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Hunt Subdivision A.K.A Lee Knolls (2)v 2015-247 Resolution Confirming Acceptance Of Varioug Town Roads At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Ivliddlebush Road, Wappingers Falls, New York, on November 23, 2015. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following was recorded: Record- ResofuivorE _... _ Yes/Aye No/Noy Abstain Absent ©Adopted Barbara Gutzler Voter — -- — — L Adopied as Amended . .... ........ -- Voter - ❑ _ ❑ — ----- .____ EI Defeated _.._..._____.......__.._..__.__...__.____.._.._--_-_---.x_.-_-__ T -L Beale WilEiatnK Beale Whin Seconder _, E� ___�---- ❑ ❑ __n- -. ------------- 0 Tabled D Withdrawn [I - ---- Ismay Czarniecki_ _ _ _— Votez --- © _ ❑ - . —__ -._.a_._._. ❑ _ . -.__g _ miehael Y,=iicz Mover E ❑ ❑ ❑ The following Resolution was introduced by Councilman. Kuzmiez and seconded by Councilman Beale. WHEREAS, the Highway Superintendent has raised some concerns regarding why certain roads were not included in a Chips Report and whether or not such roads have, in fact, been properly accepted by the Town as Town highways and/or the Town has assumed operation and maintenance of same pursuant to Orders of New York State Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. ' 2. The Town Board hereby confirms following: A. Farms End Road was deemed accepted as a Town highway pursuant to an Order of the Superintendent of Highways dated December 22, 1998 and approved by action of the Town Board dated December 22,1998; B. Newtown Road was accepted as a Town road when the Town acquired same by deed from Dutchess County pursuant to a Resolution adopted by the Town Board on August 11, 2008. (Newtown Road was originally accepted as a Town road by deed from Auklo Realty Corp. to the Town of Vi%appinger by deed dated October 17, 2001 and recorded in the Dutchess County Clerk's Office on January 31,.1-004 at document.# 02 2004 1914 however, the County acquired same by reason of an unpaid tax lien which resulted in the transfer referenced above.); C. Norman Court was accepted as a Town road pursuant to a deed dated November 21, 1991 and recorded in the Dutchess County Clerk's Office on December 30, 1992 in Liber 1923 at Page 259; . D. Erin Sue Drive was accepted as a Town road pursuant to a deed dated June 22, 1995 and recorded in the Dutchess County Clerk's Office on August 7, 2000 as document # 02 2000 6903; and E. Alfreda Drive was accepted as a Town road pursuant to a Resolution adapted by the Town Board on September 22, 2008 however, for reasons unknown, the original deed to said road was never recorded with the original thereof being in possession of the Town Clerk; the Town Clerk is hereby directed to record the deed to Alfred& Drive as soon as practicable after the adoption of this Resolution. The Town Board further confirms that Old Route 9, originally a State road, (and also known in the Town as Old Route 9, Old Post Road, Barrister's Row, Old Route 9 North and Old State Road East), has been turned over to the Town of Wappinger for operation and maintenance pursuant to several Orders of the New York State Department of Transportation, specifically Orders dated August 7, 1933; March 7, 1969 and November 7, 1988, and also pursuant to Resolution of the Dutchess County Board of Supen isors by Resolution 172-1969. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kurtnicz, Councilman SECONDER: William H. Beale, Councilman. AYES: Barbara Gutzler, William H. Beale, Michael Kuzmicz ABSENT: William Ciccarelli, Ismay Czarniecki Dated: Wappingers Falls, New York 11/23/2015 The Resolution is hereb�v did Adopted. P. PAOI, TOWN CLERK RES -2008-293 Resolution Accepting Reads, Easements, Utilities and Other Public ITzpro.. Page 1 of3 Town of Wappinger Now York Resolution RES -2008-283 p Adopter . 20,c W 7'.0 Resolution Accepting Roads, Easements, Utilities and Other Public improvements in Phase IV of the Lee Knolls Subdivision Together with Maintenance Agreement Secured by Letter of Credit Information Department: Town Board Sponsors: Supervisor Christopher John Colsey Category, Agreements, Functions. None Contracts, teases Financial Impact n/a i Body --- u - WBE REAS, Paul Hunt had previously grade application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision map entitled "Lee Knolls Phase IV" prepared by Oswald & Gillespie, P.C_, dated. December 10, 2001, last revised October 21, 2002 (hereinafter the "Subdivision -)i and WHEREAS, the Town of TYWappinger Planning Board granted Final Conditional Subdivision ,Plat Approval for the Subdivision, by Resolution dated March 18, 2002, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution,. and subject to certain improvements being made and construct -,d as shown on the aforesaid Subdivision Map and related drawings, all in accordance with the Tour of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS:, O'Donnell Builders of Dutehess, Inc, purchased the subdivision and has completed development of the subdivision.. including all of the improvements as required by the Resolution of Final Subdivision Plat Approval dated March 18, 2002, and WHEREAS, the Town Board has determined it is in the best interests of the residents of the Town of Wappinger, particularly the residents of tboe Phase IV of the Lee Knolls Subdivision, to wept the roads, easements, utilities and tither improvements that have been constructed within this subdivisioa, and WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger, O'Donnell Builders of Dutchess, Inc. is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and Nvorkmanship for a period of one year from the date of acceptance by the ToANu-; and WHEREAS, to secure the obligations to guarantee the .quality and workmanslup of the improvements, O' -Donnell. Builders ofDutchess, Inc. has executed a Maintenance Agreement secured by a Letter of Credit issued by M.&T Bank. bearing No- SB -906323-2000 in the sura of T-wenty-Three Thousmnd_ 'T'hrf-P Riindn- , RES -2008-'283 Resolution accepting roads, Easements, Utilities and Other Public Inapro_.. Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED, as (allows, l . The recitations above set forth are inoorporated in this Resolution as if filly set fob and adopted herein. 2. The Town Board hereby determines that it is in the best interests of the residents of the Town of Wappinger, particularly the residents of Phase IV ofthe Lee Knells Subdivision, to wept the roads, easements, utilities and other related irmprovernents made and constructed in connection with said Subdwision and hereby accepts same upon delivery of the original Maintenance Agreement secured by a Letter of Credit, above mentioned. 1 The Town Supervisor, Christopher Colsey, the Engineer to the Tarn, Robert J. Gray, and the, Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, .and: any related bills of sales, recorded and/or filed in the Offi;of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing. 4_ The Maintenance Agreement executed by O'Donnell Builders of Dutehess, le,, with an,Gf ce at Summerlin Plaza, Suite 216, 942 Route 37E, Wappingers Falls, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted -as the guaranty that the quality and workmanship. of the improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Irrevocable Letter of Credit issued by M&T Savings Bank, bearing No. SB - 906323 -2000 and issued in favor of the Town of Wappinger in the sura of Twenty -Three Thousand, Three Hundred Twenty Eight Dollars and 00/100 ($23,328.00) securing the obligaticm set forth in the Maintenance Agreement, is hereby accepted as security for the faithful obligation set forth in the Mai terzance Agreement & The Town Board hereby acknowledges that O'Donnell Builders of }Duchess, Inc. has completed all of the work required by the Planning Board's Resolution of Final Conditional Subdivision Plat Approval and that the Performance Agreement executed. by Paul Hunt has been fully honored and the duties under that agreement have been discharged and the Town Board hereby aathorizes the Town Clerk to release any Letter of Credit posted as security for said Performance Agreement upon the To—vm -Clerk's receipt of the above referenced Irrevocable Letter of Credit in the form acceptable to the Attorney of the Town. Meeting History Sep 2 , 2008 7:00 PM Video Town Regular Meeting Board RESULT ADOPTED [[JNAMMOUS1 MOVEF . Lrinceiit Bettina, Caur iiinah SECONIJDOER: William H_ Beale Councilman AYES.-ChTistop r John Colsey, Wi.ffiam H. Beate Vincent Bettina, Maureen McCarthy ABSENT: Joseph P. Paoioni Public Discussion ' Add Comment RES ?00&283 Resolution Accepting, Roads, Easements, Utilities and Other Public hnpro_.- Page 1 of.3 Town of Wappinger New York do�ted zoo �'0 Resolution RES -2008-2.83 Resolution Accepting Roads, Easements, Utilities and Other Public Improvements its Phase Zit of the Lee Knolls Subdivision Together with Maintenance Agreement Secured by :Letter of Credit Information Department., Town Beard Category. Agreements, Contracts, Leases Financial Impact Sponsors: Functions-- SupervIs€ar Christopher John Cosey None Body WHEREAS, Paul Dunt had previously made application to the Tawe of Wappinger Planning Board to approve a subdivision of lands more particularly desczibed in a subdivision neap entitled `Lee Knolls Phase Imo' prepared by Oswald & Gillespie, P,C_, dated Dec=ber 10, 2001, last revised October 21, 2002 (hereinafter the `'Subdivision"); -and. WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Plat Approval for the Subdivisiorz by Resolution dated March 18; 2002, subject to, and condstioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as sho wn on the aforesaid Subdivision Map .and related drawings, all in accordance with the To�N-1 of Wappinger Subdivision Regulations, .honing Code, Plighway Specifications, and Rules and Regulations of the Town, and V ER.EAS., O'Donnell Builders of Dutchess, Inc, purchased the subdivision and has completed development of the subdi idsion_ including all of the improvements as .requ d by the Resolution of Final Subdivision Plat Approval dated hlarch 19, 2002; .and WHERE A5, the Town Beard has determined it is in the best interests of the residents of the- Town heTown of NXTappinger, particularly rthe residents of Phase IV of the Lee Knolls Subdivision, to accept the roads, easements, utilities and other improvements that have been constructed -witbin this .subdivisions and. AREA'S, pursuant to the Subdivision Regulations of the Town of Wappinger, O'Donnell Binders of Dutchess., Inc. is required to guarantee that the gualit� and workmanship of the improvements accepted by the Town will be - free from defects in materials and workn anship far a period of one year fmm the date of acceptance by the Town; and VVREREAS; to see the obligations to guarantee the quality and work anship of the improvements, O'Donnell Builders of Dutchess, Inc. has executed a Maintenance Agreeement sec=d by a Letter of Credit issued by M&T Bank bearing No. SB -906323-2000 in the mm of Twent7-Three Thnzroi nti- `T`i't-me. 4nnt rnd TwPTvfz Fier1-rt F3rtl1are urrA 04)11 nn M I'z 'I"YQ nn RES -2008283 Resolution Aeceptiag Roads, Easements, Utilities and father Public Impro_,. Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED, as follows:I I . The recitations above set forth are incorporated in this Resolution as if fully set: forth artd adopted. herein. 2. The Town. Board hereby determines that it is in the best Interests of the residents of the T-a%m of Wappinger., particularly the residents of Phase IV ofthe Lee Knolls Subdivision- to acoept the roads, easernents, utilities and other related improvements made and constructed in oormectio n with said Subdivision and hereby accepts sam,-, upon delivery of the original Maintenance Agreement secured by a Letter of Credit, above ntied- 3 _ _ The Town Supervisor, Christopher Colsey, the Engineer to the T&Nvn, Robert J. Gray, and the A.ttomey to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any related hills of sales, recorded and/or filed m the Off ioe :of the Dutehm Comty Clerk and to execute any and all documents nwessary for such record g an&or filing. 4. The Maintenance Agreemerkt executed b3' O'Donnell Builders of Dutchess, Inc., with an office at Sunerlin. Plana, Shite ? l 6, 94? Route 3 76, Wappingers Falls, New York, as Obligor, in favor of the Tovm -of Wappinger, as Obligee, is accepted 'as the guaranty that the quality and workmanship. of fe improvements will be free from defer in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision vf Regulations the Tawn of Wappinpr. 5. The Irrevocable Letter of Credit issued by M&T Savings Bank, bearing No. SB - 9063232000 and issued in favor of the Town. of W- appinger in the sum of T iventy-`free Thousand., Three Hundred Twenty -Eight Dollars and 001100 ($231328.00) securing the obligation set forth in the Maintenance Agreement, is hereby accepted as security for the faithful obligation set forth in the Maintenance Ag mer; t, 6_ The Town Board hereby acknowledges that O'Donnell Builders of Dutchess. Inc, has cornpletzad all of the work required by the Planning Boards Resolution of Final Conditional Subdivision Plat Approval and that the Performance Agreement executed by Paul Hunt has been illy, honored and the duties under that agreement have been discharged and the Town Board hereby authofizes the Town Clerk to release any Lettar of Credit posted as security for said Performance Agreement upon the ToNNmClerk's receipt -of :the above referenced Irrevocable Letter of Credit iii the form acceptable to the Attorney of the Town. Meeting Hist=ory SeP 22, 2008 7:00 PM Video Town Regular Meeting Board R€SULT, ADOPTED [UNAXIMOUS] MOVEp= "ermcent Bettina, Counditman. S XsEMR: William H. Beale, Ccaunrilman AYES: Chr3sta} her . ro to Colsey, William H. Beate, Vincent B jr'a, Maureen Mccaft�y ASSENT: Jeseph P Paoioni Public Discussion Add Comment DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: RECORDED: 0$/07/2000 ROMBOUT ABSTRACT -CO PO ,1307E 227 AT: 14:52:57 BEACON NY 12506 DOCUMENT #: 02 2000 6903 RECEIVED FROM: ROMBOUT ABST GRANTOR: HUNT PAUL GRANTEE: WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE: RW DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 29.00 NUMBER OF PAGES: TRANSFER TAX AMOUNT: -0- TRANSFER TAX NUMBER: 4-000174 4 E & A FORM: N *** DO NOT DETACH THIS PAGE *** THIS IS NOT A SILL TP -584: N 0 0 9 COUNTY CLERK BY: FRS / RECEIPT NO: R44444 BATCH RECORD: B00022 OF M W RICHARD M. ANDERSON County Clark 4'c. O N (D 0) M IL N C M O O O' O O N C\1 O *k U O t� V t7 C V;Cim OV//�ppRy Htonesrd N.Y.a.ZII. Ferro 89UY: Ht�rytnlnk mn detd. JLILYUB SLUMaLe6� 1 We.. LI.W HLhNK PataLtaH� l xlta cenertent aeWa+L arentor'r eN+-- t�l. or Cory.: elnale sheet "� ' CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT — THIS tNSTaUMENT SHOULD OF USED SY LAWYERS ONLY THIS INDENTURE, made the -W'1 day of June , nineteen hundred and ninety—five BETWEEN PAUL HUNT, residing at Judy Lane, Ffshkill, New York 12590 party of the first part, and TOWN OF WAPPINGER, a municipal corporation with an office located at Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 _.._ . party of the second part, WITNESSETH, that the party of the first par�"fn jonsideration of Ten Dollars and other valuable consideration paid by the party of the second part, doesr y rant and release unto the party of the second part, the heirs or successors and assigns of the party of the tj pari forever, ALL that certain plot, piece or - arceI bf land With the buildings and improvements thereon erected, situate, lying and being in the Townof _ aPgingr,� unty of Dutchass and State of New York and being more particula X-bod'd a described in Schedule "A" attached hereto. :t' A VdiIX THIS PROPERTY IS BEING CONAIRDUBLIC 11IGf1WAY MUMS. t1 111 TOGETHER with all right, title and interest, if any. of ibe party of the first part in and to any street$ 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 thatthe party of the first part lies 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 wlth 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 w11 apply the same first to the payment of the cost of the improvement he ore using any part of the total of the tame for any otherJ?urpose. The word "party" shall be construed as if it read "parties whenever the sense of this indenture so requires. M WITNESS WHEREOF", the party of the first part has duty executed this deed the day and year first above written. IN PRESENCE OF: G7SV _ PAUL HUNT V' STATE OF NEW YORK, cOUNTY OF DUTGRESS Sal On the �"°ay of June 19 95, before me personally came PAUL HUNT to me known to be thee described in ho executed the foregoing msfrumenti and acknthat owl gad he executed the as e. Quakhod ib MOMS GounV Commisaten Expires August 31, 19� STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of The corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was to affixed by order of the board of directors of said corpora- tion, anti that he signed h name thereto by like order: Pargai11 AiID ibear 39Clh WITR COVENANT ACA1148T GasxYox_'S Acta T]TLF No. 0 �g 3 �d w u nt TO STATE OF NEW YORK, COUNTY OF s,: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foreggoing instrument, and acknowledged that executed the same - STATE OF NEW YORK. COUNTY OF Sar On the _ day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted,, who, being by me duly sworn, did depose and say that be resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION ]BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: Zip No. SCHEDULE "A't All that certain plot, piece or parcel of land with the buildings and improvements t1)A4'1reon erected, situate, lying and being in the Town of Wappinger, County of Dutchess and the State of New York. BEGINNING at a point along the northerly line of Ketchamtown Road and said point being the intersection of the northerly line of Ketchamtown Road with the southwesterly corner of Lot No. 2 as shown on a certain map entitled Subdivision for Paul Dunt Section I and filed in the Dutchess County clerkrs office as filed Map No. 9605, thence in a westerly direction along the northerly line of Ketchamtown Road, North 50-22-10 West 100.00 feet to the southeasterly corner of Lot No. 1 of the aforesaid filed map, thence in a northerly direction along the easterly line of Lot No - 1 in part and the westerly line of Erin Sue Drive the following courses and distances, thence on a curve to the left with a radius of 25.00 feet and a length of 39.27 feet to a point, thence North 39-37-50 East 36.90 feet to a point, thence on a curve to the left with a radius of 340.00 feet and a length of 89.09 feet to a point, thence North 24-37-00 East 186.79 feet to a point, thence on a curve to the left with a radius of 275.00 feet and a length of 53.54 feet to a point, thence North 13-27-39 East 168.26 feet to a point, thence on a curve to the left with a radius of 25.00 feet and a length of 21.74 feet to a point, thence on a curve to the right with a radius of 52.50 feet and a length of 61.91 feet to a point, thence North 13-27-39 East 76.90 feet to a point along the southerly line of the lands of now or formerly Keller, thence in a easterly direction along the southerly line of Keller South 38-35- 50 East '65.78 feet to the southwesterly corner of the lands of Keller, thence on a curve to the right with a radius of 52_50 feet and a length of 126.24 feet to a point along the easterly line of Erin Sue Drive, thence in a southerly direction along the easterly line of Erin sue Drive the following courses and distances, thence on a curve to the left with a radius of 25.00 feet and a length of 21.74 feet to a point., thence South 13-27-39 West 168.26 feet to a point, thence on a curve to the right with a radius of 325.00 feet and a length of 63.26 feet to a point, thence South 24-37-00 West 186.79 feet to the northwesterly corner of the aforesaid Lot No. 2, thence in a southerly direction along the westerly line of Lot No. 2 the following courses and distances, thence on a curve to the right with a radius of 390.00 feet and a length of 102.20 feet to a point, thence South 39-37-50 West 36.90 feet to a point, thence on a curve to the left with a radius of 25_00 feat and a length of 39.27 feet to the point of beginning. Containing 0.91 acres of land more or less. DUTCHESS COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: RECORDED: 08/07/2000 ROMBOUT ABSTRACT -CO PO BOX 227 AT: 14:52:57 BEACON NY 12508 DOCUMENT #: 02 2000 6903 RECEIVED FROM: ROMBOUT RBST GRANTOR: BUNT PAUL GRANTEE: WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE: RW DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 29.00 NUMBER OF PAGES: 4 TRANSFER TAX AMOUNT: -0- TRANSFER TAIL NUMBER: #000174 E & A FORM: N *** -DO NOT DETACH THIS PAGE *** THIS IS NOT A BILL TP -584: N 0 N ca O_ N c a`. M O O C O N N O zit U O V O C COUNTY CLERK BY: FRS / RECEIPT NO: 844444 BATCH RECORD: 500022 RICHAM K. ANDERSON County Clark 0 T Gal 1 acme,re ti.Y.a.l,phatIM S,ta 6008:a,t� ]tpa L al, ads, •'Ilh ,-a PIM rsalt,f,,QYi!