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Hilltop Business Park
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A, VERGILIS* 1136 ROUTE 9 OF COUNSEL: KENNETH M. STENGER WAPPINGERS FALLS, NEW YORK 12590 KAREN MacNISH ALBERT P, ROBERTS LEGAL ASSISTANTS: THOMAS R, DAVIS (845) 298-2000 STEPHEN E. DIAMOND**** AMY E. DECARLO JOAN F. GARRETT** FAX (845) 298-2842 SANDRA A. OAi�LEY SARAH SALISBURY www.Vsrp.com. KEVIN T. McDERMOTT CLOSING COORDINATOR; ANGEL L FALCON e-mail: info@vsrp.com MARIA L. JONES ANTHONY M. DEFAZIO*** JAMES P, HORAN*** POUGHKEEPSIE OFFICE LISA M. COBB 276 MAIN STREET M. ELLEN O'SULLIVAN POUGHKEEPSTE, NY 12601 (845)452-1046 *ADMITTEDTOPRACTICE IN NY & FLA. NEWBURGH OFFICE **ADMITTED TO PRACTICE, 372 FULLERTON AVENUE IN NY &CONN. NEWBURGH, NY 12550 *** ADMITTED TO PRACTICES (845) 567-3783 IN NY & NJ ****ADMITTED TO PRACTICE IN NY, FL & MA May 28,2010 Hon. John C. Masterson, Town Clerk Town of Wappinger20 Middlebush Road JUNWappingers D Falls, New York 12590 TO WtyOF OF Re: Andlyn Associates, Inc. to Town of Wappinger rHilltop Business Park — Road Dedication Dear Chris: Enclosed herewith please find original Bargain and Sale Deed dated August 15, 2001, executed by Nicholas J. DeLuccia as President for Andlyn Associates, Inc., to the Town of Wappinger, filed in the Dutchess County Clerk's Office on March 30, 2010 as document number 02 2010 1508. Please file this original recorded Deed with its respective file for safe keeping. Should you have any questions, please call me. Very truly yours, IND ILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP RA A. OAKLEY Paralegal Enclosure cc: Barbara Roberti, Planning Board Secretary (w/o enc.) Hon. Christopher J. Colsey, Supervisor (w/o enc.) Dutchess County Clerk Recording Page Record & Return To� 1136 ROUTE 9 WAPPINGERS FALLS, NY 12590- RecaivmdFrom: FELDMAN JACOBSON ABSTRACT Grantor ANDLYMASSOCIATES INC Grantee VVAPP|NGERTOVVN Recorded In � Deed Instrument Type � Examined and Charged As Follows : �� AFI?� w ?010 Date Recorded � 03/30/2010 Time Recorded i 2-.04:00 Document#: 02 2010 1508 Tax District -. Wappinger Reoord�ngChaq0e -. $315.00 Number ofPages :4 Transfer Tax Amount: $0.00 Transfer Tax Number: #4034 =� DnNot Detach This Page This Is Not Bill Red Hook Transfer Tax � TP'584: Y 11 I'll 111111111111111111111 0220101508 County Clerk Byrpa/__ Receipt #:-. R16885 Batch Record C327 s BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS THIS INDENTURE, made the 15'-h day of August, two thousand one, V, BETWEEN ANDLYN ASSOCIATES, INC., 210 New Hackensack Road, Wappingers Falls, NY 12590 party of the first part, and TOWN OF WAPPINGER, a municipal corporation with its Town Hall V located at 20 Middlebush Road, Wappingers Falls, New York 12590 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars ($10.00), lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess, and State of New York, bounded' and described in Schedule A annexed hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the party of the first part in and' to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. FELDMAN-JACOBSON ABSTRACT TITLE NO, /a -------------- THE word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. The premises herein conveyed do not constitute all or substantially all of the assets of the party of the first part and are conveyed in the ordinary course of business of the party of the first part. IN WITNESS WHEREOF, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: {Adl ,rn_Associates, Inc. g y : Name: Nicholas J:'DeLuccia Title: President STATE OF NEW YORK ) ) s.s.. COUNTY OF DUTCHESS ) On the [0� day of August, 2001, before me, the undersigned, a notary public in and for said state, personally appeared Nicholas J. DeLuccia, 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. RECORD AND RETURN TO: Albert P. Roberts, Vergilis, Stenger, 1136 Route 9 _Wappingers Falls, " Notary P/blic GERARD J. COMA30S Notary Public, State & New York Qualitled In Duty County Commission Explres June 15, 20 Esq. Roberts & Pergament New York 12590 E 'Mary R. lemawo r New York states xacensed baa ammeyor Ucense No. 049451 273 East Main Street Beacon, New York 12508-3515 Phone 845 831-8556 August 2, 2001 ROADWAY - HILLTOP BUSINESS PARK All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, being a 60 feet wide roadway as shown on a map entitled "Hilltop Business Park." or; iwna?ly dated October 19,1999.andAast-revis 2, 2001 and prepared by Lawrence J. Paggi, PE and Gary R. LaTour, LS, said roadway being more particularly bounded and described as follows: Beginning at a point in the southwesterly line of Saint Nicholas Road, said point being distant North 47-38-00 West 107.09 feet from the most northerly corner of Lot 2 as shown on a map entitled "Subdivision of the Lands of Dave Alexander" and filed in the Dutchess County Clerk's Office on July 22, 1983 as Map #6662, and running from thence through the 9.136 acre parcel of land shown on a snap entitled "Lot Line Realignment for the Lands of Andlyn Associates, Inc. & Bre Del Enterprises, Inc." and filed in the Dutchess County Clerk's Office on July 29, 1998 as Map #10,641 the following eleven courses and distances: westerly along a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, South 42-22-00 West 261.94 feet, southwesterly along a curve to the right having a radius of 230.00 feet for a distance of 97.55 feet, South 66-40-00 West 204.84 feet, southwesterly along a curve to the left having a radius of 25.00 feet for a distance of 19.54 feet, southwesterly, westerly, northerly and easterly along a curve to the right having a radius of 52.50 feet for a distance of 247.02 feet, easterly along a curve to the left having a radius of 25.00 feet for a distance of 19.54 feet, North 66-40-00 East 204.84 feet, northeasterly along a curve to the left having a radius of 170.00 feet for a distance of 72.10 feet, North 42-22-00 East 261.54 feet and northerly along a curve to the left having a radius of 25.00 feet for a distance of 39:67 feet to a point in the southwesterly line of Saint Nicholas Road; thence along the same, South 48-32-30 East 25.40 feet and South 47-38-00 East 85.00 feet to the point of beginning. Containing 1.007 acres of land. Being a portion of the premises conveyed by Andlyn Associates, Inc. to Andlyn Associates Inc. by deed dated January 22, 1999 and recorded in the Dutchess County Clerk's Office on January 26, 1999 in Liber 2022 of Deeds at page 323. VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M, STENGER ALBERT P. ROBERTS THOMAS R. DAVIS STEPHEN E. DIAMOND**** JOAN F. GARRETT** KEVIN T. McDERMOTT ANGEL I. FALCON ANTHONY M. DEFAZIO*** JAMES P. HORAN*** LISA M. COBB M. ELLEN O'SULLIVAN *ADMITTEDTOPRACTICE IN NY & PLA. **ADMITTED TO PRACTICE IN NY & CONN. *** ADMITTED TO PRACTICE INNY&NJ ""ADMIT'I'ED TO PRACTICE IN NY, FL & MA April 13, 2010 1136 ROUTE 9 OF COUNSEL: WAPPINGERS FALLS, NEW YORK 12590 KAREN MacNISH. LEGAL ASSISTANTS: (845) 298-2000 AMY E. DECARLO FAX (845) 298-2842 SANDRA A. OAKLEY SARAH SALISBURY W W W.vstP.com CLOSING COORDINATOR: vs com e-mail: info@vsrp.com MARIA JONES Hon. John C. Masterson, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Original Recorded Documents Dear Chris: POUGHKEEPSIE OFFICE 276 MAIN STREET POUGHKEEPSIE, NY 12601 (845) 452-1046 NEWBURGH OFFICE 372 FULLERTON AVENUE NEWBURGH, NY 12550 (845) 567-3783 REC APR 42010 j Enclosed herewith please find the following original recorded documents and/or Owner's Title Policies as follows: 1. Original Deed dated January 7, 2000, executed by Nasouhi N. Kablawi by his attorney in fact, Mahmoud Kablaoui, to the Town of Wappinger, filed in the Dutchess County Clerk's Office on March 11, 2010 as document number 02 2010 1 178 — Kablaoui Subdivision (Morgan Court); 2, Original Grant of Snow Easement dated April 12, 2002, executed by Nasouhi N. Kablawi by his attorney in fact, Mahmoud Kablaoui, filed in the Dutchess County Clerk's Office on March 11, 2010 as document number 02 2010 1183 — Kablaoui Subdivision (Morgan Court); 3. Original Drainage Easement dated January 7, 2000, executed by Nasouhi N. Kablawi by his attorney in fact, Mahmoud Kablaoui, filed in the Dutchess County Clerk's Office on March 11, 2010 as document number 02 2010 1179 — Kablaoui Subdivision (Morgan Court); 4. Original Owner's Title Policy issued by Chicago Title Insurance Company bearing Policy Number 7230632-15029 — Hilltop Business Park (Bill Horton Way); and 5. Original Owner's Title Policy issued by First American Title Insurance Company of New York bearing Policy Number Y-360743 — Woods Edge Subdivision (Paulette Lane). Please file these original recorded documents and/or Owner's Title Policies with their respective files for safe keeping. Should you have any questions, please call me. Very truly yours, V GILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP eL SANDRA A. OAKLEY Paralegal Enclosures cc: Barbara Roberti, Planning Board Secretary (w/o enc.) Hon. Christopher J. Colsey, Supervisor (w/o enc.) FELDMAN-JACOBSON ABSTRACT CORP. 94 Market Street Poughkeepsie, NY 12601 Tel (845) 454-1171 Fax (845) 454-3720 March 31, 2010 Vergilis, Stenger, Roberts & Davis Albert Roberts, Esq. 1136 Route 9 Wappinger Falls, NY 12590 Re: Title Number 1010040018 Premises Bill Horton Way, Wappinger County Dutchess Parties Andlyn Associates, Inc. to Town! of Wappinger Dear Sir/Madam: In reference to the above, enclosed please find Original Final Policy of Fee Title Insurance, Upon your review would you please forward this policy to your client(s). It has been a pleasure to have been of service to you. Very truly ours, Herbert J Ism Enclosu APR 14 2010 TOWN OF WAPPINGER TOWN CLERK 0" Chicago Title Insurance Company A AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) WITti NEW YORK COVERAGE ENDORSEMENT APPENDED Issued by Chicago Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company tinder this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation (the "Com- pany"') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2, Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3, th-u-narketableTitle. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection FORM 7230632 ALTA Owner's Policy (6-17-06) w/NcA York coverage Eiidorscimril Appended Chicago Title Insurance Company Schedule A Underwriter No, RF 26039 Alta Owner Policy Title Number: 1010040018 Policy Number 723063215029 Policy Date 03/30/2010 Policy Amount $ 50,000.00 1. Name of Insured Town of Wappinger 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Deed made by Andlyn Associates, Inc., dated 08/15!2001 to Town of Wappinger and duly recorded in the Office of the Clerk of the County of Dutchess on 03/3012010 in Doc No 02-2010-1508. 4. The land referred to in this policy is described as follows: PREMISES KNOWN AS: Address Bill Horton Way, Wappinger Countersigned Feldman -Jacobson Abstract Corp. 94 Market Street Poughkeepsie, NY 12601 Schedule A Description Underwriter No, RF 260-39 Title Number 1010040018 Policy Number 7230632-15029 Page 1 ALL that certain plot, piece or parcel of land situate lying and being in the Town of Wappinger, County of Dutchess and State of New York, being a 60 foot wide roadway as shown on a map entitled "Hilltop Business Park" originally dated October 19, 1999 and last revised July 2, 2001 and prepared by Lawrence J. Paggi, PE and Gary R. LaTour, LS filed on October 15, 2001 in the Dutchess County Clerk's Office as Filed Map No. 11264, said roadway being more particularly bounded and described as follows: BEGINNING at a point in the southwesterly line of Saint Nicholas Road, said point being distant North 47 deg. 38'00" West 107.09 feet from the most northerly corner of Lot 2 as shown on a map entitled "Subdivision of the Lands of Dave Alexander" and filed in the Dutchess County Clerk's Office on July 22, 1983 as Map No. 6662, and running from thence through the 9.136 acre parcel of land shown on a map entitled "Lot Line Realignment for the Lands of Andlyn Associates, Inc. & Bre-Del Enterprises, Inc." and filed in the Dutchess County Clerk's Office on July 29, 1998 as Map No. 10641 the following eleven courses and distances: westerly along a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, South 42 deg. 22'00" West 261.94 feet, southwesterly along a curve to the right having a radius of 230.00 feet for distance of 97.55 feet, South 66 deg. 40'00" West 204.84 feet, southwesterly along a curve to the left having a radius of 25.00 feet for a distance of 19.54 feet, southwesterly, westerly, northerly and easterly along a curve to the right having a radius of 52.50 feet for a distance of 247.02 feet, easterly along a curve to the left having a radius of 25.00 feet for a distance of 19.54 feet, North 66 deg. 40' 00" East 204.84 feet, northeasterly along a curve to the left having a radius of 170.00 feet for a distance of 72,10 feet, North 72.10 feet, North 42 deg. 22' 00" East 261.54 feet and northerly along a curve to the left having a radius of 25.00 feet for a distance of 39.67 feet to a point in the southwesterly line of Saint Nicholas Road; thence along the same, South 48 deg. 32'30" East 25.40 feet and South 47 deg. 38'00" East 85.00 feet to the point of BEGINNING. Owner's Policy Underwriter No. RF 260-39 Schedule B Title Number. 1010040018 Policy Number:7230632-15029 The following are expressly excluded from coverage of Policy, and the Company will not pay loss or damage costs, attorneys' fees, or expenses which arise by reason of: 1. Notes on filed Map No. 11264, 2. Subject to the Utility Easement(s) in Liber 450 cp 472, Liber 493 cp 398, Liber 446 cp 307, Liber 474 cp 209, Liber 662 cp 264, Liber 871 cp 26 and Liber 1236 cp 669. 3. Policy excepts the right of the public to pass and repass over and through the insured roadway. Owner's Policy Underwriter No.RF 260-39 Title Number: 1010040018 Schedule B -II Policy Number: 7230632-15029 In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that these matters are subordinate to the lien or charge of the insured mortgage upon the estate or interest. NONE Underwriter No, RF 260-39 Title Number 1010040018 Survey Reading Policy Number: 7230632-15029 Page Survey made by Gary R. LaTour, LS dated December 11, 2009 shows: a 60 foot wide roadway. Shows catch basins running though rear portion of roadway and at various other areas of roadway. Shows no further variations or encroachments. STANDARD NEW YORK ENDORSEMENT (OWNER POLICY) Attached to and made a part of Policy Number: 7230632-15029 The following is added as a Covered Risk: "11, Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 1. