wappinger (Liber 1824 page 572; , 11orth 78-08-30 West 10 .00 feet to the southeast corner of Drainage Easement No. 1 as shown on said map; thence along the easterly line of said easement, North 11-51-30 East 10 .00 feet to a point; thence continuing through hot 1, South 78-08-30 East 10 . 00 feet and South 11-51--30 West 1.0. 00 feet to the point of beginning. DEC 21 '00 14:44 FR IRAN DEWRTER 914 452 5612 TO 2974558 P.07/17 SCHEDULE A-1 WATER VALVE EASEMENT 1B - ORCHARD DRIVE EXTENSTION All that certain tract or parcel of land situate in the Town of Wappinger, County of .Dutchess and State of New York bounded and described as follows : Beginning at a point in the northwesterly Zine of Farms End Road as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess County Clerk' s Office on March 10, 1999 as Map # 10, 749, said point being distant North 54-30-00 West 52 . 50 feet from the center of the cul-de-sac at the northerly .end of said road, and running from thence through Lot 1 as shown on said map, North 54-30-00 West 4. 00 feet, northeasterly along a curve to the right having a radius of 56. 50 feet for a distance of 5. 38 feet and South 49-02-35 East 4 . 00 feet to a point in the northwesterly line of Farms End Road; thence along the same, southwesterly along a curve to the left having a radius of 52 . 50 feet for a distance of 5. 00 feet to the point of beginning_ DEC 21 '00 14;44 FR uANDEWATER 914 452 5612 TC 2974558 P.09/17 7p-384(10/96} • Recording Office Time Stamp �. New YOM Slate Department of Taralfon and•Finance' Combined Deal Estate Transfer Tax Return and, Credit Line Mortgage Certificate' See instructions(T 641 before comMoU this farm.Please 'Cor type. ScheduleA—fnforrnation Relating to Conveyance Grantor - Name(ef]vdfykd cast,b-sr,mtddra rnrrrsl} Scdar security Number KKIndividaaf Mar .erum William C. and Joanne J. 07 46 4634 O Corporation . Mailing address SodalSecurily Nwnber ❑•Partnership 8 Farms End Road 067 56' 7959 ❑ Other City State Z(P code federal amp4 er idem ritanw Wa fn er Falls NY 1Y59Q Granm Name fda,o9YAOf,•tasG res,,mjdd4 h-AtialJ Socia[saeruiiy Number ❑ Individual Town of Wa pinger } ,Rai Matting address SodaI Security Number p Parinership 20 Middlebush Road ❑ Other City State ZIP code Federal employer idem.number Wappingers Falls NY 12$90 , Location and desmi tion o! P progeny conveyed- 46 Tax ma desi nation Address CityNl a77= Section Block tot 6257 01 22657 $ Farms: End Road chess. C� C-Sa"rystir� On�jr� Type of property conveyed(check appkcabfe box) 1 ❑ 1 -3 family house S ❑ Conarnercialfindusidal 2 ❑ Residential cooperative 6 ❑ Apartment building pate of conveyance Percentage of real property '3 fl Residential condominium 7 ❑ Office burldin 4 p Vacant land 8 gt}t:Other drainage conveyed which Is residential and water a soy �� real property f a % . valve easement (aee;nstructfans) Conditlon of conveyance (check all rhaf apply) a Conveyance of fee iateresi L _Conveyance which consists of a more k -Contract assignment b. -Acquisition of a controlling interest(sials charge of identify or Corm of ownership or ). _Option asstgnment or surrender percenWBe acquired %) Organization(armee Fam TP-594.1,sdredWe 19 m. _Leasehold assignment er surrender e. -Transfer o(a controlling inter=(state 9• -Conveyance for which credll for tax n Leasehold grant percenlago translarred %) previously paid will be claimed a •XConvoyanoo of an easoment 3L -Conveyance to 000perolive housing (aaaar Form MMJ.1.Srhedyk G) P. -Caner yance for which exemption from eorporafon., h. -Conveyance of coopero6ve apartment(s) transfer tax-f$cfaimod(cOmplele Schedule 8, e.' _Conveyance pursuant to or in Ileu of i, —Syndication Part 111) foreelosura or enforcement of semrfty _ j, _Cons q• —Conveyance of properly partly within and Conveyance of air rights or development pub wllhoul the state interest(sNaah Fam TP.Sd[f,Sohadura Et rights - , nedule 8 Real•Estate Transfer Tax Re#urn ArUcle 31 of the Tax Law)- PartI. Other(dasmpr9J I-Computation of Tau Due 1 Enter am unt of consideration for the conveyance pf you are 0WMjr*ra rolaf examption from tar,chock the exemption dafined`bor,,enterwiWaramlfonandpraaeedtoParurl)._._....... CExemptioncfaimed 1 2 Continuing lief deduction(see inunctions it property 1s taken sdhject ra mortgage,or,lien)......,,, 2 3 Taxable corlsideralion(subtracr kris 2 hom line 1)...•.............. 4 Tax;$2 for each$soo,or fractional part thereof,of consideration on li . r 8 5 Amount'oi credit claimed sae insr rte 3 ) 4 { nrc!lans and aNaeh Form TA•SB4,1,Schedule G.......... 5 & Total tax due'(subtracrNne 5 from free al................ Part.Il—Computation of Additional Tax Due on the Conveyance of Residential Real properly lor,$1 Million or More 1 Enter amount of consideration for conveyance(from Part i,line 1)................................ Z Taxable consideration(mvlplykne•1b the " 1 y Pa+ce»rggo of the Womkas which is tesiderrftgt real A'oPerg sec hnirrxtwns)...... 2 3 Total additional transtertax due•(1%orgna2).................... 9 'Please make check(s)payable to the county clerk where the recording is to take place or if the recording is to take place in New York City,make checks)payable to the NYC Department of Finance Ii no recording is required,send this return and your check(s)made payable to the Department of Taxatlon and Finance,directly to the NYS Tax Department,T713-Transfer Tax,PO Box 5045,Albany NY 12205-5045. For recording officer's use• Amount Date received Transacifon number received Pant s Part 7r ¢ - DEC 21 '00 14:45 FR UAN DEWATER 914 452 5612 TO 2974556 P.09/17 DRAINAGE AND WATER VALVE EASEMENT Easement made the day of April, 2000, between TODD VIRTUE and KIM M. 'V'IRTUE, Husband and Wife, residing at 9 Farms End Road, Wappinger Falls, New York 12590, ("Grantor") and TOWN OF WAPPINGER, a municipal corporation having an office " at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590 ("Grantee") . WITNESSETH, that the Grantor, in consideration of One ($1 . 00) Dollar, lawful money of the United States, actual consideration paid by the Grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, a perpetual easement and right-of-way to enter upon and lay, construct, install, operate, clear, clean, maintain, repair; alter, expand, replace and inspect a drainage system and the water valve, including lines, pipes, culverts, catch basins, ditches and appurtenances, or a combination thereof, for the purpose of conveying, diverting and discharging storm water runoff in, on, over, under, across and through the real property described in Schedule A annexed hereto and for the purpose of maintaining the water valve located therein (the "Easement Area") . The Grantor also hereby grants and conveys unto the Grantee all the Grantor' s right, title and interest in and to the lines, pipes, appurtenances and materials installed or placed on or within, or to be installed or placed on or within, the Easement Area. AND the Grantor hereby covenants that the Grantor is seized of the Easement Area in fee simple and has good right to convey this easement; shall not erect any buildings, walls, fences, structures or other improvements, or plant any trees or shrubs on or within the Easement Area; shall not interfere with or cause injury or damage to said lines, pipes, appurtenances and materials; shall do nothing in the Easement Area which would prevent, impede or disturb the full use and intended purpose of this easement by the Grantee; and shall execute and deliver any further documents necessary to assure the easement granted herein to the Grantee. TO HAVE AND TO HOLD the Easement herein granted unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this instrument . as of the date first set forth above. TODD VIRTUE 4f 6�497 7,_'�2 KIM M. VIRTUE DEC 21 '00 14:45 FR UAN DEWATER 914 452 5612 TO 2974559 P. 10/17 STATE OF NE W YORK } s.s . . COUNTY OF DUTCHESS } S��nn6e(" On the,;IS4,\ day of -Apri- in the year 2000 before me, the undersigned, a notary public in and for saJ:d _ State, personally appeared TODD VIRTUE, 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 the 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. Tatw-f N Notary Public Momd6,M4 ew ' 10 �► STATE OF NEW YORK s .s . . COUNTY OF DUTCHESS ) On the day of April in the year 2000 before me, the undersigned, a notary public in and for said state, personally appeared KIM M. VIRTUE, 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 the 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 S*wn to am p DOL02E$A.HU8%jC4 RECORD AND RETURN TO: y NOTARY PUBLIC OFWWjEMy � Albert Roberts, Esq. COMM4S}on Expljes4/29/ Vergilis, Stenger, Roberts Pergament 1136 Route 9 Wappinger Falls, New York 12590 XAWPDOCMAMLvn\Town of Wappingeeominage easement and water valve vwmett.Ysstue_wpd DEC 21 '00 14:45 FR URN DEWATER 914 452 5612 TO 2974558 P.11/17 STATE OF V Z ) COUNTY OF ) ss: On (1�2 , 2000 before me, the undersigned, personally appeared Kim M. Virtue 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 that by his signature on the . instrument, the individual or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearances before the undersigned in W , _ -rt ung. _ (To ) 0 (State) 0 dit Notary Public MICHELE M.MAIM Notary Public,State of New Yb* Residing In Dotcha"County �O f Commission Expires may 26, DEC 21 '00 14:46 FR URN DEWRTER 914 452 5612 TO 2974558 P. 12/17 SCHEDULE A DRAINAGE AND WATER VALVE EASEMENT 3A - ORCHARD DRIVE EXTENSION All that certain tract or parcel of land-situate in the Town of Wappinger, County of Dutchess and State of New York bounded and described as follows: Beginning at a point in the easterly line of Farms End Road as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess County Clerk' s Office on March 10, 1999 as Map #10, 749, said point being the southwest corner of Drainage Easement No. 2 as shown on said map, and running from thence along the southerly line of said easement, South 7935- 0 25 East 17 .76 feet to a point; thence continuing through shown on said map, South 10-45-05 West 29. 62 feet to the northeast corner of Drainage Easement No. 3 as shown on said map; thence along the northerly line of said easement, North 78-08-30 West 17 .83 feet to a point in the easterly line of Farms End Road; thence along the same, northerly along a curve to the left having a radius of 52. 50 feet for a distance of 29.72 feet to the point of beginning. DEC 21 100 14:46 FR UAN DEWATER 914 452 5612 TO 2974558 P.13/17 -P-584(101961 Recording Office Time Stamp 140w fork Stere Dw3rfrnenl or Tarwbn and,peonm Combined peal Estate Transfer Tax Return and, Credit Line Mortgage Certificate See insrruc(>ons(TP 5f341 before earn crit this Dorm,please print or t Schedule A—Information Relatinq to Conv ante Grantor Name(WMXV 1W fast.flier,rrridc&kwalf Social Security Number Individual Virtue, Todd and Kim M. ❑ Corporation Mailing addrens ❑-Pannerghip 9 Farms End Road Soci�16ecurity Number ❑Other City Sla1e ZIP code Federal enlpbyer idem nurnAer Wa inger Falls - NY 12590 Grantee Name rrlindgdae,t•rarr,&sr,MkWe6aRap Ivitluat Social Secun'ty Number i� ❑ 1 Town. of Wa in ere Wwapl� Mailing address Social security Number p parmeramp 20 Middlebush Road ❑Other City Stale ZIP code Federal emptoyer idemmb nuer Wa in er FalLs. NY 12590 Location and description of property conveyed Tax ma desi nation �s Section Mock Lot Cily ' e Town County 19 266 9 FarMS End Road .6257 01 569 WAppinger Dutchess Type of properly conveyed(check sppAcahlabox) 1 ❑ 1 -3 tarnRy house 5 ❑ CommerdaUlndustrial 3 ❑ Residenital cooperative s ❑ Apartment building Date of conveyance Percentage of real propery El Residential condominium 7❑ Office building Y 4 ❑ Vacant land 8 M Other bra,_.. -U- p_ conveyed which is residential and water valve real pmperty ff3 j V. Condition of conveyance(check all that apply! (see insuuctions) a _Com llyanw of tae interest r. _CCnveyance which consists or a mere k _Contract assignment b, -AcqulsiGon of a controlling Interest(slate change of identiry or form of ownership or ). _Option asAgnment or surrender Percentage acquired y,) organitalion rnarh Form TP•sad,f,5rhecrWe r7 M. _Leasehold assignment or surrender C. _Tf"er of a controlling Interest{stale g• -Convoyanre ter which credit for tax n. Leasehold grant peroent89e transferred „_%) previously paid iwll be claimed o. �Corlveyaneo of an easement . Conveyance to cooperative housing (attach Form 1P.See,1,SCmduie GJ P- -Conveyance for which exemption from corporation- h. .Conveyance of cooperative apartmenl(s) transfer taxis claimed(complete Schedule 8, e-' -CCnveyanee pursuant to or in lieu of L -Syndication Part in) foreclosure or enforcement or security a j. _Conveyance of air rights or development a' -Conveyanoe of properly potty Ahln and interest(utrob Form TP-M4.r,Schoduro FJ rights Awt7 without the state Schedule 8— Real.Estat Transfer Tax Return Article 31 cif the Tax Law)'�her.(d re.) Part I-Computation of Tax Due 1 Entet amp{unt of consideration for the conveyance(7 you are claiming a total exemption from tar,cheek the o amptiw, daimad'bar,-enter cenWWation arid F-promW(o part(11)......... ....................... Exemption claimed 1 CTrti 2 Continuing lied deduction(sea fnstrudfans if property is taken subject 10 mortgage or lien)............. 3 Taxable2 consideration(subvad line 2 from line T).............................. 4 Tax.$2 for each Wo,or fractional part thereof,of consideration on line 3 .... 3 4 5 Amount of credit claimed{see instruaer(nns and attach Form TP•584.r,Schedule G 5 Total tax due"(subrraot Nne 3I/ m Ane a 1 5 .......................................................................... S Part u-Computation of Additional Tax Due on the Conveyance of Residential Real Property for$1 Million_or More 1 Enter amount of consideration for conveyance(from Part I,line 1)....... .......................:......... 2 Taxable'consideration(murllpiykne 7 by he peroeef,�ge or the premises which is res,denflar tea!property;see insVucgons)..,,,. 2 3 Total additional transfer tax due,(rx of bne 2)........_..... 'Please make checks ...._.g.;.........P......... ............9....._....p 3 ()payable to the county clerk where r.. ......in is to take lace or it She recordin is to take lace in New York City,make Cheek(s)payable to the NYC Depanment of Finance.ft no recording is required,send this return and your check(s)made payable to the Department of 7axatlon and Finance,directly to the NYS Tax Department,MB-Transrer Taut,P.0 Box 5045,Albany NY 12205-5045. For recording officers use Amount Date received Traruactton number recelved fun I s pan 11 $ DEC 21 '00 14:47 FR UAN DEWATER 914 452 5612 TO 29?4558 P. 14f1? MATER VALVE E EMENT L Easement made the / F day o 2000, between JEFFREY KIDD and CHRISTINE KIDD, Husband and Wife, residing at 11 Farms End Road, Wappinger Falls; New York 12590 ("Grantor") and TOWN OF WAPPINGER, a municipal corporation. having an office at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590 (""Grantee") WITNESSETH, that the Grantor, in consideration of One ($1 . 00) Dollar, lawful money of the United States, actual consideration paid by the Grantee, does hereby grant and release unto the- Grantee, heGrantee, its successors and assigns forever, a perpetual easement and right-of-way to enter upon and lay, construct, install, operate, clear, clean„ maintain, repair, alter, expand, replace and inspect a water valve and related water line and appurtenances in, on, over, under, across and through the real property described in Schedule A annexed hereto (the "Easement Area") . The Grantor also hereby grants and conveys unto the Grantee all the Grantor' s right, title and interest in and to the lines, pipes, appurtenances and materials installed or placed on or within, or to be installed or placed on or within, the Easement Area. AND the Grantor hereby covenants that the Grantor is seized of the Easement Area in fee simple and has good right to convey this easement; shall not erect any buildings, walls, fences, structures or other improvements, or plant any trees or shrubs on or within the Easement Area; shall not interfere with or cause injury or damage to said lines, pipes, appurtenances and materials; shall do nothing in the Easement Area which would prevent, impede or disturb the full use and intended purpose of this easement by the Grantee; and shall execute and deliver any further documents necessary to assure the easement granted herein to the Grantee. TO HAVE AND TO HOLD the Easement herein granted unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this instrument as of the date first set forth above . nVZA J CFfRISTINE KIDD DEC 21 '00 14:47 FR UAN DEWATER 914 452 5612 TC 2974558 P.15/17 STATE OF NEW YORK ) COUNTY OF DUTCHUS ) On the 1S� day of� in theear 2000 Y before 'me, the undersigned, a notary public in and for said state, personally appeared JEFFREY KIDD , 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 the 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 ) ALeERT P.ROBERTS ) S .S . : ROTARY PUBLIC, State of New York COUNTY OF DUTCHESS } Qualified in nutchess County CL COr"M;ssion F-epireS Feb,28,20 Q On the !