•d. Or eOTD�r11at6 eLo[ VA'A-; eF wPor JN4�Y6 a1.YYiCKc. ENc.. LnW IILANK PYiLliif� 1 l CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT- THIS INSTRUMENT SHOULD BE USED BY CANNERS ONLY �J / 411 TIM 1NDZNTURi, made the �2A N dap of June , nineteen hundred and ninety-five. BETV#T" PAUL HUNT, residing at Judy Lane, Fishkill, Hew York 12590 party of the first part, and TOWN OF WAPPINGER, a municipal corporation with an off=ice ].orated at Town of Wappinger Town Rall, 20 Middj-ebush Road, Wappingers Falls, New York 12590 party of the second pert, WITNESSETH, that the parte of the firsL -e In consideration of Ten Dollars and other valuable consideration paid by the party of the second pert, doc:i z�y ant and rele�-e onto the party of the second part, the heirs or successors and assigns of the party of dietsec�itj part forever, ALL That certain plot piece or reel --of't With the Buildings and improvements thereon erected, situate, lying and being in the Town o appf fir, �� unty of Dutcheas and State of New York And being more particula` g.bo' d1 described in Schedule "A!' attached hereto. THIS PROPERTY IS BEING CONVEYED; . BLIC HrMAY PURPOSES. t t - 1 TOGETHER with all right, title and interest, if arty- of the party of the firstpart in and to any streets and roads abutting the above described premises to the center lines thereofi 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 IS 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 theimprovement before using any part of the total of the same for any other purpose. The word "party" *hall be construed as if it read "parties" whenever the sense of this indenture ao requires. IN WITNESS WHEREOF, the party of the first part hs« duly executed this deed the day and year first above written. IN PRESENCE OP. I i �v --"- PAtt1, ti[lN STATE OF HEW YORK. COUNTY OF DWG111ti55 as. On the a}'Rdity of Jun' 19 95, before me personally came PAUL AUNT to me known to be the described in 'ho executed the foregoing nstrument� and acknowl gcd that he executed the sa e. NOTA&X pt A HS L. PAG4NE5 NOTARY RIPC, Slate at New York Qualified if Wfchess County Gommisvan Expires August 31, 39 STATE OF NEW YORK, COUNTY OF LL[ On the day of 19 , before me personally came to me known, who, being by ms duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing instrament; that he knows the seal of said corporation; that the seal afirxed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora. tion, and that he signed h name thereto by like order. 35arylasn nub Bair tOub Wrru CovzwAmT Acetmr GMx aka Arra TrrLE No. G►s7 0 '3 u a a 4 O tl4 h a Z I A< STATE OF NEW YORK, COUNTY OF a= On the day, of 19 , before me personally same to me ]mown to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same STATE OF NEW YORK, COLWTY OF ssr On the _ day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom 1 am personally acquainted, who, beingby me duly sworn, did depose and say that he resides at No. that he knows W be the individual described in and who executed the foregoing instrument; that he, said subscribing witness; was present and saw execute the same; and that he, said witness, at the same time subscribed It name as witness thereto. SECTION EWCK. EAT COUNTY OR TOWN RETURN RY MAIL TO.- zip O:zip No. C SCHEDULE "A" v er n All that certain plot, piece or parcel of land with the buildings k and improvements tireon erected, situate, lying and being in the U Town of Wappinger, County of Dutchess and the State of New York. C BEGINNING at a point along the northerly line of Ketchamtown Road l and said point being the intersection of the northerly line of e Ketchamtown Road with the southwesterly corner of Lot No. 2 as r shown on a certain map entitled Subdivision for Paul Hunt Section I and filed in the Dutchess County Clerk's office as filed Map No. 9605, thence in a westerly direction along the northerly line of Ketchamtown Road, North 50-22-10 West l00.00 feet to the southeasterly corner of Lot No. 1 of the aforesaid filed map, thence in a northerly direction along the easterly line of Lot No. 1 in part and the westerly line of Erin S e Drive the following courses and distances, thence on a curve t0pthe left with a radius of 25.00 feet and a length of 39.27 feet to a point, thence North 39-37-50 East 36_90 feet to a point, thence on a curve to the left with a radius of 340.00 feet and a length of 89.09 feet to a point, thence North 24-37-00 East 186.79 feet to a point, thence on eY curve to the left with a radius of 275.00 feet and a length of 53.54 feet to a point, thence North 13-27-39 East 168.26 feet to a point, thence on a curve to the left with a radius of 25.00 feet and a length of 21.74 feet to a point, thence on a curve to the right with a radius of 52.50 feet and a length of 61.91 feet to a point, thence North 13-27-39 East 76.90 feet to a point along the southerly line of the lands of now or formerly Keller, thence in a easterly direction along the southerly line of Keller South 38-35- 50 East '65.78 feet to the southwesterly corner of the lands of Keller, thence on a curve to the right with a radius of 52.50 feet and a length of 126_24 feet to a point along the easterly line of Erin Sue Drive, thence in a southerly direction along the easterly line of Erin Sete Drive the following courses and distances, thence on a curve to the left with a radius of 25.00 feet and a length of 21.74 feet to a point, thence South 13-27-39 West 168_26 feet to a point, thence on a curve to the right with a radius of 325.00 feet and a length of 63.28 feet to a point, thence South 24-37-00 West 186.79 feet to the northwesterly corner of the aforesaid Lot No. 2, thence in a southerly direction along the westerly line of Lot No. 2 the following courses and distances, thence on a curve to the right with a radius of 390.00 feet and a length of 102.20 feet to a point, thence South 39-37-50 West 36.90 feet to a point, thence on a curve to the left with a radius of 25.00 feet and a length of 39.27 feet to the point of beginning. Containing 0.91 acres of land more or less. RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: HUNT SUBDIVISION - RESOLUTION OF 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 15th day of May 1995, at 7:30 P.M. The meeting was called to order by Chairman William Parsons and upon roll being called, the following were: PRESENT: Chairman - William Parsons Vice Chairman - Chris Simonetty Boardmembers - Donald A. Close Philip J. Dinonno Michael P. Franxese ABSENT - George Grimshaw Hugo Musto The following resolution was moved by cHRis SIMONETTY and seconded by MICHAEL P. FRANZESE WHEREAS, the Town of Wappinger Planning Board received the application of Paul Hunt for Final Subdivision Plat Approval for a 9 -lot subdivision of the second section of the property including a minor lot line realignment of Lot 1, Section 1 of the property; and WHEREAS, the Planning Board granted conditional Preliminary Plat Approval by resolution dated December 19, 1994; and HUNT SUBDIVISION (LEE KNOLLS - SECTION II) RESOLUTION OF FINAL PLAT APPR VAL WHEREAS, the Applicant has submitted the following seven (7) sheets of plans prepared by Barger Day & Oswald: 1. Sheet 1 of 7, "Metes and Bounds Information for Subdivision of Lee Knolls for Paul Hunt - Section II", dated November 18, 1994, last revised May 1, 1995; 2. Sheet 2 of 7 "9 Lot Subdivision of Lee Knolls For Paul Hunt — Section 2" dated July 22, 1994, last revised 5/1/95; 3. Sheet 3 of 7, "D.C.H.D. Details for Subdivision for Paul Hunt - Section II", dated July 22, 1994, revised 5/1/95; 4. Sheet 4 of 7, "D.C.H.D. Details for Subdivision for Paul Hunt - Section II", dated July 22, 1994, revised 5/1/95; 5. Sheet 5 of 7 "Road Profile and Construction Details", dated July 22, 1994, last revised 5/1/95; 6. Sheet 6 of 7 "Construction Details", dated 7/22/94, last revised 5/1/95; 7. Sheet 7 of 7 "Construction Details", dated 7/22/94, last revised 4/8/95; and WHEREAS, the Applicant is proposing to subdivide a 16.74 -acre portion, known as Section 2, of a 38.702 -acre parcel located within the R-40 District; and WHEREAS, the property is located on the northeast corner of Ketchamtown Road and New York State Route 9D; and WHEREAS, the subdivision involves the property known as Tax Lots 19-6157-01- 040515 and 19-6157-01-117501 in the Town of Wappinger, Dutchess County, New York; and HUNT SUBDIVISION (LEE KNOLLS - SECTION II) RESOLUTION OF FINAL PLAT APPROVAL WHEREAS, the Planning Board is familiar with the site and all aspects of the proposed action and has been satisfied that the proposed subdivision will conform to the requirements of the Zoning Law and the standards of the Land Subdivision Regulations; and WHEREAS, the Town of Wappinger Comprehensive Plan contains a Transportation Plan map which identifies a proposed Route 9D bypass road through Section 3 of the subject parcel; and WHEREAS, the Planning Board and the Applicant acknowledge that future development of the Section 3 portion of the property will need to address the issue of a Route 9D bypass road, but that said bypass road does not materially affect the proposed subdivision or development of Section 2; and WHEREAS, the Planning Board found that the proposed 9 -lot subdivision of Section 2 would result in the creation of nine (9) new building lots; and WHEREAS, The Planning Board found that a proper case exists for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger; and WHEREAS, the proposed development would result in an increased resident population, an