Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
The Preserve Subd.
TOWN CLERK � �' SUPERVISOR CHRIS MASTERSON / : � CHRtSTOPHER J. C OL,SEY TOWN C:C?UNCIL WILLIAM H. BEALE o VINCENT BETTINA MAUREEN MCCARTHY TOWN CLERK'S OFFICE JOSEPH P FAOLONI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845)297-5771 FAX: (845)298-1478 Distribution Sheet Send To CC Town Board Supervisor Colsey Councilman Beale Councilman Bettina Counoilwoman McCarthy Councilman Paoioni "' Joseph lncoronato Correspondence Log rf Town Attorney Al Roberts 5oott Volkman Town Engineer Robert J. Gray Greg Bolnor Walter Arcus Town Planner David Stolman Send W/Filing Sheet Trish Maupin Mark Liebermann George Kolb Tatiana Lukianoff Barbara Roberti Victor Fanuele Christian Harkins Ralph Bolt CR Kay Von Reyn Eieen Manning Graham Foster 71 a M PLACE ON FILE v AMENDMENT NO. 2 TO THE HOMEOWNERS ASSOCIATION OFFERING PLAN FOR NATURE PRESERVE HOMEOWNERS ASSOCIATION, INC. 2446 ROUTE #91) WAPPINGERS FALLS, DUTGHESS COUNTY, NEW YORK DATE: JULY 26 , 2010 The Offering Plan accepted for filing on or about T,l[np5-, 2009 is hereby again amended as follows: 1_ Schedule of Completion. The first home is expected to be completed on or about October 1, 2010 and the remaining homes in Phase I by May 1, 2011. The Homes in Phase 11 may be constructed upon the completion of Homes in Phase 1. If these Homes are built, Sponsor expects to complete them by December 31, 2012_ In any event, Sponsor will complete the recreational facilities by December 31, 2012. 2. Trust Funds. As of July 1, 2010, the Escrow Agent for all monies paid in connection with this Offering Plan shall be: Tendy& Cantor, Attorneys at Law 62 East Main Street Wappingers Falls, New York 12590 (845) 297-7777 The Sponsor will hold the monies received by it as down payments directly or through its agents or authorized employees in trust in accordance with the provisions of Section 325(h) and 352(e)(2)(b) of the New York General Business in Law and Section 71-a(3) of the Lien Law until actually employed in connection with the consummation of the transaction or any breach of contract as herein described. Explanation of the above entitled Sections is included herein as part of the plan. Any provisions of any contract or agreement, whether oral or in writing, by which a purchaser or subscriber purports to waive or indemnify any obligation of the escrow agent TENDY & CANTOR, ATTORNEYS AT LAW holding trust funds is absolutely void. The provisions of the Attomey General's regulations concerning escrow/trust funds shall prevail over any conflicting or inconsistent provision in the offering plan or in a purchase or subscription agreement_ Purchasers shall not be obligated to pay any legal or other expenses of the sponsor in connection with the establishment, maintenance or defense of obligations arising from the handling or disposition of trust funds. 1 All deposits, down payments or advances made by purchasers prior to closing of each individual transaction, whether received before or after the date of consummation of the plan, will be placed, within five business days after the agreement is signed by at] necessary parties, in a segregated special account of TENDY & CANTOR, ATTORNEYS AT LAW, whose address is 62 East Main Street, Wappingers Falls, New York 12590 and whose telephone number is (845) 297-7777. The signatories on this account authorized to withdraw funds are the partners of this firm: William Tendy and Jay Cantor_ The name of the account is NATURE PRESERVE HOA ESCROW ACCOUNT, located in the Rhinebeck Savings Bank bank which is located at 1898 South Rd., Poughkeepsie, , New York. This bank is covered by federal bank deposit insurance to a maximum of $250;000.00 per individual deposit_ [if an individual makes a down payment in excess of$250,000.00 for the purchase of a unit, it is a special risk of this offer that such deposits will not be federally insured in excess of $250,000.00] Deposits at FDIC-insured institutions are insured up to at least $250,000 per depositor until December 31, 2009. On January 1, 2010_ FDIC deposit insurance for all deposit accounts, except certain retirement accounts, will return to at least $100,000.00 per depositor. Insurance coverage for certain retirement accounts, which include all IRA deposit accounts, was increased permanently to $250,000 per depositor in 2006. This account will be interest-bearing and, unless the purchaser defaults, interest will be credited to the purchaser at closing. The interest rate to be earned will be the prevailing rate for such accounts. The rate as of July 26 , 2010 is .I5 %. 3. Management Agreement. The Board of Directors has entered into a Management Agreement with River Management, Development & Realty, Inc., whose address is 297 Mill Street, Poughkeepsie, New York 12601 ("River), for a term of one (1) year, commencing October 1, 2010, to manage the Association_ Managing Agent's duties and services will include among others= billing, and collecting Association assessments; bookkeeping and record keeping; preparing contract specification; negotiating service contracts; scheduling and supervising of maintenance and repairs; filing withholding tax statements for employees, if any; and furnishing monthly reports of receipts and disbursements to the Board of Directors. See Footnotes to Schedule A and Schedule A-1. Either party to the Management Agreement can cancel by providing sixty (60) days written notice to the other_ The fees payable to River will be $1,200 per month once all units have closed. There will be a minimum monthly charge of$500 per month. Once 20 units have closed, each additional closed unit will be charged at $25 per unit per month until the monthly charge equals $'1,200. There will be a cost of living increase charged at each renewal period equal to the Consumer Price Index. The management fee shall be paid monthly in arrears by the 10th of the next month. The Association also agrees to reimburse River for expenses incurred on its behalf and to indemnify River against liability for acts properly performed by it pursuant to the Management Agreement. 2 4. Sales Agent. The Sponsor has entered into an Exclusive Agency Agreement with Houlihan Lawrence, Inc_, a licensed real estate broker in the State of New York, with a place of business at 1989 Route 52, East Fishkill, New York 12533 (845) 227-4400, to act as Sales Agent for Nature Preserve. 5. Closing Lkttorneys, The firm of Tendy & Cantor, Attorneys at Law will be handling all closings for the Sponsor- 6. PurchaseArc reement. Sellers attorney shall be the firm of Tendy & Cantor, Attorneys at Law, which shall hold all monies received directly from Seller, or through its agents, or employees, in trust in accord with Paragraph 24 of the Purchase Agreement. 7. En ineer's Description of Pro erl . In Sections 2.0 and 9.0, it is stated that "Each Unit shall have a garage." As of this date, garages for Lots 52 and 53 have not been approved by the Town of Wappinger, although application for same has been made by Sponsor. All other Units shall have one car garages. 8. Addition of Article V Section 5 to the Declaration of Covenants Restrictions Easements and Liens. The homes designated as 52 and 53 as shown on fled Map # 9145A are served by a common entryway, although the ownership of same is vested wholly in Unit 53. Furthermore, the wall dividing these Lots goes through the existing homes creating a party wall_ In accord with the provisions of Section 4 of this Article 5, the owner of Lot 52 shall have a perpetual easement for the use and maintenance of said entryway. In addition, the provisions of Article Vlll, Section 1 insures that if any portion of Lots 52 or 53 protrude into an adjoining Lot, it is deemed that the owner(s) of said Lot(s) have perpetual easements for the continued use and maintenance of said projections. 9. Escrow Agreement. As of July 1, 2010, the Escrow Agreement presented in Part if of this Offering Plan shall be replaced by the Escrow Agreement attached hereto as Exhibit 1, which has been executed by the current Escrow Agent, Tendy& Cantor, Attorneys at Law. Other than as set for the above, there are no material changes which require an amendment to the Offering Plan_ NATURE PRESERVE, LLC Sponsor Kurt D. Kueh , Manager 3 _ I SPATE OF NEW YORK OFFICE OFTHE ATTORNEY GENERAL ANDREW M.CUOMO MARIA VULLO Attorney General (212)416-8176 Executive Deputy Attorney General Division of Economic Justice Nature Preserve, LLC c/o Hanig & Schutzman, LLP Attention: Joel Hanig 22 Ibm Road, Sute 210 Poughkeepsie, NY 12601 RE: Nature Preserve Homeowners Association File Number: H 080020 Amendment No: 1 Date Amendment Filed: 05/13/2010 Filing Fee: $225.00 Receipt Number: 104678 Dear Sponsor: The referenced amendment to the offering plan- tor the-subject premises is hereby accepted and filed_ This filing is effective for the greater of .six months from the date of filing this amendment or twelve months from-the accept- ance of the original offering literature. However, any material change of fact or circumstance affecting the property or offering requires an immediate amendment, including amending the plan to disclose the most recent certified financial statement and budget, which should be done as soon. as either of these documents is available. Any misstatement or concealment of material fact in the material sub- mitted as part of this amendment renders this filing void ab initio_ This office has relied on the truth of the certifications of sponsor, sponsor's principals, and sponsor's experts, as well as the transmittal letter of sponsor's attorney_ _ . Filing this amendment shall not be construed as approval of the Contents or texas thereof by the Attorney General of the State of.New York, or any waiver of or limitation on the Attorney General-Is authority to take enforce- ment action for violation of Article 23-A of the General Business"Law or other _ applicable law- The issuance of this letter is conditioned upon the collection of all fees imposed by law_ This letter is your receipt for the filing fee_ Very truly yours, IM Nancy Habr Assistant Attorney General 124 Broadway,New York,N_Y_10271-0332-Phone(800)771-7755-Fax(212)416-81.74 httpJhvww_ag uy.gov EXHIBIT A RIVER MANAGEMENT, DEVELOPMENT & REALTY, INC. 297 MILL STREET POUGHKEEPSIE, NY 12602 (845) 473-3711 FAX(845) 473-3749 March 26, 2010 Real Estate Financing Bureau New York Department of Law 120 Broadway New York,NY 10271 RE: The Nature Preserve Homeowners Association Wappingers Falls,NY - Gentlemen: The Sponsor of the Homeowners Association Offering Plan for the captioned property retained our firm to prepare Schedule B and B-1 containing projections of income and expenses for the first year of association operation. Our experience in this field includes management of over 4,000 units in 47 Condominium or Homeowners Associations including Village Park Condominium, consisting of 170 units, for 6 years, Springside Condominiums, consisting of 43 units, for 8 years, Colonial Springs Condominium, consisting of 144 units,for 6 years. We understand that we are responsible for complying with Article 23-A of the General Business Law and the regulations promulgated by the Attorney_General in Part 22 insofar as they are applicable to Schedule A and A-1. We have reviewed the Schedules and investigated the facts set forth in the Schedules and the facts underlying it with due diligence in order to form a basis for this certification. We have also relied on our experience in managing residential properties. We certify that the projections in the Schedule A and A-I appear reasonable and adequate under existing circumstances and the projected income appears to be sufficient to meet the anticipated operating expenses for the projected first year of operation of a homeowners association. We certify that the Schedule: (i) Sets forth in detail the projected income and expenses for the first year of homeowners association operation; FIRST AMENDMENT TO THE OFFERING PLAN FOR NATURE PRESERVE HOMEOWNERS ASSOCIATION, INC. The Offering Pian, fled with the New York State Department of Law on June 15, 2009, is hereby amended as follows: 1. The purpose of this amendment is to extend the term of the Offering Plan. 2. There are no financial statements for the homeowners association available since the Sponsor has not begun collecting association fees. 3. Attached hereto is the Certification of Adequacy stating that the budgets as set forth in the original Offering Plan remain reasonable