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Date: 03/30/2010 Feldman -Jacobson Abstract Corp. 94 Market Street Poughkeepsie, VY 12601 Phone (845) 4A4-1171 Fax (845) 454-3720 Authorized Signature STANDARD NEW YORK ENDORSEMENT (11/1108) FOR USE, WITH ALTA OWNER'S POLICY (6117106) CHICAGO TITLE INSI)RANC£ COMPANY By: b. PrWdeat S By; {/ Secretary EXCLUSIONS FROM COVERAGE The: following matters are expressly excluded uded froin the coverage of this policy, and the Company will not pay loss or daniage, costs, attorneys' fees, or expenses that arise by rcaS011 of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement crected on the Land; (iii) the Subdivision of land,; or (iv) environmental protection; or the effect of' any violation of these laws, ordinances, or governmental regulations, This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Cov.ered Risk 6. 1 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or S. 3, Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, 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 tile Insured Claimant 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 Clairnant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been -sustained if the Insured Claimant had paid value for the Tide, 4. Any claim, by reason ofthe operation of federal bankruptcy, slate insolvency, or similar creditors" rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of [his policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument Of transfer in the Public Records that vests Title as shown ill Schedule A. CONDITIONS 1. DEFINITION OF "PERMS The following terms when used in this policy mean: (a) "Amount of Insurance"': The aniount stated in Schedule A, as may be in- creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections l0 and I I of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" ill Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other shirrilar legal entity. (d) "frisured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisces, survivors, personal representatives, or next of kin: (B) Successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of all Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the struck, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if tile grantee is a trustee Or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (H) With regard to (A), (B), (C), and (D) reser% ing, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to all Insured by reason of (lie Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed iniprovernenI,'.., that bylaw constitute real property The term "Land" does not include any Prop- erty beyond the lines of Ilic area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and frotti the Land is inqired by this policy. (Ill) "Mortgage'": Mortgage, deed of trust, trust deed, or other security inslru- InClIt, including one evidence(] by electronic means authorized by law, (i) "Public Records": Records established understate statutes at Date of Policy fill- tile purpose of imparting c01lSt1-LlCIi%'0 notice of matters relating to real property to purchasers for value and without Knowledge, Will) respect to FORM 7230632 Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to he released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall Continue ill force as of Date Of Policy infavor of I y an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchasel, from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) all estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the hisured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT' The Insured shall notify the Company promptly in writing (i) in case ofany litigation as set forth in Section .S(a) of these Conditions, (ii) in case Knowledge shall come to all Insured hereunder ofany claim of title or interest that is adverse to the Title, as insured, and that might cause loss or dunnage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy s-liall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as condition of payment that the insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that COuStitUtCS [Ile basis Of loss or damage and shall state, to the extent possible, die basis of calculating the arnOHnt of the loss or damage. 5. DEFENSE AND PROSECUTION OIC AC" TIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its Own cost and without unreasonable delay, shall provide for the defense Of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging inaners insured against by this policy. The Company shall have the right to select counsel Of its choice (subjectto tile right of tile Insured to object for reasonable cause) to represent the Insured as to chose stated causes of action. It shall not be liable for and will not pay the fees of any Other counsel. 'File Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters ALIA Owner's Policy (6- 0.7 0(i) w/New York coverage Endorsement Appended 0 VERGILIS, STENGER, R4BERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M.STENGER ALBERT P. ROBERTS IRA A. PERGAMENr ANTONIA T. LUCIA JOAN F. GARRET T** THOMAS R. DAVIS PHILIP GIAMPORTONE -ADbIITTED TO PRACTICE IN NY & FLA. "ADNfl= TO PRACTICE IN NY k CONN. September 18, 2001 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 e-mail: VSRP®BestWeb.uet G, Attention: Attention: Hon. Constance 0. Smith, Supervisor Re: Andiyn Associates to Town of Wappinger Project: Hilltop Business Park VSRP File No. 12949.0183 Dear Connie and Board Members: s� LEGAL ASSISTANTS: AMY E_ DECARLO KRISTEN S. GUTHRIE POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 ADDRESS REPLY TO: () POUGiI UMPSIH () WAPPINGERS Please be advised that I am in receipt of the following original documents in connection with the above subdivision: 1. Irrevocable Offer of Dedication and TP -584 for the road.; 2. Drainage Easement through Lot 1 and Lot 7 and accomplishing TP -584; 3. Garber Sight Easement and TP -584; 4. Andlyn Sight Easement and TP -584; <�' 5. Bargain and Sale Deed conveying road to Town, TP -584 and RP -5217; 6. Snow Easement and TP -584; and` 7. Copy of title commitment. The original documents are being submitted herewith to Town Clerk Gloria Morse except for the original Irrevocable Offer of Dedication and the Drainage Easement through Lot 7. The original Irrevocable Offer of Dedication is being forwarded to Tatiana Lukianoff for delivery to the developer for recording simultaneously with the Subdivision Plat. Page 2 The Drainage Easement through Lot 7 is being returned to Mr. Comatos for notarization. Upon acceptance of the easements, the Town Clerk is to deliver the easements to Tatiana Lukianoff for delivery to the developer for recording simultaneously with the Subdivision Plat. The original Deed for the road bed is to be retained by Gloria Morse until such time as the Town Board accepts the road, which will be after the build -out of the subdivision. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/bg CC.' 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) Hon. Graham Foster, Highway Superintendent Gerard J. Comatos, Esq. Joseph E. Paggi, Jr., P.E. cc with #3-7 above: Hon. Gloria Morse, Town Clerk cc with #1 original: Tatiana Lukianoff, Zoning Administrator BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS THIS INDENTURE, made the day of August, two thousand one, BETWEEN ANDLYN ASSOCIATES, INC., 210 New Hackensack Road, Wappingers Falls, NY 12590 party of the first part, and TOWN OF WAPPINGER, a municipal corporation with its Town Hall located at 20 Middlebush Road, Wappingers Falls, New York 12590 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars ($10.00), lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess, and State of New York, bounded and described in Schedule A annexed hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to -said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of 'the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. THE word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. The premises herein conveyed do not constitute all or substantially all of the assets of the party of the first part and are conveyed in the ordinary course of business of the party of the first part. IN WITNESS WHEREOF, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: Andl n Associates, Inc. By. ✓lis Name: Nicholas J De Luccia Title: President STATE OF NEW YORK ) s.s.. COUNTY OF DUTCHESS ) On the day of August, 2001, before me, the undersigned, a notary public in and for said state, personally appeared Nicholas J. DeLuccia, 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. RECORD AND RETURN TO: Albert P. Roberts, Vergilis, Stenger, 1136 Route 9 Wappingers Falls, Esq. Roberts & Pergament New York 12590 2 Notary Pifblic GERARD J. COMAIOS Notary PublIC. State of New York Qualified in Dutah"s County ComMission Expires ;June 15, 20 Qty R. Lae" our Now York state Zdaeured Imna mayor License No. 049457 273 East Main Street Beacon, NewYork 12508-3515 Phone 845 831-8556 August 2, 2001 ROADWAY - HILLTOP BUSINESS PARK All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, being a 60 feet wide roadway as shown on a map entitled "Hilltop Business Park" originally dated October 19, 1999 and last revised July 2, 2001 and prepared by Lawrence J. Paggi, PE and Gary R. LaTour, LS, said roadway being more particularly bounded and described as follows: Beginning at a point in the southwesterly line of Saint Nicholas Road, said point being distant North 47-3 8-00 West 107.09 feet from the most northerly corner of Lot 2 as shown on a map entitled "Subdivision of the Lands of Dave Alexander" and filed in the Dutchess County Clerk's Office on July 22, 1983 as Map #6662, and running from thence through the 9.136 acre parcel of land shown on a map entitled "Lot Line Realignment for the Lands ofAndlyn Associates, Inc. & Bre Del Enterprises, Inc. "and filed in the Dutchess County Clerk's Office on July 29, 1998 as Map #1.0,641 the following eleven courses and distances: westerly along a curve to the left having a radius of 25.00 feet for a distance of39.27 feet, South 42-22-00 West 261.94 feet, southwesterly along a curve to the right having a radius of 230.00 feet for a distance of 97.55 feet, South 66-40-00 West 204.84 feet, southwesterly along a curve to the left having a radius of 25.00 feet for a distance of 19.54 feet, southwesterly, westerly, northerly and easterly along a curve to the right having a radius of 52.50 feet for a distance of 247.02 feet, easterly along a curve to the left having a radius of 25.00 feet for a distance of 19.54 feet, North 66-40-00 East 204.84 feet, northeasterly along a curve to the left having a radius of 170.00 feet for a distance of 72.10 feet, North 42-22-00 East 261.54 feet and northerly along a curve to the left having a radius of 25.00 feet for a distance of 39.67 feet to a point in the southwesterly he of Saint Nicholas Road; thence along the same, South 48-32-30 East 25.40 feet and South 47-3 8-00 East 85.00 feet to the point of beginning. Containing 1.007 acres of land. Being a portion of the premises conveyed by Andiyn Associates, Inc. to Andlyn Associates Inc. by deed dated January 22, 1999 and recorded in the Dutchess County Clerk's Office on January 26, 1999 in Liber 2022 of Deeds at page 323. 1— TP -50A.(10/96) Recording Office Time Stamp New York Slate Department of Taxation and Finance Combined Rea! Estate Transfer Tax Return and Credit Line Mortgage Certificate See instructions (TP -584-1) b@Jf_or9C0Mpl&lir7g this form. Please print or type. Schedule A — Information Relating to Conveyance social Security Number Grantor Name (if lndividuaY last, first, middle initial) ❑ Individual Andlyn Associates, Inc. Social Security Number Mailing address UCorporatlon 210 New Hackensack Road ❑ Partnership City state ZIP ;ode Federal employer ident, number (o Q O93 ❑ Other Wappingers Falls, NY 12590 S Grantee Name (it individual; last, first, middle lnHial) social Security Number C] Individual. Town of Wappinger Soctat Security Number ® Corporation Mailing address 20 Middlebush Road ❑ Partnership City State ZIP code Federal employer ident, number ❑ Other Wappingers Falls, NY 12590 Location and description of property conveyed Tax ma desi nation Address CityNillage Town County Section Block Lot Saint Nicholas Road lappinger Dutchess 6259 03 150060 Type of property conveyed (check applicable box) 1 ❑ 1 - 3 family house 5 ❑ Commercial/Industrial 2 ❑ Residential cooperative 6 ❑ Apartment building Date of conveyance Percentage of reat property 3 ❑ Residential condominium 7 ❑ Office builgin conveyed which is residential <6 , `5 Io 4 Vacant land a [n Other su d visionO1 real property /e ❑ Toa W� ay nwth day year {see instructions) Condition of conveyance (check all that apply) a. XF–onveyance of tee interest I. _ Conveyance which consists of a mere k. – Contract assignment b. _Acquisition of a controlling interest (state change of Identity or form of ownership or I. –Option assignment or surrender percentage acquired %) organization (attach Form TP -584.1, Schedule F) m. – Leasehold assignment of surrender c. –Transfer of a controlling interest (state g• –Conveyance for which credit for tax n. –Leasehold grant o. –Conveyance o1 an easement percentage transferred /) previously paid will be claimed (attach Form TP -584.1, Schedule GJ p- – Conveyance for which exemption from d. –Conveyance to cooperative housing transfer tax is claimed (complete Schedule B, corporation h. –Conveyance of cooperative apartment(s) Part In) e. -- Conveyance pursuant to or in lieu of i. – Syndication q. – Conveyance of property partly within and foreclosure or enforcement of security j. – Conveyance of air rights or development partly without the state interest (attach Form TP -584.1, Schedule E) rights r. – Other (describe) Schedule B — Real Estate Transfer Tax Return (Article 31 of the Tax Law) Part I - Computation of Tax Due 1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the exemption claimed box, enter consideration arid proceed to Part I)1) ................................. ®Exemption claimed 1 2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ....... . ..................... 2 3 Taxable consideration (subtract line 2 from line 1).................................................................. 3 4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3 ............................. . .. . .... 4 5 Amount of credit claimed (see instructions and attach Form TP -584.1, Schedule G) ....................... . .......... . . 5 6 Total tax due' (subtract fine 5 from fine 4).. .............................................................:..........1 6 Part II - 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) ............. ................................. 1 2 Taxable consideration (multiply fine 1 by the percentage of the premises which is residential real property; see instructions) . , .... 2 3 Total additional transfer tax due' (fi of line 2)................................................................... 3 *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 check(s) payable to the NYC Department of Finance. 