increased use of existing recreational facilities and an increased demand for additional recreational facilities within the Town of Wappinger; and M HUNT SUBDIVISION (LEE KNOLLS - SECTION II) RESOLUTION OF FINAL PLAT APPROVAL WHEREAS, the Planning Board found that a park of adequate size cannot be properly located on the subject property due to environmental and topographic constraints and inadequate public access; and WHEREAS, the Planning Board will require the payment of a fee in the amount of $13,500 in lieu of the dedication of suitable parkland as a condition of final plat approval of Section 2; and WHEREAS, the Planning Board determined that a fee in lieu of the dedication of lands for recreation purposes would also be required for any lots created through the subdivision of Section 3 of the property; and WHEREAS, the Applicant is proposing the construction of a low berm to provide detention of stormwater runoff for storm events up to a "100 -year storm" in effort to mitigate existing downstream flooding problems in addition to the mitigation of the net increase in the rate of stormwater runoff due to the development of the subject parcel; and WHEREAS, during a "100 -year storm" event (i.e., a storm with a one -percent (1%) chance of occurring in any year), said mitigation of existing downstream flooding may result in a temporary backup of water on property on the south side of Ketchamtown Road owned by a Mrs. Reese for a period of approximately eight (S) hours before draining; and WHEREAS, even with very conservative calculations, the maximum area affected by the temporary backup of stormwater during a "100 -year storm" would be less than 22,000 square feet in area on said property south of Ketchamtown Road; and 4 HUNT SUBDIVISION (LEE KNOLLS - SECTION H) RESOLUTION OF FINAL PLAT APPROVAL WHEREAS, said area would not be adversely impacted by such a backup and said backup would not overtop Ketchamtown Road and would not significantly impact the ability to develop the property; and WHEREAS, the Applicant contacted the owner of the affected property, Mrs. Reese, to alert her to this potential impact during a "100 -year storm" event; and WHEREAS, the affected property owner provided a written statement indicating that said potential impact is acceptable; and WHEREAS, a duly advertised public hearing for preliminary approval was held on January 4, 1995 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 WHEREAS, on December 19, 1994, the Planning Board adopted a Negative Declaration and determined that the proposed action would not have a significant adverse impact upon the environment; NOW, THEREFORE, BE IT 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. The Planning Board hereby finds that a proper case exists for requiring that additional parklands be suitably located for playground and other recreational purposes within the Town of Wappinger, that suitable lands do not exist on the 5 HUNT SUBDIVISION (LEE KNOLLS - SECTION II) RESOLUTION OF FINAL PLAT APPROVAL _ subject property for such purposes and that a fee in lieu of land in the amount of $13,500 ($1,500 for each of the nine new building lots within this Section H) will be required at this time. A separate recreation fee will be required for each lot created through the subdivision of the Section 3 portion of the property as a condition of Final Subdivision Plat Approval for said section. 3. The Planning Board hereby waives the requirement for a public hearing on the Final Plat application on the grounds that no substantive changes to the plat have been made since the public hearing on the preliminary plat. 4. The Planning Board hereby grants Final Subdivision Plat Approval subject to the following conditions and modifications which must be satisfied prior to the signing of the final plat by the Chairman of the Planning Board: a. The Owner shall endorse a copy of this resolution and submit it to the Planning Board for its files. b. The Applicant shall submit the revised plat to the Dutchess County Department of Health for its review, approval and signature. C. The Applicant shall prepare a final subdivision plat in accordance with Section A-5 of the Town of Wappinger Land Subdivision Regulations. d. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject parcels have been paid. 1 HUNT SUBDIVISION (LEE KNOLLS - SECTION H) RESOLUTION OF FINAL PLAT APPROVAL e. The final plat and construction drawings shall be revised to address the comments of the Town Engineer's memorandum dated April 18, 1995, to his satisfaction. f. The Applicant shall also provide a written authorization in recordable form from Mrs Reese to permit the back up of stormwater on a portion of her property during a 100 -year storm event as described above and to the satisfaction of the Attorney to the Town. g. The plat shall be revised to provide an easement to the Town of Wappinger for the proposed drain line on proposed Lot 1. h. The deeds, easements, offer of dedication, and a pre -paid title insurance policy, in the amount of $10,000, naming the Town of Wappinger as insured, insured by an approved title company, of any and all lands reserved in fee for roads, drainage, flood control, park or recreational purposes shall be tended to the Town. i. A road inspection fee in the amount of $4,778.00, as estimated by the Engineer to the Town shall be paid to the Town of Wappinger. j. The Applicant shall submit a check made payable to the Town of Wappinger for the Downstream Drainage fee in the amount of $1,800 ($200.00 per each of nine newly created lots). 7 HUNT SUBDIVISION (LEE KNOLLS - SECTION II) RESOLUTION OF FINAL PLAT APPROVAL k. Said plat shall not be endorsed by the Planning Board until the improvements shown on the Construction Detail (Improvement) Plans, as modified, are completed by the Applicant to the satisfaction of the Superintendent of Highways, Town Engineer and Town Board within one (1) year from the date of this resolution, or alternatively, the Applicant has executed and posted a performance bond secured by a letter of credit in the amount of $191,137 with a term of one (1) year, approved by the Town board as to manner of execution, form and sufficiency to guarantee and assure full compliance by the Applicant with all the terms, conditions, requirements and provisions as set forth in this resolution. No building permit shall be issued for any lot until all road improvements up to and including the binder course of the pavement have been constructed up to and past said lot. 1. The Applicant shall provide a metes and bounds description of all lands to be dedicated to the Town of Wappinger subject to the satisfaction of the Town Engineer and Town Attorney. M. The Applicant shall prepare easements and declarations of restrictive covenants suitable for filing and to the satisfaction of the Attorney to the Town regarding grading over adjacent lots and restrictions on certain lots for the protection of the wetlands. HUNT SUBDIVISION (LEE KNOLLS - SECTION In RESOLUTION OF FINAL PLAT APPROVAL 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. 5. When the Applicant completes the improvements and dedicates same to the Town, they shall execute and post a maintenance bond, secured by a letter of credit in the amount of $31,856.20 (20% of $159,281.00, the estimated cost of improvements) with a term of one (1) year to assure the satisfactory condition of said work and improvements. 6. No soil shall be removed from any or all areas reserved for drainage and or flood control, park, playground, recreational and/or municipal purposes including all easements and rights-of-way except in accordance with the written direction of the Town Engineer. 7. No clearing or grading or excavation on the proposed public roads will commence without the written approval of the Town Engineer and until such time as the inspection escrow account has been established with the Town. 8. The Applicant, its successors and assigns, shall, at all times prior to the acceptance of the roads and improvements by the Town, keep the same in good order and working condition and maintain the proposed roads in such condition for the safe, free and unobstructed passage by motor vehicles of every nature and description in Z HUNT SUBDIVISION (LEE KNOLLS - SECTION II) RESOLUTION OF FINAL PLAT APPROVAL all-weather conditions and so that all improvements operate satisfactorily, and shall cause the removal of all snow and ice within 12 hours of its accumulation or within such time as determined by the Town of Wappinger Highway Superintendent. 9. The Applicant, its successors and assigns shall provide the name, address and telephone number of an agent, representative or private contractor who shall be responsible for the road maintenance and who shall be authorized to receive notice of any required maintenance work by the Highway Superintendent and that the roads and improvements shall be maintained in accordance with the Town of Wappinger Highway Specifications in effect as of the date of this resolution. 10. The developer shall place appropriate street signs and traffic control signs at the intersection with existing roads as directed by an agent of the Town. 11. Before the roads in the subdivision will be accepted as Town Highways the following shall be done: a. A bill of sale for any and all trunk and lateral sewer lines, water pipes, appurtenances and facilities required by the Town shall have been tendered to the Town. b. The following documents shall be submitted to the Town through the Town Engineer and the following work shall be done: (1) A certificate by a registered professional engineer or surveyor that the paved travelled way on all streets in the subdivision have been 10 HUNT SUBDIVISION (LEE KNOLLS - SECTION II) RESOLUTION OF FINAL PLAT APPROVAL completed within the bounds of the road as shown on the filed plat of the subdivision shall be submitted. (2) An "as -built" plan and profile on linen or mylar, plus three (3) prints of each, showing the location of all utilities, roadways, and drainage facilities and certified by a registered professional engineer that all such work, utilities and appurtenances have been installed as shown on the construction pians approved with the plat, in accordance with this resolution and with Town specifications in effect on the date of this resolution, shall be submitted. 