$ day of in the year 2000 before me, the undersigned, a notary public in and for said state, personally appeared CHRISTINE KIDD , 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 the 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 RECORD AND RETURN TO: NoZARYtenTP, ROSERTS PUBLIC.State of New York Albert Roberts, Esq. Corn O alifiion Etn Qtjtchess County Vergilis, Stenger, Roberts & Pergament xPtresFeb.28.20 CP 1136 Route 9 Wappinger Falls, New York 22590 K:\WPDOCS\Andlyn\Town of Wappinger\Water Valve Easement - Kidd.wpd DEC 21 '00 14:47 FR UAN DEWATER 914 452 5612 TO 2974558 P. 16/-17 SCHEDULE A WATER VALVE EASEMENT 2A - ORCHARD DRIVE EXTENSION All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York bounded and described as follows: Beginning at a point in the northerly line of Farms End Road as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess County Clerk' s office on March 10, 1999 as Map #10, 749, said point being the southeast corner of a snow easement as shown on said map, and running from thence along the easterly line of said easement, North 28-53-56 East 5. 00 feet to a point; thence continuing through Lot 2 as shown on said map, easterly along a curve to the right having a radius of 57.50 feet for a distance of 5. 48 feet and South 34-21-20 West 5. 00 feet to a point in the northerly line of Farms End Road; thence along the same, westerly along a curve to the let having a radius of 52 .50 feet for a distance of 5.00 feet to the point of beginning. DEC 21 `00 14:46 FR UAN DEWATER 914 452 5612 TO 2974558 P.17i17 TP-584(101g6) Reoording Office Time Stamp New York SWa Depazunent or Tualion and-Fir4rwce' Combined Real Estate Transfer Tax Return and; Credit Line Mortgage Certificate' See InstructionspelQre completing this torn,Please print or type, Schedule A—Information Relating to Conveyance Granior Name j716vc-aakfUl.Pr5L&addle W&ij XX Irrdtvdual Kidd Sef re P.and Chri"stine M_ Smber 09f0 56v 3367 0 Corporallon . Maling addrass Soda Security Number p•Partnership 11 Farms End Road 059 72 6612 D Other CRY State .ZIP code Federal employer!dent aumbar W n er Falls my 12590 Grantee Name(A'lri oxAWAM rest mrddre i+aaap Social Security Number mdrvtdual Town.of Wa inger ',�. S>Ual Mailing address 20 Middlehush Road ' SoowlSecurity Number []Partnership _ 0 Other CAV State ZIP code F em rident r Wa in er Falls NY Location and description of properly conveyed r . Tax me desi nation Address Git N,•Ila Town Se_edon Block Lot Count 19 11 Farms End Road Wappinge Du°tchess 6257 01 245 572 Type of property conveyed(rhe,*spplfcable box) 1 ❑ 1-3 family house 5 ❑ CommerciaAndustriat 2 ❑ Residential cooperative 6 0 Apartment building Date of conveyance'3 0 Residential condominium 7 0 Office building y Percentage of real property 4 ❑ Vacant land a JU Other xr1$Al�___ conveyed which is residential valve easement 9ft4m ear reaiproperty_ 4Ltj! %. Condition of co (sae rresfrrretrorrsJ +rveyanee(check all that apply) a. –Con*mce of fee interest J. –Conveyance which consists of a mere k. –Conrad assignment b. –Acquisition of a controlling interesi(state change or kfentity Or form of ownership or I, –OPtion assignment or surrender Percema®e aequlred — S6) Organizalipn(&Nash Form TP.w i.s0ftble Fj m. –LeasehoJd assignment or surrender Q –Transfer of a controlling inierw(state g. –fronveyance for which credit for tax n. _Leasehold grant percenlaga transferred y,) preciously paid;miff be chimed o. conveyance of an easement Conveyance to cooperative housing razoh Farm 7P,564,f,Sche$yle 0) P• –Conveyance for which exemption from eorporarion - h. –Conveyance of cooperative aparimengs) transfer taxis claimed(complete Schedule H, Conveyance pursuant to or in lieu of i, _Syndication Part At) foreclosure or onforcernent of security ,• j. Conveyance of air rights or development Q' –Conveyance Of property partly within and interest(eNacrr Form TP,6B.r,r,Sdreewe 4 rights perlty whhout the stale ' B r. Schedule _01har(dosbraaJ Real Estate Transter Tax Return ArfiCle Si of the Tax I.aw Part I—Computation of Tax Due 1 Enter,am unt of consideration for the Conveyance(If you are claiming a foral exemption from rax,check the exemption darmmcd Xenter censid&rzWoft midpmwacrtoParf111) ............... ]Exemption claimeda 2 Continuing lief dedugion(see rrrstucrio,rs r7 propenyls takes subject to mortgage or lien)..................3 Taxable consideration(subfracl tine 2(n nv rine r4 Tax forJ....................... .................,..........,.............$2 cath$500,or fractional part thereof,of consideration on lino 3 .........5 Amount of credit claimed sae&xa .. ............( truclrons and alfaah Farm TP584,t,Schedule G).......,.... 6 Total lax due'(subiracf line 5 kom 11ne 4 Part.11–Computation of Addilionai Tax Due on the Conveyance of Residential Real Property for•$1 Milfion or More 7 Enter amount of consideration for conveyance(from Fart 1,line 1)................. 2 Taxable consideration(mulrlply lure 7 by dra perrnnWge of rho prerrs<ses wh ay is restdML'alrral :•.1..,"' 1 3 Total additional transfer tax due'(I%of Nne 7) 'Please make check(s)payable to the county Berk where the recording is to take place or if the recording is to take place in New Yark City,make checks)payatWe to the NYC DepadmentofFlnance.If no recording is required,send this return and your checks)made payable to the Department of Taxation and Finance,directly to the NYS Tax Department,TTTS-Transfer Tax,PO Box 5045,Albany NY 12205.5045. FOr recording onicees use Amount Date received r"Ved Transaction number P&rl] i pari 11 s ** TOTAL PAGE.17 VERGILIS, STENGER, ROBERTS & PERGXXIENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE. 9 WAPPLNGERS FALLS, NEW YORK 22590 (845) 298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER AMY E.WOODARD ALBERT P.ROBERTS e-mail:VSRP@BesrWeb.Ner IRA A.PERG.AI4IENT KRISTEN S.GUTHRIE ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE.NY 12601 MARIA J.GRECO (845)452-1046 *ADMC=TO PRACTICE ADDRESS REPLY TO-[ }POUGHKEEPSIE IN NY&FLA. O WAPPINGERS **ADMTTTE.D TO PRACTICE IN NY&CONN. HAND DELIVERED January 8, 2001 Crystal Clear Abstract Corp. 2 Cannon Street— Suite 301 Poughkeepsie, New York 12601 Attention: Peggy Myers Re: Orchard Drive Extension Subdivision - App. No. 98-5026 Title No. CC- Our File,. . Dear Peggy: In connection with the Orchard Drive Extension Subdivision, I enclose herewith the following documents for recording: 1) Deed dated December 22, 2000 together with TP-584 and RP-5217 (Deed to road); 2) Grant of Snow Easements (for Lots 1 and 2) together with TP-584; and 3) Grant of Drainage Easements (for Lots 1 and 3 — 3 descriptions) together with TP-584. The above documents are to be recorded together with the documents forwarded to you by Gerard J. Comatos by letter dated December 19, 2000. The Title Policy should include all the enclosed parcels as well as the other easements delivered to you a by Mr. Comatos. Please be careful to omit numbers 4, 5 and 12 from Schedule B. Also, please confirm that a Deed dated November 30, 1998 from Contrail Associates of Wappinger to the Town of Wappinger conveying a portion of a conservation area has in fact been recorded. If that deed has not been recorded, please Page 2 advise immediately, the conservation area is also to be included in the Title Policy. 1 also enclose my copy of the title report which I ask be marked up and returned with the recording receipt for the above. Thank you for your courtesy and attention to this matter. Very truly yours, VERGILIS, STENGER, ROB-ER-TS & PERGAMENT ALBERT P- OBERTS APR/bg Encl. cc w/o encls: Hon. Constance O. Smith, Supervisor Hon. Robert L. Valdati,.Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) JAN-25-2001 THU 01,20 PH FAX H0, P. 02 D'U'TCHESS COUNTY CLERK MENU: F'MCM004M 22 MARKET STREET A00223 JJb PHONE: 486-2134 DELETE; N VOUGHKEEPSIE N.Y. 1260 OTHER/DATE CR/DEBIT CODE CONT RECPT NO SERIAL NO. PATE C RA 804688 01/25/01 MORTGAGE TYPE. RECEIVED FROM: CRYSTAL CLEAR 0 FEE TOTAL; 0 #COMPLETEDi SUBTOTALI ACCT# AMOUNT COMENT #PC} 'TYPE DOCUMENT 25. 00 EASEMENT & 01 02 DEED # fB9 020 030 5 .00 02 AFFIDAVIT 070 .25 03 RECORDS MGMT, -LOCAL 504 4.75 04 RECORDS MGMT . -STATE 05 06 07 Oa 09 TAX DIST: 19 WAPPINGER M/OR: TAXABLE AMT. 0 .00 M/EE: TAX AMTi 0.00 G/OR, CONTRAIL ASSOCIAAATES 0�' WAPPINGER FS_PREV M=BR BWD F9�BR FY1D G/EE: WAPPINGER TOWN JAN-25-2001 THU 01:20 PM FAX N0. P. 03 DUTCHESS COUNTY CLERK MENU: FMCM004M 22 MARKET STREET A00225 JJF 'PHONE: 486-2134 POUGHKEEPSIE N.Y. 12501 DELETE: N RECPT NO SERIAL N0. DATE TIME OTHER/DATE CR/DEBIT CODE CONT AE Ra4690 01/25/01 12:02 .28 C RECEIVED FROM: CRYSTAL CLEAR MORTGAGE TYPE: FEE TOTAL: 41.00 SUBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT# AMOUNT COMMENT #PG8 01 02 DEED # 690 010 3X.00 02 AFFIDAVIT 030 5.00 1 03 11. TRANSFER TAX #004629 290 .25 04 RECORDS MGMT. -LOCM., 070 4 75 05 RECORDS MGMT. -STATE 504 06 07 08 09 TAX DIST: 19 WAPPINGER M/OR: TAXABLE AMT: 0 .00 M/EE: TAX AMT; 0.00 EV G/OR: CONTRAIL ASSOCIATES OF WAPPINGER F6�p AM FB-BR BWD F9wBR 'WD G/EE; WAPPINCiElZ TOWN JAN-25-2001 THU 01:20 FM FAX NO, F, 04 DUTCHESS COUNTY CLERK MAE00?1FMCM0049 PHONE: 486-2134 22 MARKET STREET aJF POUGHKEEPSIE N.Y. 12601 DELETE: N RECPT NO SERIAL NO. DATE TIME OTHER/DATE CR/DEBIT CODE CONT R04686 01/25/01 11:54 :05 RECEIVED FROM. CRYSTAL CLEAR MORTGAGE TYPE: FEL TOTAL: 54 .00 SUBTOTAL: #COMPLETED: TYPE DOCUMENT ACCT# AMOUNT COMMENT #FG4 01 02 DEED # 688 010 19.00, 02 AFPTDAVIT 030 5.00 03 EQUAL/ASSESS-CLERIC F 032 3 .00 04 EQUAL/ASSESS-STATE F 509 22 .00 1 05 1.1 TRANSFER TAX #004627 290 06 RECORDS MGMT. -LOCAL 070 . 25 07 RECORDS MGMT. -STATE 504 4 .75 08 09 TAX DIST: 19 wAPPINGER M/OR' TAXABLE AMT; 0 . 00 WEE. TAX AMT: 0 .00 G/OR: CONTRAIL ASSOCIAATES OF WAPPINGER F6@ AM F8�8R SWD F9-BR FWD a/EE: WAPPINGER TOWN JAN-25-2001 THU 01:21 PN FAX N0. P. 05 DU'TCHB88 COUNTY CLBRZ RHOORDING P?*GB RECORD & RETURN TO: RECORDXD: 06/08/1899' ALBERT ROBERTS BSQ 1611 ROUTE 9 AT: 09:57:36 WAPPINGERS FALLS NY 12590 DOCUMENT iM: 02 1999 4842 GRBCRMD PROM: HMKIH HANIG STALL & CAPLICKI GR)MOR: CONTR?IL ASSOCIATES Or, WAPPINGER �3 GRANTEE: WAFPI6:GER TOWN RECORDED IN: DP'ED TAX [� INSTRUMENT 171PE: D1211RICT: WAPPINGER r FMAMINED AND CHARGED AS FOLLOWS: RECORDING CHARM 54.00 NUMBER OF PAGES: 4 TRANSFEF TAX AMOUNT: TRANSFER TAR NUM3ER: 1007680 E & a FORM; Y *** DO NOT DETACH THIS PAGE t*t THIS IS NOT A BILL TP-584. Y COUNTY CLERK BY: KOK � BATCH RECORD: B00107 W �7ILI,IA�i L. PA&o , JR. IF{ I`I ISIS``E I County Clerk I� Jill 4 i �r JAM-25-2001 THU 01:21 PM FAX N0, P. 06 �r y4 .i ""N"M MYAT.U,rviaa YQU2•frartl{Iq Nd earn I1tNt kidh CA1tluN AeuLut UnMgr4 Am-LdlrtdMi or Carponr10n(sugle tics). CONSULT YOUR LAWYER ORPORF SIGNING TIIIS)NWMUAPMNT-'PHIS INnR%IENTblfOULD REVS31)P �a"t LAWYNIM ONLY, TIES INDENTURE,made the 3a day of November,nireteon hwidrod and nine:ty.tisht $L"f4VE>yN CONTRALL ASSOCIATES OF WAPPINGER,a sale prapArtorship with offices at 1400 Route S2,Suite 3,Hopowell!unction NY 12313 and the successor to Contrail Assochues of Wappingrr, [)' a New York General Pannuttip party of the fust part,attd TOWN OF WAPPRYCER,a municipal corporation,with otlices at 20 Middlcbosh Road,Wappingers Falls NY 12590 party of the second part, WITNESSETH, that the party of the first part, in conslderulon or Ten Dolk" and other valuable tonsideradon paid by Ilse party or the second part,docs hereby Erant end rakase unto the party of the secant part,the hells at suaccssom and asaigncs of the party of tho second part forever, ALL that lot,parcel or iend situats in the Town of Wappingcr,County of Datchess,State of Ncw York. and being the parcel A as shown on the IInAI subdivision of lands of Orchard Drive Extension being s conveyed to the Town of Wappioger far the conservniloa area and being mon:partioularly described on the attpctcd Schedule A. T7tis conveyance is of prerdses which do not constitute all or substantially all of the,assets of rho party of the first part,and rusher,this conveyance Is made in the regular course orbusiness actually conducted by the party of the first prat. iPREMSES ARE NO'Ir SUBJECT TO A CREDIT LINE MORTGAGLr. TOGETHER with sill right,tldc and metas,Irony,of the party of the first parr in and to nny streets and rogds abutting rho about deacribod prrasthes to the trotter lines thereof; TOGETHER with the appurtenances and all the estate and rigW of the party of rite first part in aunt to snit)promises;TO HAVE. AND TO HOLD the premises herein tented unto the pnrty of the secant)part,the heirs or successors Incl ensigns of the party of the second pan fotevtr. AND the party of the first pan covenants that the party of the first part has amt dew or salluml anything whereby Lhe Haid premisft•have been mcurnberod in any way whatever,except as aroresaid. AND the party of the first part,in compliant with Section 13 of the Lien I uw,eovonnnts that rho party or the First pan will rattle a the consideration for this conveyarwa nod twill hold the right to receive such consideration rs a trust fund to be applied first for the pmposc of paying the cost of rite hnproventent nod wul apply the sane not ro the;payarcrst or the cost of the Imprrrvcment before using any part of ilia total of the some for any other purpose. The word"party"shall bawrsstrttod u If it rued"partica'whenevor the settee of this indantum so rot WM6. IN WITNESS WHEREOF,the.party or the first pun has ttuly exsattlW this(iced the day and year fust above written. IN PRFSENCC OF; A OCIAM717 NGER - i.;z n FRA K B..-A ai JAN-25-2001 THU 01;21 PM FAX N0. P. 07 RAYMOND E, HEINSMAN,F.L.S.,r.?. LAND SURVEYING AND PLANNING,P.L.LC 09 ROute 9,Suite 167 • 44 eppingen Fall$.NK 1259a (914)297.9435•(914)SM-7666•Faxi(9141 W.W12 October 16,1998 DESCWTION PAIOM A ORCHARD DRIVE FXrENSION SUMIVISION E TOWN OF WAPFIN13ER All that lot,patcel or nloec of fad sittwo in tbo Town of Wapputger,County of Dutchass, Stale of New York,wid being parcel A as shown on the final subdivision of lairds of Orchard Drive Extca 4on being,conveyed to the Town of Wappinger for ttia eonseevation area and being more par&darly described as follows: f� " Beginning at a point on the Q04holy Gat of existing lands now or fornicAy the Town of Wapp{rtger,being the existing conservation district'%endall Drive Extension"as shown on Mod Wrap No.1200,said pout of beginaia8 being the southeasterly corner ofLot 3 as * shown on the above-refarenced tiled soap,said paint of beglnnlag aho being the southeasterly corner oftho herein ducn'bed pared;thence,from said point ofbegiaoiq and along the easterly line of said Lot 3,Nonh 10.54'-76"Elect thcnco,stoop,the southerly line of other leads now or fonnrrly the Town of Wappinger being it conservation district as shown on fled map No.6330 rho following five courses and distances:South 7849'- 05"East 742,92 feet;thence,South 79-32'-34"East 29.98 feet;thence,North 64-07-36" But 235.99 foot;thsaK North 62-31'-26"East 1046.95 feet;theaeq North 61-15'-26" East 597.95 feet;thaice,Slang the westerly lino of parcel B South 16-57-00"But 152.58 feet;theacc,along the:nortbly line of existing lands now or formerly the Town of WapphW being a conservation district as sham on$led map No,7209 the remaining live coursc6,ind disuanoes:South 6115'-00"Past 571.59 fat;thenca,South 62.31'-00" W&st 1050.72 feet;thence,South 64-07-10"West 287.29 fear thence,North 79-33'-00° West 80.13 feet thence,North 78-49-30"West 240.38 feet to the point of beginating. Containing;7.540+/acres. Subject to any right-of-way,easement,covenant or restriction of record. Roject No.97.031 REFUpc r JAN-25-2001 THU 01,22 PM FAX NO. STATE OF NSW YORK ) (��� 1Ss: COUNTY DIT rCJ-� ) Oa th-30 day of Novomber, 1998,before me personally cNno PRANK BUYAItOWSKI,to mt:),noon,who,being by me duty sworn,did depose and say that he/s1WIhey resldc(s)in Hopewell Jttncelon,New York;that Wahefthey is the sole Pmprietor of CONTRAIL OF WAPPINGER,the entity described In And which emxutod the above ittilutttt it mid that he/sho/Utey siSud Willer Moir ttarnu thoeew by authority of tho'board of tliwclors or snid corporation, NOTARY PUBLIC L CllAin I4 wAt£i;s pp7AR1'PUOL1C,51sts al Now York Quealifveli In Outehess CW114 Catttttlwo Ex 0191 Oonrnber 15,19 r BAROAIN AND SALE DEED section WITH COVENANT AGAINST ORANTOR's ACTS Block Lot Titla No. 