and adequate. (See Exhibit A) 4. There are no lawsuits, administrative proceedings or other proceedings the outcome of which may materially affect the offering, the property, the rights of home or lot owners, sponsor's capacity to perfolm all its obligations -under the plan, the homeowners association or the operation of the homeowners association. The Sponsor represents that except as set forth above, there have been no other material changes to the Offering Plan. Dated: NATURE PRESERVE HOMEOWNERS ASSOCIATION, INC. 4 ponsor (ii) Affords potential investors, purchasers and participants an adequate.basis upon which to found their judgment concerning the first year of operation as a homeowners association; r (iii) Does not omit any material fact; (iv) Does not contain any untrue statement of a material fact; (v) Does not contain any fraud, deception,concealment,or suppression; (vi) Does not contain any promise or representation as to the future which is beyond reasonable expectation or unwarranted by existing circumstances-, (vii) Does not contain any representation or statement which is false,where we. {a) knew the truth; (b) -Mth reasonable effort could have known the-truth; (c) made no reasonable effort to ascertain the truth; or (d) did not have knowledge concerning the representation or statement made. We further certify that we are not owned or controlled by the Sponsor. We understand that a copy of this Certification is intended to be incorporated into the offering plan. This statement is not intended as a guarantee or warranty of the income and expenses for the first year of operation as a.homeowners association. This certification is made under penalty of perjury for the benefit of all persons to whom this offer is made_ We understand that violations are subject to the civil and criminal penalties of the General Business Law and Penal Law. River Manageme pment&Realty, Inc. By_ John Pias Vice President Sworn to before me on theQ(04,�Iday of S 1 - C.h 2010- Notary Public, Stat of w York KARIN ROGER rNotery Pubic,State of Never York Registration#01 R06051693 Qualified in Dutchess County rnrrlission Expires Dec.4,2010 t VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 OF COUNSEL: GERALD A.VERGII.IS* WAPPINGERS FALLS,NEW YORK 12590 KAREN MacNISH KENNETH M.STENGER LEGAL ASSISTANTS: ALBERT P.ROBERTS (845)298-2000 AMY E.DECARLO THOMAS R DAVIS FAX(845)298-2842 MARIA L.JONES STEPHEN E.DIAMOND SANDRA A.OAKLEY JOAN F.GARRETT** www.vsrp.com e-mail:info vs com CLOSING COORDINATOR.: KEVIN T.McDERMOTT @ �' SUSAN E.CAFFINE ANGEL I.FALc6N ANTHONY M.DEFAZIO*** POUGHKEEPSIE OFFICE JAMES P.HORAN*** 276 MAIN MALL LISA M.COBB POUGHKEEPSIE,NY!2601 (845)452-1046 *ADMITTED TO PRACTICE IN NY&FLA. NEWBURGH OFFICE **AI)MMET)TO PRACTICE 299 N.PLANK ROAD,SUITE 106 IN NY&CONN. NEWBURGH,NY 12550 ADMI1=TO PRACTICE (845)567-3783 TN NY&NJ June 23, 2009 Han. John C. Masterson, Town Clerk Town.of Wappinger 20 Middlebush Road Wappingers Falls,New York 12590 Re: The Preserve File No. 12949.0389 Dear Chris: Enclosed herewith please find original Declaration of Restrictions for Wetlands Protection filed in the Dutchess County Clerk's Office on November 7, 2008 as document number 02 2008 6908, and original Trail Right-Of-Way Easement filed in the Dutchess County Clerk's Office on November 7, 2008 as document number 02 2008 6907 to be filed at the Town. Very truly yours, VTGILIS, STENGER, ROBERTS, DAVIS &DIAMOND, LLP CIL SANDRA A. OAKLEY � Paralegal _. Enc. RECEIVED JUN .2 4 2W9 TOWN CLERK 4 autchess County Clerk Recording Page � Record & Return To : Date Recorded ; 11/07/2008 Time Recorded : 9:27:00 VERGILIS, STENGER, ROBERTS & DAVIS, LLP 1136 ROUTE 9 Document# :02 2008 6908 WAPPI'NGERS FALLS, NY 12590- HECEIVED Received From : RIVER CITY ABSTRACT JUN 2 4 2009 Grantor : NATURE PRESERVE LLC TOWN OLERK Grantee : NATURE PRESERVE LLC Recorded In : Deed Tax District: Wappinger Instrument Type : DECLAR Examined and Charged As Follows Recording Charge : $53.00 Number of Pages :7 Transfer Tax Amount : $0.00 Transfer Tax Number: #1705 ** Do Not Detach This Page ** This Is Not Bill Red Hook transfer Tax E &A Form: N TP-584 : Y County Clerk By ; ace I Receipt# : R64492 Batch Record : D110 Bradford Rendall I County Clerk 0220086908 aP w DECLARA r rION OF RESTRICTIONS FOR WETLANDS PROTECTION WHEREAS, the undersigned, NATURE PRESERVE, LLC, with offices located at 2.446 Route 9D, Wappingers Falls, NY 12590,which owns all that piece or parcel of land lying and being in the Town of Wappinger, County of Dutchess, and State of New York, and more fully described on Schedule "A" annexed hereto, which property is intended as a real property subdivision 47.9 acres, which property is shown on a certain map -entitled "The Preserve" dated October 15, 2003, last revised January 26, 2008, and which .00 5 filed in the Dutchess County Clerk's Office as filed Map # 5- F� 10, - I-o .- (The undersigned consents that the filed map number assigned to this map be inserted herein at the time of recording.), and WHEREAS, the undersigned desires to make the 47.9 acre parcel subject to the following restrictions and covenants for wetlands protection as follows: 1. The freshwater wetlands("Limits of Wetlands Flagged by Ecological Solutions,LLC in August and September, 2003") as shown on their aforementioned subdivision map shall remain preserved in the natural state and no structure shall be erected nor any disturbance conducted within said regulated wetlands and the adjoining buffer zone as depicted on the subdivision map. Further, there shall be no depositing or placement of any fill, dredge, or other material into said wetlands or waters contained therein or within the associated buffer zone as shown on the subdivision map. 2. It shall be unlawful for any owner or occupant of any of the lots contained within the subdivision to undertake any work or make any disturbance within the wetlands shown on the subdivision map,unless such work or disturbance has been authorized by the NYSDEC,or the Town of Wappinger in accordance with the Town of Wappinger Freshwater Wetlands Protection Law or other governmental rule or agency having jurisdiction of the premises. 3. Enforcement of any of the restrictions herein may be by the Town of Wappinger, Dutchess County, New York, the NYSDEC, any other governmental agency having jurisdiction of the premises, or as otherwise provided by law. 4. BINDING EFFECT. The terms,covenants and agreements herein contained shall inure to the benefit of, and be binding upon the parties hereto and their respective heirs, distributees, legal representatives,successors and assigns and ALL COVENANTS AND RESTRICTIONS HEREIN SHALL RUN WITH THE LANDS AFFECTED THEREBY AND SHALL BE PERPETUAL IN DURATION. 5. Invalidation of any of the above restrictions shall not operate to nullify those remaining. NATURE P , LLC BY: KURT UEHNER, Member STATE OF NEW YORK ) ss..- COUNTY s.:COUNTY OF DUT SS ) On the_LZ day of June, 2008, before me, the undersigned, a notary public in and for said state,personally appears KURT D. KUEHNER,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 thaty his signature on the instrument, the individual, or the person upon behalf e ' r ual acted, executed the instrument. NO IC JOEL HANIQ NOTARY PUSL , State Now York / Qualified In Dutch .02HA451 RECORD AND RETURN TO: J commiss;onFXOOSNovemher3D,2p '® ALBERT P. ROBERTS, ESQ. VERGILIS, STENGER ROBERTS &. DAVIS, LLP 1136 Route 9 Wappingers Falls, NY 12590 ' Schedule A 2 of 4 Parcel A The Nature Preserve Town of Wappinger, NY August 8, 2005 Page 2 of 2 thence along said division line the following courses: South 431 41' 00" East 205.43 feet; South 221 11' 00" East 109.71 feet; South 403 41' 00" East 265.00 feet; South.04152' 40" West 180.00 feet; . South 181 53' 50" East 577.73 feet and _South 111 36' 10" West 525.92 feet to the north line of the aforementioned Old Hopewell Road; thence along said Old Hopewell Road, generally along the roadside face of a stone wall, North 770 00' 00" West 228.09 feet; North 780 20' 44" West 152.50 feet and North 770 07' 43" West 15.41 feet to the Point of Beginning. Containing an area of 11.26 acres, more or less. Being:'further designated as Tax Map Grid No. 6157-01-240641. Schedule A 3 of 4 KENNETH B. SALZMANN, LAND SURVEYOR 12 Hunter Lane • PO. Box 498 • Pawling, NY 12564-0498 Licensed in New York • New Jersey • Connecticut. (845) 855-3885 fax (845) 855-4101 The Nature Preserve Town of Wappinger, NY August 8, 2005 Page 1 of 2 Descri tion of Parcel B ALL that certain land in the Town of Wappinger, County of Dutchess, State of New York, being the part of the premises described in the deed dated December 11, 1973, recorded in Liber 1373 at page 897; being further designated as part of Parcel B on the map entitled: "Subdivision Plat for Margaret Capolino," filed with the Office of the Dutchess County Clerk on November 15, 1990 as Map No. 9145, EXCLUDING part of the parcel appropriated by the People of the State of New York as recorded in Liber 1577 at page 899, being more particularly described in accordance with the November, 2003 survey prepared by Kenneth B. Salzmann, Land Surveyor, as.- BEGINNING s:BEGINNING at a southeast corner of the herein described premises, at the intersection of the east line of NYS Route 9D, also known as.Hughsonville, State Highway No. 222, with the division line between Parcel A and Parcel B on said Filed Map No. 9145; thence along said Route 9D as widened by a Notice of Appropriation recorded in Liber 1577 at page 899, North 23° 44' 10" East 110.23 feet; North 19° 24' 22" East 315.66 feet and North 020 36' 25" East 40.42 feet to the south line of land now or formerly of Ferrara (L. 1851 cp. 524) thence along said Ferrara, and along the south and east line of land now or formerly of Brockington (L. 1983 cp. 640), South 851 03' 30". East 247.15 feet and North 181 43' 10" East 91.64 feet to the south side of.Middlebush Road, also known as County Route 93; thence along said Middlebush Road, South 751 .30' 50" East 274.38 feet to the northeast corner of said Parcel B, _Filed Map No. 9145; thence leaving Middlebush Road, along the division line between said Parcel B and land reputedly of Capolino, South 070 52' 40"' West 170.00 feet and South 82° 11' 50" East 112.85 feet to the west line of land formerly of Martini, now or formerly of the Town of Wappinger (L. 1473 cp. 470); Schedule A 4 of 4 Parcel B The Nature Preserve Town of Wappinger, NY August 8, 2005 Page 2 of 2 thence along said Town of Wappinger, generally along the center of a stone wall: South 090 03' 00" West 220.04 feet; South 10° 16'-00" West 322.19 feet; South 420 57`10" East 516.80 feet; South 41° 32' 20" East 63.96 feet; South 4411 31' 40 East 112.51 feet; South 4111 57' 00" East 200.00 feet; South 400 41' 30" East 213.25 feet; South 440 13' 40" East 64.02 feet and South 461 03' 10" East 48.57 feet to a stone wall corner at the northwest line of land now or formerly of Trinka Development of Dutchess, Inc. (Deed No. 22002-10455); thence along said Trinka Development, generally along the center of a stone wall, South 461 37' 00" West 282.16 feet and South 501) 28' 00" West 30.00 feet to a rebar found in a stone wall; thence still along the west side of said Trinka Development, and along the west line of land now or formerly of Yanarella (L. 1755 cp. 530), now or formerly of Lioy (L. 1860 cp. 431) and formerly of Lieberman, now or formerly Morse (Deed No. 22003-1764), generally along the center of an old stone wall, South 281 18' 00" East 429.39.feet and South 26a 52'. 