12. No certificate of occupancy will be issued until the lot bounds are staked out and a possession survey of premises is filed with the Building Inspector containing legend that stakes have been set as shown thereon. 13. 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. 11 HUNT SUBDIVISION (LEE KNOLLS. SECTION II) RESOLUTION OF FINAL PLAT APPR VAL The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: William Parsons, Chairman Voting: AYE. Chris Simonetty, Vice Chairman Voting: 4,YE Donald A. Close Voting: a -YE Philip J. Dinonno Voting: kYE Michael Franzese Voting: AYE George Grimshaw Voting: &BSENr Hugo Musto Voting:_` The resolution is hereby duly declared adopted. Dated: May 15, 1995 Wappingers Falls, New York 4iffiam Parsons, Chairman D a fe' Town of Wappinger Planning Board Z4d aul Hunt, Property Owner Date soo\waPs-oas.akw 12 GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETF** THOMAS R. DAVIS RODERICK W. CIFERRI *ADMPITED TO PRACTICE IN NY & FLA. **ADInTI'ED TO PRACTICE IN NY & CONN. June 22, 1995 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 - (914) 298-2000 FAX (914) 298-2842 Town Board, Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attn: Hon. Constance O. Smith Elaine Snowden, Town Clerk, Town of Wappinger Re: Paul Hunt Subdivision Section II a/k/a Lee Knolls Dear Connie and Elaine: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS The above referenced matter is scheduled for acceptance of the subdivision bond at the June 26th Town Board meeting. Under cover of separate letter I have approved the form of the Performance Bond and Letter of Credit issued by First National Bank of the Hudson Valley. Unfortunately, in large measure due to Herb Levinson's absence, the remaining original documents to be approved by me and/or Jay Paggi have found their way either to my office or Elaine's. Hopefully this letter will clarify the procedures to be followed. At a meeting Tuesday morning held in Connie Smith's office, attended by Jay Paggi, Anthony Pagones, Esq., Paul Hunt (owner), and Craig O'Donnell (developer), it was determined that the following documents are required to be submitted in final form and approved by either me or Jay, prior to the Chairman of the Planning Board signing the subdivision map: June 22, 1995 Page 2 A. Deeds; 1. Snow Easement 2. Drainage Easement 3. Deed for Roadbed 4. Drainage Easeement from Francis Reese B. Offer of Cession for above deeds; C. Declaration of Restrictive Covenants (wetland areas); D. Declaration of Grading Easement; Pursuant to transmittals from Herb Levinson dated May 23, 1995 and May 30, 1995, Elaine Snowden was forwarded the following documents: 1. Drainage Easement between Francis Reese and Paul Hunt and the Town of Wappinger together with accompanying Gains Tax Affidavit and E&A form; 2. Performance Bond secured by a Letter of Credit (without the Letter of Credit);. 3. Irrevocable Offer of Cession. By hand delivery courtesy of Mr. Paul Hunt, I received the following original documents which I hereby approve as to form: i. Declaration of Restrictive Covenants regarding wetland areas executed by Paul Hunt dated June 6, 1995; ii. Declaration of Grading Easement executed June 6, 1995 (with handwritten correction made to first paragraph); iii. Grant of Permanent Drainage Easement through lot number 1 executed by Paul Hunt on June 6, 1995, together with Gains Tax Affidavit also executed by Paul Hunt on June 6, 1995; iv. Snow Easement dated June 6, 1995 executed by Paul Hunt together with accompanying Gains Tax Affidavit. PLEASE NOTE THE DECLARATION OF GRADING EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (FOR WETLAND AREAS) ARE TO BE RETURNED TO THE PLANNING DEPARTMENT TO BE GIVEN TO THE DEVELOPER FOR June 22, 1,995 Page 3 RECORDING SIMULTANEOUSLY WITH THE FILING OF THE SUBDIVISION PLAT. THE GRANT OF PERMANENT DRAINAGE BASEMENT, THE SNOW EASEMENT AND THE DEED FOR THE ROAD KNOWN AS ERIN SUE DRIVE ARE TO BE RETAINED BY THE TOWN CLERK PENDING THE ACCEPTANCE OF THE EASEMENTS ANDTHE ROAD BY THE TOWN BOARD. The Offer of Cession dated May 25, 1995 by Craig O'Donnell, individually and on behalf of his corporation, is unnecessary and may be discarded. The correct Offer of Cession is the one executed by Paul Hunt and dated June 22, 1995, which I submit herewith and which I approve as to form. This document should also be forwarded to the Planning Department for recording simultaneously with the subdivision map. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALB,tRKp�. ROBERTS APR/aew Enclosure cc: Linda Nguyen, Planning Board Secretary Planning Board Jay Paggi REPLY TO ATTENTION OR Regulatory Branch DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. 10278-0090 0 5 APR 2001 SUBJECT: Permit Application Number 2000 -01589 -YS by Paul Hunt Mr. Paul Hunt c/o Mike Gillespie Day, Oswald & Gillespie 1559 Suite B Route 82 Hopewell Junction, NY 12533 Dear Mr. Hunt: on November 15, 2000, the New York District Corps of Engineers received a request for a Department of the Army jurisdictional determination for the above referenced project. This request was made by Mike Gillespie of Day, Oswald & Gillespie, as consultant for Paul Hunt. The site consists of approximately 24.84 acres, in the Hudson River Basin, on Ketchamtown Road in the Town of Wappinger, Dutchess County, New York. The proposed project would involve the development of a 10 -lot residential subdivision. In the letter received on November 15, 2000, your consultant submitted a proposed delineation of the extent of waters of the United States within the project boundary. A site inspection was conducted by representatives of this office on December 12, 2000, in which it was agreed that changes would be made to the delineation and that the modified delineation would be submitted to this office. On January 22, 2001, this office received the modified delineation. Based on the material submitted and the observations of the representatives of this office during the site visit, this site has been determined to contain jurisdictional waters of the United States based on: the presence of wetlands determined by the occurrence of hydrophytic vegetation, hydric soils and wetland hydrology according to criteria established in the 1987 "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1; and the presence of a defined water body (e.g. stream channel, lake, pond, river, etc.) which is part of a tributary system. Based on the above, it has also been determined that the drawing entitled "Location of USACOE Federal Wetlands ftor:Lee Knolls --Phase IV, Town of Wappingers, Dutchess County, New York", Sheet Number 1 of 1, prepared by Day, Oswald & Gillespie, dated January 2, 2001, and last revised January 18, 2001, appears to be an accurate depiction of the extent of the waters of the United States on the subject site. This drawing indicates that there are four (4) principal wetland areas on the project site. The first wetland (Federal Wetland Area #1) is located along the western edge of the project area and is approximately 3.66 acres within the project boundary. The second wetland (Federal Wetland Area #2), located on the eastern edge of the project area, is contiguous to Federal Wetland Area #1 outside the project limits and is approximately 0.19 acre within the project boundary_ The third wetland (Federal Wetland Area #3), located near the center of the project area, is adjacent to Federal Wetland Area #1 and is approximately 0.18 acre within the project boundary. The fourth wetland (Federal Wetland Area #4) is located in the southern portion of the project area and is approximately 0.09 acre within the project boundary. These wetlands are considered to be above the headwaters. It should be noted that, in light of the recent U.S. Supreme Court decision (Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, No. 99-1178, January 9, 2001), the third wetland (Federal Wetland Area #3) and the fourth wetland (Federal Wetland Area #4), as described above, do not meet the current criteria of waters of the United States under Section 404 of the Clean Water Acta The Court ruled that isolated, intrastate waters can no longer be considered waters of the United States, based solely upon their use by migratory birds. The remaining wetlands on the property are part of a tributary system, and are considered to be waters of the United States, under the jurisdiction of the Corps of Engineers. This determination regarding the delineation shall be considered valid for a period of five years from the date of this letter_ Enclosed is a Notification of Administrative Appeal Options which provides information on your acceptance of this approved jurisdictional determination. It is strongly recommended that the development of the site be carried out in such a manner as to avoid as much as possible the discharge of dredged or fill material into the delineated waters of the United States. If the activities proposed for the site involve such discharges, authorization from this office will be necessary prior to the initiation of the proposed work, and any such discharges would be considered cumulative in regard to any previous use of the Nationwide Permits associated with any part or phase of the entire Lee Knolls subdivision. The extent of such discharge of fill will determine the level of authorization that would be required. 2 If any questions should arise concerning this matter, please contact Randy J. English, of my staff, at (212) 264-0184. Enclosure cf: NYSDEC - Region 3 Town of Wappinger Sincerely, George Nie s Chief, We t rn Permits Section 3 I Z,5 3'1 MAY 0 Z. 90 �•r u J_ T owu. a ov' t"4 -C omAM a b rcN r -row. 1:5 arc �•�ry t� k 0.9V CA- t.Sh SkA. L,� cin S c &ZA t • � a -A s — o c51%� J4� `1 CLARL V V W T �� V w ! i ��� C"��Q �d 4u o a a.a� n crr rYtac.� Vino n LAJ- U) to 6 x.. CTS <-)b w � �' . � OL me iCl? w o~manrc� Inow t t" W. 4 CA- W Q 9 &.-a v e - rev L�Qa . V' 04 c d'OJLAJL Howe ven `6 6aLcAc 4lb�v --- . I (1 I` w LAJ L 0..C 0ftiC& J W\,C 11 5 1 a.