'town of Wappingor CON17AIL OF WAPPINOER R$CORD Aqp RETUM TO: Alban Roberts,Esq. TO 1611 Route 9 THE TOWN OF WAPPIINGER Wappingers Palin NY 12590 JAN-25-2001 THU 01:22 PM FAX H0, P. 09 Intl CERTIFICATE OF TrTLE- Fidelity National Title Insurance Company OF NEW YORK CWffles t0 Dani-el F. Currin, r4q, that an examination.of title to the promises described in Schedule A has been made in accordance with its usual procedure and agrees to issue its standard form of insurance policy In the amount of 50,000.00 insuring Town of WUppin$er :and ilia marketability thereof, after the closing of the transaction in conformance with procedures approved by the Company excepting (a) all loss or damage by reason of the estates, interests, defects, objections, liens, encumbrances and other matters set forth herein that arc not disposed of to the satisfaction of the Company prior to such closing or issuance of the policy (b) any question or objection coming to the attention of t i�c Company before the date of closing, or if there be no closing, before the issuance of said policy. This Certificate shall be null and void (t) if the fees therefor are not paid (2) if the prospective insured, its tattorney or agent makes auy untrue statement with respect to any material fact or suppresses or fails to disclose any material fact or if any untrue answers are given to material inquiries byy or on behalf of the Comp;i.iy (:i) upon delivery of the policy. Any claim arising by reason of the issuance hereof shall be re.,l:rietcd to the terms and conditions of the standard form of insurance policy. If the title, interest or lien to be insured was acquired by the prospective insured prior to delivery horeof, the Company assumes no liability except under its policy when issued. THIS CLIRTIFICATE IS INTENDED FOR LAWYERS ONLY. SUCH EXCEPTIONS AS MAY I31~ SET FORTH HEREIN MAY AFF,.CT MARKETABILITY OF TITLE. YOUR LAWYER SHOULD BE CONSULTED BEF05 TAKING ANY ACTION BASED UPON TIIE CONTENTS HEREOF. THE COMPANY'S REPRESENTATIVE AT THE CLOSING HEREUNDER MAY NOT ACT AS LEGAL ADVISOR TO ANY OF THE PARTIES OR DRAW LEGAL INSTRUMENTS FOR THEM. SUCH REPRESENTATIVE IS PERMITTED TO BE OF ASSISTANCE ONLY TO AN ATTORNEY, IT IS ADVISABLE TO HAVE YOUR ATTORNEY PRESENT AT THE CLOSING. IF ANY OF THE CLOSING INSTRUMENTS WILL BE OTHER THAN COMMONLY USED FORMS OR CONTAIN UNUSUAL PROVISIONS, THE CLOSING CAN BE SIMPLIFIED AND CXPEDITE'D BY FURNTS14ING THE COMPANY WITH COPIES OF THE PROPOSED DOCUMENTS IN ADVANCE Or CLOSING. Dated 9 A.M. Promises in Section Block Lot Redated 9 A.M. On the land/tax neap of the County of Dut;chc6s Rdeli do al T! su e 4 pany o ew York Will be pleased to confer on any questions concerning this certificate thorized Sfignature cQrlircato or TMe JAN-25-2001 THU 01,22 PM FAX NO. P. 10 �A IF THE INSURED CONTEMPLATES MAKING IMPROVEMENTS TO THE PROPEII rY COSTING MORE THAN TWENTY PER CENTUM OF TI-111, AMOUNT OF INSURANCE TO BE ISSUED HEREUNDER,WE SUGGEST THAT THE AMOUNT OF INSURANCE BE INCR.LASED TO COVER THE COST T lrutLOF;OTHERWISE,IN CERTAIN CASES THE INSURED WILL BECOME A CO-INSURER. The following matters are expressly excludcd from the coverage of our standard form of Policy and the Company will not pay loss or damage,costs, attorneys`fees or expenses which arise by reason or- 1. f1. (a) Any law, ordinance, or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a soparation in ownership or a change in the dimensions or arca of the land or any Irirccl of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govenulacntal regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting frons a violation or alleged violation of eeting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation allcating tho land has been recorded in the Public records at Date of Policy. 2. nights of c1rninent domain unless notice of the exercisc thereof has been recorded Ill the pliblic records at Datta: of Policy, but not excluding from eoveruge any taking which has occurred prior to Date of Policy which would be binding on the rights of purchaser Car value without knowledge. 3, Defects, liens,encumbrances, adverse claims or other platters: (a)cruatcd,sufforcd,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured clatiimmit and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to the Date of Policy;or (o) reslllt4ig in loss or damage which would not have been sustained if the insured claimant.had paid value for the estate or interest insured by this policy. (4) Any slant, which arises out of the transaction vesting in the insured the estate or interest [or interest of the nmortgagce] insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditor's rights laws that is based on; (i)the transaction creating the estate or Interest insured by this policy beim; deemed a fraudulent conveyance or fraudulent transfer, or(1i) the transaction creating the estate or interest [or interest of the mortgagee] insured by this policy being deemed a preferential transCcr except where the preferential transfer results froim the failure; (a)to timely record the instrument of transfer; or (b)of such recordation to iniparl notice to a purchaser for value or a judgment or licit creditor. [For mortgage politics add] (it) tho subordination of the interest of the insured mortgagee as a result of the application of tiie doctrine of equitable subordination, or(iii) [see(4)(ii)(a) and(b),above] 5, [applicable.to mortgagc policies only] Invalidity or uncnforembility of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Our policy will except from coverago any state of facts which an accurate survey might show, unless survey coverage Is ordered. When such coverage is ordered, this certificate will set forth the specific survey exceptions which we will 'include in our policy. Whenever the word"trim" is used in an survey exceptions from covcragc, it shall be decined to includo roof cornices, show window cornices, lintels, sills,window trine, entrance trim,bay window cornices, moldings, belt courses, water tables, keystones, pilasters, porticos, balconies all of which project beyond the street line. Tn certain areas, our policy will except from coverage any state of facts which a Personal inspection might disclose'unless survey coverage is ordered. In these cases a specific exception will appear in this certifieaLe, Our examivatioln of the title includes, a search for any unexpired financing statements which affect fixtures and which have been properly filed and indexed pursuant to the Uniform Commercial Code in the office of the recording officer of the county in which the real property lies. No search Nis bccn made for other financing statements because we do not insure title to personal.properly. We will on req,ue;st, in connection with the issuance of a title insurance policy,prepare such search for an additional charge. Our liability in connection with such search is limited to$1,000.00. JAN-25-2001 THU 01:23 PM FAX NO. P. 11 L CRYSTAL CLEAR ABSTRACT CORP. Suite 30'1 2 Cannon Street Poughkeepsie, New York 12601 Phone:(914)452-2140 Fix:(914)452-2147 CLOSING STATEMENT: Title No.CC 10597 Date Closed Purchaser/Mortgagor. TOWN OF WAPPINGER Amount of Insurance: Fee: S50,0D0.00 Mortgage: PURCHASER: SELLER: LENDER: COMPANY CHARGES: Fee Premium: $463.00 Mtg. Premium: Endorsements, Surv. lnsp,lor Endorsement: Departmental Search: Escrow Svc. Chrg: Overnight Delivery: .,. RECORDING CHARGES: Deed: Mortgages: BA.Agreement Satisfaction/Release: Capital Gains Aff. E&A Form.' Escrow Funds, Other 4 Mortgage Tax - Transfer Tax TOTAL: PURCHASER SELLER LENDER JAM-25-2001 THU 01:23 PK FAX N0. P. 12 ENDORSEMENT CHARGES Title No.CC 10597 VARIABLE RATE MORTGAGE $25.00 VARIABLE RATE MORTGAGE—NEGATIVE AMORITIZATION $25.00 FANNIE MAE BALLOON MORTGAGE $25.00 CONDOMINIUM 4 $25.00 PLANNED UNIT DEVELOPMENT $25.00 ENVIRONMENTAL PROTECTION LIEN (8.1) $25.00 WAIVER OF ARBITRATION (LOAN POLICY) $25.00 RESIDENTIAL MORTGAGE 0 TO 4 FAMILY) $25.00 MANUFACTURED HOUSING UNIT(ALTA 7) $25.00 FUTURE MARKET VALUE $ (14%o OF STRAIGHT FEE RATE) SURVEY ENDORSEMENT $ (106 OF STRAIGHT MORTGAGE RATE) (LOAN ONLY) ALTA ENDORSEMENT 9 $ (10% OF STRAIGHT MORTGAGE RATE) REVOLVING CREDIT $ (10%OF STRAIGHT MORTGAGE RATE) OESIDENTIAUCOMMERCIAL) CC: HANKIN,HANIG, STALL, CAPLICK1, REDI_&CURTIN ATTN: DANIEL F. CURTIN, ESQ. ALBERT P. ROBERTS, ESQ., 1611 ROUTE 9,WAPPINGERS FALLS, NEW YORK 12590 ' JAN-25-2001 THU 0123 PM FAX N0. P. 13 Crystal Clear abstract Corp. Agents for Fidolity National Tido insurance company of Now York Suite 301 2 Cannon street Poughkeepsie,NY 92601 pt,olae;(914)452-2740 Fax:(914)452,2147 Title No.CC—10597 Certifies to: DANIEL F. CURTIN, ESO. Proposed Insured: TOWN OF WAPPINGER Purchaser/Mortgagor: TOWN OF WAPPINGER Mortgagee; Amount of Insurance: Fee: $50,000.00 Mortgage: $ 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 and/or mortgaged by: CONTRAIL ASSOCIATES OF WAPPINGERS by a deed from OWNERS IVAINTENANCE CORP., dated 3/22/55 and recorded on$/22M In Libor 1663 . 381 AddressSPOOK HILL ROAD-REAR •. County: DUTCHESS Municipality; WAPPINGER Qohool District: WAPPINGER Section/Block/Lot 19.6257-01-355604 Effective Data: 11116198 C, s I Clear A Corp• Redated: Closer. JAN-25-2001 THU 01:23 PM FAX NO. P. 14 g1fish LOM SURVEYM AND KMININC,P.LLQ M k*WW e.Lib 10? . W4prftM f9k.NY JZW ' fr14j t1 %u 0 49, 6.4,ft i.e.,:(m)01,012 am"nON Septauber22,1491 MMTON U-NE Rcvw, Wober 13,1"1 TOWN OFWJWPRIM A%"lot,pt W at pioem dbmd sia,aw to the Town or ,Wappingcr,County of Dutd car, ' Stats alAlsw York tlrld bean=!las mnhde out4mm end ofHonon!Acre as shown on the telbdi046 pkA-O ahud Dd" 9 IJW u nusp 0. and � q q in the L3utcbeu covaty Cloth oma,for skxpeie,New Y.rk,and bang mere pattiouiatly 40WAPW a MOWS; Lt�parrtlg u e paW oat the wWwrly W of*Wng rends now or fomwly AcTown of WspoW,k6%Lk Caervalioa D4vW u abowa oe fired cap No.7204,mW point of bdotl rtttM mtbwea owner of Lai 7 m s)wwn on the abovereAromW Mc d • cup,acid point of be&ming deo bring rl:e mut mAc rly corner of the hw4n dacribod 1 pm cd;4u m,from mm point or beginning sari dong the mrthedy line or mhti Horton Lane,Lads mw or formal>'the Town orWawoger,Noa 7t-0mo,Kest 97.s9 road; thanes,through leads arc""Amocisto of Wappia4er beans the eoutlxdy litre of Lot q 1,the southwesterly life of Lot 1.sari aha wexteety Wk yr Lat 1 on a a^:to the right h,ving a radius ork.so rcd,an ue di3wm or214 34 feet u described by the Chord, North 74-i-3o'We t 47.59 feet to she point of beir mg. ContaY$ag 6,740+1-square feet or 0155+1-hare. Sub*also to any other rijtd.-or wear,nseatm�eovmm or teatricrton of record. Projats No 47.013 REWprarn • 4�r��r.�.f•r�ul�gT ft tTrt 6"Q tntatt,j W K In oe+t; K Prof Gsrlauaf L Smmyor • Profaaterwrf Plomme • Lkmmol Frr M;N]&PA JAN-25-2001 THU 01:24 PM FAX K0, P, 15 RAYMOND E. HH1NSMAN,P,L.s.,F.P, LAND SURVEYING AND PLANNING,P,t.L.C. $59 Route 9,Suite 167 • Wappingm pills,NY 12590 (914)299-9435 • (914)564.7666 •Fax.(914)297-0212 DESCRIPTION September 22, 1995 SNOW EASEMENT Revised, October 13, 1998 LOT I ORCHARD DRIVE MENSION TOWN OF'WAPPINGt "' / All that Io or ieoe of land situate in the T W ' er 6 ;4 State of New York,and own of app g , County of Dyrtchess, berg a scow easement through Lot as shown on the"Orchard Drive Extension Subdivision Plan"filed as map No. ' in the Duwhess County Clan's Office,Poughkoopsic,Now York, and being more particularly described as follows: Boimaing at m point on the northerly cul-de-sao end of Horton Lane,said point of bconfing being the southeasterly comer of Lot 1 with the southwesterly corner ofLot 2 as shown on the above-referenced filed map;thenen,from said point of begkninc and along the nordmiy cul-de-no end of Horton IA=on a curve to the lift having a radius of 52.50 feet,an aro disMee of 8.53 feet as descntbed by the chord,North 83-47'-44" 4Vest 8.52 feet;the=,through Lot I the following two(2)courses and distances.North 01-33'-02"East 34.00 fent;thence,on a curve to the right having a radius of 82.50 feet, an aro distance of 27.23 feet as described by the chord, South 78.59'-36"East 27.11 feet; thence, along the division line between Lot 1 on the west and Lot 2 on the east, South 3 6-221-1211 West 31.96 feet to the point of beginning. Subject also to any other right-of-way, casement,covt^mant or restriction of record_ Project No.97-033 IF3fpmum SCMMMX Al Professional Land Surveyor • Professional Planner Licensed in NY,NJ&PA JAN-25-2001 THU 01:24 PM FAX N0. P. 16 RAYMOND E. I��NSMAN, LAND SURVEYING AND PLANNING, P.L.L.G 859 Route 9,Suite 167 • Wappingers Falls,NY 12590 (?14)297.9435 " 914 L 1 564-7666 tax:(914)297.OZ�2 DESCRIPTTON September 22, 1998 SNOW FAST Revised: October 13, 108 LOT 2 ORCHARD DRIVE EXTENSION TOWN OF WAPPINCTER All first lot,Parcel or piece of land situate in the Town of WaFp4er,County of Dutohess, State OfNew York,and being a snow casement through Lot 2 as shown on the"Orchard Drive EactezWon Subdivision Plan"Mod as map No. in the Dutchess County Clerk's Me,POaghkeepsic.New York, and being more particularly described as follows; Beginning at a point on the northerly cal-de-sae and of Horton Lane, said point of beginning being the southeast comer of Lot 1 with the southwest corner ofLot 2;theaeey from said point of beginning and along the division line betweom Lot 1 on the west and Lot 2 on the east,North 36-221-120 East 31.96 feet;'thence,through Lot 2 the following two (2)courses and distances: on a curve to the right having a radius of 82.50 feet, an arc distance of 12.15 feet as described by the chord,South 65-19'-09"East 12.14 feet;theftm South 29-53-56"West 30,00 feet;thence, along the northerly cul-de-sac end of Dorton Jane on a curve to the left having a radius of 52.50 feet, an aro distance of 16.53 feet as descriW by the chord,North 70-07-17" West 16.46 feet to the point of beginning. Subject also to any other right-of-way,easement, covenant or restriction of record. Projoct No. 97-033 mi/pm A F SCIEWME A2 t Professional Land Surveyor • Professional Planner Licensed in NY,NJ&PA JAN-25-2001 THU 01:24 PSI FAX N0. P. 17 RAYMOND E. HErNSMAN ?, ,9,1}P LAND SURVEYING AND PLANNING,P.I.L.C. 859 ROUtt 9,Suitc 167 + Wappingers Falls,NY 12594 (914)297.9435 • (914)564.7666 • Fax:(914)297-0212 DESCRIMON September 22, 1998 STORM DRAINAGE EASEMENT Revised; October 13, 1998 LOT 1 OXCI:iARD DRIVE EXTENSION TOWN OF WAPPINGER All that Iot,parcel or piece of twd situate 3n the Town of Wappinger,County of Du tchess, Statc of New York„and being a storm drainage casement through Lot 1 as shown on the "Orchard Drive ExterWon Subdivision Plan"filed as map No. in the butchers County Clerks Office,Poughkeepsie,New Yor1S and being more particularly dcscnW as follows: Beginning at a point on the northoriy lure oflands now or formerly the Town of • WaPpin8er,bein8 the Cor>samWon District as shown'on filed map No. 7209, said point of boOnning being located,North 78-08'-30"West 26.09 feet from the westerly line of Horton bane;thence,from slid point of begmnin'S and along the northerly lino of lands of said Town of Wappirger,North 78-081-30"West 20.00 feet;thence,through Lot 1 the remaining throe(3)courses and distances: North 11-5 Z'-30"East 10,00 feet;then", South 78-08'-30"East 20.00 feet;thence, South 11-51'-30"West 10.00 felt to the point of beginning. Subject also to any other right-of-way,easement,eoveomt,or restriction of record. Project No. 97-033 REWpmm sCMULE Al Professional Land Surveyor Professional Planner Licensed in NY,NJ&FA JAN-25-2001 THU 01:25 PM FAX N0. P. 18 RAYMOND E. HEYNSMAM p r<s.,p,r, , LAND SURVEYING AND pLANNYNG, P,L,L.C. 899 haute 9,Suite 167 . WapP ►S Fahr,NY 12590 (914)297-943S • (914)544.7566 +Fax:(914)297-0212 DESCRIPTION September-22,1998' ST011M DRAINAGE EASEMENT Revised: October 13, 1998 IAT 3 ORCHAIW DRIVE EXTENSION TOWN OF WAPPINOER All that lot,parcel or piece of]and situate in the Town ofWappiner,County of Dutchess,State of New York and being a storm drainage easement through Lot 3 as shown an the"Orchard Drive Extension Subdivision Plan'filed as map No. in the Due County Clerk's Office,Poughkeepsie,New York, and being more i particularly'dmmcribcd as follows: I Beginning at a point on the northerly lime of lands now or formerly the Town of Wappimgar,being the Cowtervatioii District as shown on filed map No.7209, said point of be$insiing being the southwesterly coiner of Lot 3 as shown on the above-referenced filed map,thence,from said point of beginning and Tong the easterly cul-de-sac cud of Norton Lane,on a Ome to the left having a radius of 52,50 feet, an are distance of 10.74 feet as described by the chord,North 32-57--24"Fast 10,72 feet;them,through Lot 3 the Mowing two(2)courses and distances: South 78-081-30"Fast 17.83 fat;#,bene, South 11-511-30"West 10.00 feet;thence, along the northerly line of land of said Town of Wappinger,North 7MV0 30-` West 21.69 feet to the point of beginning. Subject also to any other right-of-way, easement,covonant,or restriction of record. Project No.97-033 REMpmm 5C MULE A2 Professional Land Surveyor • Professional Plattner Licensed in IVY,N]&PA JAN-25-2001 THU 01:25 PH FAX N0. P. 19 RAYMOND E. HEINSMAN, LAND SURVEYING AND PLANNING,P.1-1-C. t169 Route 9,Suite 167 • Wapptngrrf,Falb NY 12.590 (914)297-9435 - (914)564.7666• Fax;(914)297-0212 DESCRIPTION September 22, 1998 STORM DRAINAGE EASEMENT R Ased', October 13, 1998 LOT 3 ORCHARD DRIVE EXTENSION TOWN OF WAPPINQER All that lot,par'ccl or piece of land situate is the Town of Wappinger, County of Datehess, State of New York and being a storm drainage easement thmugh Lot 3 as shown on the"Orchard Drive ExkgWor4 Subdivision Plan"Sled as map No, in the Dutchess County Clerk`s OfEcc,Poughkeepsie,New York and being more particularly described as fbllows: Beginning at a point on the northeasterly cul-de-m end of Horton Lane, said point of beginning being the southwesterly corner of Lot 2 with a northwesterly corner of Lot 3 thence,from said point of beginning and 810,09 the southmtly lime of said Lot 2,South 79-0Y-25"F49 21.84 feet;thence,through Lot 3 the fol[owing two courses and distances, South 10-54-35"Wast 10.00 feet;thence,North 79-05'-25"West 17.76 feet to the northeasterly cul-de-sw end of Horton Lane;thence, along said line on a curve to the left having a radius of 52.50 feet, an arc distance of 10.82 feet as described by the chord, North i 1-14'32"West 10.80 feet to the point ofbeghwing. Subject also to any voter right-of-way, easement,covenant, or restriction ofrecord. Project No. 97433 REFUpmm sCMuLE A3 Professional Land Surpeyor - Professional Plannar Licensed in NY,Nr&FA JAN-25-2001 THU 01:25 PH FAX N0, P. 20 SCHEDULE A DRAINAGE EASEMENT 1A - ORCHARD DRIVE EXTENSION All that certaih tract or parcel of land situate in the Town of Wappinger, county of Dutchess and state of New York bounded and described as follows:. Beginning at a point in the southerly line of Lot 1 as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess County Clerk•s office on March 10, 1999 as Map #10,749, said point being distant North 78-06-30 West 16.09 feet from its .intersection with the westerly line of Farms End Road, and running from thence along the northerly Zine of lands now or formerly of the Town of Wappinger (Liber 1824 page 572) , North 78-06-30 West 10.00 feet to the southeast corner of Drainage Easement No. 1 as shown on said map; thence along the easterly line of said easement, North 13-51-30 East 10.00 feet to a point; thence continuing through Lot 1, South 7808-30 East 10. 