00"-East 17.24 feet to the north line of Old Hopewell Road, also known as County Route 28; thence along said Old Hopewell Road, generally along the roadside face of a stone wall, North 8511 40' 00" West 566.96 feet; North 841 46' 00" West 269.94 feet; North 810 52' 00" West 143.06 feet; North 881 57' 00" West 30.34 feet and North 771 00' 00" West 60.91 feet to the division line between Parcel A and Parcel B on said Filed Map No. 9145; thence along said division line the following courses: North 11' 36' 10" East 525.92 North 180 53' 50" West 577.73 feet; North 041 52' 40". East 180.00 feet; North 43°.41'.00" West 265.00 feet; North 220 11' 00" West 109.71 feet and North 430 41' 00" West 205.43 feet to the aforementioned east line of Route 9D and the Point of Beginning. Containing an area of 36.7.0 acres, more or less. Being further designated as Tax Map Grid No. 6157-01-288662. f Dutc'hess County Clerk Recording Page Record & Return To : Date Recorded : 11/07/2008 Time Recorded 9:2.5:00 VERGILIS, STENGER, ROBERTS & DAVIS, LLP Document# 02 2008 6907 1186 ROUTE 9 WAPPINGERS FALLS, NY 12590- ,,. ECEIVED" JUN 2 4 20M Received From : RIVER CITY ABSTRACT "TOWNIMEM Grantor : NATURE PRESERVE LLC Grantee :WAPPINGER TOWN Recorded In : Deed Tax District : Wappinger Instrument Type : EASE Examined and Charged As Follows Recording Charge : $80,00 Number of Pages : 16 Transfer Tax Amount: $0.00 #1704 Do Not Detach This Page Transfer Tax Number: * * This Is Not A Bill Red Hook Transfer Tax E &A Farm: N TP-584 : Y County Clerk By ace I Receipt# : R64490 Batch Record : D108 x Bradford Kendall County Clerk 0220086907 �u TRAIL RIGHT-OF-WAY EASEMENT THIS EASEMENT is made and entered into this day of June, 2008, by and between NATURE PRESERVE, LLC, a New York limited liability company having a place of business at 2446 Route 9D, Wappingers Falls, NY 12590, hereinafter referred to as the "Grantor", and the TOWN OF WAPPINGER, a Town incorporated under New York State Law, with a place of business at 20 Middlebush Road, Wappingers Falls, NY 12590, hereinafter referred to as the "Grantee". RECITALS: WHEREAS,Grantor is the owner in fee of certain real property consisting of approximately 47.9 acres in the Town of Wappinger,Dutchess County,State of New York("the Premises"),known at the time of this grant as Tax Parcel 9s 6157-01-240641 and 6157-01-288662, and more particularly described in deeds from The Camillo Irrevocable Trust to Nature Preserve, LLC dated August 10, 2005 and filed in the Office of the Dutchess County Clerk on August 26, 2005 as Document#02-2005-7607 and in a deed from Rita A. Brannen, as Successor Adminstratrix of the Estate of Margaret Capolino to Nature Preserve, LLC dated September 29, 2005 and filed in the office of the Dutchess County Clerk on October 11, 2005, as Document#02-2005-9076; and WHEREAS, Grantee is a Town incorporated under the New York State Law; and WHEREAS, Grantee is a member of the Wappingers Greenway Committee, an inter- municipal coordinating committee established for the purpose of developing the Wappingers Greenway Trail with representation from the Town of Wappinger, the Town of Poughkeepsie, Putnam-Highlands Audubon Society,Scenic Hudson,Hudson River Valley Greenway,and Dutchess County; and WHEREAS,Grantor desires to grant to Grantee,and Grantee desires to accept,an Easement across a certain portion of the Premises,which is coincident with a Sewer Line Easement previously granted to the Town of Wappinger, and said portion of the Premises more particularly described in the metes and bounds description and in the subdivision map entitled"SewerLine Easement",which description is annexed hereto as "Schedule A"and made a part hereof, in order to create part of the Wappingers Greenway Trail ("the Trail") for public access across the Premises; and WHEREAS, the Trail is intended to provide Grantee, The Town of Wappinger, residents of the Town of Wappinger, residents of the Town of'Poughkeepsie, residents of the Town of Wappinger,Putnam Highlands Audubon Society,Scenic Hudson,Dutchess County,and the general public with physical and visual access to the economic, cultural, scenic, historic and natural resources of the Hudson River Valley,and also to enhance Iocal and regional hiking and recreational opportunities through enjoyment of the Wappingers Greenway Trail as part of the Hudson River Valley Greenway Trail System. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants herein set forth, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants, transfers and conveys to Grantee, for the benefit of the Grantee, Wappingers Greenway Committee, and the public, a non-exclusive easement and right-of-way(the"Easement") over a portion of the Grantor's Premises as described in"Schedule A"annexed hereto and made a part hereof,("Trail Easement Area"),subject to any and all covenants, restrictions, easements, rights-of-way, agreements and conditions of record and any existing structures, utility installations, or improvements in said Trail Easement Area, for ingress, egress, and access by the Grantee and the public. It is agreed by the Grantee that the Trail will be located within the Trail Easement Area only and shall not infringe upon any lands of the Grantor outside the Trail Easement Area. It is further agreed by and between the Grantor and the Grantee that the Trail is not intended to consume the entire portion of the Trail Easement Area, but that the Trail will traverse through the Trail Easement Area as determined by the Grantee and the Trail will not exceed a maximum width of eight(8) feet at any point. The specific proposed location of the Trail within the Trail Easement Area shall be submitted by the Grantee to the Grantor and shall require the consent of the Grantor. Nothing contained in this Trail Right-of-Way Easement shall be construed to prohibit the placement of underground or overhead utilities within the Trail Easement Area,and shall be subject to those easements for Sewer Trunk Line previously granted to the Town of Wappinger by Grant of Easements recorded in the Dutchess County Clerk's Office at Deed Liber 1916,Page 18, and Liber 1916, Page 19. 2. Purposes, Conditions,Restrictions, Reserved Rights (A) The Easement is established for the sole purpose of non-motorized, recreational through-access for pedestrian users of the Wappingers Greenway Trail for quiet,passive recreational trail purposes by the general public including, but not limited to, such activities as hiking,walking,jogging,running,cross-country skiing,bird watching,and snowshoeing. Permitted uses shall not include,without limitation,swimming,hunting,trapping,fishing,motorized vehicles, bicycles, skateboarding, rollerblading, picnicking, cooking and camping. Grantee shall have the right to regulate or restrict uses including,but not limited to,those specific uses listed above,which Grantee determines to be unsafe or otherwise detrimental to the continued use,vitality,or condition of the Trail or the Trail Easement Area,or which the Grantor determines to be unsafe or detrimental to the Grantor's Premises or activities or operations thereon. Additionally, the Grantor shall have the right at any time to restrict the permitted uses of the Trail over the Trail Easement Area to only the activities of hiking, .walking, jogging, running, cross-country skiing, bird watching, and snowshoeing,upon thirty Q©)days' written notice to the Grantee,and the Grantee hereby agrees that in such event, Grantee will take all actions necessary to post signs and to advise users of the Trail of such restrictions and to enforce such restrictions. (B) It is hereby agreed by the Grantee that upon its determination of the location- of ocationof the Trail through the Trail Easement Area and opening of the Trail to the public,the Grantor shall have the option of filing with the Dutchess County Clerk an amended Trail Right-of-Way Easement amending the Trail Easement Area to an eight-feet wide easement encompassing the Trail as established by the Grantee under this Easement Agreement. The Grantee hereby agrees that in the event the Grantor gives written notice to the Grantee of Grantor's election to file an amended Trail Right-of-Way Easement as herein set forth, Grantee shall, at Grantee's sole cost and expense,have prepared a survey map and metes and bounds description by a New York State licensed survey accurately depicting the eight-feet wide easement area within which the Trail has been established and furnish the same to the Grantor for review. Upon Grantor's approval of the survey map and metes and bounds description, Grantor shall have prepared an Amended Trail Right-of-Way Easement amending this grant of easement so as to grant an easement over the eight-feet wide area within which the Trail has been established. The Grantor and Grantee hereby agree that upon satisfactory review of the Amended Trail Right-of-Way Easement by the Grantee,both parties will execute said Amended Trail Right-of-Way Easement in proper form for recording and the same shall be recorded in the Office of the Dutchess County Clerk at the expense of the Grantee and shall thenceforth supersede this Easement Agreement. (C) No structures of any kind shall be erected, constructed, placed, or installed within the Trail Easement Area without the written consent of both parties,excepting,however,that nothing contained in this Trail Right-of-Way Easement shall be construed to prohibit the placement, or the replacement or repair, of underground or-overhead utilities, or the replacement or repair of structures existing at the time of this grant of easement, within the Trail Easement Area, at the Grantor's option. The Grantor shall have no obligation whatsoever to grant consent to the Grantee's construction of any structures within the Trail Easement Area. (D) Grantor reserves the right for itself and its successors and assigns to conduct all usual and customary activities on, over, or across the Trail Easement Area,provided that public access is maintained and no structures are placed in the Trail Easement Areas, except as otherwise provided in this Trail Right-of-Way Easement. 3. Term. This Easement shall be effective on the date of filing of this fully-executed Easement in the Office of the Dutchess County Clerk and shall be perpetual in duration, except as otherwise provided herein. 4. Reliance upon State Law. The Grantor and the Grantee agree that in creating this Easement for public access each parte is specifically relying on the protection against liability contained in Section 9-103 of the New York General Obligations Law, and that for such purposes both the Grantor and the Grantee shall be deemed "occupants" of the Trail Easement Area as designated in this Easement, in addition to the Grantor and its successors and assigns being the owner of the Premises or having such other status provided in Section 9-103 of the General Obligations Law. The parties agree that in the event of any repeal or amendment of Section 9-103 of the General Obligations Law which diminishes its protective effect of the Grantor, it successors or assigns, with respect to liability for the use of the Trail Easement Area, the Grantor, or its successor in interest,shall have the option of extinguishing this Easement upon written notice to the Grantee,or its successor in interest_ In the event the Grantor, or its successor in interest, shall elect to extinguish this Easement as herein provided, the Grantee, or its successor in interest, shall cooperate with the Grantor, or its successor in interest, in executing any necessary documentation in proper form for recording in the Dutchess County Clerk's Office to extinguish this Easement,and the Grantee shall effect recording in the land records of the Dutchess County Clerk at Grantee's expense. The Grantee or its successor in interest shall take all steps necessary to terminate and prevent use of the Trail or the Trail Easement Area within thirty (30) days of Grantor, or its successor in interest,mailing or personally delivering written notice of its election to extinguish this Easement,during which thirty(30)day period the Grantee,or its successor in interest,shall continue to maintain all insurance coverage of the Grantor, or its successor in interest, as provided in this Easement Agreement. 