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ANO) L ;uawssessy;o Jegmnu eq4 We0!pup:1, 3x00 dIZ alVls NM01 a0 ALq 3"N13 Ha ONV HHMN 133a1S 3WdN 1Salj ANWMW i3WVN 1SV"7 sselppy (w'o} 1. wopoq;e! ssa'ppe Jatnq uegl Ja410 it Bu!Illg lugs aq of on sll!g xei a'n1n; a'agm aleo!pul xel •E 3WVN1Sald ANVdW00 f 3WVN l5V1 3WVN 1SN13 kNVdW0.O/M MlSVI eweN za2uzddaM �0 uMo_L 'aAna z 3x00 d1Z 30Vllln NM01 a0 A 0 069ZT za uz EM L!/£na%LiZS-dII •on J cLZS - da. 9331AH39 A.MdOlId IV3H dO OIIV09 31VIS A10A MEIN d0 31yi9 AlOd3H H3dSNVUI A1a3d0ad IV39 pang ssTOgOTN 4uTPS uo!Leao1 ApedWd 1 axed -V3 71009 TO JeaA Aad yluolry pepJoaaa paad ajed •y0 ZZZL-ELV Mg) 3NOHd ao sn'Awams-sddo-AAAAAA //:duq :SNOILOf1HISNI 1MT]03 NO DNUIUAA N3HM AW91d 3 SS3ad 80 3dAl 3SVA-ld -90E0 - PON9Sey SW61N IIV VOpawV 4PoN a'ooyl'666M0036-L0d0-SL6b UP03 SIMS'LO A1N0 3SO A1N1100 IlOd MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC j 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax_ (845) 473-1962 ❑ 389 Fairview Avenue, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 E -Mail: morrisassociates@aol.com December 17, 2009 Christopher Cossey, Town of Wappinger Town Hall Town Supervisor 20 Mlddlebush Road Wappingers Falls, New York 12590 Re: Hilltop Business Park I Andlyn Associates Inc. Bill Horton Way Road acceptance Town of Wappinger, New York MA # W20900.0 Dear Supervisor Colsey and Town Board Members: This office and the Highway Superintendent have performed a final inspection of the road in this subdivision, and recommend that the road and its related infrastructure are ready for initial acceptance by the Town Board, with a one-year maintenance bond as follows: The original performance bond calculation was made by J. Paggi, and the initial bond amount was $281,212. This office recommends that the maintenance bond amount should be 20% of the initial project bond amount and should be $56,242 (note that all amounts are rounded to the nearest whole dollar). A print of the as -built is enclosed with this letter, and prints and PDFs of the as - built have been sent as noted below for the CC recipients. If you have any questions, please contact me at (845) 454-3411 extension 30. Very truly yours, MORRIS ASSOCIATES Engineering Consultants, PLLC n , �k 1 i' 1 r R bert J. a , Engineer to the Town Christopher Colsey Page 2 Town of Wappinger Supervisor December 17, 2009 Re: Hilltop Business Park Bill Horton Way Road acceptance Town of Wappinger, Now York MA # W20900.0 Encl" as -built print RJG/peh/sg cc Chris Masterson', Town Clerk (by e-mail copy with PDF) and by postal mail with paper print Tatiana Lukianoff, Zoning Administrator (by e-mail copy) and by postal mail with paper print Graham Foster, Highway Superintendent (by e-mail copy with PDF) and by postal mail with paper print Albert P. Roberts, Esq., Town Attorney (by e-mail copy) and by postal mail with paper print George Kolb, Building Inspector (by e-mail copy) Barbara Roberti, Planning Board Secretary (by e-mail copy) Developer- Nick DeLuccia (by postal mail) EAdocumentsff VV@Ppinger12009 road maintenance bonds - road acceptancelHjlltop Business Court SD Bill Horton Way 12-17- 09.doc W MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC I VM t 9 Elks Lane, Poughkeepsie, New York 12601 Tel: (845) 454-3411 Fax: (845) 4734962 ❑ 389 Fairview Avenue, Hudson, New York 12534 Tel: (518) 828-2300 Fax: (518) 828-3963 E -Mail: morrisassociaies®aol.com December 17, 2009 Christopher Colsey, Town Supervisor Town of Wappinger Town, Hall 20 Middlebush Road Wappingers Falls, New York 12590 Re: Hilltop Business Park I.Andlyn Associates Inc. Bill Horton Way, Road acceptance Town of Wappinger, New York MA # W20900.0 Dear Supervisor Colsey'and Town Board Members: This office and the Highway Superintendent have performed a final inspection of the road in this subdivision, and recommend that the road and its related infrastructure are ready for initial acceptance by the Town Board, With a one-year maintenance bond as follows.- The ollows: The original performance bond calculation was made by J. Paggi, and the initial bond amount was $281,212. This office recommends that the maintenance bond amount should be 20% of the initial. project bond amount and should be $56,242 (note that all amounts are rounded to the nearest whole dollar). A print of the as -built is enclosed with this letter, and prints and PDFs of the as - built have been sent as noted below for the CC recipients. If you have any questions, please contact me at (845) 454-3411 extension 30. _. _.._..-Very-truly-yours,.. __._..... _.__... 'MORRIS ASSOCIATES Engineering Consultants, PLLC R bert J. a , Engineer tot e Town Christopher Colsey Page 2 Town of Wappinger Supervisor December 17, 2009 Re: Hilltop Business Park Bill Horton Way Road acceptance Town of Wappinger, New York MA # W20900.0 Enc]: as -built print RJG/peh/sg cc Chris Masterson, Town Clerk (by e-mail copy with PDF) and by postal mail with paper print Tatiana Lukianoff, Zoning. Administrator (by e-mail copy) and by postal mail with paper print Graham Foster, Highway Superintendent (by e-mail copy with PDF) and by postal mail with paper print Albert P. Roberts, Esq., Town Attorney (by e-mail copy) and by postal mail with paper print George Kolb, Building Inspector (by e-mail copy) Barbara Roberti, Planning Board Secretary (by e-mail copy) Developer: Nick DeLuccia (by postal mail) E:Wocuments%T Wappinger18009 road maintenance bonds road acceptance1H111top Business Court SD Bill Horton Way 12-17- 09.doc Memo TO: Tatiana Lukianoff, Zoning Administrator - Town of Wappinger VIA FAX & MAIL. Frown Peter J. Paggi Cc: Wappinger Planning Board, attention: Barbara Roberti Hon. Gloria Morse, Town Cleric Hon. Graham Foster, Town of Wappinger Highway Superintendent Dan Wery, AICP Albert P. Roberts, Esq. Gary La Tour, L.S. D & D Doors, Inc., attention: Donald Wilson Dato 11/14102 Roc `As — Built" Plan D & D Doors Site (Lot # 4 -- Fled Hilltop Business Parr Bill Horton Way Comments; Please be advised that this office is in receipt of an `As — Built" Plan of the above referenced site, prepared by Gary R. La Tour, LS., dated last revised. October 24, 2002. On this date, our office conducted a field inspection of the site to determine compliance with the Approved Site Plan as prepared by Oswald & Gillespie, P.C. (dated last revised February 27, 2002) and the Planning Board Resolution of Approval (dated October 15, 2001). Our findings indicate the following discrepancies: 1) The proposed eight foot (8) high stockade fence along the rear (west) property line has not been installed. 2) The configuration of the gravel parking area in the area of the refuse enclosure has also been modified somewhat from the approved Site Plan. Please feel free to contact this office if you have any questions or comments regarding this matter. Thank you. S:IDRAWINGS/PRO.IECT140CUMIENTS/dwdklo=.aWx ik11.13.02 • Page t NOV TOWN CLERK TOWN OF WAPPINGER PLANNING BOARD DISTRIBUTION SUBDIVISION - SIGNED RESOLUTION & FILED MAP FILED MAP # 11264 PROJECT NAME: Hilltop Business Park DATE PREPARED: October 18, 2001 RESOLUTION WITH APPROVED PLANS: • TOWN FILE • TOWN ENGINEER X TOWN PLANNER X TOWN ASSESSOR • FIRE PREVENTION BUREAU • HIGHWAY SUPERINTENDENT RESOLUTION ONLY: X TOWN CLERK (ORIGINAL) —5� RESOLUTION FILE • TOWN ATTORNEY • BUILDING INSPECTOR • TOWN BOARD X TOWN SUPERVISOR CAC APPLICANT APPLICANT'S ENGINEER / ARCHITECT RECREATION DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN FREDERICK P. CLARK ASSOCIATES, INC. Plan n ing/Deve I op,ment/Envi ron ment/1"ranspo rtati on Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580i we Date Subject: Tatiana Lukianoff December 11, 2000 David J. Portman, FAicp Howard 1. Reynolds, PE David H. Stolma n, AICP, PP Michael A. Galante Joanne P Meder, AICP Daniel K. Wery, AICP As requested, attached for your completion and processing is the resolution of the Preliminary and Final Subdivision Plat Approval as amended and adopted by the Planning Board at its 11/20/00 meeting. The substantive revision consists of changes to the drainage plan in condition 4.1. David S. Kvinge, AICP Associate/Planning/Environmental Attachment j:\dacs2\500\wapp inger\wap9-3 3 7. lkb.doc Connecticuto (203) 255-3100 email@fpclark.com Long Island - (516) 364-4544 www.fpclark.com RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: HILLTOP BUSINESS PARK- RESOLUTION OF PRELIMINARY & FINAL SUBDIVISION PLAT APPROVAL At a regular meeting of the Planning Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 20' day of November 2000, at 7:30 P.M. The meeting was called to order by Chairman Philip J. DiNonno and upon roll being called, the following were: PRESENT: Chairman Boardmembers Philip J. DiNonno Guy Gagne George Grimshaw Hugo Musto William Parsons June Visconti - Robert Walker The following resolution was moved by �ytt and seconded WHEREAS, the Town of Wappinger Planning Board received an application from Andlyn Associates Corporation for Preliminary Subdivision Plat and generic Site Plan approval for a 7 -lot commercial subdivision with a new road and appurtenant drainage facilities (the "Project") on a 9.136 -acre property owned by Andlyn Associates, Corp. of Poughkeepsie, NY (the "Owner" and the "Applicant"); and WHEREAS, the 9.136 -acre property is located in the GB District on the south side of St. Nicholas Road approximately 250 feet east of the intersection of St. Nicholas Road and New Hackensack Road (the "Property"); and WHEREAS, the Applicant has submitted a Preliminary Subdivision Application, a Full Environmental Assessment Form, and the following three (3) sheets of plans prepared by Lawrence J. Paggi, PE, PC, Consulting Engineering, Fishkill, NY.: 1. Sheet 1 of 3, "Preliminary Subdivision Plat, Hilltop Business Park," dated 10119199, last revised 9113/00; HILLTOP BUSINESS PARK 7 -LOT SUBDIVISION RESOLUTION OF PRELIMINARY& FINAL PLAT APPROVAL 2. Sheet 2 of 3, "Hilltop Business Park - Details," dated 12/22/99, last revised 9/13/00; and 3. Sheet 3 of 3, "Hilltop Business Park - Details," dated 10/19/99, last revised 9/13/00; and WHEREAS, the Property was the subject of a former application known as Contractor's Warehouse; and WHEREAS, on February 7, 2000, the Planning Board granted conditional Subdivision Plat approval by resolution; and WHEREAS, as part of said resolution, the Planning Board modified the Town Highway Specifications for the subject subdivision and development to allow a reduction in the pavement width from 36' to 30' feet since the road will be a short dead end road with a limited amount of commercial traffic, and will not be burdened with a large volume of tractor trailers; and WHEREAS, it was later determined that, unlike other provisions of the Land Subdivision Regulations, the Town Highway Specifications cannot be waived or modified by the Planning Board; and WHEREAS, the Applicants have submitted a revised subdivision plat and construction drawings including a revised drainage study (last revised 9/20/00) to accommodate a new commercial roadway of 36 feet in width in accordance with the Town Highway Specifications; and WHEREAS, the Planning Board is familiar with the subject property and its surroundings, and has reviewed the project in accordance with the standards for approval contained in the Zoning Law and the Land Subdivision Regulations; and WHEREAS, the Planning Board determined that the Subdivision will result in the creation of six (6) new building lots; and WHEREAS, the Project also involves site plan approval for a generic development of each of the 7 proposed lots, each consisting of a 3,500 square foot building with individual parking areas, wells, and septic systems; and WHEREAS, it is proposed that amended site plan approval will be required for each of the subject parcels for approval of the actual building materials and appearance, signage, lighting, and any variations from the generic site plan layout; and 20f 6 HILLTOP BUSINESS PARK 7 -LOT SUBDIVISION RESOLUTION OF PRELIMINARY & FINAL PLAT APPROVAL WHEREAS, the Planning Board determined that the Project is an Unlisted action in accordance with the State Environmental Quality Review Law; and WHEREAS, in accordance with Section 239 of the New York State General Municipal Law, the Planning Board referred the application to the Dutchess County Department of Planning and Development for their review and comment; and WHEREAS, after finding that substantive changes to the Project's proposed grading and drainage plans necessitated a second public hearing, the Planning Board held a duly advertised hearing on the Final Subdivision Plat on November 20, 2000 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the public hearing was closed on that date; and NOW, THEREFORE, BE 1T RESOLVED AS FOLLOWS: 1. The Planning Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to State Environmental Quality Review regulations, the Planning Board hereby adopts a Negative Declaration on the grounds that the proposed action will not result in any significant environmental impacts any since only six (6) new commercial building lots will be created and the associated construction and land disturbance will be controlled and mitigated through proper drainage and erosion control. 3. The Planning Board hereby finds that a proper case does not exist for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger and therefore neither land nor a fee in lieu of land for recreational purposes will be required. 4. The Planning Board hereby grants both Amended Preliminary and Final Subdivision Plat Approval to the Applicant for 7 -lot commercial subdivision with a new road and appurtenant drainage facilities and private water and septic systems subject to the following conditions and modifications which shall be made prior to endorsement by the Chairman of the Planning Board: The Owner shall endorse a' copy of this resolution and submit it to the Planning Board for its files. 3 of 6 HILLTOP BUSINESS PARK 7 -LOT SUBDIVISION RESOLUTION OF PRELIMINARY& FINAL PLAT APPROVAL The Applicant shall prepare a final subdivision plat in accordance with Article III of the Town of Wappinger Land Subdivision Regulations. Iv4• The Applicant shall submit the revised plat to the Dutchess County Health Department for its review, approval, and signature for the sanitary sewage disposal system and the water supply system. Vd. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject property have been paid. e. The applicant shall revise the plans to reflect grading, clearing, and any other work required to create adequate sight distances for the proposed roadway, and to verify the road construction details, to the satisfaction of the Town Engineer and the Highway Superintendent. f. Drainage systems shall be designed to attenuate the peak rate of discharges for all storm events up to the 25 year storm and to provide the required water quality treatment of the first '/z inch of stormwater runoff prior to discharge from the site, to the satisfaction of the Town Engineer. g. A detailed Soil Erosion and Sedimentation Control plan shall be prepared to the satisfaction of the Town Engineer. h. The subdivision plans shall be revised to include a landscaping plan which - includes street trees along St_ Nicholas Road and the proposed new road in accordance with the Land Subdivision Regulations, and landscaping of the I/fproposed detention basins, to the satisfaction of the Planning Board. The subdivision plat shall include a note stating that site development plan _ approval by the Planning Board is required prior to issuance of a building / permit for any of the proposed lots. j. The subdivision plat shall be revised to coordinate alignment of the parking areas for Lots 5 and 6 with the required driveway to the adjacent commercial lot which has frontage on New Hackensack Road, which lot is required to close its existing driveway to said road when access to the new road on the Property is available. k. The Applicants shall prepare a driveway access easement and maintenance agreement to the satisfaction of the Town Attorney and the Planning Board which ensures access from the proposed new road to the adjacent commercial building mentioned above. 1. The Applicant shall submit plans, to the satisfaction of the Town Engineer, for the piping of discharge along the most northerly portion of the property, 4 of 6 HILLTOP BUSINESS PARK 7 -LOT SUBDIVISION RESOLUTION OF PRELIMINARY & FINAL PLAT APPROVAL from the retention basin to St. Nicholas Road and tying the piping into the existing closed drainage system. 5. Conditional approval of the final plat shall expire one hundred eighty (180) days from the date of this resolution unless all requirements have been certified as completed or unless a written request for an extension of Final Subdivision Plat Approval (not to exceed two (2) ninety (90) day periods) is granted. 6. In accordance with the Town's Schedule of Fees, the Applicant shall be responsible for the payment of all application review fees incurred by the Planning Board in review of this Project which are in excess of the application review fees paid by the Applicants to -date. Such fees shall be paid within thirty (30) days of the notification to the Applicant that such fees are due. If such fees are not paid within this thirty (30) day period and an extension therefor has not been granted by the Planning Board, this resolution shall be rendered null and void. Refunds of any remaining funds within the escrow account for the applications will not be made until six (6) months after the filing of the subdivision plat. 7. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Applicants shall also sign a copy of this resolution after it has been initially endorsed by the Chairman acknowledging his receipt of a copy of the resolution. When all of the conditions set forth above have been satisfied, a copy of the final subdivision plat, revised as necessary, shall be submitted for endorsement by the Planning Board Chairman, certifying that the plans comply with the terms of this resolution, at which time, the Chairman shall also endorse this resolution in the space provided below, certifying that the applicants has complied with the above conditions of approval and that the Final Plat is authorized for filing with the County Clerk, Division of Land Records. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Philip J. DiNonno, Chairman Guy Gagne George Grimshaw Hugo Musto William Parsons June Visconti Robert Walker 5 of 6 Voting: Voting: Voting: Voting: Voting: Voting: Voting: �..--. M HILLTOP BUSINESS PARK 7 -LOT SUBDIVISION RESOLUTION OF PRELIMINARY & FINAL PLAT APPROVAL The resolution is hereby duly declared adopted. Dated: November 20, 2000 Wappingers Falls, New York Philip J. Dionno, Chair'ma-n- - Town of Wappinger Planning Board Nicholas DeluqQ'Imperty0wrier Andlyn Assoc., Inc. 7 le -v, D atmK / ��_ " � Date The following endorsement hereby confirms that the Applicants have fulfilled -III of the conditions of this resolution of Final Subdivision Plat approval and authorizes the filing of the Final Subdivision Plat with the County Clerk, Division of Land Records. Philip J. DiNonno, Chairman Town of Wappinger Planning Board j:\docs2\500\wappinger\hillcomsub2.fm.lkb.doe 12/13/00 4:11 PM 6 of 6 Dat FELDMAN-JACOBSON ABSTRACT CORP. 94 Market Street Poughkeepsie, NY 126,01 Tel (845) 454-1171 or (800) 339-2198 Fax (845) 454-3720 August 31, 2001 Gerard Comatos Van DeWater and Van DeWater PO Box 112 Poughkeepsie, NY 12602 RE: Title No.: 0110040261 Premises: Wappingers Falls Town Of Wappingers Falls County: Dutchess Parties: Andlyn Associates, Inc. to Town of Wappingers Falls Dear Sir/Madam: In reference to the above, enclosed please find Certificate and Report of Title. The premium due for placing the $35,000 Fee Owner's Policy will be $ .00. SEP 0 4 2001 Kindly review the report and advise at your earliest convenience when the closing will take place so we can arrange our schedule to attend. Please note that if this real estate matter does not close, there will be a cancellation. fee due. If you have any questions, please do not hesitate to call our office. Very truly yours, FELDMAN-JACOBSON ABSTRACT CORP. �raig I (T�. gilioilio CTD:Ism Enclosu VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 GERALD A. VERGILIS* KENNETH. M. STENGER ALBERT R ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN P. GARRETT** THOMAS R. DAVIS MARIA J. GRECO PHILIP GIAMPORTONE *ADMITTED To PRACTICE 1N NY & FLA. **ADMITTED TO PRACTICE IN NY & CONN. October 4, 2001 Van DeWater & Van DeWater, LLP Mill and Garden Streets P.O. Box 112 Poughkeepsie, New York 12601 FAX (845) 298-2842 e-mail: la W @ V SRP,com Attention: Gerard J. Comatos, Esq. LEGAL ASSISTANTS: AMY E. WOODARD KRISTEN S. GUTHRIE POUGHKEEPSIE OFFICE 276 MAIN MAIL POUGHKEEPSIE, NY 12601 (845) 452-1046 ADDRESS REPLY TO: ( ) POUGHVEEpsIE ( ) WAPPINGERS Re: Andlyn Associates to Town of Wappinger Project: Hilltop Business Park VV File No. 9147-017 VSRP File No. 12949.0183 Dear Gerry: The above referenced matter is on the Town Board agenda for Tuesday, October 91h for acceptance of the Performance Agreement and Surety Bond. Previously, the Town Board has authorized acceptance of the Sight and Drainage Easements in connection with same. You have previously forwarded to me a Declaration of Easement and Road Maintenance Agreement which I hereby approve as to form. The Declaration of Easement should also be filed simultaneously with the Subdivision Plat and the Drainage and Sight Easements. Your office will have to replace the Sight Easement descriptions with the descriptions dated August 2, 2001 as well as notarize the easement through Lot 7. As soon as the Subdivision Map is filed, I will direct the Zoning Administrator and Town Clerk to release all documents to your office for recording, with the understanding that you will affix your notarization for Lot 7, insert the correct legal descriptions and have all easements recorded simultaneously with the Subdivision Plat. Page 2 Upon recording of these documents, please forward copies of the filing/ recording receipts to Tatiana Lukianoff, Zoning Administrator. I am enclosing for your convenience a copy of the Subdivision procedures in the Town of Wappinger. In the future, it would help if all necessary documents are accumulated and filed with the Zoning Administrator for distribution to the Town Engineer's office and my office for review and approval. The package should include the original Performance Agreement as well as any Security to be affixed to the Performance Agreement. If there are any questions, please do not hesitate to contact me. Very truly yours, VERGILIS, STINGER, ROBERTS & PERGAMENT r B1JR P. ROBERTS APR/bg Enclosures Cc: Hon. Constance O. Smith, Supervisor Hon. Robert L. Valdati, Councilman Hon. Joseph Ruggiero, Councilman Hon. Vincent Bettina, Councilman Hon, Joseph P. Paoloni, Councilman Joseph E. Paggi, Jr., P.E. Tatiana Lukianoff, Zoning Administrator Hon. Gloria Morse, Town Clerk 0:1WAPPlNGEIPlanningBoard\Hilltoploct4-bg.doc (sent to home address) (sent to home address) (sent to home address) (sent to home address) NOTICE TO SUBDIVIDER After adoption of conditional or final resolution of subdivision approval, and prior to the signing of the subdivision plat, the following documents must be submitted to the Zoning Administrator: I. Offer of dedication/cession of all roads, easements and (where applicable) park lands. 2. Fully executed and completed original Deeds for roads, parklands together with TP -584 and RP -5217. 3. Original, fully completed and executed easements for drainage, site water sewer, etc. together with TP -584. 4. Fully completed and executed Performance Agreement Secured by Letter of Credit, Security Bond or other security approved by the Town Board. 5. Title insurance report covering roads and easements in minimum amount of $35,000 in favor of the Town of Wappinger. ALL OF THE ABOVE DOCUMENTS SHOULD BE PREPARED BY AN ATTORNEY. The above documents will be distributed by the Zoning Administrator to the Town's professionals. Do not send these documents directly to the Town Attorney or Town Engineer, 0:MAPPINGE1Town BOard\NOTSUBDV.DOC Wow WarA t fta►te jaoexuma Uceau Na 048"d57 273 East Main Stteet Beacon, New York 12SM35 5 Phone 845 831-8555 i August Z, 2001 SIGHT 19ASEMENT - HILLTOP .BUSESS PARK All that certain tract or parcel of land situate in the T wn of Wappinger, County of Dutchess and State of Ne York, being a sight easement cr ssing the northeasterly end. of Lot 1 as shown on a asap entitled "Hilltop Business Park" 1999' and last revised July 2, 2001 riginally dated October 19, and prepared by Lawrenc La?our, LS, said easemenq being more particularly boundc< J. Paggi PE and Gary R. and described as follows: Beginning at a point in the southwesterly line of Sai Nicholas Road, said point being the most northerly corner of Lot 2 as shown on a map entitled 'Subdivision of the Lands of Dave Ak-xander" and filed in the Dutchess Count- Clerk's Office on July 22, 1983 as Map #6662 and the most easterly corner of the 9.1 6 acre parcel of land shown on a reap entitled "Lot Lire Realignment for the Lands of 4ndlyn Associates, Ina & Bre-Del Enterprises, Inc. ? and filed in the Dutchess Court Cleric's Office on July 29, 1995 as Map #10,641, and running from thence along the hwesterly line of said Lot 2 on Filed Map #6662, beim ]adds now or formerly of Garbiber 1607 page 337), South 40-17-50 West 33.00 feet to a point; thence running throuhe 9,13,6 acre parcel of land shown on said Filed Map #10,641 the following two toursnd distances: through Lot 7 as shown on said map of Hilltop Business Park, North 44-27West in 133.52 feet tv a point in the southeasterly Linc of a proposed roadway and ag said proposed roadway, easterly along a curve to the right having a radius of 25.00 for a distance of 39.27 feet to a point in the southwesterly Iine of Saint Nicholas Road;nce along the same, South 47-3 8-00 East 107.09 fleet to the point of beginning. Being a portion of the premises conveyed by Andlyn Associates, Inc. to Andlyn Associates Inc. by deed dated January 22, 1999 and recorde i in the Dutchess County Cleric's Office on January 25, 1999 is Liber 2022 of Deeds page 323. ;". . SCHEDULE A Title Number: 0110040261 District Section Premises Wappingers Falls Town/City of Town of Wappingers Falls County of Dutchess Effective Date: 0$11312001 Block Lot ALTA Owner's Policy 1992 (with N.Y. Endorsement Modifications) $ 35,000.00 Proposed Insured: Town of Wappingers Falls ALTA Lender's Policy 1992 (with N.Y. Endorsement Modifications) $ Proposed Insured: its successors and/or assigns The estate or interest in the land described or referred to in this Certificate and covered herein is: FEE SIMPLE Title to said estate or interest in said land at the effective date hereof is vested in: ANDLYN ASSOCIATES, INC. MICHAEL D. GARBER Source of Title: Title acquired by the following deeds: Liber 2020 cp 416, Liber 2022 cp 320, Liber 2006 cp 488 and Liber 2022 cp 323(covers all except Garber Sight Easement) Title acquired by deed dated July 22, 1983 recorded July 26, 1983 in Liber 1607 cp 337 made by David Alexander. (affects only Garber Sight Easement) Recertified Date: —/—/ Title Recertified In: The land referred to in this Certificate is described as follows: SEE SCHEDULE "A" DESCRIPTION ATTACHED NOTE: This certificate is intended for lawyers only. Such exceptions as may be set forth herein may effect marketability of title. Your lawyer should be consulted before taking any action based upon the 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. R is advisable to have your attorney present at the closing, SCHEDULE "A" DESCRIPTION 0110040261 Page 1 All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, being a 60 feet wide roadway as shown on a map entitled "Hilltop Business Park" originally dated October 19, 1999 and prepared by Lawrence J. Pagg4 PE and Gary R. LaTour, LS, said roadway being more particularly. bounded and described as follows: Beginning at a point in the southwesterly line of Saint Nicholas Road, said point being distant North 47-38-00 West 107.09 feet from the most northerly corner of Lot 2' as shown on a map entitled "Subdivision of the Lands of Dave Alexander" and filed in the Dutchess County Clerk's Office on July 22, 1983 as Map #6662, and running from thence through the 9.136 acre parcel of land shown on a map entitled "Lot Line Realignment for the Lands ofAndlyn Associates, Inc- & Bre-Del Enterprises, Inc-" and filed in the Dutchess County Clerk's Office on July 29, 1998 as Map ##10,641 the following eleven courses and distances: westerly -along a curve to the left having a radius of 25.00 feet for a distance of 39.27 feet, South 42-22-00 West 261.94 feet, southwesterly along a curve to the. right having a radius of 230.00 feet for a distance 'of 97.55 feet, South 66-40-00 , West 204:84 feet, southwesterly along a curve to the left having a radius of 25.00, feet for a distance of 19.54 feet, southwesterly, westerly, northerly and easterly along a curve to the right having a radius of 52.50 feet for a distance of 247.02 feet, easterly along a.curve to the left having a radius of 25.00 feet for a distance of 19.54 feet, North 66-40-00 East 204.84 feet, northeasterly along a curve to the left having a radius of 170.00 feet for a distance of 72.10 feet, North 42-22-00 East 261.54 feet and northerly along a curve to the left having a radius of 25.00 feet for a distance of 3 9.67feet to a point in the southwesterly line of Saint Nicholas Road; thence along the same, South 48=32-30 East 25.40 feet and South 47-38-00 East 85.00 feet to the point of beginning. DESCRUMON SCHEDULE "A" DESCRIPTION 0110040261 Page 