�\,l h� Ca-M V r-eln em.5 vp. a, cx>-Q n rfLA V )'1 tt "do 4 t(�.k\OA s � oyn or .St, r na�yvt �vw n r CL4-� Ov OSUO a; 9 CWJL-� wo u& -to i.�-te C�11a ov r1 c� c a�•L� r1 u roYn rn r� Car c n C tra ovu_ or on Zlo�- c� g � �. leo . 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O _ 'r' ''�L1f� .{'/• /•r • 7 !r•. }�. �p ���••Q �_; IO , i(,/ '• 1 ;� , � 1 �: �``\ `"11 � i \ •,•�`I•, yam'\•` ��_ � ,t�/ I _ , r: � �1: ,. 0�. - �. �:. �` " /• I , r^'�I rig I �I � �..,�1 � _�`7_ 4i i// j r ,.uj � 1 -�� r'r :4, _l� _ I �., R�•' 1�,1`- 1J - _ �_.� � r,, .I, ,� ..: r. - `�� .� - ,��OP� - ! I •~ Q % J ./� }1j 11 0'n�1 { ~` f r :r I,I�• Af `p� � • • �� � � a�3l11�I 1�e• I •5���'I � r � ��, `I, � � � `\���•: � fI/j�/ � }, `, 4 /` ti-:.� 96 �' � �-•' � ' I I I f� 267 � , •y I �/ Sub tion t 3, r r' I I y 1� 10 a = I f r tQJ•�'sy \mak• moi', li'1 rte?. !f �`. � v � I l \ 1.+y�^. /`� t -w - 1�, •:.. ,264 - � S-•;� . -_ -� �U'p +• .�,,,. ��� . �! } ! C Of 212 o z f'r :\.11. Vl..w. j -�I•- •or ;, .r +� �L/x•/ -oro :i - �---� � • � Y#r it '• _ , . 1 "� �.i'• ., � .. ��� � �,%• a . o � ;t s 'bid' I � .i � v .i -_ _ .� �SFP'�-off i� �.,'• � ' '..._ k�il3 a�' ,� I /;./� /: � J � _ - er THE COUNTY OF DUTCHESS LUCILLE P. PATTISON. COUNTY EXECUTIVE OEPARTMEHT OF PLANKING ROGER P. AKELEY. MCP Co.wlsS+OHER ERIC W GILLERT AICs AS! i—NT CO.HISSID'•== December 28, 1989 To: Planning Board, -Town of Wappinger Re: Referral: 89-749 M_SEbdivi5on T Parcel: 6157-01-040515 and 117501, Ketchamtown Road Z7 HIG. STREE, POMHREEPWrt H.Y. 12601 TELE"40KC 19141 48$-96E1 The Dutchess County Department of Planning currently has no jurisdiction over subdivisions under General Municipal Law. The Department has, however, reviewed the Hunt Subdivision proposal because of its strategic importance in implementing the town's new comprehensive plan, and offers the following comments and suggestions. 1 -..The transportation plan adopted in August 1988 as part of the new town comprehensive plan identifies this parcel as a critical link in a possible bypass around Hughsonville. The plan map shows a proposed road that would swing east of Hughsonville leaving the east side of Route 9D south of Ketchamtown Road, continuing northeast across Ketchamtown Road and this property, across New Hamburg Road (CR28), and back to 9D south of Middlebush Road. The proposed subdivision allows for no such alignment. 2. It is clear that some kind of bypass should be planned around Hughsonville to accomodate increasing traffic on Route 9D. A specific route for an eastern bypass across the Hunt property has not been surveyed and evaluated, nor has the possibility of a western bypass been fully studied. It is obvious, however, that approving this subdivision as proposed could make construction of the bypass shown on the town plan virtually impossible. We strongly urge the town to meet with the applicant, the town highway superintendent, and the regional staff of the NY5DOT to discuss the future of this section of the Route 9D corridor and needs for a bypass before granting subdivision approval. We recognize that this may burden the landowner with a delay and, perhaps, further design costs, but it is vital that the Planning Board act cautiously and think of long-term needs when considering any subdivision or site plan that could weaken the comprehensive plan and the ,� ability of the town, county, or state to provide needed highway improvements. Page 2 Re: Referral: 89-749, Hunt Subdivision Please contact our office if you would like us to participate in a meeting to discuss this issue. A copy of the town transportation plan map and text is enclosed for your reference. Sincerely, 44 {lolly L. Thomas Senior Planner HLT/kf �Encl, cc: Alan Bloom, Planning and Development Director, New York State Department of Transportation, Region 8 x 'P)00K,, 20011 2008-283 R E Q E P�'E D Resolution Accepting Roads, Easements, Utilities and Other Public Improvements in Phase IV of the Lee Knolls Subdivision Together with Maintenance AgqMqyt - 44t j5equr", ll� er of Credit At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on September 22, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ".11 am Christopher J. Colsey William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, Paul Hunt had previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a subdivision rnap entitled "Lee Knolls Phase IV" prepared by Oswald & Gillespie, P.C., dated December 10, 2001, last revised October 21, 2.002 (hereinafter the "SubdivisiorC); and WHEREAS, the Town of Wappinger Planning Board granted Final Conditional Subdivision Plat Approval for the Subdivision, by Resolution dated March 18, 2002, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as shown on the aforesaid Subdivision Map and related drawings, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, O'Donnell Builders of Dutchess, Inc., purchased the subdivision and has completed development of the subdivision, including all of the improvements as required by the Resolution of Final Subdivision Plat Approval dated March 18, 2002; and WHEREAS, the Town Board has determined it is in the best interests of the residents of the Town of Wappinger, particularly the residents of the Phase IV of the Lee Knolls Subdivision, to accept the roads, easements, utilities and other improvements that have been constructed within this subdivision'. and WHEREAS, pursuant to the Subdivision Regulations of the Town of Wappinger, O'Donnell Builders of Dutchess, Inc. is required to guarantee that the quality and workmanship of the improvements accepted by the Town will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town; and WHEREAS, to secure the obligations to guarantee the quality and workmanship of the improvements, O'Donnell Builders of Dutchess, Inc. has executed a Maintenance Agreement secured by a Letter of Credit issued by M&T Bank bearing No. SB -906x323-2000 in the sum of Twenty -Three Thousand, Three Hundred Twenty -Eight Dollars and 00/100 ($23,328-00), in favor of the Town of Wappinger, securing the obligations in the Maintenance Agreement BOOK 1 q PG--) 9 D NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set: forth and adopted herein. 2. The Town Board hereby determines that it is in the best interests of the residents of the Town of Wappinger, particularly the residents of Phase IV of the Lee Knolls Subdivision, to accept the roads, easements, utilities and other related improvements made and constructed in connection with said Subdivision and hereby accepts same upon delivery of the original Maintenance Agreement secured by a Letter of Credit, above mentioned. 3. The Town Supervisor, Christopher Colsey, the Engineer to the Town, Robert J. Gray, and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any related bills of sales, recorded and/or filed in the Office of the Dutchess County Clerk and to execute any and all documents necessary for such recording and/or filing, 4. The Maintenance Agreement executed by O'Donnell Builders of Dutchess, Inc., with an office at Summerlin Plaza, Suite 216, 942 Route 376, Wappingers Falls, New York, as Obligor, in favor of the Town of Wappinger, as Obligee, is accepted as the guaranty that the quality and workmanship of the improvements will be free from defects in materials and workmanship for a period of one year from the date of acceptance by the Town as required by the Subdivision Regulations of the Town of Wappinger. 5. The Irrevocable Letter of Credit issued by M&T Savings Bank, bearing No. SB - 906323 -2000 and issued in favor of the Town of Wappinger in the sum of Twenty -Three Thousand, Three Hundred Twenty -Eight Dollars and 00/100 ($23,328.00) securing the obligation set forth in the Maintenance Agreement, is hereby accepted as security for the faithful obligation set forth in the Maintenance Agreement. 6. The Town Board hereby acknowledges that O'Donnell Builders of Dutchess, Inc. has completed all of the work required by the Planning Board's Resolution of Final Conditional Subdivision Plat Approval and that the Performance Agreement executed by Paul Hunt has been fully honored and the duties under that agreement have been discharged and the Town Board hereby authorizes the Town Clerk to release any Letter of Credit posted as security for said Performance Agreement upon the Town Clerk's receipt of the above referenced Irrevocable Letter of Credit in the form acceptable to the Attorney of the Town. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT E. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting:. AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT Dated: Wappingers Falls, New York 9/22/2008 The Resolution is hereby duly declared adopted. HN C. MASTERSON, TOWN CLERK VERGms, STENGER, ROBERTS, PERGAWNT & VmLom, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VFRGff-1S« WAppINGERS FALLS, NEW YORK_ 12.590 OF COUNSEL: KENNETH M STENGER (845) 298-2000 IRA A. PERGAMENT ALBERT P. ROBERTS LEGAL ASSISTANTS: LOURS 1. VIGLOTTI FAX (845) 296-2842 AMY E. DECARLO JOAN F. GARRETiT" e-ma7 VSRPQBest'Web.net LISA MARTELL THOMAS R. DAVIS POUCrFLKEi°PSffi OFFICE _ KAREN P. MACNISIi 276 MAIN MAL L POIIGFIIO [2601 KEVIN T. MCDERMOTr (8455)) 4 452-104466 52 - STEVEN K. PATTERSONI JAY B. RENFRO PINE PLAINS OFFICE 2990 CHURCH ST. *ADId To PRACTTC6 P.O_ BOX 21 INNY a: F .A. PINE PLAINS. NY 12567 •*AD[�]'i'i TO PRACTICE (518) 3989857 IN NY & CONN. . ADDRESS REPLY TO: () POUGH iEEEPSIE () WAPPIKaERs ( ) PINE PLAWS December 30,.2002 Hon. Gloria Morse, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Lee Knolls — Section IV File No.: 12949.0280 Dear Gloria: I am enclosing herewith letter dated October 28, 2002 from Michael Gillespie to Barbara Roberti, Secretary to the Planning Board. Apparently, through an inadvertence, Mr. Gillespie was of the belief that the Deed to the road bed was to be recorded simultaneously with the Subdivision Map. The Deed was to be placed for safe keeping in your office pending acceptance of the road (Alfreda Drive) after the road was completed to the Town's Highway Specifications and the lots in the subdivision were developed with -single-family residences. Accordingly, I am enclosing the original Deed, 'IT -584 and RP -5217 to be held by you together with