5. Construction and Maintenance. When the Trail shall be opened for public use, the following shall apply: (A) Grantee, in cooperation with the Wappingers Greenway Committee, shall at all times be responsible for performing routine and periodic maintenance of the Trail and Trail Easement Area consistent with generally accepted standards for similar unpaved public recreational trails, at Grantee's sole cost and expense. (B) The Trail Easement Area and Trail shall be kept in a substantially natural state as the same currently exists, with only those improvements, alterations, and trail markings needed to provide a safe and inviting path for the public,it being specifically understood and agreed that the Trail will not be paved. (C) Grantee's regulations for the use of the Trail and Trail Easement Area will prohibit motorized vehicles, swimming, bicycles, camping, cooking, hunting, fishing, trapping, skateboarding, rollerblading, and picnicking, as well as such other activities which the Grantee determines to be unsafe or otherwise detrimental to the continued use, vitality, or condition of the Trail or the Trail Easement Area,-and which the Grantor determines to be unsafe or detrimental to the Grantor's Premises or activities or operations conducted thereon. (D) Grantee, its successor or assignee, in its sole discretion, shall have the right to suspend public use of the Trail from time to time for maintenance purposes or safety reasons. (E) This Easement does not convey any right for the general public or the Grantee to establish or use parking spaces on the Premises in order to access the Trail or for any purpose whatsoever. (F) Grantee shall construct and at all times maintain the Trail in a safe and clean condition, shall at all times maintain the Trail in accordance with and consistent with all provisions of this Easement, and shall enforce the rules and regulations for the Trail which it issues pursuant to Section 5(C) above and as consistent with all other provisions of this Easement. (G) Grantee agrees that it will not take any action or perform any activities on the Trail Easement Area,nor will Grantee permit the same by any user of the Trail,which would restrict, interfere with,obstruct,or prevent the use of the Trail Easement Area by anyone having pre-existing rights to such use. 6. Assi ment of Duties; Failure to Perform. Upon written notice by the Grantee to the Grantor given by Certified Mail,Return Receipt Requested,Grantee shall have the right to assign its responsibilities for management, maintenance, insurance, and other duties under this Easement Agreement to an agency of government or to a qualified not-for-profit entity, as the Grantee may determine, in its sole discretion, or to another person, association, or organization acceptable to Grantor. The person(s)or entity accepting such an assignment shall be deemed to have assumed all of the Grantee's duties and obligations set forth in this Easement Agreement throughout the period that such assignment remains in effect; however, such assignment shall not relieve the Grantee of its duties and obligations set forth in this Easement Agreement in the event of the assignee's failure to comply. In the event the Grantee, or any assignee or successor in interest of the Grantee, shall fail to timely perform any of the obligations of the Grantee as set forth in this Easement Agreement, the Grantor, or its successor in interest, shall give written notice to the Grantee, and its successor in interest,of such failure. Upon such notice being given,the Grantee,or its successor in interest,shall immediately cure such failure so as to comply with the Grantee's duties and obligations set forth in this Easement Agreement. In the event of failure of the Grantee,its successor or assignee,to provide proof of insurance as set forth herein, or in the event of the existence of a dangerous condition or safety hazard with respect to any part of the Trail Easement Area which may come to the attention of the Grantor, or its successor in interest, the Grantee, its successors and assigns, shall have the obligation to take all steps necessary to immediately suspend public access to and use of the Trail and any part of the Trail Easement Area until such failure is remedied, and/or such dangerous condition or safety hazard is remedied. Nothing contained in this Easement Agreement or in this paragraph shall be construed to impose upon the Grantor or its successor any obligation whatsoever to monitor the condition of the Trail or the Trail Easement Area at any time or to discover any unsafe or hazardous condition. 7. Insurance and Liability. Grantee agrees to maintain, at all times during which the Trail Easement Area is open for public use, and at Grantee's sole cost and expense, a standard policy of general commercial liability insurance with respect to the entire Trail Easement Area, said policy presently to have a coverage limit not less than $2,000,000.00 and which coverage amount shall be upwardly adjusted upon request of the Grantor, not more frequently than every five years. .Grantee shall at all times cause Grantor, its heirs, successors, and/or assigns, to be named as an additional insured on said policy of insurance for any liability arising from use of or acts or omissions with respect to the Trail Easement Area. The Grantee agrees to furnish to the Grantor, its successors or assigns,a certificate of insurance evidencing the coverage herein provided prior to opening the Trail to public use and in advance of each renewal period during which the Trail shall be open to the public. In the event the-Grantee,its successors or assigns,shall elect to close the Trail for any purpose whatsoever, whether temporarily or permanently, the Grantee shall notify the Grantor, its successors or assigns, in writing, in advance of such close of the Trail. It is hereby agreed by and between the parties that the Grantee will indemnify the Grantor, its successors and assigns, for any and all liability, damages, costs, expenses, and reasonable attorneys fees which the Grantor or its successors and assigns may incur by reason of this grant of Easement and use of the Trail Easement Area of the Trail. S. Amendment,Variance and Waiver. This Agreement may only be amended by written instrument executed by the Grantor and the Grantee, or such parties' successors in interest, recorded in the Office of the Clerk of the County of Dutchess. 9. Enforcement. The parties may enforce this Easement Agreement in law or in equity, against any or all persons or entities responsible for any violation hereof. Failure to enforce any provision herein contained shall in no event be deemed a waiver of a right to do so thereafter as to the same violation or breach or as to any violation occurring prior or subsequent thereto. 10. Easement Runs with the Land,• Binding Effect on Successors and Assiggs. Except as hereinafter set forth, this Easement shall run with title to the servient tenement in perpetuity and shall bind and be enforceable by and against the parties, their successors and assigns. As used in this Easement Agreement, the term "Grantor" shall include the original Grantor and its successors and assigns;the term"Grantee"shall include the original Grantee and its successors and assigns. 11. Abandonment. In the event the Grantee,its successors or assigns, shall at any time abandon or discontinue the use of the Trail by the public as a part of the Wappingers Greenway Trail for a period in excess, of one (1) year, in such event, the Grantee, its successors or assigns, shall be deemed to have abandoned the. Easement granted herein and this Easement, and all rights and obligations created herein, shall be deemed terminated and extinguished. 12. Governing Law. Thin Trail Right-of-Way Easement shall be governed by and construed in accordance with the Laws of the State of New York. 13. Construction of Easement Agreement. The parties agree that this Easement Agreement has resulted from negotiations between the Grantor and Grantee in consultation with their respective counsel, and, accordingly, any ambiguities which may be found to exist shall not be interpreted in favor of or against either party. IN WITNESS WHEREOF,the parties hereto have executed this Trail Easement as of the date set forth above. NATURE PRE LLC, bra r BY�TURT D. K HNER, Member W OF W PPI ER, Grantee IS CO S Y, Town Sup BY: CHRISTOPHER CO SES", Town Supervisor STATE OF NEW YORK ) )SS: COUNTY OF DUTCHESS ) On the Vflay of June, 2008, before me, the undersigned, a notary public in and for said state, personally appeared KURT D. KUEHNER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is(are) 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(s), or the person upon behalf of which the individual(s) aced, executed the instrument. N TC JO L D. HA ICS STATE OF NEW YORK } NOTARY P LIC,-Stet of New York )SS: Mufeffi�a�n chessCo_, o2w�asts3s GOMM ai iMN 3D,2D /� COUNTY OF DUTCHESS ) On the/9 day o2008, before me, the undersigned, a notary public in and for said state, personally appeared CHRISTOPHER COLSEY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is(are) 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(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC ALPFPT p t? RI RTS A�9T�t Pt� �IC, t�tg c.T 'eiu Yor$ RECORD AND RETURN TO: ? ter etc`=Fss Cou ALBERT P. ROBERTS,ESQ. kn Fx�s F VERGILIS, STENGER ROBERTS &: DAVIS, LLP 1136 Route 9 Wappingers Falls, NY 12590 SCHEDULE A 1 of 4 From: Keith G. Capolino Permanent Easement No. I of 1 0.198+ Acre Par'ne1 Town of Wappingei: Tai The Town of Wappinger bn putchess County, ITew York Fsehal.f of The Wappinger } Sewer Transinission/Treatment xnpro renent Area Seginni.ng at a point,- said point; being distant, 5o�th 430 361 d0" TEast 206.31 feet, South 220 0.671 AOt' East 209,71 feet, South d3° 36' 40" East 265.00 feet`. and South 04° 57' 00 West 1,80.00 feet from tbA northerly Corner of Varcel "A't as shown On a map entitled, "Subdivision Plat + Prepared for rlargaret capoliilor' an file in the Dutchess County Clea','s Office as File reap Ho. 9145, Said paint of beginning being on the r Waste.rly line of other lands of s?1.d Capolino .(Parcel "S" -- rile 11aF) A Ip• 9145} , thence leaving said point of beginning and running along the westerly Lista of said Capalino (Parcel "FB" - File. Map NO. 9'. South 18" 49, 30" East 69.28 feet; thence leaving said westerly liR0 of Capoli1jo (Parcel 118" -• File Hap Na. 9245) and running through la,Kds Of capolino (Parce3. "A'! l-ile, Nap No. 9145), South 030 ;L5' 00" West 147.03 feet and South 6611 10'40" East 72.88 feet to a point being an the afarementi.ored westerly line of lands of Capolino (parcel "8': -rile Vap No. 9145) ; thence running along said westerly lot line, South 184 491 3011 East 39,54 feet; thence leaving said westerly lot line and running through-said lands of Capolino (Pa�rcej "A" - File Map rho. 9145} the following courses and distanaes: Nartil 68° 101 40" West- 7 20 '21 feat; lTocth 03°. 16` 04" East 194 73 feet. mid North 090 111 lot, East 38.27 feat to the point of beginning cantanincY 0.181 acres of land. x Faggi & Martin Ravzsed a7+z114- 3, 1992 89-077 1 SCHEDULE A 2 of 4 From: )✓state of Maxgarat Cauolino re_rmianent Easeu:ent leo. a of 2 0.728 - Acre Parcel. To: The Town of Wappinpr on Town of Wappinger Behalf of The Wappinger Dutchess County, b'few York sewer Transmission/Treatment Improvement Area Beginning at a point, said point being distant, North 240 26' 2011 East 111.32 feet and North 20 06' 20" East 37.89 Leet fron the northerly corner of Parcel as shok`n on a reap entiLl'ad, IISabdivision Plat ;,xepared for Margaret Capolino", on file in the DUtcheRS County C161k°s office as F'iliE I-lap.No. 9145, said point of beginning also being bn the easterly line of Neu York State Route 9D; thence continuing along said easterly road line,' Forth 10t 06' 20" East 30.02 feet; theme leaving said easterly road line and `running through said :Lands of Capoli.i:o (Parcel 118`T - File reap No. 9146) the following courses and distances: s. South 71" 59' 50" East 252.69 feet, South 460 47t 2o" East 163,03 feet, =' South 020 07! 0011 West 317.59 feet and South 094 58' 2011 West 337.05 feet to a point being on the easterly line of said,Parcel "A", File Map No, 91.415; thence running along said easterly lot line, North 180 49' 3011 Hest 69.26 feet_, thence leaving said easterly lot line and running through said lands of capoliilo (Parcel wB11 -- rile iJan No. 9145) the following courses and distances: North 10° 4o' 10" East 27.4.43 feet, North 020 07t 00" East 301.85 feet, North 461, 471 20" West 1.62.68 feet and North. 71°. 59' Solt West 247.28 feat to the point of beginning containing 0.7281- acres of land, Paggi & Ijartin Revised Uwie 3, 1992 99-077 Page 1 of 2 i s SCHEDULE A 3 6f 4 ' FLam: Estate of Razgaret Capa7.ino permanent Easement No. 2 of 2 0.859.1 Acre Parcel To: The Town of Wppinger cn ���/// Town of Wappirtgex Behalf- of The.Wapginger Outchess Count,'-'j 2Yet� York a sawer Txarssmission/Treatment zpoveme7st Area _ egin�arlg at a� point, said point being distant, south 43° 36t 4�" duet 206.31 feet, South 22° 06t 40" East 149.71 feet, South 42' 36' 40" Eas'� 265-60 feet, South 04' 57' 00" Nest 380.00 feet and South .l6° 49' 30° East 252.99 feet from the northerly corner of ParcZ „A" as sixown ori a _!. map entitled, "Subdivision Plat for Margaret Capaclinon, on file in the _ Dutchess,County Clerk's office as Fixe trap No. 9146, said point of beginning. being on. the easterly line of Said Parael "Ani thence leavimj said easterly lot line and running through said lands of C4polino (Parcel °B'i - File X44 Va, 91.45) the following courses and distances: 9 South 6811 10' 40" E4S't 43.64 feet, south 510 43t 00" East 194.64 feet, Sautti 92° 5e� 50" Fe 279.35 feet, South 66° 33' 10!' East 344.33 feet, Sout824 56' 30" East 30 .28 feet and North 45° 22' 20" East 77.25 s. feet to a point being at the vesterly corner of lands me or coriner3a kstroe , Liber 1751, Page 045; thence leaving said vrest28D cornet az�d running along the westerly line of said Elcstroem, South 28° 02' 00" East 31.14 feet; thence leaving said westerly line of Ensrraem and running through said lands of Carolina (parcel "B„ -' File Map ITo. 91.45) the following courses and distances: South 46° 22' 20" estWes83.x.5 feet; North 820 52' 3o" gest 323.81`feet., North s6°-33' 10" 41est 359.44 feet, North 026 56' 50„ East 284.65 feet, Borth 51°. 