2 DRAINAGE EASEMENT THROUGH LOT 1 - HILLTOP BUSINESS PARK All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, being a drainage easement crossing the northeasterly end of Lot 1 as shown on a map entitled "Hilltop Business Park" originally dated October 19, 1999 and prepared by Lawrence J. PaggL PE and Gary R LaTour, LS, said easement .being more particularly bounded and described as follows: Beginning at a point in the southwesterly line of Saint Nicholas Road, said point being the most northerly comer of Lot 2 as shown on a map entitled "Subdivision of the. Lands of Dave.Alexander" and filed in the Dutchess County Clerk's Office on July 22, 1983 as MAP #6662 and the most easterly comer of the 9.136 acre parcel of land shown on a map entitled "Lot Line Realignment for the Lands o, f'Andlyn Associates, Inc. & Bre Del Enterprises, Inc. " and filed in the Dutchess County Clerk's Office on July 29, 1998 as Map #10,641, and running from thence along the northwesterly line of said Lot 2 on Filed Map #6662, being lands now or formerly of Garber (Liber 1607 page 337), South 40-17-50 West 130.00 feet to a point; thence running through the 9.136 acre parcel of land shown on said Filed Map #10,641 the following three courses and distances: running through Lot 7 as shown on said mapof Hilltop Business Park, North 45-34-30 West 136.87 feet to apoint in the southeasterly line of a proposed roadway, and along said proposed roadway North 42-2200 East 100.00 feet and easterly along a curve to the right having a radius of 25.00 feet for a distance of 39.27 feet to a point in the southwesterly line of Saint Nicholas Road; thence along the same, South 47-38-00 East 107.09 feet to the point of beginning. DESCRIPTION SCHEDULE "A" DESCRIPTION x110040261 Page 3 DRAINAGE EASEMENT THROUGH LOT 7 - HILLTOP BUSINESS PARK All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, being a drainage easement running through Lot 7 as shown on a map entitled "Hilltop Business Park" originally dated October 19, 1999 and prepared by Lawrence J. Paggi, PE and Gary R. LaTour, LS, said easement being more particularly bounded and described as follows; Beginning at a point in the southwesterly line of Saint Nicholas Road, said point being the most easterly corner of lands now or formerly of the Oak Grove Grange, Inc. No. 873 (Liber 1768 page 787) and the most northerly corner of the 9.136 acre parcel of land shown on a map entitled "Lot Line Realignment for the Lands of Andlyn Associates, Ina & Bre-Del Enterprises, Inc. "and filed in the Dutchess County Clerk's Office on July 29, 1998 as Map #10,641, and running from thence along the southwesterly line of Saint Nicholas Road, 'South 48-32-30 East 20.12 feet to a point; thence running through the 9.136 acre parcel of land shown on said Filed Map #10,641 the following six courses and distances: through Lot 7 as shown on said map of Hilltop Business Park South 47-45-00 West 135.00 feet, South 42-14-50 West 110.94 feet and South 47-38-00 East 113.00 feet to' a point in the northwesterly line of a proposed roadway, along said proposed roadway South 42-22-00 West 40.00 feet and southwesterly along a curve to the right having a radius of 170.0.0 feet for a distance of 72.10 feet, and through Lot 7 as shown on said map of Hilltop Business Park North 25- 56-30 West 144.27 feet to a point in the southeasterly line of said lands of the Old Grove Grange, Inc.; thence along the same, North 47.-45-00 East 303.00 feet to the point of beginning. DESCRIPTION SCHEDULE "A" DESCRIPTION 0110040261 Page 4 SIGHT EASEMENT - HILLTOP BUSINESS PARK All that certain tract or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, being a sight easement crossing the northeasterly, end of Lot 1 as shown on a map entitled "Hilltop Business Park" originally dated October 19, 1999 and prepared byLawrence J. Paggi, PE and Gary R, LaTour, LS, said easement being more particularly bounded and described as follows: Beginning at a point in the southwesterly line of Saint Nicholas Road, said point being the most northerly corner of Lot 2 as shown on a Snap entitled "Subdivision of the Lands of Dave Alexander" and filed in the Dutchess County Clerk's Office on July 22, 1983 as Map 96662 and the most easterly corner of the 9.136 acre parcel of land shown on a map entitled "Lot Line Realignment far the Lands of Andlyn Associates, Ina & Bre Del Enterprises, Inc." and filed in the Dutchess County Clerk's Office on July 29, 1998 as Map #10,641, and running from thence along the northwesterly line -of said Lot 2 on Filed Map #6662, being lands now or formerly of Garber (Liber 1607 page 337), South 40-17-50 West 33.00 feet to a point; thence running,through the 9.136 acre parcel of land shown on said Filed Map #10,641 the following two courses and distances: through Lot 7 as shown on said map of Hilltop Business Park, North 44-12-27 West 133.52 feet to a point in the southeasterly line of a proposed roadway and along said proposed roadway, easterly along a curve to the right having a radius of 25.00 feet for a distance of 39.27 feet to a point in the southwesterly line of Saint Nicholas Road; thence along the same, South 47-38-00 East 107.09 feet to the point of beginning. DESCRIPTION SCHEDULE "A" DESCRIPTION 0110040261 SNOW EASEMENT - HILLTOP. BUSEgSS PARK All that certain tract Dutchess and State of New' map entitled -Hilltop Burin Lawrence J. PaggL PE and ( particularly bounded and de: Beginning at a point of the 60 feet wide roadway being distant the following 1 2 as shownon a map o9itle the Dutchess Cowrty Clerk' southwesterly line of Saint I thence running through 9.1'_ ReaUgnmernt for the Lands filed in: the Dutch= Count the southerly line of the ' 60 Park, 2.) westerly along a c 39.27 feet, 3.) South 42-22 right having a radius of 230 704.84 feet, 6.) southweste distance of .19.54 feet and I right having a radius of 52.: said point of beginning thro South 89-36-00 West 30.01 said map of Whop Busim 25.00 feet and North 89-Y de -sac; thence along said r( 52.54 feet for a distance of Page 5 ►r parcel of land situate in the To of Wappinger, Couaty of !ork, being a. 25 feet by 30 feet s Low easenkent. as shown on a ms Park" originally dated Octob r 19, 1999 and prepared by 'nary R. LaT our, LS, said snow w sement being more cnbed as follows: h the westerly line of the out -de- at the'southwesterly end shown on said map of FrMtop B ' en' Park, said point courses and distances from 'thee ost northerly comer of Lot 1 "SuMvidon of the Lanri's of ave Ahxander" andfiled in Office on duly 22, 1983 as Map 662: X.) along the licholas Road, North 47-38-00 est 107.09 feet to a point 6 acre paxcel of land shown on.a: entitled "Lot Line of Andlyn Associates, Ina & B Del En&vprise�, Ine- " and Clerk's Office on July 29, 1998 1 s Map #10,641, following feet wide roadway shown on said of H81top Business to the left having a radius of 25.00 feet for a distance of 00 West 261.94 feet, 4.) southw, terly along a curve to the 0 feet for a distance of 97.55 f t, 5,) South 66-40-00 West ly along. a curve to the left k�a ' a radius of 25.00 feet for a ) southwesterly, westerly and noi thefly along a curve to the 0 feet for a distance of 131.90 f and dkence running from Lot 4 as shown on :said map f Hilltop Business Park, feet to a point in the southeast line of Lot 5 as shown on s Park; thence tbrough said Lot 5, North 44-24-00 West 00 Bast 30.00 feet to a point in t xe westerly line of said cul- dway, southerly along a curve t the left having a radius of 5.24 feet to the point of be DESCRIPTION SCHEDULE "A" DESCRIPTION 0110040261 Page 6 SIGHT EASEMENT ACROSS LANDS OF GARBER TO BENEFIT HILI TOP BUSINESS PARK 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 southwesterly line of Saint Nicholas Road, said point being the most easterly corner of Lot 1 as shown on a map entitled "Subdivision of the Lands of Bre-Del Enterprises, Inc. " and filed in the Dutchess County Clerk's Office on June 12, 1985 as Map #7266 and being alio the most northerly corner of Lot 2 as shown on a map entitled "Subdivision of the Lands of Dave Alexander" and filed in the Dutchess County Clerk's Office on July 22, 1983 as Map #6662, and running from thence along the southwesterly and westerly lines of Saint Nicholas Road the following 3 courses and distances: South 47-38-00 East 100.25 feet, South 14-0240 East 57.72 feet and South 04-35-40 East 55.00 feet to a point; thence running through said Lot 2 on Filed Map #6662, North 36-36-30 West 190.86 feet to a point in the southeasterly line of Lot 1 as shown on said Filed Map #7266; thence along the southeasterly line of said Lot 1, North 4.0-17-50 East 33.00 feet to the point of beginning.. ' DESCRIPTION SCHEDULE B - Part 1 Commitment No. 0110040261 Page 1 1. IDENTITY PARTIES The identity of parties at the closing of this title should be established to the satisfaction of the closer. 2. SECTION 13 OF LIEN LAW Deeds and mortgages must contain the covenant required by section 13 of the Lien Law and such covenant must be absolute and not conditional. The covenant is not required in deeds from referees or other persons appointed by a court for the sole purpose of selling property. 3. ASSIGNMENT OF MORTGAGE OR OTHER LIENS When the transaction is an assignment of a mortgage or other lien, an estoppel certificate executed by the owner of the fee and by the holders of all subsequent encumbrances must be obtained. When the transaction is a mortgage, the amount of actually advanced should be reported to the Company. 4, MATTERS AFTER EFFECTIVE DATE OF CERTIFICATE Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by the Certificate. CORPORATE GRANTOR If the present transaction consists in whole or in part of a conveyance or lease by a corporate grantor or lessor, there must be compliance with Section 909 of the Business Corporation Law. We will require the written consent to such conveyance or lease by all the holders of the outstanding shares of the said corporation and the instrument on closing should so recite in lieu thereof the consent of the holders of two-thirds of all the outstanding shares entitled to vote thereon obtained at a meeting duly notices and called for the purpose of obtaining such consent in the manner provided for in Section 605 of the Business Coropration Law is required and the instrument on closing should so recite. If neither of the above is obtained, then, the proofs, showing the basis upon which the conveyance or lease is to be made mustbe submitted to counsel prior to closing. 6. CORPORATE MORTGAGOR If the present transaction consists in whole or in part of the making of a new mortgage there must be compliance with Section 911 of the Business Corporation Law. We will require a certified copy of the resolution of the board of directors of any corporate mortgagor authorizing the making of said mortgage. Proof must also be shown that the consent of the stockholders of the mortgagor corporation is not required by its certificate of incorporation or amendments thereto for the making of said mortgage. The mortgage should contain a recital showing that it was made and executed pursuant to the resolution of the board of directors of the mortgagor. 7. CONTRACT If this certificate requires a conveyance of the fee estate and the contract has not been submitted to the Company, it should be furnished for consideration prior to closing. S. PROOF OF NO OTHER NAME Proof is required to show that the persons certified as owners herein have not been known by any other name in the 10 years last past. If they have been known by another name, all searches must be amended and run against such name and title is subject to returns, if any, on such amended searches. 9. PERSONAL PROPERTY Title to any personal property, whether the same be attached to or used in connection with the premises. (The policy to be issued will contain an exception as to this item without change or modification). 10. MARKET VALUE ENDORSEMENT Section 6409(c) of the Insurance Law requires that title companies offer, at or prior to closing, an optional endorsement to cover the owner -occupant of real property use predominantly for residential purposes and consisting of not more than four dwelling units, for loss in excess of the purchase price (policy stated amount of liability) and up the future market value of the property. If you do not wish this additional optional coverage, you must waive the same by signing in the space following this notice. SCHEDULE B EXCEPTIONS - Part 2 0110040261 Page 1 The policy will not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following exceptions unless they are disposed of to our satisfaction: 1 Taxes, tax liens, tax sales, water rates, sewer and assessments set forth in schedule herein. 2 Mortgages returned herein (1). Detailed statement within. 3 Rights of tenants or persons in possession. 4 See survey reading within. 5 Notes on filed Map No. 10641. 6 Subject to the Utility Easement(s) Liber 450 cp 472, Liber 493 cp 398, Liber 446 cp 307, Liber 474 cp 209, Liber 662 cp 264, Liber 871 cp 26, Liber 1236 cp 669. 7 Proof of payment of New York Stat Corporate Franchise taxes by Bre-Del Enterprises, Inc. to January 26, 1999 is required.(See status report) 8 Proof of payment of New York Corporate Franchise Taxes by Andlyn Associates, Inc. to date is required. (see status report) 9 The Uniform Commerical Code Financing Statement(s) as set forth in Exhibit #0112052 filed 6-29-01 attached hereto and made a part hereof are to be satisfactorily disposed of. 10 The road and easement descriptions affecting the property owned by Andlyn Associates, Inc. make repeated reference to a map entitled "Hilltop Business Park" which is not a filed map. Either said map must be filed prior to or simultaneously with the recordation of the road and easement instruments - with the filing date and filed map number added to the descriptions - or the descriptions must be amended to delete any refernces to the unfiled map. 11 Note: The Garber sight easement should be a separate instrument. 