00 feet and South 11-51-30 west 10.00 feet to the point of beginning. JAN-25-2001 THU 01,25 PSI FAX H0. F. 21 WATER VALVE EASEMENT la ,All that Certain tract or parcel of land si wappinger, county of Dutchass and State of New Y• described as follows; Beginning at a point in the northwesterly line of Fa Road as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess county Clerk's Office on March 10, 1999 as Map #10,749, said point being distant North 54-30-00 West 52.50 feet from the center of the culwde-s�a�C at the northerly end of said road, and running from thence through Lot 1 as shown on said map, North 54-30-00 West 4,00 feet, northeasterly along a curve to the right having a radius of 56.50 feet for a distance of 5.38 feet and South 49-02-35 East 4.00 feet to a point in the northwesterly line of Farms End Road; thence along the same, southwesterly along a curve to the left having a radius of 52. 50 feet for a distance of 5.00 feet to the point of beginning. JAN-25-2001 THU 01:25 PM FAX K P. 22 SCHEDULE A DRAINAGE AND WATER VALVE EASEMENT 3A - ORCHARD DRIVE EXTENSION All that certain tract or parcel of land situate in the Town Of Wappinger, County Of Dutchess and State of New York bounded and described as follows: Beginning at a point in the easterly line of Farms End Road as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess County Clerk's Office on March 10, 1999 as Map #10, 749, said point being the southwest corner of DrainaQe Easement No. 2 as shown on said map, and running from thence along the southerly line of said easement, South 7905- 25 East 17.76 feet to a point; thence continuing through Lot 3 as shown on said map, South 10-45-05 West 29.62 feet to the northeast ' corner of Drainage Easement No. 3 as shown on said map; thence along 'she northerly line of said easement, North 78-08-30 West 17.83 feet to a point in the easterly line of Farms End Road= thence along the same# northerly along a curve to the left having a radius of 52.50 feet for a distance of 29.72 feet to the point of beginning. JAM-25-2001 THU 01:26 PH FAX NO, P. 23 POW- SCHEDULE A WATER VALVE EASEMENT 2A - ORCHARD DRIVE EXTENSION All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York bounded and described as follows: Beginning at a point in the northerly line of Farms End Road as shown on a map entitled "Final Subdivision of Lands of Orchard Drive Extension" and filed in the Dutchess County ClerkO s office on March 10, 1999 as Map #10, 749, said point being the southeast corner. of a snow easement as shown on said map, and running from thence along the easterly line of said easement, North 28-53--56 East 5.00 feet to a point; thence continuing through Lot. 2 as shown on said map,, easterly along a curve to the right having a radius of 57.50 feet for a distance of 5. 48 feet and South 34--21-20 West 5.00 feet to a point in the northerly line of Farms End Roadt thence along the same, westerly along a curve to the let having a radius of $2.50 feet for a distance of 5.00 feet to the point of beginning. f 2 E F JAN-25--2001 THU 01:26 PM FAX N0. P. 24 RAYMOND E. HEINSA►SAhi rxz. rr. LAND WRYEYING AND PLANNING, P,L.LC 659 Route 9,Sumo 167 • w appinStrS Falls.NY 12590 (M)297-9+135 •(914)561.7666• Fax,(914)297.0212 Octow 16, 1998 DESCRIPTION PA?JM A ORCHARD DRWE FMWSION SUBnMSION TOWN OIF WAPPINM All that let,pltfcal of niece of land situate in the Town of Wappi%er, County ofbutches; State oftilmv Yok a- d being parcel A n shows on the final aubdivislon of lands of Orchard D&c Fxtc43ion being voavcyed to the Town of Wappinger for the conservation arca and being more partieularly described as follows: Begi»rting at a poiut on the nn►tberly line of e&tutg[ands now or fumrcdy ft Town of Wappinger,belrtg the existing conservadon district*Ken"[Drive Emosion"as shown on filed map No. 7209, Wd point ofbegh*g being the southauter?y corner of Lot 3 as t shown on the above-rofacaced filed asap,said point of be&niag also bt.ing the southeasterly corner of the herein descn`nd pareel;thoom from said polnt of beginning and along the easterly lino of aid Lot.3,North IMT-76"Fiat;thence,aloe$the southerly fine of other lands now or formerly the Town of Wappinger being a conservation district a5 shown an fied=p No.6330 dw following five courses and&twm: South 7849- 05"East 242.132 feet:thence,South 79-32'-34"Ent 29,98 feet;thee,North 6"T-3 6" FAA 235.99 Fact;thenoey North 62-31'-2V East L046.9S ke4 thecae,North f t-15-26" PAst 597-95 fed;thence,along the westerly line oFparcel B South 16-57-00"East 152,58 Peet;ftaco,along the:northly line of ex6ting lands now or form6y tho Town of Wapp!W bakS a e mservation district as shown on filed map No,7209 the remaining five coar=and dimncev South til-15'-004 East 571.59 feet;thence,South 62-31'-00" Mst 1050.12 feet;thence,South 64-0'r-10"West 287.29 fear,thevxr North 79-331-0611 West 80.13 fent;thckcc„North 7849!-30"West 240.38 That to the point of beghmlr►g. Contacting.; 7.540 f/>twu Subject to Lay right-of wny,metbant,covenant or restriction ofrecord, Project No,97-031 REWpe ,. JAN-25-2001 THU 01:26 PM FAX N0. F. 25 M SCHEDULE"B„ Title No.CC 10597 SCHEDULE V In which we set forth the additional matters which will appear In our policy as exceptions from coverage, unless disposed of to the company's satisfaction prior to the closing of Ed r issuance of the policy: "axes,tax liens,tax sales,water.charges,sewer rents and assessments as set forth herein. Vr,j19hts tgagos returned and set forth herein:NONE OF RKORD. hts of tenants or persons in possession,if any. erground encroachments and easements, if any; Including pipes and drains and such as may exist for entry upon said premises to maintain and repair the same. Policy will re for mortgage purposes that the same will not interfere with the use of the premises for r,,sidentlal purposes. No title is insured to any land lying within the lines of any street, road, avenue, lane,tumpike or highway in front of or adjoining the premises described in Schedule`A or which may cross er the same. 91-14 RVEY subject to any state of facts which an accurate survey or personal inspection of the mises would disclose, e exact location and dimensions of the boundary lines of the premises described In chedule"A'will not be insured in the absence of a guaranteed survey. state of facts which an accurate survey might show including changes or alteratlons in eet lines,If any. X. flecOng ntity of parties at the dosing of this title should be established to the satisfaction of tho cting for this company. nts, restrictions, conditions, easements, reservations and other instruments of record the use of the premises asset forth herein; a) UTILITY EASEMENTS AND RI©MfS OF WAY as contained in Liber 421 op. 276, Liber 534 op.469, Llber 575 cp.222, Liber 650 op.579 and Liber 1979 cp.491. roof of payment of franchise taxes required for Contrail Associates of Wappingers. 1 Corporate consent to sell is required. FOR INFORMATION: IF A POWER OF ATTORNEY IS TO BE USED, THE ONLY FORM ACCEPTABLE FOR RECORDING IS THE FORM DATED 111/97. FOR INFORMATION: THE RECORD OWNER(S) AND PROPOSED PURCHASER(S) HAVE PEEN RUN FOR JUDGMENTS AND NOTHING FOUND, UNLESS STATED HEREIN. D 'xNAG£ AND AAT£R VALVE FASEWXT Easement made the • MARGERUM AND JO day of , 2000, between WILLIAM End Road, Wa ingr1 Falls,IJNrew York3 2and 590w ff� residing at S Farms WAPpINGER pP gantor . a municipal corporation having an office at and wnOHall, 20 Middl.ebush Road, P.O. Box 324, Wappingers Falls, New York 12590 ("Grantee,,,) , WrTNEssETH, that the Dollar, l . Grantor, in consideration at One ($1.. 00) awful money of the United States, actual consideration Paid by the Grantee, does hereby Grantee, its successors and assigns forever,grant na perpetual d release uasement and right--of--way to enter upon and la opQrate, Clear, clean„ maintain, repair, alter, xp nal fireplace and inspect a drainage system, including ,lines, pipes, culverts, catch basins, ditches and appurtenances, or a combination thereof, for the purpose of conveying, diverting and discharging storm water runoff in, on, over, under, across and through the real property described in Schedule A annexed hereto (the "Drainage Easement Area"} . The Grantor also hereby grants and conveys unto the Grantee all the Grantor's right, title and interest in and to the lines, pipes, appurtenances and materials installed or placed on or .Within, or to be installed or placed on or within, the Easement Area.. And the Grantor does hereby further grant and release unto the Grantee, its successors and assigns forever, a and right-of-way to enter upon and lay,and easement operate, clear, Clean, maintain, repair, alter,c expand,treplacealland inspect the Water valve and related water line and appurtenances in, on, over, under, across and through the real property described in Schedule A-1 annexed hereto (the 'Water Valve Easement Area") . AND the Grantor hereby covenants that the Grantor is seized of the Easement Area in fee simple and has good right to convey this easement; shall not erect any buildings, walls or other improvements, , fences, structures or plant any trees or shrubs on or within the Easement Area; shall not interfere with or cause injury or damage to said bines, pipes, appurtenances and materials; shall do nothing in the Easement Area which Would prevent, impede or disturb the full use and intended purpose of this easement by the Grantee; and shall execute and deliver any further documents necessary to assure the easement granted herein to the Grantee. TO HAVE AND TO HOLD the Easement herein granted unto the Grantee, its successors and assigns forever, J �- 5 Amount of credit claimed(sea lrt lrtl .. . ,.....�,��""'v+�vii une:s 1 fi Thtalla..Then• i..�.__-... _ - Cllal7land,UtaChFOrmTA6ae� n_._ w_ •'••' ,•••••• ••i•.,...----- i At r y WATER VALVEQ�E, EMENT Easement made the /49' da l/ and CHRISTINE KIDD, HusbandandW� res20'0in between `7EFFREY KIDD Road, Wappinger Falls, New York 12590 ding at 11 Farms End wAPPTNGER, a municipal and TOWN OF corporation havingan Office) at Town Hall, 20 Middlebush Road, P.O. Box 524, Wappingers Falls, New York 12590 ("Grantee") . WITNESSETH, that the Grantor, in consideration of one ($1 .00) Dollar, Lawful money of the United states, actual consideration paid by the Grantee, does hereby Grantee, its successors and assignforeverana release unto the and right-of-way to enter upon and la Perpetual easement operate, clear, clean, , maintain, repair, yalter�,st xpanrd, fireplace and inspect a water valve and related water line and appurtenances in, on/ over, under, across and through the real property described in schedule A annexed hereto (the "Easement Area") . The Grantor also hereby grants and conveys unto the Grantee all the Grantor's right, title and interest in and to the lines, Pipes, appurtenances and materials installed or within, or to be installed or placed on or within, ptheed on or Easement Area. AND the Grantor hereby covenants that the Grantor is seized of the Easement Area in fee simple and has good right to convey this easement; shall not erect any buildings, walls, fences, structures or other improvements, or plant any trees or shrubs on or within the Easement Area; shall not interfere with or cause injury or damage to said lines, pipes, appurtenances and materials; shah, do nothing in the. Easement Area which would prevent, impede or disturb the full use and intended purpose of this easement by the Grantee; and shall execute and deliver any further documents necessary to assure the easement granted herein to the Grantee. TO HAVE AND TO HOLD the Easement herein granted unto Grantee, its successors and. assigns forever. the IN WITNESS WHEREOF, the Grantor has executed this instrument as of the date first set forth above. e VCWTINAl< .0 DNAGE AND WATER VAZVE CEMENT Easement made the and KIM M. VIRTUEr Husband and W1 April, 2000 Wappinger Falls, New York �� between TODD VIRTUE a municipal corporation12590 , residing at 9 Farms End Road Middunicip n Grantor"7 and TOWN Road having an offiCe 0 ` WAPPINGER, ("Grantee") . ' P•0. Box 324, Wappingers Failat s Town Hall, 20 New York 12590 WITNESSETH, that the Grantor, . Dollar, lawful Mone ' in consideration of one paid by the Y of the United States ($1 , 00} Grantee, its Grantee, does hereby r actual consideration and r successors and assigns forever and release unto Its to enter the operate, clear, upon and a Perpetual easement ins ect a drainage maintain, repair, alter construct, install, P g system and pipes, culverts the water valve,eXpand, replace and coMbinatio I catch basins, ditches includingI dxscharginn thereof purpose of coriveaxn lines, . for the ppurtenancesr or thxou h 5 storm water runoff y g, divertinga g the real propert inr on, over, under, and and for the purpose Y described in Schedule across and (the " of maintaining the water v�2Ve located dthereto Easement Area") rein all theGrsrantox' also hereby grants and conveys unto Pipesr aPpurtenanc ight, title and interest i the Grantee within, oz to b materials .installed and to the Lines, Area. a installed or placed er placed Q n or within, theon or Easement AND the Grantor hereby covenants that the Gra the Easement, Area in, fee easement; shall not erect Simple and has o Grantor is seized of or other im Y buildings, g od right to convey this the Easement Area s, or plant an walls, fences, structures asement Area: shall not interfere trees Or shrub da-mage to said l s on or within nothing Ines, pipes, a or cause injury or gin the Easement appurtenances and materials; shall do the full use a Area which would prevent, impede or disturb and shall and intended Purpose of assure the execute and deliver an this easement by the Grantee; Y further documents necessary to granted herein to the Grantee. Grantee, HAVE AND TO HOLD the Easement r its successors and asst herein granted n as-,sign, forever. unto the IN WITNESS WHEREOF, the Grantor has as of the date first set forth above, executed this instrument 01 VV T4 A VIRTUE ' )ILI KxM M. VIRTUE TOWN OF WAPPINGER : COUNTY OF DUTCHESS STATE OF NEW YORK X In the Matter of Laying.out an Extension of Farms End Road (formally known as Orchard Drive) Town of Wappinger, County of Dutchess, New York. X TOWN BOARD CONSENT TO DRIVEWAY UPON READING THE APPLICATION OF Hon. Graham Foster, Superintendent of Highways of the Town of Wappinger, dated the 22nd day of December, 1998, the Affidavit of Carol Rose Devine, dated the 11th day of January, 1999 and the Town Board consent to the laying out of Farms End Road (formally known as Orchard Drive Extension) also dated the 22nd day of December, 1998 and upon the recommendations of the Attorney to the Town, Albert P. Roberts and the Superintendent of Highways, Graham Foster, NOW THEREFORE, be it RESOLVED that consent is hereby given to Mrs. Carol Rose Devine, her successors and assigns, to continue to use a portion of the property owned by the Town of Wappinger to be used as a driveway to gain access to the northerly portion of her property fronting on Farms End Road. In giving its consent, the Town Board acknowledges that Mrs. Devine has used this portion of Town property as an access to her home for a period in excess of thirty (30) years and prior to the Town acquiring the property. The specific area to be used for driveway purposes is more particularly described on Schedule "A" attached hereto and made a part hereof. 1!WERG ILIS21SYS\COMMON\WAPP INGEIORCHARDICONSENT.DOC FEB-16--00 WE 12 :46 PM NICK DELUCCIA GEN CONT 914 298 9169 P. 02 GARY R . i.a'COUR, I and Surveyor Y. Y. Stat k. 44 57 273 East Main Street Beacon, Now York 12508-3515 Telephone 9.14 831-8556 December 30 , 1999 RIGHT OF WAY DESCRIPTION - TOWN OF 4IAPPINGBP TO DEVINE All that certain tract or parcel of land situate in the Town of Wappinger , County of DutChess and State of New York bounded and described as follows : Beginning at a point in the easterly line of Farms End Road as shown on a map entitled "Final Subdivision of Lands of Orchard Drive. Extension" and filed in the nutchess County Clerk ' s Office on Manch 10f 1999 as Map #10, 749 , said point being the southwest corner of Lot 3 as shown on said map, and running -from thence along the southerly line of said Lot 3 , South 78-08-30 East 87. 65 feet to a point in range with the easterly line of lands of James and Carol Devine as described in Liber 1231 of Deeds at page 63; thance running through lands of the Town of Wappinger as described in Tiber 1824 of Deed-, at page 572 , South 26-06-00 West 24 , 63 feet to the nort,hee.st corner of said Devine; thence along the northerly li rip of lands of Devine, North 78-49-30 West 106 . 