43' 00" West 174.130 feet and North &$° 10' 40,T `;Fest: 13.75 feet to a point. be; g on the feet rly line of said (parcel ,B"• File iiap No_ 9145)i thence running clang said westerly line, North Igo 49' 30" i�Est 39.54 feet to the paint of beg inning.containing 0.853± acres of land. i Paggi & Hartin ' Remised.June 3, 1x9 09-'077 Page 2 of 2 i i SCHEDULE A 4 of 4 Lu From: The Estate Of Margaret Capolino Permanent Easement 0-265:i7 Acre Parce! i. To: The Town of wappinger To,,vr- - lilapp 9 rn er In ruutchess County, NH-,,,,( York a. a s Beginning at a point, said point being at the southeasterly corner of Parcel as shown on a reap entitled, "Subdivision Plat for Margaret Capolino" e on file in the Outchess County Clerk's office as File Map No. 9745, said si point also being at the southwester;y corner of lands now or Formerly Morse, Liber 2031, Page 42, and said point being on the northerly line of E Old Hopewell Road; thence leaving said common corner and running along L the northerly fine of.01d Hopewefl Road, North 85° 48' 1.0"West 35.46 feet; thence leaving said northerly line of Old Hopewell Road and running 1 thraLIGh lands of the Estate of Margaret Capolino the following courses and distances. Morth.28° 02' 00"1Nest`329 J7 feei, North 82° x 52' 30" West 7t 51.17 feet and North .46°-22' 2Q" East 74.58 feet to a point being on the westerly line of lands naw or formerly Ekstroern, Liber 1751, page 45; thence running along the westerly line of said Ekstrozm and the westerly line of lands now or formerly Yanarella, Liber 1755, Page 530, lands now or formerly 1_ioy, fiber 1860, 'Peep 431, and the westerly line of the aforementioned Morse, South 2811 02' 00" East 398.20 feet to the point of beginning containing 0.285 acres of land. Paggi, Martin & Del Bene LLP September 8, 1999 89-077(3A) - TOWN OF WAPPINGER 4 . PLANNING BOARD DISTRIBUTION SUBDIVISION- SIGNED RESOLUTION & FILED MAP FILED MAP# 9145A PROJECT NAME: The Preserve DATE PREPARED: November 5, 2008 DISTRIBUTED FOR YOUR RECORDS RESOLUTION WITH APPROVED PLANS: 2 CERTIFIED COPIES & 6 copies of filed map X TOWN FILE—Certified Map X TOWN CLERK.--Original Resolution & Certified Map X TOWN ENGINEER X TOWN PLANNER X BUILDING INSPECTOR X HIGHWAY SUPERINTENDENT X DUTCHESS 911 ADDRESSING OFFICE X ZONING ADMINISTRATOR RECEIVED c RESOLUTION ONLY:_ X RESOLUTION FILE X TOWN ATTORNEY TOWN CLL,-RK X TOWN BOARD X TOWN SUPERVISOR X TOWN ASSESSOR X FIRE PREVENTION BUREAU X APPLICANT RECEIVED X APPLICANT'S ENGINEER 1 ARCHITECT 19 X DUTCHESS COUNTY SOIL&WATER X CENTRAL HUDSON--EASEMENT/UTILITY PAGE Nov 03 2008 RECREATION DC DEPT. OF PUBLIC WORKS (COUNTY ROAD) 7'©f CLERK DEPT. OF TRANSPORTATION (STATE ROAD) VILLAGE OR TOWN ORIGIN FREDERICK P. CLARK ASSOCIATES, INC—," , -5a, vid H. Stolman, A]CP,PP Planning/Deveiopment/Environment/Transportatiori "`-"`Michael A. Galante Rye, New York and Fairfield, Connecticut Joanne P. Meder, mop 350 Theodore Fremd Avenue Rye, New York 0580 David J. Portman,FAICP (914) 967-6540 - FAX (914) 967-6615 MEMORANDUM To: Barbara Roberti, Planning Board Secretary Date: February 6, 2008 Subject: The Preserve 53-Unit Townhouse Development We have prepared the attached revised Resolution of Amended Site Development Plan, Final Subdivision Plat and Wetlands Permit Approvals for your use and filing. If you have any questions regarding the resolution, please do not hesitate to call. David H. Stolman, AlCP, PP President Melissa Bain Associate/Planning Attachment jmocs2\500\wappinger\presrrvc 557 prn(f)mummb.doc Connecticut Hudson Valley Long Island ernail@fpclark,corn (203)255-3100 (845) 297-6056 (516) 364-4544 wvvw.fpclark.com 02/06/08 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT — RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN, FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS 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 4 day of February, 2008 at 7:30 P.M. The meeting was called to order by Chairman Victor Fanuele and upon roll being called, the following were: PRESENT: Chairman - Victor Fanuele Boardmembers - Aaron J. Finch - Marsha Leed - Eugene Pinto William Kickham Robert L. Valdati - Lori McElduff l f The fo w' resolution was moved by and seconded by f WHEREAS, the Town of Wappinger Planning Board received applications from Kurt Kuehner of Prime Equities, LLC (the "Applicant") and Keith Capolino the "Owner") for amended site development plan, final subdivision plat and wetlands permit approvals for a multifamily development consisting of fifty-three (53) three-bedroom units (a total of 159 bedrooms) with associated parking and site improvements including but not limited to: connection to the municipal sanitary sewer system; a private common well and water system; recreational facilities including a tennis court, picnic area, tot lot and trail system (the "Pr6ject,""Subdivision," or "Proposed Action"); and WHEREAS, the subject property consists of 48} acres of land on two tax parcels, 6157-01-240641 and 6157-01-288662, located in the RMF-3 Multifamily Residence District, with frontage on Old Hopewell Road and Route 9D the ("Subject Property" or "Site"); and WHEREAS, the Applicant submitted a Full Environmental Assessment Form (Parts 1, 2 and 3) dated 5119/04, last revised 7114/04; a Stormwater Management Report dated 12/28/04; a Storm Sewer Design dated 12/28/04; a Sanitary Sewer Lift Station and Water, THE PRESERVE 53-[INTI' MULTIFAMILY DEVELOPMENT - RESOLUTION, OF AMENDED SITE DEVELOPMENT PLAN.FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS Line Extension Report dated 12128104; a Threatened and Endangered Species Survey prepared by Michael Nowicki and dated 8/11/04; a Wetland Functional Evaluation prepared by Michael Nowicki and dated 7/14104; a traffic study dated 1J29/04, last revised 6111104; a sight distance analysis prepared by Kenneth B. Salzmann, L.S., dated 2/4/05; Proposed Exterior Materials, not dated, Building 1 — West Elevation, not dated; Building # 1 — Exterior Elevations, dated 1/10105; and the following sheets of plans prepared by Mark A. Day, P.E. generally entitled "The Preserve, Town of Wappinger, Dutchess County, New York," with latest revisions dated December 6, 2007, unless otherwise noted; L "Title Sheet," dated October 15, 2003, last revised January 26, 2008; 2. "Site Plans, dated October 15, 2003, Iast revised January 26, 2008; 3. "Subdivision Plat-A," dated October b, 2006; 4. "Subdivision Plat-B," dated October 6, 2006; 5. `Berry Lane-Profile," dated October 15, 2003; 6. 'Doe.Trail-Profile," dated October 15, 2003; 7. "Landscaping/Lighting Plan," dated October 15, 2003, last revised January 26, 2008; 8. "SWPPP-P1an,"dated December 20, 2004, last revised January 26, 2008; 9. "SWPPP-Details," dated August 15, 2005; 10. "Construction Details-1," dated December 23, 2004; IL "Construction Details-2," dated December 23, 2004; 12. "Wetland Location,"August 2003 — September 2003; 13. "NYSDOT Entrance Plan," dated March 21., 2005; 14. "DCDPW Entrance Plan," dated March 21, 2005; 15. "Sewer Main Profile-1," dated December 20, 2004 16. "Sewer Main Profile-2," dated December 20, 2004 17, "Sewer Main Profile-3," dated December 20, 2004 18. "Sewer Details," dated March 24, 2005; 19. "Watermain Profiles-1," dated February 3, 2006; 20. "Watermain Profiles-2," dated February 3, 2006; 21. "Pump House Details-1," dated March 17, 2005; 22. "Pump House Details-2," dated October 27, 2005; 23. "Water Storage Tank Details," dated October 25, 2005; 24. "Water.Details," dated March 24, 2005; and 25. "Pump House Generator Specs/Details," dated October 6, 2006. WHEREAS, the Town of Wappinger Planning Board received applications from the Applicant and Owner for subdivision and site plan approval for a multifamily development consisting of a total of fifty-one (51) three-bedroom fee-simple townhouse units with associated parking and site improvements (the "Original Project"); and WHEREAS, on February 7, 2005 the Planning Board granted Preliminary Subdivision Plat Approval to the Original Project; and 2 of 11 THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS WHEREAS; the Applicant subsequently made application to the Planning Board to divide an existing single-family home into two (2) three-bedroom fee--simple townhouse units and add them to the Original Project, thereby resulting in a total of fifty-three (53) dwelling units (the "Project," "Subdivision," or"Proposed Action"); and WHEREAS, the Subject Property contains Town of Wappinger regulated wetlands and New York State Department of Environmental Conservation (NYSDEC) regulated wetlands; and WHEREAS; the Applicant proposes several encroachments into the Town and NYSDEC 100-foot regulated wetland buffers, for a stormwater detention basin and sewer lines, for which Town and NYSDEC permits will be required; and WHEREAS, the Applicant submitted the above referenced wetlands functional analysis, and an addendum dated January 13, 2005, which conclude that the proposed buffer encroachments will not have an adverse impact on the wetlands; and WHEREAS, the NYSDEC identified two species, RattIebox (endangered) and Violet Wood Sorrel (threatened), as having been "recorded within or near the project site;" and WHEREAS, the Applicant submitted a Threatened & Endangered Species Survey that concluded that "none of the plant species recorded were observed in any of the proposed development on the property or any associated area on the property" and that "the NYSDEC records of these species are most likely from the 1800s and are historic records of species that are most likely extirpated from the area;" and WHEREAS, the multifamily development, not counting the proposed trail system for the development, provides 307 square feet of recreation area per dwelling unit for the fifty-three (53) units, which recreational amenities consist of a tennis court, a picnic area and a tot lot, exceeds the minimum Town requirement of 300 square feet per unit; and WHEREAS, the plans were submitted to the Dutchess County Department of Planning and Development (DCDPD) and the DCDPD responded by letters,dated 5/3/04, 7/19104 and 1/13/05, requesting in their latest correspondence that building elevations be submitted for their review; and WHEREAS, the DCDPD also made a number of comments including the recommendation that the two separate cul-de-sacs be connected; that sidewalks be provided; that land be turned over to the Town or placed under an easement for recreational purposes including a trail; that the architecture of the site be not garage dominated; and that lighting be designed at a pedestrian scale to avoid excessive glare and skyglow; and 3of11 THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN,FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS WHEREAS, the Applicant presented photographs of comparable townhouses and the Planning Board conceptually approved the appearance of the townhouses after requiring the Applicant to place breaks in the rows of units to provide visual relief and opportunities for pedestrians to access trails and recreational facilities; and WHEREAS, all of the above mentioned comments were addressed in the course of the review as follows: connection of the two cul-de-sacs was discussed and it was deemed that the necessity to encroach into the wetlands buffer would potentially offset the benefits of connecting the cul-de-sacs and that the lengths of the cul-de-sacs were not great enough to require a connection for emergency access; a sidewalk was provided in the initial stretch of the southern portion of the development with connections to the. development's trail system; the Applicant has been directed to pursue the placement of a trail within the sanitary sewer easement that runs through the property