12 FOR INFORMATION ONLY: ALL PARTIES will be required to provide photo identification and social security numbers to the Company's Representative at closing................The company may impose additional charges for attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant. SCHEDULE B 1 AX SE C - Account Number: MUNICIPALITY - Town of Wappingers Falls Section: Block: Lot: Assessed Valuation: Land: $ 127,500.00 Assessed to: Andlyn Associates, Inc. Class: 300 Lot Size: 9.13 acre School District: Wappinger Falls 0110040261 Page 1 Year of Roll 2001 Grid: 19-6259-03-150060-00 Total: $ 127,500.00 TAXES 2000-01 School Tax $ 3,922.73 2001 State, County, Town $ 5,710.80 includes'2000-01 School tax of $4,197.32 2001-02 School Tax $ becomes alien as of July 1, 2001 Date: PAID Date: 07/10/2001 Date: Note: Sewer and water or other assessments, if any, receipts to be produced. Property is not in an Agricultural District Property is not in a Hazardous waste area (NOTE: Should we, Title Company, be required to take Escrow for any Tax reason there is a $50.00 Service Fee.) Our policy does not insure against taxes, water rates, assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of the streets on which the premises to be insured abut. TAX SEARCH 1 1 AX S EARC Account Number: MUNICIPALITY - Town of Wappingers Falls Section: Block: Lot: Assessed Valuation: Land: $ 99,000.00 Assessed to: Michael D. Garber Class: 464 Lot Size: 2.00 acre School District: Wappinger Falls 2000-01 School Tax $ 2001 State, County, Town $ 2001-02 School Tax $ becomes a lien as of July 1, 2001 Note: 0110040261 Page 2 Year of Roll 2001 Grid: 19-4259-03-198054-00 Total: $ 228,500.00 TAXES 7,030.15 PAID Date: 2,712.39 PAID Date: 02/09/2001 Date: Sewer and water or other assessments, if any, receipts to be produced. Property is not in an Agricultural District Property is not in a Hazardous waste area (NOTE: Should we, Title Company, be required to take Escrow for any Tax reason there is a $50.00 Service Fee.) Our policy does not insure against taxes, water rates, assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of the streets on which the premises to be insured abut. TAX SEARCH MORTGAGE SCHEDULE I Title Number 0110040261 Mortgage Mortgagor Andlyn Associates, Inc. Mortgagee Riverside Bank Amount $ 250,000.00 Dated 06/28/2001 Recorded 06/28/2001 Document 01-2001-6560 If the above Mortgage(s) is to be discharged of record, arrangement for pay-off letter(s) (including per diem) must be presented at or prior to closing. These mortgage returns, unless the mortgage is to be insured, will appear as exceptions from coverage. The. information set forth herein is obtained from the recorded instrument. Sometimes the provisions of a mortgage modified by agreements which are not recorded. We suggest that you communicate with the mortgage if you desire any additional information. If there has been a change in the owners and holders of the mortgage, such information should be furnished to us promptly to enable further searches to be made. MORTGAGE SCHEDULE URVEY READING Title Number: 0110040261 Survey made by Gary R. LaTour, LS dated 1011911999, redated 07/02/2001 shows: a proposed 7 lot subdivision with proposed road running from Saint Nicholas Road to cul-de-sac. Shows proposed sight easement on easterly portion of Lot 1 and on easterly portion of lands of Garber adjacent to Lot 1 on the South. Shows proposed drainage easements on easterly portion of Lot 1 and on southerly and westerly portions of Lot 7. Shows proposed snow easement on easterly portions of Lot 4 and Lot 5. SURVEY READING New York State Department of Taxation and Finance Processing Division Building 8 Room 226 - Tax Status Unit W A Harriman Campus Albany NY 12227 r 83-B L_ :ECI 'FELDMAN-J COBSON J According to our records, tax liens exist under the above Articles for the periods listed below. Tax Status Articles 9, 9-A, 9-13, 9-C, 13,13-A, 32, and 33 Name of Corporation Bre-Del Enterprises Inc. Incorporated Filing period terminated date Terminated code Search date 05/21/84 December I 1 1 06/04/2001 ewes r None tax reports for period(s) ended: Owes franchise taxes for period(s) ended: None Owes license fee (Articlsec. 184) Owes maintenance fee None for period(s) ended: None Lien Provision The tax shall become a lien on the date on which the return is required to be filed (without regard to any extension of time for filing such return), except that such tax shall become a lien not later than the date the taxpayer ceases to be subject to the tax or to exercise its franchise or to do business in this state in a corporate or organized capacity. A dissolved corporation which continues to conduct business shall also be subject to the tax imposed by this article. Terminated Reason Code Merger 1 Consolidation 2 Reorganization 3 Take over Charter Expires 4 5 Offie,5al only Certificate of Termination 6 8 ' Surrendered Authority wheri ,0erfiorated .. Voluntary Dissolution 9 Dissolved by Proclamation P Revocation of Authority R PR -763 (1198) New York State Department of Taxation and Finance Processing Division Building 8 Room 226 - Tax Status Unit W A Harriman Campus Albany NY 12227 F- 83 -B L J RECE.'Ar7 Tax Status Articles 9, 9-A, 9-13, 9-C; 13,13-A, 32, and 33 According to our records, tax liens exist under the above Articles for the periods listed below Name of Corporation Andlyn Associates Inc. lncor rated Filing period Terminated date Terminated code Search date 03/06/97 December I 1 1 06/04/2001 Owes franchise tax reports for peflod(s) ended: 12/31./00 Rept. Ext;. Granted/due 9/15/01 Owes franchise taxes for period(s) ended: 12/31/00 Tax Ext. Granted/due 9/15/01 Owes license fee (Articlsec, 181) Owes maintenance fee Vone for period(s) ended: None Lien Provision The tax shall become a lien on the date on which the return is required to be filed (without regard to any extension of time for filing such return), except that such tax shall become a lien not later than the date the taxpayer ceases to be subject to the tax or to exercise its franchise or to do business in this state in a corporate or organized capacity. A dissolved corporation which continues to conduct business shall also be subject to the tax imposed by this article. Terminated Reason Code Merger 1 Consolidation 2 Reorganization 3 Take over 4 Charter Expires 5 Oifir.!al only Certificate of Termination 6 Surrendered Authority 8 When, p0rfor6ted Voluntary Dissolution 9 Dissolved by Proclamation P Revocation of Authority R PR -763 (1/98.) This FINANCING STATEMENT is presented to a Filing No. of Additional Officer for filing pursuant to the Uniform Commercial Code, Sheets Presented: 1. Debtorls) (Last Name First) andAddress(es): '2. Secured PartylieO Name(s) and Addrass(esj ANDLYN ASSOCIATES, INC. RIVERSIDE BANK 210 NEW HACKENSACK ROAD. 11 GARDEN STREET WAPPINGERS FALLS, NY 1259C POUGHKEEPSIE NY 12601 5. This .Financing Statement covers the following types (or items) of property 3' ❑'The.' . Qbtoris a learibr6ifYn g utiiii . 4! Ar'Date, Time; No. Filing 001ce 1001 JUN 29 A'fll T. 22. 6. Assignee(s) of Secured Party and Address(es) _S�W, OUTSIZED INSTRM,FENT 7.❑The desefibed crops are growing or to be grown on; ` (:]Products Of the Collateral are also covered. []The datcribed goods are or are lobe affixed to: s © - [)The lumber to be cut or minerals or the like 8. Describe Real Estate Here: XXThis statement is to be indexed in 9. Name of (including oil and gas) is on;' the Real Estate Records: a Record `(Describe Real bsta:e fieiow) Owner T/WAPPINGER ST NICHOLAS ROAD DUT CO ANDLYN.ASSOCIATES INC No. 6 Street _ Town or City County section 6254 Block 03--150060 10. This statement is filed without the debtor's signature to perfect a security interest in collateral (check appropriate box) ❑under a security agreement signed by debtor authorizing secured party to file this statement, or ❑which is proceeds of the original collateral described above in which a security interest was perfected, or ❑acquired after a change of name, identity or corporate structure of the debtor, or ❑as to which the filing has lapsed, or already subject to a security interest in another jurisdiction: ❑when the collateral was brought into the state, or ❑when the debtor's location was changed to this state. By By Signature(s) of Debtorls) Signature(s) of Secured Party(ies) (1) Filing Officer Copy -Numerical (5/821 STAN UARD FORM - FORM UCC -1 — Approved by Secretary of State of New York J Aslmcc9tank\ice tZl real lry cJ Uniform Commercial Code FINANCING STATEMENT -- Form UCC -1' This FINANCING STATEMENT is presented to a Filing Officer for filing pursuant to the Uniform Commercial Code. "" No. of Additional Sheets Presents: -1- 3.0 Thp nphtnr a trancmdttinn nt;l;t„ 1. Debtor(s) Last Name First and 2. secured Party(ies) Names(s) and 9. For Filing Officer; Date, Time, Address(es): Address(es): No. Filing office: ANDLYN ASSOCIATES, INC. RIVERSIDE BANK 210 New Hackensack Road I 1 Garden Street Wappingers Falls, New York 12590 Poughkeepsie, NY 12601 5. This. Financing Statement covers the 6. Assignee(s) of Secured Party and 7. following types (or items) of property: Address(es): El The described crops are growing or to be grown on* Q The described goods are or See Schedule "A" attached hereto and are to be affixed to* hereof. a The lumber to be cut or made a part minerals or'the like (.including oil and gas) is [Check applicable box(es) on* ❑ Products of the Collateral are also covered. *(Described Real Estate Below) 8. Describe Real Estate Here: ® This statement is to be indexed in the Real Estate Records: - No, & street: St. Nicholas Road Town of Wappinger County of Dutchess Section 6259 Block 03 Lot 150060 9. Name of a Record Owner: . ANDLYN ASSOCIATES, INC. 10. This statement is filed without the debtor's signature to perfect a security interest in collateral {check appropriate box► ❑ under a security agreement signed by debtor authorizing secured party to file this statement, or ❑ which is proceeds of the original collateral described above in which a security interest was perfected, or ❑ acquired after a change of name, identity or corporate structure of the debtor, or 0 a to which the filing has lapsed, or already subject to a security interest in another jurisdiction: . a when the collateral was brought into the state,or ❑ when the debtor's location was changed to this state.. ANDLYN ASSOCIATES, INC. (D�bcor) BY: NICHOLAS J. DELUCCIA'. PRESIDENT RIVERSIDE BANK (s,,,,dPany) BY -, F ORAE C. IIA EN SENIOR VICE PRESIDENT County of Dutchess SCHEDULE"A" Debtor: ANDLYN ASSOCIATES, INC. Secured Party:RIVERSIDE BANK Date: June 28, 2001 Real Property: St. Nicholas Road, Town of Wappinger, New York 12590 This Financing Statement covers the following collateral: A. All Debtor's right, title and interest in and to the Real Property and all right, title and interest of the Debtor in and to the improvements on the Real Property or to be constructed thereon and all fixtures and building materials of every kind and nature now or hereafter situated in, on or about, or affixed or attached to the improvements on the Real Property or any building, structure or other improvement now or hereafter standing, constructed or placed upon or within the Real Property, and all and singular the tenements, hereditaments, easements, rights-of-way or use, rights, privileges and appurtenances to the Real Property, now or hereafter belonging or in anywise appertaining. thereto, including, without limitation, any such right, title, interest, claim and demand in, to and under:any agreement granting, conveying or creating, for the benefit of the Real Property, any easement, right or license in any way affecting other property and in, to and under any streets, ways, alleys, vaults, gores or strips of land adjoining the Real Property, or any parcel thereof, and all claims or demands either in law or in equity, in possession or expectancy, of, in and to the Real Property. B. All right, title and interest of the Debtor in and to all awards hereafter to be made for the taking by eminent domain -of the whole or any part of the Real Property, or any estate or easement therein, including any awards for change of grade of streets, all of which awards are hereby assigned to the Secured Party, which is hereby authorized to collect and receive the proceeds of such awards and to give proper receipts and acquittances therefor and the Secured Party shall have the right and option to apply such excess towards the payment of any sum owing on account of Debtor to the Secured Party, notwithstanding the fact that such sum may not then be due and payable. C. All fixtures and articles of personal property and all appurtenances and additions thereto and replacements thereof, owned by the Debtor and now or hereafter attached to, contained in, or used in connection with the Real Property or placed on anypart thereof, though not attached thereto, including, butnot limited to, all screens, awnings, shades, blinds, curtains, draperies, carpets, rugs, furniture and furnishings, heating, light, plumbing, ventilating, refrigerating, incinerating, and elevator plants, stoves, ranges, vacuum cleaning systems, call systems, sprinkler systems and other fire prevention and extinguishing apparatus and materials, motors, machinery, pipes, appliances, equipment, fittings and fixtures, and the trade name, good will and books and records relating to the business, operated on the Real Property. D. All present and future leases, subleases and licenses and any guarantees thereof, rents, issues and profits and additional rents now or at any time hereafter covering or affecting all or any portion of the Real Property and all proceeds of, and all privileges and appurtenances belonging or, in any way appertaining to the Real Property, or any part thereof, and all other property, including, without limitation, all of the income, revenues, earnings, rents, maintenance payments, tolls, issues, awards (including, without limitation, condemnation awards and insurance proceeds), products and profits thereof; and all the estate, right, title, interest and claim.whatsoever, at law and in equity, which Mortgagor now has or may hereafter acquire in and to the Real Property and every part thereof, E. All unearned premiums accrued, accruing or to accrue under insurance policies now or hereafter obtained by the Debtor and all proceeds of the conversion, voluntary or involuntary, of the Real Property or any part thereof into cash or liquidated claims, including, without limitation, proceeds of hazard and title insurance and all awards and compensation heretofore and hereafter made to the present and all subsequent owners of the Real Property by any govermnental or other lawful authorities for the taking by eminent domain, condemnation or otherwise, of all or any part of the Premisesor any easement therein, including awards for any change of grade of streets. n,a - � :sem r7 AAl1 I� �� F� h M1�^M1 AAl1 I� �� Cad f t' yarn No. 409-7 M-9'45 , .. In consideration of the gum of One Dollar (�14 and Other valuable coniideratioiis, the receipt whereof from Central Hudson Gas and 4 Wectric Corporation, a domestl corporati n havi I its principal office (maiden) at South Road (no street number), Poughkeepsie, New York AND a domestic Corporation_ having its principal office (iagide w at { •��� is hereby acknowledged, the undersigned hereby grant(&) and }• c) convey(s) unto said corporatlon(s), and ach of them, t Er reespective ccessors, assigns and lessees, an easement and right of way is upon over under and across the lands of the under$ jntd including roads and highways th reo art adjacent thereto, situated'in the___, -- �� of Gounty of _ , Stat n of New ork r Said caselpent Raid ll,in,eh•,allextend rom the property kine of nn the ;4.'7t• in a.