31 feet to a Point in the easterly line of Farms End Road; thence along the same , northeasterly alone a curve to the left having a chord of North 56-21-40 East 35 . 25 to the point of beginnirg . BAing a portion, of the premises conveyed by Walker Holding Company to The Town of Wapping' er by deed dated October 25 , 1988. and recorded in the Dutchess County Clerk ' s Office on January 26 , 1489 in Liber 1824 of heeds at pace 572 . { VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT 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:VSRPCBestWeb.Net AMY E.WOOI7ARD ALBERT P.ROBERTS KRISTEN S.GUTHRIE IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE MAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 126D1 MARIA J.GRECO (845)452-1046 *ADMITTED TO PRACTICE ADDRESS REPLY TQ( )POUGHKEEPSIE IN NY$FLA. { )WAPPINGERS **ADMITTED TO PRACTICE IN NY&CONN- ' August 17, 2000 Town Board Town of Wappinger �C 20 Middlebush Road P.O. Box 32440S+ Wappingers Falls, .NY.12590 N�si Re: Orchard Drive �r .._ Our File No. 12949.0179 Dear Connie and Board Members.- This is a status report on the cul-de-sac on Farms End Road. If you recall, the developer installed some of the water lines and drainage pipes outside of existing easements. Unfortunately, the lots have been sold and the new homeowners must grant drainage and water line easements. Two of the neighbors, Mr. and Mrs. Kidd and Mr. and Mrs. Margerum, have executed the appropriate easements. However, to elate, Mr. and Mrs. Todd Virtue have not executed the required easements. In the past, it has been the Town Board's policy not to accept the roads until all appropriate easements were in place. The only alternative the Town would have at this point is to accept the road and easements (inclusive of the Kidd and Margerum easements) without the Virtue easement. I am not sure of the significance of the Virtue easements and whether the Virtue easements are essential to proper maintenance of these systems by the Town. I am asking that Jay Paggi and Graham Foster give their written reports separately to the Board. Subject to Jay and Graham's approval, I would recommend that the Board accept the road, easements, etc. with the understanding that the Town does not have access to the"improvements'on the Virtue prcperty. With respect to the Kidd and Margerum easements,.these easements would be subject to the mortgages held by the respective parties. Title to the road and previous easements offered to the Town would be free and clear of any liens. I also enclose a proposed consent to the continued use of a driveway by Mrs. Mary Rose Devine. This matter was previously discussed in December 1998 and January 1999. As promised, the developer has reconstructed Mrs. Devine's driveway. Accordingly, I enclose herewith a formal Town Board consent which should be acted upon simultaneously on with and if the Town Board agrees to accept the cul-de-sac in accordance with the above. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT Albert P. RobertsF APR/es cc: Hon. Vincent Bettina, Hon. Joseph Ruggiero, Hon. Robert Valdati, Hon. Joseph P. Paoloni, Hon. Elaine Snowden, Hon. Graham Foster and Joseph E. Paggi, Jr., P.E., Gerard J. Comatos, Esq. PAGGI, MARTIN & DEL BENE, LLP. CONSULTING ENGINEERS AND LAND SURVEYORS 56 MAIN STREET POUGHKEEPSIE,NEWYORK12601 (914)471-7898IFax(914) 1 ' 1 Memo To: Hon. Constance O.Smith,Supervisor Hon.Vincent Bettina, Councilman Hon.Joseph Paoloni, Councilman Hon.Joseph Ruggiero, Councilman Hon. Robert Valdati,Councilman From: Peter J.Paggi CC: Hon. Elaine Snowden,Town Clerk Planning Board Albert P. Roberts, Esq. Gerard J. Comatos, Esq. Andlynn Associates Da#e: March 14,2000 Rex Farms End Road Dear Supervisor Smith &Board Members: This office is in receipt of the following items regarding the above referenced matter 1. Drainage and Water Valve Easement from William and Joanne Margerum (Lot No. 1). 2. Drainage and Water Valve Easement from Jeffrey and Christine Kidd (Lot No.2). 3. Drainage and Water Valve Easement from Todd and Kim Virtue (Lot No. 3). These items were submitted by Gerard Comatos, Esq. by letter dated March 7th,2000. The purpose of these additional easements is to encompass all water and drainage improvements as installed by the Developer. This office has reviewed all easements and find them to be in conformance with the "As-Built" survey map prepared by Gary R. LaTour, L.S., dated last revised January 19th, 2000. We have no further concems at this time. Please feel free to contact this office if you have any questions or comments. Thank you. MSR Peter J. Pa gi E�gIN POW& C�h��►11 0 Page 1 BENE LLP PAGGI, MARTIN &DEL Consulting Engineers&Land Sur yo 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 ECEI Y E 914-471-0905 (FAX) January 25, 2000 JAN Town Board � ��, :ter. Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attend Cor�stan4e �. Smith, Supervisor Reference: Additional Easements/Farms End Road Dear Supervisor Smith & Board.Members: I am in receipt of revised easement map dated January 19th, 2000, and four (4) descriptions dated January 20t'', 2000. 1 would advise that they appear to be satisfactory. The easements are noted as: 0 Drainage Easement 1 A/Orchard Drive Extension ■ Water Valve Easement 1 B/Orchard Drive Extension ■ Water Valve Easement 2A/Orchard Drive Extension ■ Drainage and Water Valve Easement 3A/Orchard Drive Extension These descriptions should be added to the deeds already tendered to the Town in a form acceptable to the Attorney to the Town. If there are any further questions or comments, please do not hesitate to contact his office. Zeryur ruIy yo , Joseph E. Pagg , J ., F. JEP:Iaw cc: Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden, Town Clerk Albert P. Roberts, Esq. Hon. Graham Foster Frank Buyakowski Nick Deluccia Joseph E.F20,Jr.,P.E. Ernst Haydn,Jr.,P.E.,L.& Chades A Del Bene,Jr-P.E. PAGGII MARTIN &DEL BENE,LLP CONSULTING ENGINEERS AND LAND SURVEYORS 54-56 MAIN STREET 1 PHONE 1 1 Memo To: Town of Wappinger Planning Board Albert P. Roberts, Esq. RECEIVEjO _ Elaine Snowden,Town Clerk Graham Foster, Highway Superintendent JAN O Frank Buyakowski 2000 From Peter J. Paggi EiNF �V►ft�E�l Date: January 5,2000 , Re: Farms End Road Please be advised that this office is in receipt of the following items regarding the above referenced project: 1. "As-Built"Survey Map prepared by Gary R. LaTour, L.S.,dated December 30, 1999. 2. "Right of Way'Description-Town of Wappinger to Devine , prepared by Gary R. LaTour, L.S., dated December 30, 1999. This office has reviewed the"As Built"and the"Right of Way"Description, and find the following: • The drainage structures `so not appear to fall within the boundaries of Drainage Easements Nos. 1,2,or 3. If the structures cannot be physically moved into the easement areas,then the Applicant should revise the easements to encompass all improvements. • The water service shutoff valves for all three lots appear to be on private property. The ownership of the triangle piece of property on the west side should be identified. Again, if the structures cannot be physically moved into the Town owned road right-of-way, then the Applicant should offer appropriate access easements. • It should be noted that this "right of way" is over lands of the Town of Wappinger that are designated as"Conservation District"_ Mr. Roberts Office should be consulted to determine of there are any additional legal issues or requirements. •Page 1 t Planning Board January 5,2000 Albert P. Roberts, Esq. Elaine Snowden Graham Foster RE: Farms End Road All other items appear to be in proper order. Please feel free to Gontact this office if there are any questions or comments. Thank you. Peter J.Paggi, PJP:Iaw 0 Page 2 �,� ,, �( ;P7r>',I'f9 7 ; u'� ���I' � � I'la' n ; i-„ ,. r „,,, ,rr i ,p,,.,: „e�,: yf;r.3jc a,r eY rir, G;< „ ,G-,,;,k r G%- il,p, �c G,,, ;„,' ' ,I✓^y „a s / r F y e r r r r I i*, ,fry - �,�,;.� i ,,r,1�,r +. ',w°r,p I dt h1,r;., 4, ,rl( 1:, / i s 1!w t„u r% ,' r ,-,.qr rye„fir !.., I G�' ;'fr!',l /rr:y/ri✓k,i�ndml+l7ru m. „ ., . ' Gir”; f"> r 16 r r " fi�� i� a � f G6i � m� 6 , tl"' fr l (� GRANT OF SNOW EASEMENTS r r t` THIS INDENTURE, made this — day of November, 1998, between CONTRAIL ASSOCIATES OF WAPPINGER, as owner of property shown on a Plat entitled. Orchard drive Extension Subdivision, filed in the Dutchess County C'lerk's Office simultaneously herewith as Filed Map No. ---------- (hereinafter referred to as the "GRANTOR"), and the TOWN BOARD OF' THE TOWN OF WAPPINGER, with offices located at 20 Middlebush Road, Wappingers Falls, New York 12590, (hereinafter referred to as "GRANTEE"), WITNESSETH : In consideration of the sum of ONE ($1.00) DOLLAR, lawfully money of the United States, actual consideration, and in the further consideration of the promises set forth below, the GRANTOR.hereby grants and releases unto the GRANTEE, PERMANENT EASEMENTS AND RIGHTS OF WAY upon the following terms and conditions: 1. GRANT OF PERMANENTS EASEMENT AND RIGHTS OF WAY. The GRANTOR grants unto the GRANTEE, PERMANENT SNOW EASEMENTS in, on, under and through that portion of the GRANTORS' parcel hereinafter described and called PERMANENT h purposes EASEMENT AREAS, for t oses e u of the storage and placement of snow and ice in � consequence of the maintenance and plowing of adjacent Town highways during inclement weather. The PERMANENT EASEMENT AREAS are located in the Town of Wappinger, s County of Dutchess and State of New York as shown on a certain subdivision map entitled i Orchard Derive Extension Subdivision, which said map is filed in the Dutchess County Clerk's Office as filed Map No. _----, and is more particularly described on. Schedule Al & A2 which are annexed hereto and made a part hereof.. 2. The snow easement described herein shall remain free of any encroachment, i r ;E sA ,,j✓ / l,l+ i u r / a d l ;r u f..r,.l,r,r v 1 r, 'ri'r ✓, `.a' r c r r ,,r„w..Ir/ '",�; n r ,;>i- r;r N"G J✓'�n.. r I p, 1. r M r.y/r Fi ' � %"b 9, r rr ';/V ,Ir,yr�. rel rrr �,„ ,rrj' r�-,f ,J )r ,,,d",rrr ',I, „ 'd r"f`k' Ir `�,hJ,'i✓Pa r���rP7>Z4 J rrasl lyfl " i ",.� � �r� ryP,^ttF�"fP r� r(r Myr r ,/ �; '1 ru I r v r !„fp./ 7' r. I- D,y,; ))7r r Fw` lrr�6�f� Y ,r�l�,.r7fly fr/ c, "Jrrfrr�rlr� ll � r � �1( fly/,�A�n�"„ � � ��➢J t, p.' (I�"' � I� u ��yy ,rl,.p e,A✓.0 t ✓ r �a G r. rf �l� -ri a, ;! rr/ f,,lr, 0 .,.,,. v 1;,./ ;,"J ?„ rj K I.;t f,,;,;rtr I' , �✓N /- .I�;v,,�,/' �rru ,. 1,., ir; f r ., ,� , �d .a! G 'r. r., m r v ,,. Ai )r,/ ✓r L, „I 3' A 1/l,, ! ,' J 1 F.,, r C� ,, f ,,./�„ f f I// h /., ../ , ,.. �I ,r� � .,,, ,. ,,, >�,,.J ,.V �. �14 N, I ',, � , ui ✓ ,1 , .�.. (.0,./ ,r,✓ ,a r-: (i...i J � n.,, /,/,,.,, 1j I.x, r ,o,. 6 .:P„d0 r�:, /. 1. A,N.,,. ,r n� ,�. !),). �J�..a ,;.. rr„ l r 4 f ,. V�,;,}✓sv.,,ur,is ,aws ,�r',5c,✓r s,.�,�LG,a<.,�,,r..,.,J, r,r P„Y�,,.r::.6,u�lrur�f rn r�N,nGnuahur6�n�4GFaoaJ✓SAL G4,orrn, :k/.,uv�Ab,x �nwsA,o�n�n,rhA,:mY'kn�✓u.rB rrG�J s,.,rt ,ud ., , )raa I Af -A/ GRANT OF PERMANENT EASEMENTS FOR DRAINAGE PURPOSES �1 r�rr THIS INDENTURE, made this clay of November, 1998, between CONTRAIL ASSOCIATES OF WAPPINGER, as owner of the property shown on Plat entitled Orchard Drive Extension Subdivision, filed in the Dutchess County Clerk's Office simultaneously herewith as Filed Map. No. _ -------(hereinafter referred to as the 'GRANTOR"), and TOWN BOARD OF THE TOWN OF WAPPINGER, with offices located at 20 Middlebush Road, Wappingers Falls, New York 12590 (hereinafter referred to as the "GRANTEE"), WITNESSETH : 4. In consideration of the sura of ONE ($1.00) DOLLAR, lawfully money of the United Stater, actual consideration, and in the further consideration of the promises set forth below, the GRANTOR hereby grants and releases unto the GRANTEE, PERMANENT EASEMENTS AND RIGHTS OF WAY upon the following terms and conditions: 1. GRANT OF PERMANENT EASEMENTS AND RIGHTS OF WAY. The GRANTOR grants unto the GRANTEE, PERMANENT EASEMENTS AND RIGHTS OF WAY in, on, under and through that portion of the GRANTORS' parcels hereinafter described and called PERMANENT EASEMENT AREAS, including the right, without obligation to exercise such right, to construct, install, operate, maintain, repair, reconstruct, replace and inspect drain pipes, drainage ditches, channels, ponds and appurtenances in, on and through the PERMANENT AREA for transportation, retention, and disposal of surface, storm or ground water and to maintain, repair, reconstruct, replace and inspect the same as GRANTEE may deem necessary or desirable, The PERMANENT EASEMENT AREAS are located in the Town of Wappinger, County of Dutchess and State, of New York, as shown on a certain subdivision map entitled Orchard Drive Extension. 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PLAN VIEW-ENLARGEMENT ti SCALE: lao' I � CA0 Ir a- x I N' I 0 I STANDARD NOTES DUTCHESS COUNTY HEALTH DEPARTMENT THE DESIGN CONSTRUCTION AND INSTALLATION SHALL BE IN ACCORDANCE,U AND GENERALLY ACCEPTED STANDARDS IN EFFECT AT HE TIME OF CONBTRU� ARDMORE DFOVE INCLUDE _ "DESIGN STANDARDS FOR WASTEWATER TREATMENT WORKS,1988 "'PLANNING THE SUBDIVISION A5 PART OF THE TOTAL ENVIRONMENT' STATE DEPARTMENT OF HEALTH.` "RURAL WATER SUPPLY,NEW YORK STATE DEPARTMENT OF HEALTH,' "NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION COUNTY DEPARTMENT OF HEALTH POLICIES"PROCEDURES AND SIAU "DUTCHESS COUNTY DEPARTMENT OF HEALTH SANITARY CODE,ARTW�,4 DUTCHESS COUNTY DEPARTMENT OF HEALTH CERTIFICATE OF APPRG�, "RECOMMENDED STANDARDS FOR WATER WORKS"1992,'GLUMRB.- U£ 'RECOMMENDED STANDARDS FOR WASTEWATER FACILYHES,1990,GLI THIS PLAN I$APPROVED AS MEETING THE APPROPRIATE AND APPLIED TECHKq GIIDELINES.,POLICIES AND PROCEDURES FOR ARRANGEMENTS OF SEWAGE DI5(;,- TREATMENT AND WATER SUPPLY FACILITIES;AND AS A CONDITION OF THE APF;, CONSTRUCTION INSPECTION BY A REPRESENTATIVE OF THE D C.H.D.DR PROFE$,' SHALL BE CONDUCTED TO DETERMINE THAT CONSTRUCTION AT HE TIME OF IN C,UwLEfED IN GENERAL CONFORMANCE WITH THE APPROVED PLANS AND ANI. THEREOF. VERGILIS, STENGER, RoBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12.590 (914) 298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETP"- 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 TODD N.ROBINSON" (914)452-1046 -ADMITTED TO PRACTICF, ADDRESS REPLY TO: POUGHKFFPSIE IN NY&FLA, WAPPINUERS **ADWTTED TO PRACTICE IN NY&CONN. May 3, 1999 Hon, Elaine Snowden HECEIVED Town Clerk, Town of Wappinger Middlebush Road MAY 0 4 1999 Wappingers Falls, New York 12590 ELAINE SNOWDEN Re: Contrail Associates TOWN CLERK Orchard Drive Extension Subdivision, Town of Wappinger Dear Elaine: In connection with the above referenced subdivision,Q enclose herewith a le _ from Dan Curtain and original RP-5217's. The deeds, easemb-nt s etc_ have been forwarded to you pending acceptance by the Town, Board. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/kf encl. FRNTEG BY 8TA4a.Y➢ace- PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM - INSTRUCTIONS: http://www.orps.state.ny.us or PHONE(518) 473-7222 FOR COUNTY USE ONLY REAL PROPERTY TRANSFER REPORT C1.SWIS Code I I STATE OF NEW YORK C2.Date Dead Recorded I / / I STATE BOARD OF REAL PROPERTY SERVICES Month Day Year RP — 5217 C3.Book I I I C4.Page I I I I rB► I itr-nv Rev aro? lPROPERTY INFORMATION c 1.Property Lot #1 I Drainage Easement - Orchard Drive Extension qubd Plan I Location STREET NUMBER STREET NAME _ l�/WannfngPr I I 1 j crn oR s't�N vIITAce ZIP cooE 2.Bayer TOWN OF WAPPINGER Name LAST NAME(COMPANY FIRST NAME LAST NAME/COMPANY FIRST NAME S.Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form)I I Address LAST NAME/COMPANY FIRST NAME I STREET NUMBER AND STREET NAME I CITY OR TOWN I STATE I LP CODE 4.Indicate the number of Assessment 1 (Only If Part of a Parcell Check as they apply: Roll parcels transferred on the dead I -J tk of Parcels OR ❑ Part of a Parcel 4A Planning Board with Subdivision Authority Exists ❑ S.Deed 4B.Subdivision Approval was Required for Transfer ❑ Property I X I I ORI I 4C.Parcel Approved for Subdivision with Map Provided ❑ Size FRONT FEET DEPTH ACRES 6.Seller I CONTRAIL ASSOCIATES OF WAPPINGER I I Name LAST NAME/COMPANY FIRST NAME I I I LAST NAME/COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: X Drainage Easement S.Ownership Type is Condominium [] A One Family Residential E Agricultural I Community Service 9.New Construction on Vacant Land B 2 or 3 Family Residential F Commercial J Industrial 10A.Property Located within an Agricultural District ❑ C Residential Vacant Land G Apartment K Public Service 108.Buyer received a disclosure notice indicating ❑ D Non-Residential Vacant Land H Entertainment l Amusement L Forest that the property is in an Agricultural District _ SALE INFORMATION N/A IS.Check one or more of these conditions as applicable to transfer: - 11.Sale Contract Date I / / I A Sale Between Relatives or Former Relatives Month Day Year B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Date of Sale/Transfer I / / 99 I D Buyer or Seller is Government Agency or Lending Institution Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) GSignificant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price I .0- , 0 0 I II Sale of Business is Included in Sale Price ' S a {Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount 14.Indicate the value of personal I -0- 0 0 1 property included in the sale e ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax KI 16.Year of Assessment Roll from which information taken �J 17.Total Assessed Value(of all parcels in transfer)I 7 7 7 18.Property Class I I—U 19.School District Name I Wappinger I 20.Tax Map Identilter(s)I Roll Identifieds)Ig more than four,attach sheet with additional identier(sli _ I I I 1 I 1 CERTIFICATION I certify that all of the items of information entered on this form are true and Correct(to the best of my knowledge and belief)and I understand that the making of any wlWW false statement of material fact herein will subject me to the provisions of the penal law relative to the making and filing of false instn>menfs. BUYER BUYERS ATTORNEY TOWN OF WAPPIN�TER— Roberts I Albert P. BUYER SIGNATURE DATE LAST NAME FIRST NAME 914 298-2000 20 I Middlebush Road STREET NUMBER STREET NAME AFTER SALE) AREACOOE TELEPHONE NUMBER Wappinger Falls I NY 1 12590 CRYORTOWN STATE 9P CODE Contrail SELLER N Y0 ST�i PRINIEO el'eT.NIRNa RfeISTFA VSA PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps_state,ny.us or PHONE(518) 473-7222 FOR COUNTY USE ONLY ct.swls code REAL PROPERTY TRANSFER REPORT I I STATE OF NEW YORK C2.Date Deed Recorded I / / I STATE BOARD OF REAL PROPERTY SERVICES Month Day Year RP - 5217 C3.Book 1 L L L I C4.Page) L L I nr-nv arT 31y1 PROPERTY INFORMATION 1.Property Lot #3 I Drainage Easement - Orchard Drive Extension Subd. Plan 1 Location STRFeT NUMBER BTREEr NAME I I t/Wappinger CITY OR TOWN VILLAGE ZIP CODE 2.Buyer TOWN OF WAPPINGER I Name IAsTNAME)OOMPANY FIRST NAME UST NAME/COMPANY FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent I I Billing if other than buyer address(at bottom of form) Address LAST NAME[COMPANY FIRST NAME I I I I I I STREET NUMBER AND STREET NAME CRY on TOWN - STATE ZIP CODE On d Part of a Parcell Check as the a 4.Indicate the number of Assessment 1 (Only� Y PPIY: Roll parcels transferred on the dead I If of Parcels OR ❑ Part of a Parcel 4A Planning Board with Subdivision Authority Exists ❑ S.Dead 4B.Subdivision Approval was Required for Transfer ❑ Property I I X1 I ORI • 1 4C.Parcel Approved for Subdivision with Map Provided E]i Size FRONT FEET DEPTH ACRES S.Sailor I CONTRAIL ASSOCIATES OF WAPPINGER Name LAST NAME/COMPANY FIRST NAME I I I !AST NAME/COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply- X Drainage Easement S.Ownership Type is Condominium ❑ A One Family Residential E Agricultural x Community Service 9-New Construction on Vacant land E]B 2 or 3 Family Residential F Commercial J Industrial 10A.Property Located within an Agricultural District E]C Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice Indicating E]D Non-Residential Vacant Land H Entertainment I Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions as applicable to transfer: 11.Sale Contract Date I N/A A Sale Between Relatives or Former Relatives Month Day Year B Sale Between Related Companies or Partners in Business - C One of the Buyers is also a Seller 12.Date of Sale I Transfer I / - /99 I D Buyer or Seller is Government Agency or Lending Institution - Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) G Significant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price 0 0 H Sale of Business is Included In Sale Price I � � k • (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount. - 14.Indicate the value of personal I —�— , 0 0 I property included in the sale j • ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from which information taken 17.Total Assessed Value(of all parcels in transfer! f ! 7 Wappinger 18.Property Class —U 19-School District Name I 1 20.Tax Map Idenfffeds)I Roll IdentifierW(8 more than four,attach Sheet with additional identrtar(s)) CERTIFICATION I certify that all of the items of information entered on this form are true and correct(to the best of my knowledge and belief)and I understand that the makin of any wt'Rful false statement of material fact herein will subject me,to the provisions of the penal law relative to the making and Sling of false instrument& BUYER BUYER'S ATTORNEY TOWN OF WAPPINGER ROBERTS ALBERT P. BUYER SIGNATURE - DATE LAST NAME FIRST NAME 20 Middlebush Road 914 1 298-2000 STREET NUMBER STREET NAME(AFTER SALE) AREA CODE TELEPHONE NUMBER Wappinger Falls I NY 112590 CRY OR TOWN STATE ZIP CODE SELLER NEW YORK STATE PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS:http://www.orps.state.nyms or PHONE (518) 473-7222 FOR COUNTY USE ONLY ct.swls code REAL PROPERTY TRANSFER REPORT I I I I � I STATE OF NEW YORK C2.Date Deed Recorded I / / I STATE BOARD OF REAL PROPERTY SERVICES Month Day Yasr RP — 5217 C3.Book I I 1 I I I C4.Page I I I I . . RP-52178-3m PROPERTY INFORMATION 1.Property I LOT X12 I Orchard Drive Extension Subd. Plan (Snow Easement) Location MEET NUMBER STREET NAME Wappinger CITY OR TOWN VILLAGE ZIP CODE 2.Buyer I TOWN OF,WAPPTNGFR Name LAST NAME/COMPANY FIRST NAME LAST NAME ICOMPANY FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent I I Billing if other than buyer address(at bottom of form) I Address LAST NAME/COMPANY FIRST NAME STREET NUMBER AND STREET NAME CITY OR TOWN - STATE 21P CODE 4.Indicate the number of Assessment ❑ (Only fi Part of a Parcel)Check as they apply: Roil parcels transferred on the deed I 1 #of Parcels OR Part of a Parcel 4A.Planning Board with Subdivision Authority Exists ❑ 5.Deed 4B,Subdivision Approval was Required for Transfer ❑ Property I I X1 ORI I 4C.Parcel Approved for Subdivision with Map Provided ❑ Size FRONT FEET DEPTH ACRES 6.Seger CONTRAIL ASSOCIATES OF WAPPINGER I Name LAST NAME/COMPANY FIRST NAME LAST NAME ICOMPANY I FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: X Snow Easement S.Ownership Type is Condominium ❑ A One Family Residential E Agricultural I Community Service 9.New Construction on Vacant Land E]B 2 or 3 Family Residential F Commercial J Industrial 10A.Property Located within an Agricultural District Ll C Residential Vacant Land G Apartment K Public Service 10B.Buyer received a disclosure notice indicating ❑ .D Non-Residential Vacant Land H Entertainment/Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions as applicable to transfer: 11•Sale Contract Data I N/A/ / I A Sale Between Relatives or Former Relatives Month Day year E Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Date of Sale I Transfer I / / 99 I D Buyer or Seller is Government Agency or Lending Institution Month Day year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) _ G Significant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price —�I I U r 0_ I JI Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.Indicate the value of personal I _Q_ 0 0 1 property included in the sale e ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from which information taken 77.Total Assessed Value(of all parcels in transfer)I 7 7 18.Property Class I I—u 19.School District Name I Wappinger 20.Tax Map 1dentifier(sl/Roll Idestil lsl IH more than four,attach sheat with additional Identifier(s)) - I I I I I I I I CERTIFICATION I certify that aR of Ute items of information entered on this form are true and correct(to-the best of my kaowledge and belief)and I understand that the making of any willful false statement of material fact herein wiR subject me to the provisions of the penal law relative to the staking and filing of false instruments. BUYER BUYER'S ATTORNEY TOWN OF WAPPINGER Roberts Albert P. I I - BUYER SIGNATURE DATE LAST NAME FIRST NAME 914 298-2000 I - 1 STREET NUMBER STREET NAME(AFTER SALE) AREA CODE TELEPHONE NUMBER I I CITY OR TOWN STATE MP CODE SELLER NEW YORK STATE _ rwntR ai SrNCMC RWNrER D.SA - PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY I I REAL PROPERTY TRANSFER REPORT C1.COUNTY SVVIS code STATE OF NEW YORK C2.Date Deed Recorded STATE BOARD OF REAL PROPERTY SERVICES Month Day Year RP - 5217 C3.Book I , , 1 , I C4.Page I I I 1 1 I xr-slv acv 3W PROPERTY INFORMATION 1.Propertyl Lot lel 1 Orchard Drive Extension Subd. Plan (Snow Easement) Location STREETNUMBER STREET NAME 1 Wappinger I I 1 CITY OR TOWN VILLAGE ZIP CODE 2.Buyer 1 TOWN OF WAPPINGER I I Name LAST NAME/COMPANY FIRST NAME LAST NAME/COMPANY - FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent I I Billing if other than buyer address(at bottom of form) I Address LAST NAME]]/COMPANY FIRST NAME I 1 11 I STREET NUMBER AND STREET NAME CITY OR TOWN STATE PP CODE 4.Indicate the number of Assessment 1 (Only if Part of a Parcel)Chock as they appty: Roll parcels transferred on the deed L #of Parcels OR ❑ Part of a Parcel yi Planning Board with Subdivision Authority Exists ❑ S.Deed 4B.Subdivision Approval was Required for Transfer ❑ Property I I X1 1 ORI • I 4C,Parcel Approved for Subdivision with Map Provided ❑ SIZE FRONT FEET DEPTH ACRES S.Sellar ( CONTRAIL ASSOCIATES OF WAPPINGER 1 I Name LAST NAME/COMPANY FIRST NAME 1 I I LAST NAME/COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: X Snow Easeemnt 8.Ownership Type is Condominium ❑ _ A One Family Residential E Agricultural I Community Service 9.New Construction on Vacant Land ❑ B 2 or 3 Family Residential F Commercial 7 Industrial 10A Property Located within an Agricultural District ❑ C Residential Vacant Land G Apartment $ Public Service 10B.Buyer received a disclosure notice indicating ❑ D Non-Residential Vacant Land H Entertainment(Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions as applicable to transfer: 11.Sale Contract Data4T� A Sale Between Relatives or Former Relatives MorrS[tfi/ Day / Year I B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 72 Data of Sale f Transfer I / /99 1 D Buyer or Seller is Government Agency or Lending Institution Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Belowl F Sale of Fractional or Less than Fee Interest(Specify Below) _ GSignificant Change in Property Between Taxable Status and Sale Dates 13.Full Sale PriceI _0 r-0� r ' ' r r •- II Sale of Business is Included in Safe Price (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goods,or the assumption of 7 None mortgages or other obligations.) Please round to the nearest whole dollar amount. 14.Indicate the value of personal 1 _0_r r 0 r 0 I property included in the sale • ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from J 17 Total Assessed Value{of all parcels in transfer) which information taken > 18.Property Class I I-U 19.School District Name I Wappinger 20.Tax Map Identfier(sl/Roll Identifier(s)(If more than four,attach sheat with additional identifierls)) I I I I I I I CERTIFICATION I certify that all of the items of information entered on this form are true and correct(to the best of ray knowledge and belief]and I understand that the making of any wBlful Use statement of material fad herein will subject me to the provisions of the penal law relative to the making and filing of false instruments. BUYER BUYER'S ATTORNEY TOWN OF WAPPINGER Roberts Albert P. BUYER SIGNATURE DATE LAST NAME FIRST NAME 914 1 298-2000 STA EET NUMBER STREET NAME(AFTER SALE) AREACQDE TELEPHONE NUMBER CITY OR TOWN STATE ZIP CODE SELLER NEW YORK STATE P DR s �A PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS: http://www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY C1.SVYIS Code I REAL PROPERTY TRANSFER REPORT I I r I r I STATE OF NEW YORK C2.Date Deed Recorded I / / I _ STATE BOARD OF REAL PROPERTY SERVICES Month Day Year RP 5217 C3.Book I L__'C4,Page I I I ,, . RP-5217 tur 3s7 PROPERTY INFORMATION 1,Property I I Horton Lane I Location STREET NUMBER STREET NAME I Town of Wappinger [ CITY OR TOWN VILLAGE AP CODE 2.Buyer TOWN OF WAPPINGER I I Name LAST NAME/COMPANY FIRST NAME I I _ LAST NAME!COMPANY FIRST NAME 3.Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address(at bottom of form) LAST NAME(COMPANY FIRST NAME Address STREET NUMBER AND STREET NAME CITY OR TOWN STATE ZIP CODE 4.Indicate the number of Assessment1 ❑ 1Only if Part of a Parcell Check as they apply: Roll parcels transferred on the deed I 1 d of Parcels OR Part of a Parcel planning Board with Subdivision Authority Exists ❑ 5.Deed 4B.Subdivision Approval was Required for Transfer ❑ Property I I X I I OR • I 4C.Parcel Approved for Subdivision with Map Provided ❑ Size FRONT FEET DEPTH ACRES 6.Seller CONTRAIL ASSOCIATES OF WAPPINGER I I Name LAST NAME/COMPANY FIRST NAME LAST NAME/COMPANY FIRST NAME 7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply: Road S.Ownership Type is Condominium ❑ A One Family Residential E Agricultural I Community Service 9.New Construction on Vacant Land ❑ B 2 or 3 Family Residential F Commercial J Industrial 10A Property Located within an Agricultural District C Residential Vacant Land G Apartment K Public Service 10B,Buyer received a disclosure notice indicating ElD Non-Residential Vacant Land H Entertainment I Amusement L Forest that the property is in an Agricultural District SALE INFORMATION 15.Check one or more of these conditions as applicable to transfer: 11.Sale Contract Date I N/A / / I A Sale Between Relatives or Former Relatives Month Day Year E Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller 12.Date of Sale/Transfer I / / 99 I D Buyer or Seller is Government Agency or Lending institution Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below) F Sale of Fractional or Less than Fee Interest(Specify Below) _ G Significant Change in Property Between Taxable Status and Sale Dates 13.Full Sale Price I —O I I g Sale of Business is Included in Sale Price ! ! a (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below) This payment may be in the form of cash,other property or goads,or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dalfar amount. 14.Indicate the value of personal I —Q—, 0 0 1 property included in the sale ! ! e ASSESSMENT INFORMATION-Data should reflect the latest Final Assessment Roll and Tax Bill 16.Year of Assessment Roll from - 1 L—'---J 17•Total Assessed Value{of all parcels in transfer) which information taken 7 ! ! 78.Property Class I I—U 19.School District Name (Wappinger `I 20.Tax Map Identifleds)/Roll Iderdifrerls)(R more than four,attach sheet with additional identifier(s)) I I I I I 1 I I CERTIFICATION I certify that all of the Items of information entered on this form are true and correct(to the best of my knowledge and beliet)and I understand that the making of any wtflgd false statement of material fact herein will subject me to the provisions of the penal law relative to the melon g and filing of false instruments BUYER BUYER'S ATTORNEY TOWN OF WAPPINGER Roberts 1 Albert P. BUYER SIGNATURE DATE LAST NAME FIRST NAME 914 298-2000 I I STREET NUMBER STREET NAME(AFTER SALE) AREA CODE TELEPHONE NUMBER CRY OR TOWN STATE 23P CODE SELLER NEW YORK STATE TOWN OF WAPPINGER ZONING DEPARTMENT CONSTANCE U. SKTH 20IVIDDLEBUSH ROAD SUpervsor P.C, BOX 324 WAPPINGEHS FALLS, NY 12590-9324 TELFPHONE: (914) 297-6257 FAX : (914) 297-4558 TO: Elaine Snowden, Town Cleric FROM: Zoning Department RE: Orc1><ard. Drive Extension DATE April 9, 1999 Attachcd, please (incl Contrail's original Performance Bond and Letter of Credit for Orchard Drive Extension. 12/15/92 Wappinger PERFORMANCE BOND SECURED BY A LETTER OF CREDIT WHEREAS, the undersigned, - . with an address at _ - c4 �. �i�• ' ' may have made application to the Planning Board of the Town of Wappinger to approve a subdivision of lands more particularly describedina subdivision map entitled prepared by Q� 1��1L 1: •. Si . dated _ _ last revised �� _ 9� and WHEREAS, the Planning Board granted final conditional subdivision approval, by Resolution dated �g 9 subject to certain public improvements being made and constructed and subject to completion of the requirements set forth� in the Town Subdivision Regulations, Highway Specifications and Zoning Law, and further subject o the requ' ements set forth in the letter of -:I ocr �7. 6,6-r � �r� Engineer to the Town, dated J9 jJ, which improvements are depicted in a set of 24 construction documents dated ; and WHEREAS, Town Law Section 277 requires that the developer guarantee the construction, installation and dedication of the required public improvements and obligations prior to issuance of any building permits; and (OPTIONAL PARAGRAPH - use when applicant is corporation) WHEREAS, to secure the obligation to guarantee the 1 construction, installation and dedication of the required public 1, improvements and obligations, �y.QN1 �L a principal officer and shareholder of the undersigned has further agreed to personally guarantee the obligations set forth in this performance bond. NOW, THEREFORE, the undersigned- _ _ jif AI L . will truly make, construct, complete the improvements, -and agree to perform all of the obligations set forth in the Subdivision Regulations , Highway Specifications and Zoning Law of the Town of Wappinger, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, in accordance with the Resolution of Subdivision Approval dated S the letter of the Engineer to the Town dated t the approved construction documents dated 8 and in accordance with the Local Laws, Ordinances , Rules and Regulations of the Town of Wappinger, within two (2 ) years from the date hereof. Upon construction and completion of the required improvements and obligations set forth above, and upon request of the Town, the undersigned will dedicate same to the Town, free and clear of any liens or obligations as set forth in the Local Laws , Ordinances , Rules and Regulations of the Town of Wappinger. As security for this obligation, including sures sufficient to pay for attorneys ' or consultants ' fees in the event the undersigned defaults hereunder, the undersigned will hereby 2 R deliver to the Town of Wappinger the following security for the faithful performance of the obligations the undersigned has undertaken he ein: Valet etter of credit issued by �pL bearing numbers Oa4J 111 and issued in favor of the Town of Wappinger in the sum of S securing the obligation set forth in this Performance Bond. The undersigned t...