and to prepare easements permitting public access for recreational purposes over portions of the Site; the Planning Board directed the Applicant to revise the layout of the multifamily.units by breaking up larger, continuous rows of units so that the longest continuous row consists of 10 units and to require additional landscaping to further mitigate the visual impact of the units; the pole mounted lighting fixtures are of a traditional design and are 14 feet in height; and WHEREAS, the Applicant requested to use an existing barn on the property for a showroom and the Planning Board denied the request citing numerous issues pertaining to the barn, including septic problems and that the barn be removed after being used as a temporary staging facility for construction of the development; 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, the Land Subdivision Regulations and Chapter 137 of the Town Code; and WHEREAS, the Planning Board determined that the Subdivision will result in the creation of(53) small lots for the dwelling units with the balance of the Subject Property to be owned in common by the Homeowner's Association (HOA); and WHEREAS, the Subject Property currently consists of two (2) tax parcels and the Planning Board determined that the Subdivision will result in the creation of fifty-one (51) new building lots within the Town of Wappinger; and WHEREAS, the Proposed Action is Type I action with respect to both SEQR and WEQR and a Notice of Intent to Serve as Lead Agency was circulated and the Planning Board assumed the role of Lead Agency after no objections were received; and 4 of 11 THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT AND WETLANDS PERMTr APPROVALS WHEREAS, a duly advertised public hearing was held on September 5, 2007 at the Wappinger Town Hall, at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; and WHEREAS, the Planning Board adopted a Negative Declaration and granted amended Preliminary ,Subdivision Plat Approval on September 17, 2007. 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 since, in accordance with the Land Subdivision Regulations, fifty-one (51) new building lots will be created within the Town of Wappinger as a result of the development and that the development will result in a proportionate increase on the demand for all of the Town's recreational facilities and programs and further, that lands appropriate for reservation for recreational purposes to meet the development's needs do not exist on site and therefore a-fee�in lieu of the reservation of land for recreational purposes in a per-lot amount based on the fee in existence at the time the Planning Board Chairman signs the map will be required as a condition of Final Plat approval. 3. The Planning Board hereby grants amended Site Development Plan, Final Subdivision Plat and Wetlands Permit Approvals for a multifamily development consisting of fifty-three (53) three-bedroom fee-simple townhouse units, with associated parking and site improvements in accordance with the provisions of the. Zoning Law and Chapter 137 of the Tow Code 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 prepare a final subdivision plat in accordance with Appendix A, Section A-5 of the Town of Wappinger Land Subdivision Regulations. C. The Applicant shall submit a statement signed by the Town's Tax Collector that all taxes due on the subject property have been paid. 5ofll THE .PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RESOLUT30N OF AMENDED SITE. DEVELOPMENT PLAN FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS d. The Applicant shall submit the plat to the Dutchess County Department of Health for its review, approval and signature and shall submit proof of such approval to the Planning Board, to the satisfaction of the Town Engineer. e. The following comments in the Dutchess County Department of Public Works (DCDPW) November 8, 2007 letter and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town Engineer: Plans to reprofile and reconstruct an approximately 720 foot long section of CR28 shall achieve an alignment — by lowering CR28 approximately 20 inches — whereby the required sight distance requirements will be achieved for the proposed subdivision road. Of The Applicant shall secure all necessary approvals from the Dutchess County Department of Public Works, to the satisfaction of the Town Engineer. g. The Applicant.shall secure all necessary approvals from the New York State Department of Transportation including for the respective curb cuts on Old Hopewell Road and Route 9D, to the satisfaction of the Town Engineer. h. The following comments contained in the Town Engineer's letter .to the Planning Board dated December 10, 2007 and all comments in any subsequent letter(s) issued, shall be fulfilled to the satisfaction of the Town Engineer. J (1) The Project requires approvals from the New York State Department of Health, the.Dutchess County Health Department and the New York State Department of Environmental Conservation. 1 (2) The Applicant shall confirm that the existingwell to the o south is ( located farther from Production Well No. 1 than the Horvath well. i. The site plans and final plat shall be revised to depict and describe the location and nature of the Declaration of Restrictions for Wetlands Protection Q and the Applicant shall submit a PP draft of this Declaration, to the satisfaction of the Town Planner and Town Attorney. I. The site plans and final plat shall be revised to depict and describe the location and nature of the trail easement within the sanitary sewer easement and the Applicant shall submit a draft legal easement, including provisions 6ofJ1 THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS for public access to the Greenway Trail for passive recreation, to the satisfaction of the Town Attorney, the Town Engineer and the Town Planner. Ply The Applicant shall submit all appropriate and required forms and documents including the Declaration of Restrictions for Wetlands Protection and the trail easement. /1_J. b The Applicant shall prepare articles of incorporation and charter for the Homeowner's Association in accordance with the standards and requirements of Section 240-1.9.C(6) of the Zoning Law, to the satisfaction of the Town QiL n' Attorney. No signs are being approved by the Planning Board as part of this application. Any signage desired by the Applicant in the future shall be subject to the review and approval of the Planning Board. J n. As a condition of Final Subdivision Plat Approval, the Applicant shall pay a 0 fee in lieu of the reservation of land for recreational purposes in an amount based on the fee In existence at the time the Planning Board Chairman signs the Final Subdivision Plat, to the satisfaction of the Town. Al0. No building permits may be issued for any lots in this subdivision until the U iQ� rough grading, drainage improvements, .water, sewer, underground utilities, t t on-site water and sewer improvements and binder course for the roads have been completed, to the satisfaction of the Town Engineer, or until said improvements have been completed to the satisfaction of the Town Engineer for the particular phase in which the building permit is required if a phasing construction plan is approved by the Planning Board. A note to this effect shall be placed on the final plat, to the satisfaction of the Town Engineer. P. he plans shall be signed and sealed by a licensed surveyor and engineer, all metes and bounds shall be finalized, and all required signature blocks shall be endorsed, to the satisfaction of the Town Engineer. 4. The following conditions shall be satisfied prior to commencing any site construction: a. The Old Hopewell Road access cannot be used until the Applicant has secured all necessary permits from the Dutchess County Department of Public Works and has completed the construction of all work and improvements for the Old Hopewell Road entrance, to the satisfaction of the Dutchess County Department of Public Works. 7of11 THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS b. The Applicant shall secure .all necessary permits from the New York State Department of Transportation including for the respective curb cuts on Old Hopewell Road and Route 9D, to the satisfaction of the Town Engineer. C. A Declaration of Restrictions for Wetlands Protection shall be filed and placed on the deed to protect the on-site wetlands and the Applicant shall submit evidence of this filing, to the satisfaction of the Town Attorney and the Town Planner. d. A trail easement shall be filed within the sanitary sewer easement, including provisions for public access to the Greenway Trail for passive recreation, and the Applicant shall submit evidence of this filing, to the satisfaction of the Town Attorney, the Town Engineer and the Town Planner. C. The wetland buffer boundary shall be delineated on-site by means of snow fencing, to the satisfaction of the Town Engineer and Town Building Inspector. f. The existing road located within the on-site wetland buffer can be.used only for site construction access purposes and must be restored to grass once construction is complete, to the satisfaction of the Town Building Inspector. 5. The Owner's professional representative shall maintain an on-site sediment and erosion control and stormwater facilities inspection log containing all results of inspection and remedial measures taken in response to any environmental problems identified during the construction process. The inspection log shall be available for review by.the Town Building Inspector, Town Engineer, Highway Superintendent, or other authorized agent of the Town of Wappinger at all times during construction. 6. Detention/water quality basins ("stormwater facilities") shall be inspected at commencement of construction and at a minimum, one time per week, and before and immediately after every rainfall event that exceeds one inch over a 24-hour period until construction of the stormwater facilities is completed. Temporary and permanent stormwater facilities shall be repaired as needed to ensure that they function properly throughout the duration of the construction process. 7. The Owner's professional representative shall be required to remedy promptly, as reasonably required by the Town Building Inspector, Town Engineer, or other authorized agent of the Town of Wappinger, any material failure of erosion control measures or stormwater facilities before additional site area may be exposed. 8ofll THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS 8. The Town Building Inspector, Town Engineer, or other authorized agent of the Town of Wappinger will have the authority to require and the Applicant reserves the right to place additional erosion control measures on an as-needed basis. 9. The Fire Prevention Bureau and/or the Fire Inspector shall inspect the premises; including but not limited to the installation of hydrants, and evidence of their satisfaction shall be submitted to the Town Zoning Administrator. 10. 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. 11. In accordance with Article IX of the Zoning Law, unless otherwise extended by the Planning Board for good cause shown, this Site Development Plan Approval shall expire and become void one (1) year from the date of the adoption of this resolution if an application for a Building Permit has not been made, or three (3) years from the date of the adoption of this resolution if construction in conformance with the approved Site Development Plan has not been.completed, if the construction is not prosecuted with reasonable diligence, or if the premises has been substantially vacant or inactive for more than three (3) years. 12. The following conditions shall be satisfied prior to the issuance of a Certificate of Occupancy: a. The Applicant shall fulfill all of the conditions of, and shall complete all improvements required in accordance with this Resolution of Site Development Plan Approval, to the satisfaction of the Planning Board, the Town Engineer and the Town Attorney, or the Applicant shall fulfill all of said conditions -and improvements for the particular phase in which the Certificate of Occupancy is requested if a construction phasing plan is approved by the Planning Board, to the satisfaction of the Town Engineer and the Town Attorney. b. Certified "as-built" drawing(s) shall be submitted to the Town Zoning Administrator upon completion of construction and landscaping. 