�A "+- direction to a property line of i— ~' ... Together ith the n ht ata 1 titters to enter thereon and have access there and to construct, relocate, operate and maintain thereon and to repair, replace, protect and remove a line of poles, cables, arossarms, wires, guys, braces underground coodults and all other appurtenances and fixtures adapted to the present and future needs, uses and purposes of said corporations), their. respective successars, assigns and lessees. Together with the right also to attach guy wires to trees on said property, and to trim, cut and remove trees and other objects tbereon so as to provide a clearance of =_—J, C .-.., feet from the wires of said corporations. The exact location of said easement and line is to be as determined by said corporations having regard to the origin, general direction and destination of said line and the requirements of said corporations. IE such line hereafter materially interferes with any new use. to which the land of the undersigned may subsequently be devoted, the Corporations will, on reasonable notice, and on being given without cost a new ease- ment and right of way, satisfactory in form to them, for a substitute location reasonably suitable for their requirements, remove such line to such substitute location, but only one such removal may be required, CentraHudson Cas & Electric Corporation AN__. �9J-,&—�-- -�---------- shall reimburse the undersigl D ned [or any damage to his—her—their—its property cause tp solely by the saidrporations in repairing the line to be located on P tltis easement. The provisions hereof shatl inure to and bind the heirs, legal representatives, successors, aligns aqd les soft undersi ne� sa�n�d. a SW corporation(s) respectively. %�� s�.*� ,)'7`•"' Signed, sealed and delivered, on.1k (� �.. . _., 19-- / U In the Presents of: - +• "1 ,;! (1-• 5.) ....................... _._._........._.._.. __.W.-- Residing at:.—._. 6. �� -�✓ C,!r-_C_. A ✓Z_.-.. 47� Al y or Village Counq SUte villa V-pmm number. street and cilr loan oge Il st tw reet torn for Acknowledgment) t 1f no .beet number •Dut'"(nope)"• number Pul " (na .heel number) aflerrhame o[ rtreeL l STATE OF NEI YOR$ j County of Ortingp --) as: On this_ }ktt: day of May 19`l? , before me, the suberiber, personally appeared F•rrtncls .7.. Gr�cnr. 1, to me personally Imovin and )mown to me to be the indidual(s) described in and who executed the foregoing instrument, and he (severally) duly acknowledged to me that he`exeeuted the same. TA Notary Publi r WM. HOWAiff)Y't=ljNfl h mrTOrf fi i r IN &lilt OF ifw YORK AE5;0;;:;; i; l't�Ti�11LL9 1:UililTY jf lj;i7 St4tte' of Nevy York. k� CNA$ RAe¢)ffOjN„County Clerk and Cletk of diel Supreme Court, ��' p! Record g ley law'a.aoal, d0 HF+ftEB ,County of Nseesu s Iu1 COPYIST I. k.101 1� C;1- �r - /L IN 00931DEFUITION OF TM -W -aura Of 41-00 paid to the undersigned by (JEN' RAR HuiaolQ G�13 & ELXC' RIC U01ULORATION, the receipt Vhereof is hereby acknowledged, the undersigned hereby grants} and convey(a) unto said corporation, its auocesaors and as,signs, an easement and right of way 60 feet in wiCitil thzaughout its extent., in, upon over end across the lands of the undersigned, including roads thereon and adjacent thereto situated in the Town of gappinger, County, of Dutchess, State of New York SxID Eii3EMINT anti line shall extend frurn the property ,line of Via. Ka.uffmarr on the aoutheaat in a northwesterly direction to the property line of the Dutch Reforin Church on the northwest location"of avid line to be 'as per attached print #21105. The right to remove ally trees in said right of tray. Alpo such trees outside of the right of.: xray which-iiray be z menace to the operation of the aaid line. Wood to be, cut inlengths to be :candled by one Wren. 3a.id corporation aiso agrees to release right of way gra;tt ddted Janunry 12, 1930, a.s part oonsideruti0n for this grant. TOG,ETHEH with the right at all times to enter'thereon and have, access therr:te and to.acnatPuct,operate and rn2intain theroron and to repaA.r, replace, protect and oemove, line of poles, oabels, cross arms, guys, braces and ail other appurtenances or fixtures adapted to tae present and future neads, uses and. purcoses of said oerpar-- Stion, lt0 91,IACe830rs, ussigma and 1080008 TM THER with the right also to trim, cut andmemove at any time ,such trees;: and other objects thereon and on adjacent pl'aperty of the un8..ersigned as in the judgment:. Of aaid corporation its suooeusorw, assigns and lessees amy interfere with, obstruct or endanger the construction operation ox :riaintenence Of said rights, linip e,nd fixtures or anythereof. REauitVING unto the undersigned the "right to cultivate the ground between said poles and beneath 134id wires anti fi iix es provided ths:t such use of said ground shale not int..,riexe with, obstruct or endanger any of the tights L�ranted as aforesaid' and provided that damage to the property owned by- the ands>r'eigned caused solely by said corporation its sueceseors a••seiLns or lesaeea in ,maintaining or repairing; said line shall be adjuestd at the expense of aaid coxporeti"on, its sucioessors, assigns or lessees The provisions hereof eha,11. apply to and bind the heirs, lei;al r•epresenta`. tives, $u00e820rs, Resigns and leaaees of the lAndewsigned and said corporation xe spectively Signed, sealed and delivezed on Sept. 24, 1932 In the presence of Gertrude L. Greene O. F. Carpenter. Frank Greene I (DIAGRAM ATTACHED) STATH OF tiz`' YORX COUNTY Of DUTGHESS 33.; QA thte 24th any of 13eptember, 1932,beiore me the subeariber, personally appeared Rextrude L. Greene end Fxank Greene, to lie personally knotivn and known to ane to be the individual(q) described in anti who exeouted the foxeguing instrument and they (severally) duly acionow-. ledged to me that they executed the saline. Orvis F. Carpenter Notary Public RECORDED Novernbex 22, 1932, at 4., 1S P. U. 1G i�—h%vN. 7 / Y 1 A Corporation of the States of New'York and New Jexsey having RIP2EIVED .from THE NER YORK TELA'kiON'E COI&A1JY its principal office in the State of New York at Nu -15 Dey Street, New. York City awd in the State of Naq Jersey at No.2�1 Washin4;ton Street,Newark -and- (A Corporation of the State of N.Y. having its principal C.H.G.& ELECTRIC 00 ( office at 50 Market Lt, County of DutohesE-, State of N,Y, ONE DOLLAR ($1.00) In consideration of which we hereby grant unto said Compaaiies and either of them, their respective successors and a,s.signs the rigiit,privilege and auti:ority to construct,Tee ,instruct,reloca.te operate repair maintain and at pleasure remove a single lone of so many poles including such guys stubs,MCIIors bro,ce aoles,fixtures and other apparatus as said Oompanies or eitraer of tries may now and from time to time deem necessary together with Ux.- right,priviInge and autiority to coustruct,reconstruct,relocate opera,te,xepair and maintain upon and at pleasure remove from said line ,f poles or any part thereof such erossarms,cablos wites,fixtures and other apparatus as said Companies or either of them may novo and from time to time daeem-necessary along upon and across the highways which axijoin. or are upon the property acid upon over and a.lorIg the property wnioA we owh or in which we have an intcrest situate -- G; I.Tt''�does not autiori.ze the construction of a high tension line; that is voltage over normal 1l1 � e ourreht in the Township of WapUi.nger, County of Dutchess,State of Nero York with the ail , 4+fr gt to trim from time to times anY trees M-10119said line of holes asfrom time to time €E t SSI � #itltained to keep the wiree cleared. �+-t least forty eight inches; and to attach to trees on I S .'aToperty and. on the highways which adjoin or are u>>on.said property such guy wires as V; r. ± `.i?',Companies or either of them may;now ana from time to time deem necessary IN IVITNE3S WHERL�;QF I ha.veherounto set my Nand ad seal tiie 28° day of ugust,in year 1926 r Signed,sealed .and delivered n- • in ,the presence of E ;wmiiess: Francis M.Greeae as to Frank Greene (L.S.) wiit�e�s; Francis M.Greene as to Gertrude L.Greene(L.S.) STAT,L OF W YORK SS: C0mY 0T` DUTCHESS f On t -ie 27" day of 9eptedber,1926 before me personally ase F9?t1.30IS :n. GREENS (Subscribing witness) wit!,, wijom I a.n loarsona11y acquainted to tie .mown and lalown to me to be the subscribing witness to ti'>e foxe.oing instrument who being by me duly sworn did depose and say that he resides in t,ie.Town of ;Vappingbrs that he is aereonally acquainted with Frank & Gertrude L.Greene and MM Bain persons to be the persons described in and w:ro executed the foregoing; instrument; that he the 'said suoscribing witness was present and saw Tire said persons execute the same an4 tizat tuey severally duly acknowledged to him the said subscribing witness that they executed t_ze c aa:,e and that Ae thereupon subscribed 'lis name I as witnessthereto Wm.Howard Young (Seal) Notary Public Recorded Marcus 8,1927; i.o4 Clerk Copyist '•i.E. 307 A Cax'poratiorl o� the State RECEIVED JPROk THE '.1A?PINGEAS ELECTRIC CO?1PO.1-MON of Neer' York having its princi- pal office at ;i'aaiiingers Falls, { N.Y. one Dollar (s9.00) in consideration of which we hereby grant unto said Co:rgpany,ita successors n.d assigns the right,privilege and authority to construct,reconstruct, relocate, operate, repair maintain and at its pleasure remove its Electric Lines for Light,Iieat and Power etc including , such Doles, crossa.rrns,wires,cables, e ys,staios,zanchors,brace poles,fixtures and other apparatus as said Company :may now or from tiae to time doe:v necessary along upor:. andaeros., the kLiagkNays or are upon the property and upon over and along the property .which we own or in which we have an. inter<lst situate in the Tour of Wappingers County of Dutclless State of New York with the right to trim from time to tilr:e any,.tr.ees along said lanes as from ti.w to time maintained to keep thq wires cleared at lea t forty nigh od r a;1�3 �r.�t1 '�o � ,tt;cli a txr.._s or.. said px;perty and on the highways which adjoin or are upon said pr -party such guy wires as said Corraany may now and from time to tune deem necessary and in full sa.tisfa.ction and payment therefor. Poles to'be placed to satisfaction of o+gner. IN ITN9,SS 'JHl'l.0 F we .have hereunto set our hand and seal the 11th day of August in the year 19?4. Signed sealed and delivered In the nresenoe of Witness John Lingo :, to 3s to STATE X 1!�W' v01Tc COUNTY O:, ONCHESS 5314. Gertrude L. Oreen Frank Greene WAPPINGER S ELECTRIC, CORPORATION gappingers Fa11s N.Y. On this 18th day os August in the year Nineteen hundred and P4 before me ^or- Banally came John Linge subscribing witness to the foregoing instrument with. whom, I am- per-sonally acquainted who being by me duly sworn did depose and say that lie resided at the time of the execution o; said instrument and still .resides'at ,7appingers'Falls N.Y. that"he is and them was acquainted with Gertrude L.Greene, Frank rreene and lm.ter them to be Gertrude L. Greone,Frank Greene the individual described in and who executed the foregoing instrument a.nd that he said subscribing witness was present and saw them oxecute the same and that they acknowledged to train the said Jahn Linge that they executed the sa.re. and that he said wit-- ness thereupon subscribed his name as a witness thereto, Recorded Aug. 19, 1.924 ?.44 P.m. R.L.Aurswald Notary Public (Seal) M/ \_ 2'73 Copyist MA. In congideration of the sum of Two hundred seventy eight and no r v , hundredths dollars ($275'.'00) paid to the undersigned by Central Hudson Gas & ffiZeotF10 Corporati6n the receipt whereof is hereby acknowledged, the undersigned hereby grant I unto said corpora#ion its a%iooe9sors. and assigns an easement ana right of way one hun i dred Oet in width throughout its extent, in upon,over and across the lands of the under) signed, including roads thereon and adjacent thereto, situated in the Town of Wappinger, County of Dutchess and State of New Tork the exact location thereof to be selected by said o orporation after its final surveys have been made. Transmission line extending from the line of lands,of Helena V.V,Aokert on the northeast in a southerly, direction to -lands of t.a,Horton as shown on CentralHudson Gas & ,Electric Corppration's Map No. ' 21890, sheet'2 heretb snnexed'and &ads a part hereof. Right U remove brush and t rees i fifty (5p) f set each side of venter of pole line and any other trees which may menaoee operation of the line. The owner to have -all woad, the locust trees. to be out by the said corporation at its. own expense in lengths -'or posts for the owner. The poles shall be F constructed of wood and there shall be no steel towers erected in, over or upon said 1 right of way. 1 Together with the right at all times to enter thereon and to have access thereto and to.00nstruot, operate and maintain thereon and to repair, replace, protect and remove, line of poles,oablee, cross arms, buys, braces and all other appur tenanoes or fixtures adapted to the present and, future needs, uses and purposes of a aid corporation, its successors, assigns and lessees. Together with the right to tl!d*, out and remove at any time such trees and otherobjecta thereon end on adjacent property of the undersigned as in the judgment of said corporation its Successors, assigns andlesseesipay interfere with,obstruot or endanger tha'donstruotion, operatIon' or maintenance of said rights, lines and fixtures or any, Thereof. Rssexving unto the undersigned the right to cultivate the ground between a aid poles and beneath s aid wires and fixtures, provided that such use of said ground shall not interfere witn,obstr+iot, 6r endanger any.of the rights granted ae aforesaid;and;provided that -damage to the property owned by the undersigned caused solely by said oorporation;its suocessor4 assigns or lessees, in maintaining or repairing said linea shall be adjusted at the expense of said corporation, its successors assigns or lessees. And this right of way is granted subject to the understanding FIRST* That the permission of the mupioipeloffioers of the city or, town on which this Tight ofway is located must first be obtained in writing, subject to such regulations as the health and safety of the citizens and the security of public traverl may be presoxibed-by.the duly,00nstituted authorities thereof. SECOND: That in the event that the above described right of way or an; portion of i! is abandoned and not used for electric transmission or distribution pur poses, the dorporation shall convey the abandoned or unused portion of this right of way back to the ownei in -fee of the land. The'providions hereof shall apply to and bind the heirs, legal re presentatives sudoessors, assigns and lessees of the undersigned and said oorpor ation, respectively. i Signed, seaied and delivered on, the 4th day of Julie 1936--- William 935 William H.Van Steenberah L.E. AND said Roswell P.Kinney covenants as follows: FIRST: That said Roswell P.Kinney is seized of the said premises in fee ale, and has good right to convey the sane. SECOND: That the party of the second part shallquietly enjoy the se.id premise-. \OURTh That the said premises are free from incumbrances. That the parties of the first part willexeoute or pr sure any further necesce of the title to said prem *s. hat said Roswell P,.Kinner will forever Warr the title to said premises SS MERROF the parties of the first p t have hereunto set their hands a " p and year first above mitten.In the presenRo ell P.Kinney L.S. James T.Aspbuor J. Kinney L.S. i STATE OF NEW YORK COUNTY CF DUTOHEss :SS. On'the twenty second before me personally came Roswell P. i III the individuals described in, an who that they executed the same. j $31.00 stamp Recorded K5pfr.22, 1932. 