__ LL -c further binds his/her, their, its heirs, executors', administrators, successors or assigns as the case may be, for the faithful performance of the obligations set forth herein. (OPTIONAL PARAGRAPH FOR CORPORATION) As additional security for this obligation, -RMV an officer and shareholder of (2w:r'qAt , further joins in the execution of this document for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder. The undersigned further acknowledges that if any default remains in the performance of the obligations created hereunder, the lots within the subdivision will no longer be eligible for building permits until such defaults are cured. _ r Dated: J 3 f ( Individual ) STATE OF NEW YORK ) } ss . . COUNTY OF DUTCHE,S.S ) �/ Onhe Ll d.•a ' of /�2C1P 199 before me personally came h1�C �9�f '� �Cr to me known to be the individual described in and who executed the foregoing document, and acknowledged that Xhe executed the same. TAVP SIHM3 LAOIS �_ t �dNnoo MHSin(]N10 ` o6MLS-K'0N Notary Public (Corporate) NIOMONS '! 3NIV13 k STATE OF NEW YORK ) COUNTY OF DUTCHESS ) On the day of , 199 , before me personally came to me known, who, being by me duly sworn, did depose and say that (s)he resides at , New York, that (s )he is the of , the corporation described in and which executed the foregoing instrument; and that (s)he signed his/her name thereto by order of the board of directors of said corporation. Notary Public (Partnership) STATE OF NEW YORK } ) ss . . COUNTY OF DUTCHESS ) On the day of 199_, before me personally came to me known, who being by me duly sworn, did depose and say that he resides in that he is a general partner of , a New York General Partnership, that he had authority to execute the foregoing instrument; that he acknowledged to me that he executed the same as such partner of , in the name of which and on behalf of which, the foregoing instrument was so executed by him, and that said execution thereof is hereby acknowledged as the act and deed of NOTARY PUBLIC 4 - ---- LETTER OF CREDIT DEPARTMENT PANK OF CHURCH ST. STATION NEN P.O, BOX 11238 YORK NEW YORK, N.Y. 10286-1238 E OUR REF. NO, DATE 500039119 FEBRUARY 26 1999 BENEFICIARY APPLICANT TOWN OF WAPPINGER CONTRAIL LLC 20 MIDDLEBUSH ROAD 1404 ROUTE 52, SUITE 3 WAPPINGER FALLS , NY 12590 HOPEWELL JCT . , NY 12533 ATTN: TOWN CLERK GENTLEMEN/LADIES: OUR REFERENCE NO . 500039119 I ACCOUNT OF: CONTRAIL LLC 1404 ROUTE 52, SUITE 3 HOPEWELL JCT . , NY 12533 AVAILABLE�J _ABLE WITH: OURSELVES BY PAYMENT DRAFTS AT SIGHT DRAWN ON THE BANK OF NEW YORK , NEW YORK , NEW YORK, AS INDICATED BELOW To THE EXTENT OF : ***USD15,440 .00*** EXPIRY DATE: FEBRUARY 26 2004 PLACE OF EXPIRY: OUR COUNTERS ADDITIONAL IDETAILS : WE HEREFY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AVAILABLE BY YOUR DRAFT(S) AT SIGHT ON US FOR A SUM NOT EXCEEDING U, S ,$15,440.00 (FIFTEEN THOUSAND FOUR HUNDRED FORTY AND 001100 U.S. DOLLARS) FOR THE ACCOUNT OF CONTRAIL LLC. t FLND, UNDER D R T HTS LETTER OF CREDIT ARE AVAILABLE TO YOU AGAINST YOUR SIGHT DRAFT(S) DRAWN ON US, ACCOMPANIED BY: I . YOUR DATED STATEMENT , PURPORTEDLY SIGNED BY THE TOWN SUPERVISOR, READING AS FOLLOWS: "WE HEREBY CERTIFY THAT THE AMOUNT OF THE ACCOMPANYING SIGHT' DRAFT, US$ , UNDER YOUR LETTFR OF CREDIT NO. 500039119 REPRESENTS FUNDS DUE AND PAYABLE AS CONTRAIL LLC HAS FAILED TO PERFORM OR IS IN DEFAULT UNDER THE SPECIFICATIONS IN THE LETTER FROM PAGGI & MARTIN .IN THE ORCHARD DRIVE SUBDIVISION, IN THE TOWN OF WAPPINGER, BUTCHESS COUNTY , NEW YORK. " AND „, „ TlWi LETTER OF CREDIT DEPARTMENT BANK CHURCH ST. STATION NW P.O. BOX 11238 YORK NEW YORK, N.Y. 10286-1238 _ 2_ I OUR LETTER OF CREDIT 900739119 CONTRAIL LLC II . THE ORIGINAL OF THIS LETTER OF CREDIT , FOR ENDORSEMENT ON THE REVERSE SIDE THEREOF OF THE AMOUNT OF ANY DRAFT DRAWN AND HONORED BY US UNDER THIS LETTER OF CREDIT, _ THIS LETTER OF CREDIT SHALL INITIALLY EXPIRE AT OUR COUNTERS ON I € FEBRUARY 26, 2000. HOWEVER, IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR EACH FUTURE EXPIRATION! DATE HEREOF UNLESS AT LEAST SIXTY 4601 DAYS PRIOR TO ANY SUCH EXPIRATION! DATE WE NOTIFY YOU IN WRITING AT THE ABOVE ADDRESS BY REGISTERED MAIL OR BY OVERNIGHT COURIER OF OUR ELECTION NOT TO EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD. AFTER RECEIPT OF SUCH NOTICE BY YOU ON OR BEFORE THE THEN CURRENT EXPIRATION DATE YOU MAY DRAW UP TO THE FULL AMOUNT AVAILABLE HEREUNDER AGAINST YOUR SIGHT DRAFT' DRAWN! ON US ACCOMPANIED BY YOUR STATEMENT, PURPORTEDLY SIGNED BY THE TOWN SUPERVISOR, READING AS FOLLOWS: "WE ARE -IN RECEIPT OF WRITTEN NOTICE FROM THE BANK OF NEW YORK OF ITS ELECTION NOT TO RENEW ITS LETTER OF CREDIT NO. 500039119 FOR AN ADDITIONAL TERM4 OF ONE YEAR AND AS OF THE DATE OF THIS DRAWING, WE HAVE NOT RECEIVED AN ACCEPTABLE REPLACEMENT LETTER OF CREDIT OR 'A.NY OTHER FORM OF SECURITY FROM SATELLITE INVESTMENTS . " 1 THIS LETTER OF CREDIT MAY BE CANCELLER PRIOR TO THE ABOVE E EXPIRATION DATE OR ANY SUBSEQUENT AUTOMATICALLY EXTENDED - EXPIRATION! DATE, UPON OUR RECEIPT OF: (A) THE ORIGINAL OF THIS - LETTER OF CREDIT AND (B) A LETTER FROM YOU, PURPORTEDLY SIGNET] BY THE TOWN SUPERVISOR, STATING THAT THE IMPROVEMENTS HAVE BEEN TIMELY COMPLETED AND THAT THEREFORE YOU ARE RELEASING US FROM OUR OBLIGATIONS UNDER OUR LETTER OF CREDIT NO . S00039119 . it i ALL DRAFTS DRAWN HEREUNDER MUST BE MARKET); "DRAWN UNDER THE BANS( OF NEW YORK IRREVOCABLE LETTER OF CREDIT NO. 500039119 DATED FEBRUARY 26, 1999" . WE HEREBY ENGAGE WITH T14E DRAWERS OF DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT, THAT THE = SAME SHALL DE DULY HONORED ON PRESENTATION TO US AT OUR OFFICE LOCATED AT 101 BARCLAY STREET , NEW YORK , NAY 10007, ATTENTION; THE MANAGER , STANDBY LETTER OF CREDIT DEPARTMENT , FLOOR S EAST,,. ON OR BEFORE FEBRUARY 26 , 2000 OR ANY AUTOMATICALLY EXTENDED i DATE AS PROVIDED FOR HEREIN . i EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS ( 1993 REVISION) , INTERNATIONAL CHAMBER OF . -._T-- ----- _-- - - - -- - _T __..-. 41 ----,----- 4M Tfw LETTER OF CREDIT DEPARTMENT BANK(F CHURCH ST,STATION P.O. BOX 11238 YORK NEW YORK, N.Y. 10286-1238 3- OUR LETTER OF CREDIT 500039119 _ CONTRAIL LLC COMMERC PUBLICATION NO. 500. YOURS TRULY, i AUTHO ZED SI NATURE I ` i i 1 i .. i 3 s i I i " VERGILIS, STENGER, ROBERTS &z PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS PALLS,NEW YORK 12590 (914) 298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MAIL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 TODD N.ROBINSON** (914)452-1046 *ADMITTED TO PRACTICE ADDRESS RPLY TO; POUGHKEEPSIE IN NY&FLA. CCCVD WAPPiNGARS **ADMCi ))TO PRACTICE IN NY&CONN. MAR 0 2 :999 February 26, 1999 ELAINE SNOWDEN Town of Wappinger TOWN CI.E'fiK 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590 Attn: Hon. Constance O. Smith RE: Contrail Associates of Wappinger to Town of Wappinger Orchard Drive Extension Subdivision Our File No. 12949-0179 Dear Connie: In connection with new subdivisions, the Town Board has not accepted Deeds, Easements associated with this subdivision until such time as all roadways and improvements have been installed and fully completed to the satisfaction of the Town Highway Superintendent and Town Engineer. In connection with this subdivision, the developer is also proposing to convey several acres which are adjacent to existing Town owned "conservation districts". Please advise if the Town Board wishes to accept this land now or wait until such time as the Town agrees to accept the road and easements. In the past there has been some difficulty created because real estate taxes accrue on these parcels until such time as the Town Board accepts them. Very truly yours, VERGILIS, STE GER, ROBERTS & PERGAMENT ALB RT P. ROBERTS APRlspd encls. cc: Han. Constance O. Smith, Supervisor Hon. Robert Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Hon. Elaine Snowden, Town Clerk Joseph E. Paggi, Jr., P.E. Daniel Wery, Town Planner Daniel F. Curtin, Esc . VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914) 298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT R ROBERTS IRA A.PERGAMENT ^C AMY E.WOODARD ANTONIA T.LUCIA V G ww POUGHKEEPSIE OFFICE IVE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 TODD N.ROBINSON** MAR 0 2 X99 (914)452-1046 *ADWMD TO PRACTICE ADDRESS REPLY TO:( )POU M"USIE IN NY&FLA. ELAINE SNOWDEN ( )WAPPINGERS **ADNi=D TO PRACTICE - TOWN CLERK. LN NY&CONN. February 26, 1999 Hank, Hanig, Stall, Caplicki Redl & Curtain, LLP 319 Main Mall Rear, Box 911 Poughkeepsie, NY 12602 Attn: Daniel F. Curtin, Esq. RE: Contrail Associates of Wappinger to Town of Wappinger Orchard Drive Extension Subdivision Our File No. 12949-0179 Dear Dan: In connection with the above subdivision, please be advised I have reviewed the following copies of documents, the originals of which are on file with Elaine Snowden, Town Clerk: 1. Irrevocable Offer of Dedication containing Schedule A (road); Schedule 2 (three storm drainage easements); Schedule 3 (containing two snow easements); 2. Grant of Permanent Easements for Drainage Purposes containing schedules A-1, A-2 and A-3; 3. Grant of Snow Easements (containing Schedules A-1 and A-2); 4. Deed dated November 20, 1998 from Contrail Associates of Wappinger to Town of Wappinger containing TP584 both executed by Frank Buyakowski on behalf of Contrail Associates of Wappinger; 5. Deed dated.November 30, 1998 from Contrail Associates of Wappinger to Town of Wappinger for conveyance of newly construction cul-de-sac, together with TP584; and 6. .Fidelity National Insurance Certificate of Title number C-10597. 1 find the above documents all in proper order and form, subject to the confirmation by the Town Engineer as to the legal description attached to the above referenced documents. Your packet also included two Deeds for Snow Easements and three deeds for Drainage Easements. I believe it is unnecessary to record those Deeds because the Grants of Easements will be recorded and will establish the needed easements. Please note that until such time as the Town accepts the road and easements, real estate taxes on these properties will have to be paid by the developer. Contrail still has to supply signed E&A forms for the two deeds as well as a Performance Bond secured by a Letter of Credit, which I have yet to receive and approve. The Irrevocable Offer of Dedication is to be recorded simultaneously with the filing of the subdivision plat. As soon as the Performance Bond and Letter of Credit are approved, the subdivision plat can be filed. By separate letter, I will instruct Elaine Snowden to release the Irrevocable Offer of Dedication to Mr. Buyakowski so that the subdivision plat can be recorded. I will also recommend to the Town Board to accept the recreation lands now. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT / _X� ALBERT P. ROBERTS APR/spd encls. cc: Hon. Constance O. Smith, Supervisor Hon. Robert Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home.address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Hon. Elaine Snowden, Town Clerk Donald Close, Zoning Consultant Linda Tasadfoy, Assessor— (please note recreation lands to be dedicated) Joseph E. Paggi, Jr., P.E. PAGGI, MARTIN & DEL BENE LLP Consulting Engineers&Land Surveyors 54-56 Main Street Poughkeepsie,New York 12601 ° 914-471-7898 914-471-0905 (FAX) J + � January 13, 1999 E AN IN1999 LAP. Vergilis, Stenger, Roberts &Pergament 1611 Route 9 Wappingers Falls, New York 12590 Attention: Albert P. Roberts, Esq. Reference: Orchard Drive Extension Dear Al: As per your correspondence of January 71h, 1999, we have reviewed the above referenced legal description for the Orchard Drive Extension. We have no problems with the description and find it suitable for inclusion with Mr. Foster's report. Any questions or comments may be addressed to this office. Very truly yours, Peter J, a gr JP-law cc: Hon. Elaine Snowden, Town Clerk Joseph E.Paggi,Jr.,EE,. Ernst Martin,Jr,,PE.,L.S, Charles R.Del Bene,Jr.,P.E. VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DQNNELL ALBERT P.ROBERTS AMY E. OODARD IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFMCE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 TODD N.ROBINSON** (914)452-1046 •ADMITTED To PRACTICE IN N,R ISA ADDRESS REPLY TO;( )POUGHKEEPSIE ( WAPPINGERS "ADW111M TO PRACTICE IN NY&COMM January 7, 1999 Paggi, Martin& DelB.ene 54-56 Main Street - Poughkeepsie,New York 12601 Attn: Joseph E. Paggi, Jr., P.E. Re: Farms End Road (Orchard Drive Extension Our File No. 12949.0179 Dear Jay: Attached please find copy of legal description of Farms End Road a/k/a Orchard Drive Extension or Horton Lane. Please confirm that this legal description meets with your approval. A copy of same will have to be attached to Graham Foster's Report and Recommendation and the Town Board Consent laying out the road. Very truly yours, VERGILIS, STENGER, ROBERTS &PERGAMENT ALB T P. ROBERTS APR/lth_,,/ _ Enclosure cc: Hon. Elaine Snowden, Town Clerk 12/23/1998 12:05 914-297-0212 HEINSMAN SURVEYING PAGE 02 RAYMOND E. HEINSMAN rL,S., P.P. LAND SURVEYING AND PLANNING, P.L.L.C. 859 Route 9,Suite 167 • Wappingers Falls, NY 12594 (914)297-9435 • (914)564-7666 • Fax: (91.4)297.0212 December 23, 1998 DESCRIPTION PORTION OF MORTON LANE THROUGH THE TOWN OF WAPPINGER CONSERVATION DISTRICT TOWN OF WAPPINGER All that lot, parcel or piece of land situate in the Town of Wappinger, County of Dutchess, State of New York and being that portion of Horton Lane through existing lands of the Town of Wappinger for the Conservation District a portion that is shown on file neap no. 7209 in the Dutchess County Clerk's Office, Poughkeepsie,New York and being more particularly described-as follows: Beginning at a point on the westerly line of lands now or fon nerly Maddalen being Lot 95 as shown on file map no. 2778, said point of beginning being the existing northeasterly corner of Orchard Drive, said point of beginning also being the southeasterly corner of the herein described parcel;thence, from said point of beginning and along the northerly line of existing Orchard Drive,North 63-53'-06"West 50.00 feet;thence, along the easterly line of lands now or formerly Wolfe and lands now or formerly Lots Aplenty,North 26- 06-54" East 138.31. feet to a point of curvature; thence, on a curve to the right having a radius of 80,00 feet an are distance of 11.49 feet as described by the chord North 30-13'- 50" East 11.48 feet to a point of reverse curvature;thence, through lands of the Town of Wappinger Conservation District on a curve to the left having a radius of 61.88 feet an are distance of 25,21 feet as described by the chord North 22-40'-29" East 25.04 feet;thence, along the existing southerly line of lands now or formerly Contrail Associates of Wappinger South 78-08'-30" East 93.59 feet;thence, through lands of the Town of Wappinger for the Conservation District on a curve to the tight having a radius of 52.50 feet an are distance of 43.39 feet as described by the chord South 62-29'-29" West 42.16 feet to a point of reverse curvature;thence, along the westerly line of lands now or formerly Devine on a curve to the left having a radius of 30.00 feet an arc distance of 31.44 feet as described by the chord South 56-08'-28" West 30.02 feet to a point of tangency;thence, continuing along the westerly line of lands of said Devine and lands of said Maddalen on the tangent South 26-06-54" West 138.06 feet to the point of begining. Containing: 10,017+/= square feet or 0.230 ++/- acres. Subject to any other right-of-way, easement, covenant or restriction of record. Project No: 97-031 Professional Land Surveyor • Professional Planner • Licensed in NY, NJ &PA JERARD S.HANKIN, P.C. LEGAL ASSISTANTS AD ESS REPLY TO: 0 LaGRANGE OFFICE: C] 1204 ROUTE 300 JOEL D.HANIG LISA PECCHIA" 319 MAIN MALL REAR LEXINGTON PARK (UNION AVENUE) TODD S.STALL" COLLEEN M.VanBENSCHOTEN" P.O.BOX 911 ROUTE 55,P.O.BOX 16 P.O.BOX 7229 EDMUND V.CAPLICKI,JR. DIANA E.GASTIO POUGHKEEPSIE,N.Y.12602 LaGRANGEVILLE,N.Y.12540 NEWBURGH,NY 12550 FRANK E.REDL,P.C. MARLENE H.DOCE" (814)471-7177 (9141 473-1200 (914)567-6767 DANIEL F..CURTIN"" LAURA STRANSKY" FAX(914)471-0105 FAX(914)473-1381 FAX(914)567-6773 RENEE RUTULANTE" E-Mail:hhscrcLWsol.com LYNN M.SMOOKLER Internet Home Page: DAVID V.HASIN*"" *CERTIFIED PARALEGAL www.hvlaw.com "MEMBER N.Y.&CT.BARS "MEMBER N.Y.&FL..BARS """MEMBER N.Y.,N.J.