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 the review of this Project which are in excess of the application review fees paid by the Applicant 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 9of11 THE PRESERVE 53-UNIT MULTIFAME-Y DEVELOPMENT - RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS (30) day period and an extension therefore 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. 14. 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 their receipt of a copy of the resolution. When all of the conditions as set forth above have been satisfied, and when the Applicant has funded the application review escrow account established for the Project to its original amount, nine (9) copies 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 have complied with the above conditions of approval and that the Final Plat is authorized for filing with the County Clerk, Division of Land Records. One (1) set of the endorsed plans will be returned to the Applicant, one (I) set will be retained by the Planning Board, and one (1) set each will provided to the Town Building Inspector, Town Engineer, Town Planner, Town Highway Superintendent, Town Assessor, Fire Prevention Bureau and the Dutchess County 911 Addressing Office. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Victor Fanuele, Chairman Voting: Aaron J. Finch Voting: Marsha Leed Voting: r Eugene Pinto Voting: William Kickham Voting: Robert L. Valdati Voting: Lori McElduff Voting: The resolution is hereby duly declared adopted, Dated: , 2008 Wappinge Falls, New York 100f 11 THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - RE-SOLUTION OF AMENDED SITE DEVELOPMENT PLAN.FINAL SUBDIVISION PLAT AND WETLANDS PERMIT APPROVALS Victor Fanuele, Chairman Date Town of Wappinger Planning B oard 2 �- K Kuehner or Nature Preserve, LLC Date Applicant and Owner The following endorsement hereby confirms that the Applicant has fulfilled all of the 'conditions of-this resolution of amended site development plan, final subdivision plat and wetlands permit approvals necessary for endorsement and filing of the Site Plan and Subdivision Plat with the County Clerk Division of Land Records. Victor Fauuele, Chairman Date Town of Wappinger Planning Board j:ldocs2\5001wappingerlpreserve 557 pm(0 revised.mb.doc 11 Of 11 IBM 72 FREDERICK P. CLARK ASSOCIATES, INC. David H. Sfolman, A)CP,PP PIan ning/Deveiopment/Environ ment/Transportation Michael A. Galante Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Joanne P. Meder, ArcP Rye, New York 0580 David 1, Portman, FAIcP (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM To: Town of Wappinger Planning Board Date: May 5, 2008 Subject: The Preserve 53-Unit Townhouse Development—Phasing Plan As requested, we have prepared the attached Amendment to Resolution of Amended Site Development Plan, Final Subdivision Plat and Wetlands Permit.Approvals for your review and consideration. We look forward to discussing the resolution with you. David H. Stolman, ATCP, PP President Attachment cc: Graham Foster Robert J. Gray, P.E. George A. Kolb, Jr. Tatiana Lukianoff Barbara Roberti Albert P. Roberts, Esq. Mark Day, P.E., for Applicant Joel D. Hanig, Esq., for Applicant jAdocs2%50Mwappinger%preserve 557 pm amendmt cov.dhs.doc Connecticut Hudson Valley Long Island emajl@fpciark.com (203) 255-3100 (845)297-6056 (516) 364-4544 www.fpciark.com 5/5/08 RESOLUTION TOWN OF WAPPINGER PLANNING BOARD RE: THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT — AMENDMENT TO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT & WETLANDS PERMIT APPROVALS 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 5`h day of May 2008 at 7:00 P.M. The meeting was called to order by Chairman Victor Fanuele and upon roll being called, the following were: PRESENT: Chairman - Victor Fanuele Boardmembers - William Kickham Marsha Leed -Lori McElduff - Eugene Pinto Robert L. Valdati June Visconti The following resolution was moved by Robert Valdati and seconded by William Kickham WHEREAS, the Town of Wappinger Planning Board received applications from Kurt Kuehner of Prime Equities, LLC (the "Applicant") and Keith Capolino (the "Owner") for amended site development plan, final subdivision plat and wetlands permit approvals for a multifamily development consisting of fifty-three (53) three-bedroom units (a total of 159 bedrooms) with associated parking and site improvements including but not limited to: connection to the municipal sanitary sewer system; a private common well and water system; recreational facilities including a tennis court, picnic area, tot lot and trail system (the "Project," "Subdivision," or"Proposed Action"); and WHEREAS, the subject property consists of 48± acres of land on two tax parcels, 6157-01-240641 and 6157-01-288662, located in the RMF-3 Multifamily Residence District, with frontage on Old Hopewell Road and Route 9D the ("Subject Property" or "Site"); and THE PRESERVE 53-UNIT MULTIFAMILY DEVELOPMENT - AMENDMENT TO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN_FINAL SUBDIVISION PLAT & WETLANDS PERMIT APPROVALS WHEREAS, the Planning Board granted Amended Site Development Plan, Final Subdivision Plat and Wetlands Permit Approvals to the Project on February 4, 2008; and WHEREAS, in accordance with the Resolution of Amended Site Development Plan, Final Subdivision Plat and Wetlands Permit Approvals, the Applicant subsequently submitted a plan entitled "Phasing Plan, The Preserve, Town of Wappinger, Dutchess County, New Fork," dated October 1S, 2003 and revised January 26, 2008, and prepared by M.A. Day Engineering, P.C. (the "Phasing Plan"); and WHEREAS, the Planning Board is familiar with the Subject Property and its surroundings, and has reviewed the phasing plan in accordance with the standards for approval contained in the Zoning Law, the Land Subdivision Regulations and Chapter 137 of the Town Code. 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 grants this Amendment to the Resolution of Amended Site Development Plan, Final Subdivision Plat and Wetlands Permit Approvals which it adopted on February 4, 2008, so as to add the Phasing Plan to the list of approved drawings, subject to satisfaction of the following conditions: a. The Owner shall endorse a copy of this resolution and submit it to the Planning Board for its files. b. The Applicant shall resolve all comments contained in the Town Engineer'.s letter to the Planning Board dated April 11, 2008, and any subsequent letter(s) issued by the Town Engineer, to the satisfaction of the Town Engineer. C. The Applicant shall submit a performance guarantee to the Town for the construction of the tennis court, in a form and amount which meet. the satisfaction of the Town Attorney and Town Engineer. I The Planning Board shall refer the phasing plan to the Fire Prevention Bureau, and the Board reserves the right to make additional requirements in connection with fire protection based upon any comments which the Board may receive from the Bureau. 2of3 THE PRESERVE 53 UNIT MULTIFAMILY DEVELOPMENT - AMENDMENT TO RESOLUTION OF AMENDED SITE DEVELOPMENT PLAN FINAL SUBDIVISION PLAT&WETLANDS PERMIT APPROVALS 3. All of the terms, provisions and conditions of the Planning Board's Resolution of Amended Site Development Plan, Final Subdivision Plat and Wetlands Permit Approvals, which it granted on February 4, 2008, shall remain in full farce and effect, except as otherwise expressly amended herein. 4. The Planning Board Chairman shall endorse a copy of this resolution certifying its correctness. The Applicant shall also sigma copy of this resolution after it has been initially endorsed by the Chairman acknowledging receipt of a copy .of the resolution. The question of adoption. of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Victor Fanuele, Chairman Voting: Able. William Kickham Voting: Ave. Marsha Leed Voting: .Aye. Lori McElduff Voting: Ave. Eugene Pinto Voting: Aye. . Robert L. Valdati Voting: Ave. June Visconti Voting: Aye. The resolution is hereby duly declared adopted. Dated: May 5`" , 2008 Wappingers Falls, New York May 7"', 2008 Victor Fanuele, Chairman Date Town of Wappinger Planning Board Ku Kuehn r or Nature Preserve, LLC Dat Applicant and Owner j:ldocs215061wappingerlpreserve 557 pm amendmt.dhs.doc 3 of 3 VERGILIS, STENGER, RoBERTS, DAVIS & DIAMOND, LLP ATTORNEYS.AND CQUNSELORS AT LAW GERALD A.`r cl:ti.£LIS* 11 m RoTo-a 9 J--'N KF,T1-I M.STFNGE-1, WA:PPINORRS FALLS,14EW YORK.U-190i OF COUNSEL: TCAREN MarNlSIi ALBERT R ROBERTS THOMAS R.DA,' S (845)298-200 LEGAL ASSISTANTS: S I l PH1 N F.l:)Y k?+JTI I r"* * FAX(845)29$-2$42 A'AY F.DECARLG SANDRA A.OAKLEY J0;3 i F,;'A.�tu r 'i"°* wwW.Nsrp.coi n SARAH SALISBURY KE'.ry T..WDERt-,40J7 CLOSINGCOORDFNA7'OFC: ANON.1.^ALC,N — ;AAFIA L.JONES ANTHO?ti-iv.I��Lc.AZ100,-* jA.MPS P.HORAXt" FOU0MKEEPSIE LF>~ICB LISA�-A.COBB 276 Va'AIN STREE€ *ALSG ADMMED IN FLA. M.ELi.UN O'SULU'VAN. F'OU ji liC^EEPSIE,NY 12601 {**AI,SO ADW-UR))-N CONN ALSO.ADMI1 RD NN N. MA',1NAO'TWEIL'� ($45)432::R)46 t"'ALSOADMrT7FDINFL 1.0 October 1,2010 �[ECEO V ED Hon.John C.Masterson,Town Clerk L411 F Town of Wappinger OCT 0 4 Z a f 0 20 Middiebush Road Wappingers Falls,New York 12590 TOWN GP WAPPZNGER Hon. Barbara Roberti,Zoning Administrator TOWN CLERK K. Town of Wappinger 20 Middlebush Road Wappingers Falls,New York 12590 Re: Nature's Preserve Homeowner's Association,Inc. File No. 12949.0389 Dear Chris&Barbara: I am pleased to enclose herewith a copy of the Nature Preserve HOA Declaration of Covenants, Restrictions,Easements and Liens,which was filed in the Dutchess County Clerk's Office at Document 02 2010 4267 on August 26, 2010. I believe the best place for safekeeping of this document is with the Town Clerk,however, a reference should be made in the Planning Board file that a.copy of the recorded HOA was filed with the Town Clerk. Thank you. Very truly yours, VERGILIS, STENGER,ROBERTS, DAVIS &DIAMOND, LLP ALBERT P. ROBERTS APR/dw Enclosure 0:1WappingerlPlanningBoard\Preserve11001101tr to Masterson&Roberti with copy of HOA.doc .i Gam.+L7f LG1G 1a, 10 04j4D J JJJ �"�' ^„” ","•,".. TENDY& CANTOR 62 East Main Street Wappingers Falls,New York 12590 845 2977777 Fax 845 297 5555 WILLIAM M. TENDY,JR. .TAY S, CANTOR * Robin A_DeDea *ALSO ADM- CONN. &FLA. ]Paralegal Suzanne Boutot Diane McGrew Legal.Assistants FAX COVER SHEET TO: Albeit B. Roberts, Fsq, FU rLID)Err, ppin n FAX: 2982842 FROM: Robin for Jay S. Cantor,Esq. OCT O 42010 TOWN OF WAPPINGER DATE: September 29, 2010 TOWN CLERK RE: Nature Preserve Homeowners Association,Inc. The Declaration of Covenants,Restrictions, Easements and.Liens for the HOA was filed at Document No. 02 2010 4267. Attached is a copy of same. Should you require anything else,please do not hesitate to call the office;. CONFFDUNTIAL COMMUNICATION THIS TRANSMISSION IS rNTPNbAT) ONIN FOR TM TNDrnDUAI. OR ENTITY TO WRICII IT IS ADDRUSSRD AND MAY (ONTATN TNFORMAT70N THAT IS PRIVII_CC;pn, CONFIDENTIAL AND B)CHMPT FROm M-K-LOSURE UNOTR APPI.ICARI,r> LAW, IF THE READTAt OF TI-nS C'_CIMMIIN1(,AT10N IS NOT TTTB TNTSND12D RRCTPIFNT, OR,M UMPLOYI?a OR AGPNT RF,Sp0NSTIILE FOR DSLTVERING THE COMMI.NIC.ATION TO THE INTEND[D REC[PTT>TIT,YOIJ hHE N0TIFIL-D THAT ANY DTSSFMINn?ION, DTSTRnbUTTON DR COPYING OF THIS rommuNICATION 15 STILTCTLY PROWDI'Mn, IF yDU EIAVB R13CBTVED THIA('.OMMUNICATION IN T!RROR,PLPASR NOTIFY TI-16 SFNDBIL 1MMBDIATCLY BY COLI-VCT Tr-.i:ETIFUNE CALL ANIS RETURN TIP OXIOINAI,Cg MVNTCATION To US ATTTT5A60V5ADDRUSSITYTI'MI S.PO$'I'ALSI;R"'ICF. wEwn.LRETMAVRSSYQ1JFOR THrPOSTACYE. THANK YOU. r f. t � Dutrlheas County Clerk Recording Page RacortJ&Rrturn'ra; pate Recorded, 08126;2W RIVER CITY ABSTRACT Time Recorded, 11:23:00 2645 SOUTH RD Doau Ment#:42 2010 4267 S'rE 4 POUGHKEEPSIE, NY 12601- Raretved Frorn- RIVER CITY ABSTRACT Grantor :NATURE PRESERVE LLC Grrintee :NATURE PRESERVE LLC Recorded In : Beed Tax District:W2ppingar I nstrutnont Type: EASE Examined and Charged As Follows Recording Charge, $285.04 Number of Wages:48 TransferTBx Amount: $0.00 Transfer Tax Number: *439 .`• Dts Not Detach This Page, This lrs Not A BIII Rad Hook Transfer Tax., E K A form. N TP-584, Y County Clerk By: cth! Recelpt 9! 846625 Batch Record: A190 aradforcr Kendall ' Covoty Clark 0220104267 e+raorara i�anr�r�iE a County clork 4220104257 6#s12:a6pd SSSSL6��0.L S9Lb5'9bS�i8 �Sql� ��t� ,�an��:w°.