other documents, including the title report. The missing information referenced in Mr. Gillespie's letter will be supplied at the time the Deed is accepted by the Town Board. If there are any questions, please arrange to meet with me and Barbara Roberti as soon as possible. -foVqN CLF -RK 0:1WAPPD GEl?lanningBoard�LeeKnolls!122602-GM-doc II BOOK PG I Thank you for your attention. J yours, , STENGER, ROBERTS, PERGAMEI`tT & VIGLOTTI, LLP OBERTS Enclosures Cc w/o enclosures: Hon_ Joseph Ruggiero., Supervisor Hon. Graham Foster, Highway superintendent Ms. Barbara Roberti, Secretary fo Plamiing -Board Ms. Tatiana Lukianoff, Zoning Administrator k Joseph E. Paggi, Jr., P.E., Town Engineer Anthony L. Pagones, Esq. 0.IWAPPINGE1PlamiingBoardli.eeKnoIIs1I22602-GN_doc TP -064 (iUM) BOOK pa RecordingOffice Time Stamp p New York State Department of Taxation and Finance Combined. Real" Estate Transfer Tax Return and Credit Line -Mortgage Certificate Please Drirtt or Grantor Name (if Individual,• last first middle initial) CitymIlage Social Security Number ® Individual HUNT, PAUL Block Lot �ta%� E) Corporation Malling.address _ transfer tax is claimed (complete Schedule B, part Social Security Number e. - Conveyance pursuant to or in lieu of I. —Syndication 11 Jud Lane 1 partly without the �oad Alf reda .Drive= E] Partnership City State ZIP code Federal employer Ident. number ❑ Other 1i i.shkil.l' New York 12524 - Grantee Name (if individual,, Iasi, first, middle initial) 2 Social Security Number ❑ Individual TOWN OF WAPPINGER 4 Tax: $2 for each $500, -or fractional part thereof, of consideration on line 3 ..................................... JE Corporation Mailing address 5 Amount of credit claimed (see Instructions and attach Form TP -584.1, Schedule (3) .................... I ............. . Social Security Numher Wappinger Town Hall, 20 Middlebush -Road 6 ❑ Partnership ❑ Other City Wanain>zers Falls State New -York ZIP code 12590 Fed�e�,1 e pl r idenrtsp /`i l �/'iFj0 V Location and description of property conveyed. Tax ap, designation Address CitymIlage Town Count Section . Block Lot percentage transferred /,) (attach Form TP -584. f, Schedule G) p• -Conveyance for which exemption, from d. - Conveyance to cooperative housing h. - Conveyance of cooperative apartment(s) transfer tax is claimed (complete Schedule B, part f 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 �oad Alf reda .Drive= r. — Other (describe) Wapp-inger Dutchess 6157-)1-093508 1 Enter amount of consideration for the conveyance (rt you are claiming a total exemption from talk, check the exemption claimed box, enter consideration and proceed to Partin) ................................. 0Exemption claimed 1 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 real property 3- ❑ Residential condominium 7 ❑ Office building conveyed which is residential 4 [].Vacant land a ® Other Road 6 ' 21 1 02 real property % month day. year (see instructiops) Condition of conveyance (check all that apply) a. -Conveyance of fee interest f. -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. t, -Schedule F) m. - Leasehold assignment or surrender c. -Transfer of a controlling interest (state g. -- Conveyance for which credit for tax previously paid will be claimed n. - Leasehold grant o.. - Conveyance �of an easement ; percentage transferred /,) (attach Form TP -584. f, Schedule G) p• -Conveyance for which exemption, from d. - Conveyance to cooperative housing h. - Conveyance of cooperative apartment(s) transfer tax is claimed (complete Schedule B, corporation 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 �oad Interest (attach Form TP -584. t, Schedule EJ. 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 (rt you are claiming a total exemption from talk, check the exemption claimed box, enter consideration and proceed to Partin) ................................. 0Exemption 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 t) ...................................... < ............. ..... _ ..... 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 (3) .................... I ............. . 6 Total tax due* (subtract fine 5 from line 4) ........................... ..:... ............................. ...... ..... 6 BOOK PG_Mq TP-W-(10/86) (back). Schedule B -- continued Part III -- Explanation of Exemption Claimed in Part I, line 1 (check any boxes that apply,! ; The conveyance of real property is'exempt from the real estate transfer tax for.the following reason:- a. Conveyance Is to the United Nations; the United States of America, the state of New York or any of their Instrumentalities, agencies or political subdivisions (or any public corporation, Including a public corporation created pursuant to agreement or compact with another state or Canada).......................................................................................... a .❑ b. Conveyance is to secure a debt or other obligation.... :.............................................. ....................... b ❑ c Conveyance is without additional consideration-to confirm, correct, modify or supplement a prior conveyance..;. . .... . ..... c ❑ d. Conveyance of real properly is without consideration and not in connection with a sale, including conveyances-conveying really as bona fide, gifts.......... ................ ..:............................................... ❑ e. Conveyance is given in connection with a tax.sale.°....:......:`..................... ............. :...... ....................... a f1 f. Conveyance is a mere change of identity or form of ownership or organization where there is no change In beneficial ownership. (This exemption cannot be claimed fora conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings.) Attach Form TP_584.1, Schedule F... .............................. f ❑ g. Conveyance consists of deed of partition.. .......... ........................................ g h. Conveyance is given pursuant to the federal bankruptcy act . ............................... .:................................ h ❑ i. Conveyance consists of the execution of'a contract to sell real properly without the use or occupancy of such property or . the granting of an option to purchase real propertywithout the use oroccupancy of such property ..: :� ..................... I ❑ j. Conveyance of an option or contract to purchase real property with the use or occupancy bf such property where:the consideration is less than $200,,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1-, 2=, or 3 -family house, an Individual residential condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative apartment ................................... . .... ................................................................ j ❑ k. Cortveyance is not a conveyance within the meaning of section 1401(e) of Article 31 of the Tax Law (attach documents . $LgxrdngsrrahclaW.............................................•..------...................................:..........-.._...k '❑ 1. Other (attach explanation):..................................._..................................;................_........:..i M Schedule C — Credit Line Mortasae Certificate (Article 11 ,of the Tax Levu) Complete the following only tf the Interest being transferred Is a fee simple, Interest. I (we) certify that: (check the appropriate box) 1 ❑ The real properly being sold or transferred is not subject to an outstanding credit line mortgage. 2 ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage. Howeverr an exemption fromthe tax is claimed for the following reason: © The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple Interest in the. - real property (whether as a joint tenant, a tenant in common or otherwise) immediately before the transfer.: - ❑ The transfer of real property is (A) to a person or persons related by blood, marriage or-adopfion to the original obligor or to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real .property after the transfer Is held by the transferor or such related person or persons (as In the case -of a transfer to -a trustee for the benefit of a minor or the transfer to a trust for the bensfit of the transferor). - ❑ The transfer of real property is a transfer to a trustee in bankruptcy, a receiver,- assignee or other officer of a court' ❑ The maximum principal amount secured by the credit line mortgage is $3,000,000 or more and the real property being sold or transferred is not principally improved nor will it be improved by a one -10 six -family owner -occupied residence or dwelling. Please note: for purposes of determining whether the maximum rito principal aunt secured Is $3,000;000 or more as described above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See TSB -M -96(6)-R for more information regarding these aggregation requirements. © Other (attach detailed explanation). 3 ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However; no tax is due for the following reason: ❑ A certificate of discharge of the credit line mortgage Is being offered at the time of recording the deed. ❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent for the valance due, and a satisfaction of such mortgage will be recorded as soon as it is available. 