4--23 P.M. �o rya 7 of November nineteen hundred and thirty two d Flora J.1inney hie wife to me ]mown to be ted he foregoing instrument, and acknowledted'; James T.Aspbury 11 terry Public tohees County,N.Y. 4 V?cp 7) Clerk. f 0opyist_M Kf IN obneideration of the aum of One Dollar ($1.00) and other goed and valuable oonaiderations,paid',,to'the undersigned by Central Hudson Gas and Electric Corparatien, the receipt whereof is hereby acknowledged, the undersigned herebygrant and convey unto the said corporation, its successor$ and assigna,an:easement and right. of way sixty (60) f set in width through its extent, in, upon, over and across the, lands . of the under signed,including roads thereon and adjacent thereto, situated in the Town of lappinger, Ocunty of Dutchess and State of New York, the exact location thereof to be selected by said corporation after its final surveyshave been made. Tranamission line extending from property of Frank Green on the southeast in a northwesterly direction to land of Heleaa Ackert, th.enoe fiom land of Helena Ackert on the south, in a northerlq . direction to Wappingei Creels and,land of Lee Jackson, a shown on Central Hudson Gas ancl{ �,iL d .N Electric Corporation's M8p-No.21105, hereto annexed and made a part hereof. Right to remove brush and trees thirty (30) feet each side of poles and any other trees which may menace operation of the line. The owner to have all wood, the locust trees to be out- by the said corporation at its own expense in lengths for postefor the owner. The poles shalibe constructed of wood and there shall be no steel towers erected in,ovar or upon said right* of -way. Together with the right at all times to enter thereon and to have access thereto and to construct, op er ate and maintain thereon and to r epair, replmoe, protect and remove, line of po3e a, cables, cross arma,kuys, braces and all other appur- t enanoee or fixtures adapted to t he present and future needs,uses and purposes of said corporation, its successors, assigns, and lessees. Together with the right to trim, out anal, r en ov a at ark time such trees and other objeots thereon and on adjacent property of the undexsigned,as in the judgment I of said corporation, its suceeasors, assigns and lessees,'may interfere with, d>etruot or endanger the construction, operation or maintenance of said rights,lines and fixtures or any thereof. Reserving unto the undersigned the right to cultivate the ground between said poles and beneath said wires and fixtures, provided that such use of said grcu nd shall not interfere with, obstruct or endanger any of the rights granted as afore said; and prodded that damage to the property awned by the undersigned caused solely by, said corporation., its successors, assigns. or lessees, in maintaining or repairing said limes shall be adjusted at the expense of' said corporation, its successors, assigns or lessees. And this right-of-way is granted subjeot to the understanding FIRST, That the permission of the municipal off Joe .re of -the city or town in which, this right-of-way is located must first be obtained in wriiing,subject to,' such regulations as the health and safety of the citizens and the security o.f public travel may be prescribed by the duly ponstituted authorities;thereof,. MOND, That ittthe event that .the above described right-of-way or any portion of -it is abandoned and not used for electric transmission or distribution purpm ea the corporat ion shall convey the abandoned or unused Dartion of this right--of-way back to the owner in Yee of the land. I, The provisions hereof shall apply to and bind the heirs,legal repre-- sentatives, sueoaasars, assigns, and lessees ofthe undersigned and said corporation, re"4 speotively. Signed sealed and delivered on the 25th day of October 1932. f i Simeon H.Oh in L.S. -In.presence of. residing at 930 Fifth Avenue, New xorkOitji yi,, Christian Beyer William H.Yan Steenbargh L.S. ! residin at 4.12 Shore Road Dohlaston I'. Percy A. (Pawel7 New York. ' . ill P.F.OobZsy Samuel Y.Y,Huntington L.S. residing at 21 E.66th St.. New, York Uity. e Society For Christian Work Of The (Seal) Collegiate ate dha rch of St.Nicholas py Harry A.Kinpoats, President STATE OF NEW YORK y �! COUNTY OF NEW YORK Iss. 11 On this 31st day of October 1932, before me personally c ame 1 39 4 CopyistJ N In consideration of the sum of $1.00 paidto the undersigned by Central Hudson Gas and Electric Corporation a corporation of the ;tate of New York and having its principal office at 50 Market StreetJoughkeepsie, State of New York, and a corporation of the State(s) of ! and having its principal office at in the State of! and L a.t in the State of the receipt of which is hereby acknowledged, the undersigned hereby grants) unto the said Corporations and either of them their respective successors, assigns and lessees a right of way and the right to construct, operate,relo-� cate and maintain and to repair, inspect and remove any and all lines of poles for present and future needs, including cables, wires, cross -arms guys, braces, anchors and other fixtures upon highways adjoinigg the property which— own or in which _ have an interest, situate in the Town of Wappingers, County of Dutdhess State of New York said line(s) to be located as: specified on the St. Nicholas Lane Road together with the right to cut ani trim any trees along said lines and to keep the wires cleared 3 feet and to attach to t rees on the highways which adjoin said j property such guy wires as said Corporations or either of them may deem necessary. The undersigned agrees to accept -in full payment and satisfaction for a the rights granted aforesaid the sum of $1.00 whin h shall be paid when construction is begun. The provisions hereof shall apply to and bind the. heirs, legal represen- tavies, successors , assigns and lessees of the undersigned and said Corporation(s) respectively. Signed,sealed and deiivered on March 14th,1928 G#m. H. Van Steenbur�h L.B. in the presence of 1 Residing at not legible Axid txx ]]aniel V.V.Huntington L.S. Residing at 0 Madison Ave. N.Y. Oxxthim 3rd day of ) Simeon B.Chapin. STATE OF NEW YORK Residing at 930 Fifth Ave. New York City, COUNTY OF NEW YORK :SS, On this 3rd day of April 1925 before me the subscriber personally appeal William H.Van Steenburgh to me personally known and known to me to be one of the indivi described in ani who executed the foregoing instrument and she duly acknowledged to me that she eexecuted the 'same. Rosa M.Morris Notary Public Kings Co. N.Y.CoXlerk N0.29 STATE OF. N,Y.Ro.Reg. No.90M COUNTY OP`— :SS. On this day of March 1925, before mq the sub9c Tiber personally appeare Simeon B.Chapin to me personally known and :mown to me to be one of the individuals des- cribed in and who executed the foregoinginstrument and he duly acknowledged to me that he executed the same. STATE OF NEW YORK COUNTY.OF MW YORK ;35. On this 20th day of March 1929 before me the subscriber per appear Samuel V.V.Himiington to me personally known and known to me to be bhe of the individual described in and who executed the foregoing.instrumsnt and he duly acknowledged to me th he executed the same, James Van Steenberg Notary Public Record ad Feb. ?i, 1929. 4--31 P.M: Clerk 4t2 Copyist M.K. RECEIVED FROM TIE WAPPINGERS ELECTRIC CORPORATION A Corporation of the State of Now York, having Its principal 2eatWappingers s,N.Y. One Dollar ($1.00) in consideration of which we hereby grant unto said company Its successors and assigns, the right, privilege, and authority to construct, reconstruct,_ relocate, operate, repair, maintain, and at its.pleasure remove, its Electric lines for Light, Heat and Power,eto including such poles, crossaTms,wires, cables, buys, stubs, anchors, brace poles,fixtures and other appaxatus as said Company may now or from time to time deem necessary along upon and across the highways which adjoin or are upon the property, and upon,over and along the property which we own or in which we have an interest situate In the Town of Wappingers, County of Dutohess, S ate of Now York, with the right to trim from time to time any trees along said lines as from time to time maintained to keep the wires cleared at least forty eight inches; and to attach to trees on said property and on the highways which adjoin or are upon said property such guy wires as said Company may now and fromtime to time deem necessary, and in full satisfaction and payment -therefor. IN WITNESS WHEREOF We have hereunto set our hand and seal the 12th day of January .in the year 1925. Signed,sealed and delivered in the presence of Witness., Fred B.Sanders asto Wm. 0. Stoutenburgh L.S. Witness, Fred B.Sanders as to Laura A.Stoutenburgh L.S. STATE OF NEW YORK COUNTY OF :SS On this 14th day of January in the year nineteen tLundred and 25 before me personally came Fred B.Sande�rz subscrilging witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn-,---d-id depose and say, that be resided at the time of the execution of said instrument and still resides at Wappingers Falls, N.Y. that he Is and then was acquainted with Wm. O. Stout enburg— Laura A,Stoutenburg_ and knew them to be Laura A. Stoutenburg and Wm. 0. Stoutenburg the Individuals described in , and wha executed the foregoing instrument, and that he, said subscribing witness was present and saw them execute the same, and that they acknowledged to him, the said Fred B.Sanders that they executed the same; and that he, said witness, thereupon subscribed his name as a witness thereto. R . lAurswald (Seal) Notary Public Recorded Max -5,1925. 3-33 P -M - Clerk. �CD(�2 C/ NOTES 1, THE DESIGN, CONSTRUCTION AND INSTALLATION SHALL BE IN ACCORDANCE AND GENERALLY ACCEPTED STANDARDS IN EFFECT AT THE VITH,THIS PLAN TIME OF CONSTRUCTION WHICH INCLUDE / 'APPENDIX 75-A. WASTE TREATMENT - INDIVIDUAL •0LISEHOLD SYSTEMS, NEW YORK STATE SANITARY CODE.' _ 'WASTE TREATMENT HANDBIIOK, INDIVIDUAL HOUSEHOLD SYSTEMS, NEW YORK STATE DEPARTMENT OF HEALTH." 'RURAL WATER SUPPLY, NEW YORK STATE DEPARTMENT OF HEALTH,' 'PLANNING THE SUBDIVISION AS 'PART OF THE TOTAL ENVIRONMENT, NEW YORK STATE DEPARTMENT OF HEALTH.' 'NEW YORK STATE DEPARTMENT AND DUTCHESS COUNTY _OF�HEALTH DEPARTMENT DF HEALTH PCILICIES, PROCEDURES AND STANDARDS.'- 'DUTCHESS COUNTY DEPARTMENT OF HEALTH SANITARY CODE, ARTICLE XI AND ARTICLE XIX,' DUTCHESS COUNTY DEPARTMENT OF HEALTH CERTIFICATE OF - APPROVAL LETTER,' Z THIS PLAN IS APPROVED AS MEETING THE APPROPRIATE AND APPLIED TECHNICAL STANDARDS, GUIDELINES. POLICIES AND PROCEDURES FOR ARRANGEMENT OF SEWAGE DISPOSAL AND TREATMENT AND WATER SUPPLY FACILITII=SI AND, AS A CIINDITION OF THIS APPROVAL A CONSTRUCTION INSPECTION BY A REPRESENTATIVE OF THE DUTCHESS COUNTY HEALTH DEPARTMENT AND A PR13FESSIONAL ENGINEER SHALL BE DONE TO DETERMINE % --THAT THE CONSTRUCT 0k AT THE. -T{ME or__ NSPECTIOk WAS COMPLETED IN _ GENERAL C13WORMANCE WITH THE APPROVED PLA`45 AND ANY ANENPMENT THEREOF.' NEW YORK STATE LICENSED PROFESSIONAL t4UiNEER SHALL CERTIFY IN WRITING THE TO THE D,C.H.D. THE CONSTRUCTION INSPECTION ERETOF APPROVAL VALID 3. 'APPROVAL OF ANY PLAN(S) OR AMENDMENTTHERETO FOR A PERIOD OF FIVE (5) YEARS FOLLOWING THE EXPIRATION OF SAID APPROVAL, THE PLAN(S) SHALL BE RESUBMITTED TO THE COMMISIONER OF HEALTH FOR CONSIDERATION FOR RE-APPROVAL RE-SUBMISSION OR REVISED SUBMISSION OF PLANS WITH ANDTHE/TTEECHRCOALASTANDARDS, CAND OPRO ; GUIDELINES,BPOLICIES PROCEDURES IN EFFECT AT THE TIME DF THE RE-SUBMISSION' IN 4, ALL WELLS AND SDS EXISTING OR APPROVED WITHIN 200' OF THE PROPOSED WELLS AND SDS ARE SHOWN ONTHISPLAN ALONE WITH ANY OTHER ENVIRON- MENTAL HAZARDS IN THE AREA THAT NAY AFFECT THE DESIGN AND FUNCTIONAL ABILITY OF THE SDS AND WELL. 5 ALL S THE INSTALLATION E APROPOSED EMWELLS ND PLACE T OFTHE SERVICE LIN TO THED WELLING. 6. AT LEAST FIFTEEN (15) DAYS PRIOR TO CONSTRUCTION OF A WELL, THE WELL DRILLER OR OWNER SHALL APPLY TO THE D.C.H.D. FOR A PERMIT TO CONSTRUCT A WELL. ARF 7 THE PROPOSED SEPTIC TANK SHALL BE TESTED FOR LEAKAGE SUBSEQUENT TO INSTALLATION. THIS TEST MUST BE WITNESSED BY THE D.C.H.D. FIELD INSPECTOR AND A PROFESSIONAL ENGINEER, THIS TEST MUST BE CERTIFIED IN WRITING BY THE PROFESSIONAL ENGINEER. TAX MAI H. ANY FILL AND IMPERVIOUS COVER MUST BE IN PLACE AND A PROFESSIONAL ENGINEER SHALL CERTIFY IN WRITING THAT THE LOCATION, DIMENSIONS, AND - MATERIAL OF THE FILL. ARE SATISFACTORY TO ALLOW INSTALLATION QF .THE 'p SEWAGE DISPOSAL SYSTEM: 9 THAT THE EXISTING SEWERAGE DISPOSAL SYSTEM AND WATER SUPPLY WAS INSTALLED ' PRIOR TO THE DATE OF THIS APPROVAL AND THEREFORE THIS APPROVAL ,SHALL NOT - BE CONSTRUED TO MEAN THAT THE FUNCTIONAL ABILITY OR ADEQUACY OF THE SEWERAGE DISPOSAL SYSTEM AND WATER SUPPLY ON LOT NO. I HAS BEEN APPROVED OR ACCEPTED, �. 10. UPON COMPLETION OF THE FACILITIES, THE FINISHED WORKS SHALL BE 'INSPECTED, TESTED. AND CERTIFIED CDMPLETE.TO THE DUTCHESS COUNTY HEALTH DEPARTMENT BY THE NEW YORK STATE LICENSED PRI3FESSIWL ENGINEER SUPERVLSING CONSTRUCTION, NO PART OF THE FACIL:TIES SHALL BE PLACED INTO SERVICE UNTIL ACCEPTED BY THE DC.HD',, 1]. NO FOOTING, OR ROOF DRAINS SHALL BE DISCHARGED INTO THE SEWAGE TREATMENT SYSTEM OR WITHIN 25' OF ANY WELL ' 12. THE DUTCHESS COUNTY HEALTH DEPARTMENT SHALL BE NOTIFIED PRIOR TO THE BACKFILLING OF ANY COMPLETED SDS SO THAT A FINAL INSPECTION MAY BE PERFORMED. 13. THE DUTCHESS COUNTY HEALTH DEPARTMENT SHALL BE NOTIFIED SIXTY DAYS PRIOR TO r�4 ANY CHANGE IN USE USE CHANGES MAY REQUIRE REAPPROVAL BY THE D,C.H.D. SITE DATA: +o TOTAL AREA: 4,047 ACRES BRE—DEL ENTERPRISES, INC. 5.962 ACRES ANDLYN ASSOCIATES, INC. ail 10.009 TOTAL ACREAGE p I / s! REQUIRED PROPOSED MINIMUM LOT AREA 15,000 SF 37,896 SF MINIMUM LOT WIDTH 100 FT 250 FT x MINIMUM LOT DEPTH 150 FT 150 FT MINIMUM. STREET FRONTAGE 100 FT 255 FT MINIMUM FRONT YARD SETBACK 25 FT 85 FT v� MINIMUM SIDE YARD SETBACK 20 FT 24 FT MINIMUM REAR YARD SETBACK 30 FT 30 FT