&D.C.BARS January 6, 1999 AIRBORNE EXPRESS The Town of Wappinger 20 Middlebush Road Wappingers Falls NY 12590 � 0 d' Attn: Albert P. Roberts, Esq. `; �j r Y€ Town Attorney RE: Contrail Associates of Wappinger -to- The Town of Wappinger Orchard Drive Extension Subdivision Dear Mr. Roberts: Enclosed please the following original documents regarding the above noted real estate transfer to the Town of Wappinger: 1. Deed made by Contrail Associates of Wappinger to the Town of Wappinger transferring parcel A as shown on Orchard Drive Extension Subdivision Plan for open space/recreation purposes; 2. Deed made by Contrail Associates of Wappinger to the Town of Wappinger transferring the northerly cul-de-sac end of Horton Lane as shown on Orchard Drive Extension Subdivision Plan; 3. Deed made by Contrail Associates of Wappinger to the Town of Wappinger regarding a snow easement through lot 1 as shown on Orchard Drive Extension Subdivision Plan; 4. Deed made by Contrail Associates of Wappinger to the Town of Wappinger regarding a snow easement through lot 2 as shown on Orchard Drive Extension Subdivision Plan; 5. Deed made by Contrail Associates of Wappinger to the Town of Wappinger regarding a storm drainage easement through lot 1 as shown on Orchard Drive Extension Subdivision Plan; 6. Deed made by Contrail Associates of Wappinger to the Town of Wappinger regarding a storm drainage easement through lot 3 as shown on Orchard Drive Extension Subdivision Plan; Town of Wappinger Page 42 RE. Contrail Associates of Wappingers to The Town of Wappinger 7. Deed made by Contrail Associates of Wappinger to the Town of Wappinger regarding a storm drainage easement through the southwesterly corner of lot 3 as shown on Orchard Drive Extension Subdivision Plan; 8. Irrevocable Offer of Dedication; 9. Grant of Permanent Easements for Drainage Purposes (includes Schedules A1, A2, &A3);. 10. Grant of Snow Easements (includes Schedules Al & A2); and 11. Fidelity National Title Insurance Company of New York certificate of title, in the amount of $50,000.00, under title number CC-10597. I trust all. documentation has now been submitted for your review. Very truly yours, HANKIN, HANIG, STALL, CAPLICKI, REDL & CURTIN, LLP DANIEL F. CURTIN /caw Enc.(s) copy: Contrail Associates of Wappinger Attn: Frank I3uyakowski T TOWN OF WAPPINGER : COUNTY OF DUTCHESS STATE OF NEW YORK ------ ----------------------------------------------X In the Matter of Y Laying out of an Extension of Farms End Road (formerly known as Orchard Drive), Town of Wappinger, County of Dutchess,New York. -------------------- _-_--_-___-__--------------------------------X TOWN BOARD CONSENT UPON READING THE APPLICATION OF the Graham Foster, the Superintendent of Highways of the Town of Wappinger, dated the �?,OZ day of December, 1998, wherein the Superintendent of Highways has requested the written consent of the Town Board of the Town of Wappinger, to lay out the road presently known as Farms End Road, formerly known as Orchard Drive Extension, in the Town of Wappinger, said road described on the map attached as Schedule "1" annexed hereto and made a part hereof, with road layout as shown on the map attached as Schedule "2," annexed hereto and made a part hereof, pursuant to a metes and bounds description to be prepared by a licensed surveyor, subject to the approval of the Engineer to the Town. NOW,THEREFORE,be it RESOLVED that consent is hereby given to the Superintendent of Highways of the Town. of Wappinger, Graham Foster, to make an Order, in accordance with the provisions of the Highway Law and other statutes applicable thereto, laying out Farms End Road, formerly known as Orchard Drive Extension, said road described on the map attached as Schedule "1" annexed hereto and made a part hereof,with road layout as shown on the map attached as Schedule "2," annexed hereto and made a part hereof, pursuant to a metes and bounds description to be prepared by a licensed 1 surveyor, subject to the approval of the Engineer to the Town. Dated: December 22 , 1998 i TOWN BOARD OF THE TOWN OF WAPPINGER DUTCHESS COUNTY,NEW YORK CONSTANCE O. SMITH' Supervisor ROB RT VALDAT , a cilman O EP P. PAO ONI, Councilman OSE RUGGIERO, cilman VINCENT BETTINA, Councilman 2 CERTIFICATION: STATE OF NEW YORK ) )ss.: COUNTY OF DUTCHESS } I, ELAINE SNOWDEN, Town Clerk of the Town of Wappinger,Dutchess County,New York,DO HEREBY CERTIFY: I have compared the annexed extract of minutes of the meeting of the Town Board of said Town of Wappinger, Dutchess County, New York, including the resolution contained herein, held on the 22 day of December , 1998 ,with the Original thereof on file in my office, and the same is a true and correct transcript therefrom and the whole of said Original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of the said Board had due notice of said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said Townthis 12tiday of February ,x�R 1999 TOWN CLERK, TOWN OF WAPPINGER DUTCHESS COUNTY,NEW YORK Elaine Snowden 3 T�"d �U1Q1 tv YY o d°r off', ✓ $ �i �` d406 �h Nti/ �nwf��d a na Al 41 yyCC r• 9P;t o:iY.v N '�� 4 P uM1 Yob k .1�y /,�^ $ p ,•�"'.,.r,,.'Fi .'4 eW M• o �LJ'''y �y ^ 010 Ai [i1.( 1S .. � �4 � •�C. � �O Jam'�f_. C4 qy a E v w I j � p _ r -- �o /R-40 ZONE LOCA ,. SCALE r i \< , -\ AREA.MAP_ - - - 1{ .. —._� SCALE: 1".400' STOtAe Go PREP OF pqR pP� 14 TOO pF1N0� 4 � �J R.... .200•«.. .� �u ti-� �''�`' ••F_20��•, O n Al o)t 5F 'TO' n z R- J n' i �' • PROPOSED µ � EXTENSION ' • T9 CUC.-DE <• KENDELL FARMS ,I ...............�...r••••«...so c. CONSERVATION / AREA I �— ---— _ ORCHARD DR. = I PLAN VIEW ENLARGEMENT / Li � SCALE I 100' f.. > � a I O { C) O I STANDARD NOTES DUTCHESS COUNTY HEALTH DEPARTMENT 1kF,DF SIGN,CONSTRUCT ION AND INSTALLATION SHALL UE IN ACCORDANCE WY((i "----" AND GENERALLY ACCEPTED STANDARDS IN EFFECT AT HE TIME OF CQNS14!C INCLUDE ARDMORE DRViE , 'DESIGN STANDARDS FOR WASTEWATER TREATMENT WORKS.1998 M "PLANNING l'HE SUBDIVISION AS PART OF THE TOTAL ENVIRONMENT STATE DEPARTMENT OF HEALTH;' 'RURAL WATER SUPPLY,NEW YORK STATE DEPARTMENT OF HEALTH'1 'NEW YORK 5lA1E DEPARTMENT OF ENVIRgNMENTAL CONSERVATION" COUNTY DEPARTMENT OF HEALTH POLICIES,PROCEDURES AND STA '"nuTCHESS COUNTY DEPARTMENT OF HEALTH SANITARY'CAPE.ARTA; DUTCHESS COUNTY DEPARTMENT OF HEALTH CERTIFICATE OF APPRG.'. "RECOMMENDED STANDARDS FOR WATER WORKS,1992..GLUMRB- "RECOMMENDED STANDARDS FOR WASTEWATER FACILITIES,1990,GL11 THIS PLAN tlS APPROVED AS MEETING THE APPROPRIATE'AND APPLIED TECHNI:: GUIDELINES,POLICIES AND PROCEDURES FOR ARRANGEMENTS OF SEWAGE DISI- TREATMENT AND WATER SUPPLY FACILITIES;AND AS A CONDITION OF THE.APP., CONSTRUCTION INSPECTION SHY A REPRESENTATIVE OF THE D.CN.D,.OR PROFEE; SHAd.L.f9E'.CONDtl.)OTE.[y TO DETERMINE THAT CONS7RUCTIUN AT HE TIME OF IN COMPLETED IN GENERAL CONFORMANCE WITH THE APPROVED PLANS AND AN) I i EdiFOF. ORCHARD DRIVE SUBDMSION RE50LUTION OF FINAL PLAT APPROVAL parklands be suitably located for playground and other recreational purposes within the Town of Wappinger since less than six building lots would be created, and that neither the dedication of land nor a fee in lieu of land will be required. I The Planning Board hereby grants Final Subdivision Plat Approval subject to the following conditions and modifications which shall be fulfilled prior to the signing of the final plat by the Chairman of the Planning Board: .fa. The Owner shall endorse a copy of this resolution and submit it to the Planning Board for its files. b. The Applicant shall prepare a Final Subdivision Plat in accordance with Section A-5 of the Town of Wappinger Land Subdivision Regulations. C. The Applicant shall submit the revised final plat to the Dutchess County Department of Health for its review, approval, and signature for the sanitary sewage disposal system and the water supply system. ,%. The Applicant shall submit the revised plat to the Town of Wappinger Highway Superintendent for review and approval of the proposed road extension on Orchard Drive. Written approval from the Highway Superintendent must be submitted to the Town Zoning Administrator. ✓e. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject parcel have been paid. £ The Applicant shall prepare construction drawings addressing the comments contained in the 9/l/98 letter of the Town Engineer to the satisfaction of the Town Engineer. g. The final plat shall label Parcels "A" and "B" as "Not A Separate Building Lot" and shall identify the parcel of land to which Parcel "B" will be conveyed and become part and parcel. The plat shall dissolve the property lines between the two parcels to be combined with Parcels "A" and "B" and show graphically the joining of the combined parcels with the fishhook symbol. The appropriate notations and offers of dedication shall be made to the satisfaction of the Planning Board and the Town Attorney. h.1 The Applicant shall obtain Town Board approval for relocation of the encroaching driveway and for construction of the proposed road extension and related improvements on Town'owned lands. 3 s VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914) 298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENr ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 TODD N.ROBINSON** (914)452-1046 *ADMPTM TO PRACTICE ADDRESS REPLY TO:( }POUGHKEMM IN NY&FLA. ( }WAPPTNGERS **AD]y=D TO PRACTICE IN NY&CONN. December 21, 1998 Town Board Town of VlWappinger 20 Middiebush Road P.O. Box 324 Wappingers Falls,NY 12590 Attn: Hon. Constance O. Smith, Supervisor Re: Orchard Drive Subdivision—Request of Carol Rose Devine Farms End Road FKA Orchard Drive Extension Our File No. 12949.0179 Dear Connie and Board Members: This letter is in supplement to my letter of September 4, 1998. I submit herewith the Report and Recommendation and contingent Order of Graham Foster, Highway Superintendent, regarding the laying out Farms End Road as a Town highway. I also enclose a copy of a letter from Robert J. Marvin, Jr., attorney to Mrs. Carol Rose Devine, together with a copy of her Affidavit asserting her rights to the continued use of the second driveway on her property. In view of the circumstances, it would appear sufficient to have the Town Board consent to the Order of the Town's Highway Superintendent laying out Farms End Road (formerly Orchard Drive Extension) as well as acknowledging and consenting to the continued right of Mrs. Devine to use the second driveway giving access to her property which driveway is located on lands now owned by the Town of Wappinger. The developers of tha Orchard Drive Subdivision have agreed to install a gravel driveway for Mrs. Devine from the newly, constructed cul-de-sac to her home; in addition, the developers would provide a twenty-five (25) foot blacktop apron on the driveway as per the Town's highway specifications. Town Board December 21, 1998 Page 2 While I would much prefer having a lawsuit commenced and a settlement agreement being "So Ordered" by a Supreme Court Judge,in the absence of such an action,this is the best we could hope for under the circumstances. If there are any further questions,please do not hesitate to contact me. Very truly yours, VERGILIS, STENGER,ROBERTS &PERGAMENT ALBERT P. ROBERTS APR/lth Enclosure cc: Hon. Elaine H. Snowden, Town Clerk Hon. Robert Valdati, Councilman(sent to home address) Hon. Joseph Ruggiero, Councifman(sent to home address) Hon. Vincent Bettina, Councilman(sent to home address) Hon. Joseph P. Paoloni, Councilman(sent to home address) Joseph E. Paggi,Jr., P.E. Graham Foster, Highway Superintendent Robert J. Marvin, Jr.,Esq. r DEO-28-1998 15: 15 P.02/02 RAYMOND E. HEINSMAN,P.L.S., EP LAND SURVEYING AND PLANNING, P.L.L.C. 859 Route 9,Suite 167 - Wappingers Falls,NY 12590 (911)297.9435 - (91.4)564-7666 - Fax: (924)297-6212 December 23, 1998 DESCRIPTION PORTION OF HORTON LANE THROUGH THE TOWN OF WAPPINGER CONSERVATION DISTRICT TOWN OF WAPPINGER All that lot,parcel or piece of rant,' situate in the Town of Wappinger, County of Dutchess, State of New York and being that portion of Horton'Lane through existing lands of the Town of Wappinger for the Conservation District a portion that is shown on file map no. 7209 in the Dutchess County Clerk's Office,Poughkeepsie,New York and being more particularly described as follows: Beginning at a point on the westerly line of lands now or formerly Maddalen being Lot 95 as shown on file amp no. 2778, said point of beginning being the existing northeasterly corner of Orchard Drive, said point of beginning also being the southeasterly corner of the herein described parcel;thence,front said point of beginning and along the.northerly line of existing Orchard Drive,North 63-53'-06" West 50,00 feet;thence,along the easterly line of lands now or formerly Wolfe and lands now or formerly Lots Aplenty,North 26- 061-54" 'East 138.31 feet to a point of curvature;thence, on a curve to the right having a radius of 80.00 feet an aro distance of 11.49 feet as described by the chord North 30-13'- 50" East 11.48 feet to a point of reverse curvature;thence,through lands of the Town of Wappinger Conservation District on a curve to the left having a radius of 61.88 feet an arc distance of 25.21 feet as described by the chord North 22-40'-29" East 25.04 feet;thence, along the existing southerly line of lands now or formerly Contrail Associates of Wappinger South 78-08'-30" East 93.59 feet;thence,through lands of the Town of Wappinger for the Conservation District on a curve to the right having a radius of 52.50 feet an arc distance of 43.39 feet as described by the chord South 62-29'-29" West 42.16 feet to a point of reverse curvature,thence,along the westerly line of lands now or formerly Devine on a curve to the left having a radius of 30.00 feet an are distance of 31.44 feet as described by the chord South 56-08'-28" West 30,02 feet to a point of tangency;thence, continuing along the westerly line of lands of said Devine and :ands of said MWdalen on the tangent South 26-06-54" West 138.06 feet to the point of begining. Containing: 10,017+/=square feet or 0.230 +/- acres. Subject to any other right-of-say, casement, covenant or restriction of record. Project No: 97-031 Professional Land Surveyor - Professional Planner - Licensed in NY, Nr &PA TOTAL P.02 LAW OFFICES OF ROBERT J. MARVIN, JR. 3 WEST MAIN STREET P. O. Box 420 .w^' TP . ` } ' r. i AWIANG, NEW YORH 12564 ROBERT J. MARVIN, JR. { PHONE (914) 855-1555 JOAN R.MARVIX, OF couNSEL FAX (014) 855-On26 ADMITTED IN NY ANII Cil' November 61 1998 APAILt / Albert P. Roberts, Esq. Vergilis, Stenger, Roberts & Pergament 1611 Route 9 Wappingers Falls, New York 12590 Re: Carol Rose Devine Dear Mr. Roberts: since we have missed each other on the telephone for the better part a week, I thought I would write to you concerning this matter. I represent Carol Rose Devine in connection with her use of certain real property as a means of ingress and egress to her home on Ardmore Drive in the Town of Wappinger. I have attached an of f idavit which Ms. Devine is prepared to execute setting forth the length of time and the method pursuant to which she has used the subject real estate. Attached to her affidavit is a survey map in which the routes of ingress and egress are highlighted in yellow majic marker. It appears from the survey map, record ownership of the disputed real estate is owned in part by 'the Town of Wappingers Conservation District and in part by Contrail Assoc. Based on Ms. Devine's continuous open and a notorious use of the subject real property, she probably has acquired fee ownership through adverse possession or, at least prescriptive rights. Rather than Ms . Devine asserting such rights in Supreme Court, she is willing to accept -a recorded, permanent easement describing the metes and bounds of her route of ingress and egress as it currently exists . Alternatively, she is willing tp accept a recorded, permanent easement describing the metes and bounds of a rerouted method of ingress- and egress provided the cost of relocating the gravel roadway is paid for by the Town of Wappinger Conservation District and/or Contrail Assoc. r Please call me to discuss this matter at your earliest opportunity. Very t,ruly yours, ROBERT J. MARVIN, JR. RJM:cpl Enclosure Sent by mail and fax to: (914) 298-2842 STATE OF NEW YORK ) COUNTY OF DUTCHESS } CAROL ROSE DEVINE, being duly sworn, deposes and says: 1. That I own certain real property located on Ardmore Drive (a/k/a Orchard Drive) in the Town of Wappinger, County of Dutchess and State of New York (hereinafter the "Premises") . The Premises is also known as Lot 96 on Map No. 2778 filed in the records of the Dutchess County Clerk. 2 . I have owned the premises since approximately 1966 and have resided there since that time. I continue to reside there. Attached hereto as Exhibit A is a survey of the Premises dated July 8, 1998 . 3 . Since shortly after I became the owner of the Premises, I have used two (2) routes of access to the Premises. I have used an asphalt drive which runs from the house on the Premises to Ardmore Drive (a/k/a .Orchard Drive) . For over thirty (30) years, I have also used a second route of access to my house. The second route of access is by means of a gravel drive along the north boundary of the Premises. 4 . The two routes of ingress and egress to the Premises have been outlined in yellow majic marker in the attached survey. i 5. The purpose of this affidavit is to demonstrate that I have openly and notoriously used both routes of ingress and egress to the Premises and have acquired title by adverse .possession and/or prescriptive rights to both of my routes of ingress and egress. CAROL ROSE DEVINE Sworn to before me this day of November, 1998. Notary Public