4 ❑ The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other idenlificafion of the mortgage). The maximumprincipal amount of debt or obligation secured by the mortgage Is . No exemption from tax is claimed and the tax of is being paid herewith, (Make chock payable to county clerk where deed will be rwordad or, 1f the rew.2aEng is to take place In NOW York City, make check payable to the NYC Deparfinent of Finance.) Sf nature both the rantor s and grantee(s) mtr�• The undersigned certify that the abo ng any cei ;/her knowledge, true and complete 1� Grantor Title Title PAUL HUNT Reminder: Did you complete all of the required information In Schedules A and S? Were you required to complete Schedule C? If you checked e, for g In Schedule A, did you complain TP -584.1? Have you attached your chock(s) made payable to the county cleric where recording will take place or, If the recording Is in New York City, to the NYC Department of Finance? if no recording is required, send your check(s), made payable to the'Departrnenf of Taxation and Finance, directly to the PAYS Tax department, M13 -Transfer Tax, PO Box 5045, Albany NY 12205-5045. PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM�� � �)� y ��/� INSTRUCTIONS: htt // www.ar s.state.n us or PHONE (618) 473- "I [ "� 1 FOR COUNTY USE ONLY I - ����^� C1. scars code I , REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2. Date Deed RecordedI / / I STATE BOARD OF REAL PROPERTY SERVICES Month Day "ear RP - .5217 C3. Book I I C4. Page I J I RP-SZ17 Rrr 3W 1. Property I I Alfrecta Drive Location - STREF NUMBER STREETNANE cm an TO" TAX EXEMPT - ROAD YLIAaE zrPME 2. Buy- TOWN OF WAPPLNGER Name +LASTNAMEICOMPANY FIR NAME 3. Tax Indicate where future Tax Bills are to be sent Sitting if other than buyer addrasR W bottom of form) Address LAST NAME l COMPANY FlRST NAME STREET NUMBER AND STREET NAME CITY OR TOWN STATE ZIP MOP 4. Indicate the number of Assessmentff - (Only if Part of a Parcep Check as they apply: Roll parcels transfarrad on the dead #-of Parcels OR ❑ Part of a Parcel OA. Planning Board with Subdivision Authority Exists ❑ 5. Deed 46. Subdivision Approval was Required for Transfer ❑ Property- I OR } X I'�'" 1.4 5 1 with id ' C, Parcel Approved for Subdivision th Map Proved ❑ FROM oaPrr ACRES Size HUNT 6. 6. Seller PAUL Name LAST NAME ICOMPANY FIaST NAME LAST NAME ICOMRANY FIRST NAME 7. Check the box below which most accurately dascribea the mse of the property at the time of sale: Check the boxes below es they apply: a. Ownership Type is Condominium ❑ A One Family Residential E Agricultural ICommunity Service B. New Construction on Vacant Land B 2 or 3 Family Residential F Commerciai FIndustrial 1aA, Property Located within an Agricultural District F7C Residential Vacant Land G Aparhne t KPublic Service 110B. Buyer received a disclosure notice indicating ❑ D Nan -Residential Vacant Land H Entertainment I Amusement Lo Forest that the property is in an Agricultural District _ SALE INFORMATION 0611 oils or more of these conditions as. applicable w transfar: 11. Safe Contract Date ITN/A/ I- I A Sale Between Relatives or Former Relntivas Month Day year $ Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller - 12. Data of Sala I Transfer I 6 / 21 / 0.2 � 1) Buyer or Seller is Government Agency or Lending Institution Month Day Year E Dead Type not Warranty or Bargain and Sale (Specify Below) F Sale of Fractional or less than Fee Interest (Specify Belowl [} Significant Change in Property Between Taxable Status and Sale Dates 13. Full Sale Price ' 1 0 1 $ Sale of Business is Included in Sale Price (Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price (Specify Below) This paymem may be io the form of cash, other property or goods, or the assumption of J None mortgages or other obligations.) Please round to the nearest whole dollar amount - 14. Indicate, the value of personal f 0 1 4 1 - property included In the sale a ASSESSMENT INFORMATION - Data should reflect the latest Fine[ Assessment RDII and Tax Bill 16. Year of Aesasefnew Roh from I'I ''1T Total Assessed Value fof all parcels in transfer) which Information taken 7 7 f Is. Property Class NI�-� —_1 19. School District Name I Wappinger Central I 20, Tax Map Idari ier(sl f Roll Idont'dter(sl Of more then four, attach sheet with additional IdentlRer(s)) Part of 3M 6157-0I-093508 CERTIFICATION I certify that all of the items of Information entered on this fog are true and correct (to the beat of my immvledge and helieo and I Tunderstand that the making of way willful talse statement of material fact herein will subject me to the provisions of the penal mew relative to the making and tiling of false instruments. BUYER I BUYER'S ATTORNEY TOWN OF WAP INGP By rEa SIG RE DATE Middlebush Road STREET NAME (AFTER SAI. F) ills NY 12590 1 1 Env STATE ZIPOODE SELLER 11;w 11;w LI. ^YIgr1ATVRE DATE G� PdTs�� e A Z LAST NAME FIRST NAME F T'S I -I— F- MEACpUE TELEPHONENUMBER NEW "YORK STATE COPY BOOK 10( PG - � Mg T 683—s—d.,d N.Y.ss.(I. r�soo4 • Q�iww. dee0. - - �r+,�r.o..lfM F,xaehio(1ne. Indl,idrlo Cugo tl o(tiniksh"t). 11-98 00+, 'CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD EI USED BY LAWYERS ONLY. 7M RMEN URE, made the 21st day of June, 2002 $EiwEEN PAUL HUNT, residing aC 11 Judy Lane, Fishkill, New York party of the first part, and the TOWN OF WAPPINGER, a municipal corporation having its office at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York party of the second part, WME9SM, that the party of the first part, in consideration of ten dollars paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part -forever, ALL that certain plot, piece or•parcef of land, with the buildings.and improvements thereon erected, situate, lying and being in the Town of Wappinger, County of Dutchess and Stae of Nev York and more particularly described on t§Nttached Schedule "A" t 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.r. < x AND the party of the first part, in compliance with Section 13 161,hhecl ien HAw, b=by covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eratian as a trust fund to be applie(i 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 ward "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN Wil<7WM WHEREOF, the party of the first part has duty executed this deed the day and year first above written. 1.14 PRBS"CE or: - PAUL HUNT _ 11 so _ Pd - ACKNOWLEDGMENT IN NEW YORK STATE (RPL Tari) State of New York, County of Dutchess ss.: on June 21, 2002, before me, the undersigned, personally appeared PAUL HUNT personally ]mown to me or proved to me on die basis of satisfac- tory evidence to be the individual66 whose name* is *-e) subscribed to the within instrument and acknowledged to the that Wsler ft9i executed the same in WORMIMN capacityt?R), and that by himWE on the insttu the indi- vidual($. or the pef of which vidual(39 acted, executed the (sigrwture artd Vice of in tvidual taking aeknowledgment) Notar Public ACKNOWLEDGMENT OtrMDE NEW YORK STATE (RPL NO -h) state of County of as.. 0n before me, the undersigned, -personally appeared personally known to me or proved to me od the basis of satis- factory evidence to be the individual(s) whose names) is (are) subscribed to the within instrument and acknowledged to me that bulshe/they executed the same in his/her/their capacity(ies), and that by his/hedtheir signature(s) on the instrument. the indi- vidual(&), or the person upon behalf of which the individuals) - acted, executed the instrument, and that such individual made such apMuartce before the undersigned in (insert city w polfAcai mmvisimand state ar county or other place acknowl- edgment cknow7edgment taken) (signaturt and office ofutdivlduul faking ackAWWedlgment) V1ltirlxtnc Drib Whet COYSNANr. A"mirr GRANToris Acts Twim No. HUNT TO TOWN OF WAPPINGER r v C 0 u r CC w 0 r , H 4 O vg 3 w y r t s fr ACKNOWLEDGMENT BY SUBSCRIBING WRNESS(ES) State Of ss.: County of On before me, the undersigned, personally appeared the subscribing witness(es) to the foregoing instrutrent, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that helshe/they reside(s) in (if the place of rrsidence it in a city, include the street and street number, ifany, thereof . 0 /WTl OW L PAWNES WrARY PJJM C, Stets of Now York CA11V*d in Dutchess Cou* Comw1 WN Expires August 31, 20 that he/she/they know(s) to be the individual(s) described in and who executed the fore- going instrument; that said subscribing witaess(es) was (were) present and saw said execute the same; and that said witness(es) at the same time subscribed His/her/their name(s) as a witness(es)thereto: (❑iftakenoutsideNewYork state imerleeryprpom cal.wmmvionandscare or country or other place acknowledgment rakes And that said subscribing witness(es) made such appearance before the undersigned in r (signature and office of individual laking aeknawledgmem) SECTION BLACK LAT COUNTY OR TOWN RSTU'RN BY MAIL TO: Zip No. r BOOKl� PG��V SCHEDULE "A" y Description of a certain parcel of -land situated in the. Town Of Wappinger, County of Dutchess and: the State of New York. k - Beginning at a point along the northerly line of Ketchamtown Road and said point being the southeasterly corner of Alfreda Drive as shown on -a certain map entitled Le.�Inolls — Phase TV and filed in the Dutchess County Clerks Office as filed map no. _144; thence in a westerly direction along the northerly line of Ketchamtown Road, NORTH 47-52-30 WEST 135.45 feet to a Point along the northerly line of Alfreda Drive, thence in a easterly direction along the northerly line of Alfreda Drive the following courses and distances, thence on a curve to the left with a radius of 25:00 feet and a length of 39.57 feet to a point, thence NORTH 41- 26-20 EAST 130.28 feet to a point, thenceon a curve to the left with a radius of 275.00 feet and a length of 103.10 feet to a point, thence on a curve to the right with a radius of 325.00 feet and a length of 266.27 feet to a point, thence NORTH 66-54-04 EAST 116.40 feet to a point, thence on a curve to the left with a radius of 275.00 feet and a length. of 144.56 feet to a point, thence on a curve to the left with a radius of 30.00 feet and a length of 33.12 feet to a . point, thence on a curve to the right with a r6dius of 65.00 feet and a length 327.35 feet to a point along the southerly line of Alfreda Drive, thence in a westerly direction along the southerly line of Alfreda Drive the.following courses and distances, thence on a curve to the left with a radius of 30.00 feet and a length of 25.18 feet to a point, thence on a curve to the right with a radius of 325.00 feet and a length of 186.70 feet to a point, thence SOUTH 66-54-04 WEST 116.40 feet to a point, thence on a curve to the left with a radius of 275.00 feet and a length of 274.62 -feet to a point, thence SOUTH 63-00-00 EAST 39.80 feet to a -point, thence SOUTH 42- 07-30 WEST 216.53 feet to a point; thence on a curve to the left Page 2 mith. a radius of 25.00 feet and a length of 39.57 feet to the point of beginning, Containing 1.45 acres of land more or less. Subject to the rights of public utilities of record. DUTCHESS.- COUNTY CLERKS OFFICE OF ATPAGrt,: C 3&J;W & CLERK .-NID OF DOCUMENT