�� aZ:Bfl ©�02-5�-d38 u fL"JILGty l0:1G 04,JL7I >7J ,F-1IVT "I IV vnii �ti ,"••� •-••, •� r D CLARA'TION OF ODVENANTS,REST RfCTIQNS, Dcrlaradon imide as of this. day cvf�' ,200by Netme Pre save,LLC, a -ELNew York: 14nifod liability corporatlon wirh, offices 'at 2446 Route tt9 Wappingers malls,,e Now York 1259!3,harolaafterrefermd to as "Develop%r"or 7)cclsn= WHEREAS,Developer is the owner of the real property described in Article 11 of this LywJbration rmd shown on the fllod subdivision mag which Declarant desires ro develop ac a residential community with various perritanent open spars and other oommon facilitles for the besnefiz of said Cornmuaky;and W.UERBAS, Deveslopor desires to provide for the preservation of the values and amenitiea in sold COMXnUnity atad for the mainte[r=z of the;open spaces and other common faciilOes; and, To this and. desires to sub}act the real property described in Article 11 to the coveaaxtts,restricti6ns, a ut ments iod lacus, hetrainafter set forth, each and all of which is and amfortho benefit of said Property and any Owner thereof;and WKEREAS, Developer has dectxt d it drsieablc, for the efficient preservatton of tha values and R=nit.tes in said Corrzmunity tc emit* an, agency which will be delegated and assigned the powers of maintaining and administering and CnfaicinS tho aPvestants and restrictions And collecting azul disbuvag the assessments and c halm haminafter created;and W-91BREAS, Developor inwrportAed Nature Preserve Homeowners Association, ba under the Not-1;'ox-Pro£it corporation lawn of the; state of New York far t'ha purpose of oxcmiSing the at'orwaid funcdons;' NOW THEREFORE,the,Developer,for itself.its€v=emors and assigns,declares that the real property described in Article Y1 is 9md shall be;held, traesftrtmod, sold, oonveyod and occupied subject to the covenants, resrrietions, easements and Betts (sometimes mf=cd to as "covenants and t cSGti6tiat[s"}bcrcinafter set forth. ARTICLE L The following words.whrm used in this Declaca:Wn or any SupplorntriTal Docltlmdon Shall.unless the context odu wise prohibits.have the munings set fordh below; (a) "A,ssoaiation° shall =can and refer to Nature Preserve Homeowners Association,lnc, a New York Not-for Profft cmrpoivtion, 6b��:aeed SSSSL6Z.�l S9Ltr�9bS�8 35gt� F�t� J�A���wCJ� BT�80 G�TOZ-S�-��� n (b) "lsrropertY"shall merit and refer to all such existing properties that aro subject to this Declaration. (c) "l-Tome" shall n-sesizk aad refer to all units of residential housing situated upon the Property, 1 (d) "Owner" shall r�,ean and refer to the neeDrd owner of fee simple tide to any ` z��ilicluding the Devela r with tis pC pact to any unsold home_ Every home owner shalt ty8 treated for ill purposes as a single owner fot each home held, itrrspective. of whisther such Ownership is joint,in con=ori or terianry,by the oRdrety, a majority vote of-suc}t owners Ardl be necessary to cast any vote,to which amh owners arc entitled, but with the exception O cumulative voting employcd in the alcatioh of Directors, nab more th&n one vote may be cast with respect,to arty such home, ti (e) "Mcanber" shall xhaan and refer to e¢oh holder ofta membenhip into st in the Association,as staph interest is set'forrh iti Artick,rU, 4 (t) "I)avaalopment" or "Cornmanity" shall mean The P,ce4vvc, a iresidettdal home development Naing cmistructed vP the Property, (g) "Developer" or "Declarm)t" shalt MISE artd refer to Nature- Preserve, LLC a Naw'Yogic iirrtited liability corporation olid ita st4o=11ors and assigns. (h) "Common Property"or"Common Arosas" shall mean wr d refer to Mrtain areas of land other than individual lots as shoe n on the Nod subdivision map and intended to be devoted to the common=and er&ytzmcnt of the owners of the Property. (i) "Party Wall" shall moan and refer to the entire wall, frorn fi nt to rear,All of a portion of which is used for support or sepmdon of each adjoinirsg Dionne, situam or intended to be situate,on tbcC boundary line batweAdjoining outes. 0) "Lot" shall meant and War to any plas of land intcadcd and subdivided fur •roside- tial uses shown on the subdivision snap ca€ the Pxoperty out shall not include the Conrsra7on,trees as herein defined. ARTICLE, U. ?ZQU+XTT'Y SU$� C'f`MMS J&CLAR ',_ION se:1ion X, PrQR The real prop=y which is and shall be held,transferred,sold, conveyed attd occupied subject to this Declaration is all that.certala plot, piece Dr parcel of land,situate,lying and bo*in the Town df Wapp%gtr,County of Dutchess and State of New Yo&,beirxg more particularly bosmded and desa'ibed in Exhibit"A" annexed hereto, Section 2. . The Developer sball have the right to bting within the: scheme of this Dtfilaradon an additional thirty eight (33) units to be built on the 5b��:a�ad S���J�2:D1 55�.t�9i�5bB 4$9d F3 FJ .,�n��cwo.a� f3�=8G� I�t6�=Ger-d3S Fly/'L�/'Lein l�:ib --6+�L7I7��� EGiyur euro Lrn71 VR , ....,., vim•�.+ r- , Iand described in Exhibit A annexed hereto in a future Stage of development and designated as Phase Ti. Property brought&&thin the pchetnc of tae DeclarAdQn may eant,ain no more than a total of fifty ti:ree(59)�taaaacs. The Develapor, its attcccssors and assigns,shall not be obligated to Wing the proposed additional Property within the.schen -' of this Dxlasatioti unteSs such futum developments, intend to Use the req=t30ngi fM.,litiaa, rpads, ptuking areas, Sidewalkt, and to be into orad aor►me4t with the sewer,wAt8r,drainage lines and other utility 1&ncs in the existir+g property. 'Me: additiom authorimd Bander rhis subsoolion shall be made by the•�3aveloper, widiout tFtt: commt,of the A.c *dtjt1on'or,i4* Me:;mbets,by recording is ehe Autob s.s County Clerk's office a supplementary Declaration of Covenonts, Restrictions, Easements and Licns with rUPcet to tha additional property whtoh shell extend tb.c scheme of rhe coven4r,ts, restriatlons, eascnnears,charges aata liens of this Dcdlaration to such Propony. t�ucta SUPPICmetttary Desiamtlon rnsy GoAWn. such cornpljmentw7 additions and modifleaaions of this Dw1aration a3 ail&y be necessary to reflect the different character,if any, of the adda4 Property as aro not ineonsistanc with die sclterne of altDeclsrAdon, In no event, h.OWevaL, shall such aupplemeyltary Daalurdlion revoke, the, Covesnat;ts. Restrictions. Easements, and Gleets establishing this Dcclarat ion within the Property. In the event Developer elects not io bring, any portion of Phase:11 into the Assocfa.i=, the Devtloper, il$ successor and apsigns rn;Xy gull use the roadways in the.Development for ingress and egress to suck adjacent pamis mud tic into sewer, draimgr,wwAZ and utility liner, its the Developmcot provided tlac owam of tho adjacent parcels pay tbr-ir pro rata share for MiLintctaagce of the roadways, j The proviglons of this Article, $ectifln Z may not be amended without tbt written consent.of Developer or its auecessors. ARTICLE ITI. G G�TIQN The Assoclwicn ahL41 have one class of mtidbenh,p intef+tu- The owner of each dwelling urtit on the Ptoperty su'bjct to this Declaration$!tall be a mornber, NJ"�tztbCL S Ontitied.10 one vote, When more therm one pearsan orrn.tity holds siaph ictttrest in any Hotrie, the one vote attributable to such Rothe shall be exemised as such Patsonti mutually dere but, With the exception of curnulati'va voting employed in rhe election of Discctm,not more ft one vote maybe east with m9pect to any%uch Roma, Far PurPOV$ Of tlxis section the word 'Horne' shall b Ave the Settle Mowing as "Lot" and therefore if there is no House constructai ori a parUcular i.ot in stars Development, the owner of suoh Lot will$Fill be aousidezed a lYiaraber entitled to cast the one voce a7 set forrlt,above. No Member shall slrlit or divide its votes on any motion, Ltsoltztion or ballot other than in the aumulaclve voting pt•acadure:e,trtploye:d 4n the elatstiDn of l,?arectttrS, 6b,S:aa'�d SSSSL5Z��1 S9L1?S9bSb8 'ts4tJ F1t� .�ant�:wo�� g;:98 0.Z8�-6�-d_�S b7T'LyT LYJi17 lam:lD G47t7 rAoao i G11WT ruvu ' PIMFI I uR ARTI CL L IV. tQp1gR'hL'Y RI 1EITfi jY.; 'koit'E1 a;S Section 1, fUent. Subject to the provisims of Station 3.rvery Mt;mhxr snail bavo a right-and castmrnt of cn#aymem in and to rho Propcity mnd snob easement stall be appurtcnwit to and shall,pass with the title tv every Home, Sw.Ion 2- Trsia_to The ti_nmrn�ri protahrt�.; prior to convoya not.of titla to the first Dome an she property, the Devalope,t shall convey to tho Association Iegal title, to the Cor=m Prvparty subject,bowaver, to the following-aavt mnt wliJch shall be d=mcd to run with the Iond and shall be binding apart-the A ssoClAiLM its successors and assigm- lu order to preSdrve and enhanoo the property values and amenities of lite Development, the Common Pioparty and all facilities now or hmaftor built or installed thereon shaiI at all Limas be maintained in good repair and eoodition and shalt be operated in amorrdancc with high standarrK The maintena=c and repair of the,Common Property Shall inelude, but not he ?united to, the repair of darrtagt to roadways, walkways, and my ructWionai facility, swiltary scwtrs and storm drainage systems and appurtenances, dt:tuntlob basins. water lines, Qutdoor lighting 4nd fences, landScape maintenaniW and building Maintenance to all Homes which wilt consist of stairtittg or painting the exte�riar droks of the Homes, buildings and roof repair and repia;=ent to the Homes and buildings. Drivcwsys • and walkways whether on bets or on Carnmou Areca shell be maintained by the Association. All lints for dk'ainaga, t ouitary sewers and water lines located outside of the exterior walls of rich Hoato shall be maintained by the Association. Notwithstanding anything herein to tftc contrary. so long as Dt;veloper elects a majority df tho Directors of the Association;Devalepor will not approve tiny substwitive dt:viations it the lantlscapiAS of the Property from the approved Site Plan without obtaining the co=Mt of the non-devetoger members to the Board. This Section may only be amestded, in,flat manner provided For in Artiola n, Section 2,to reduce or alimin C the abligadon for Mainte,hanee and rapaix of tho Common Propw ty. Section 3. r cym Th¢rights and e:asaments of enjoynleat gloated hemby sbAll be subject to the following; (a) The right of rhe AsSocistion,ss provided: in its By-Laois to suspend the *gy=at rights of eny Member for a period during which any smossrnent mnains unpaid entad for ai period not to exemd'thirty {3Q} days for spay infraction of its published rules and regulations, r (b) 7be right of the Amciadon to dedicate or transfer all or any part of the Cartan101I Fmpearty to any public agelacy, authority or utility for such purposes and subject to such conditions as may be agreed to by leas Mon-Lbers, provided that no such dedication or trausfer, determination as to the purposes for as to the conditions th=vf, 5ball ba vffcct'lve 6b-9:a6C+d SSSSL6 :�1 591b�9bSb8 1S9b �� ca +ane�:u:oa3 6t 80 0T0�-6�^d35 09129/2010 15:16 $45:ey I'35t)b I LNVY AND liAN 1 UK uxrloss an in$Uument ai sled g by Members snd tltcir�roartgagfles entitled to cast e:ighry (80%)perct:nt of the eligible votes,has bean recorded agreeing to such dedication, tr&Wer, purposa or condition and unim written'tatsca of The action is sent to oven+Mctttber at least ninety(90) days in;tdvance of sny action taken;and (c} The right Of the I3tvekprr and of tine ASscwiatlon to grant and rzserve CA31:.maats and rlghts-of=way, in,, threugh, under, over, upon and across the Property for the completion of the D"tIOPer's work under SCGtaon 1 of Article V. ARTICLE V. i Section.1, TheThc MUVA. Dcv�laper latends to build up To flftw (15)Hornes on a portion ofland omprising part of the praperty(phase 1) and may constroct up to an mdditional L thirty-eight(38)Homes in it ciubsetluent Phase, Scclion 2. EtV=. Devaloper docs hirreby establish And create for the benent of tho Association and for all owners from time to time of homes sub/cct to this Dectaration and docs Hereby give, grant and toneto earls of t1jo-a€oremtntioned, the fvlluwittkg esscrnents, licenses,rights and privileges: i (i3 Right-of-way for ingress and egress by vehicles 6ron foot,in, through, over,ander, upon and across the streets, roads, trails and walks in the Nopt:rty(es shown on ! tha Tied reap as they may be:built or relwcatred in the future)for all purposes; r I . (a) Rights to Domed wit#t, maintain and make use of atility lines, wires, pipes, car:duits,cable television litres, water, aGww,$ and drainage-lines which may from tine to time be In or along the streets and road$or other a#ees of the Property, 5eet3on 3. c . i eVeloper reserves the eamnents,lictmes, rights Wd privileges of a right-o£-way in,through, over, under,upon And across the Property, for the purpose of completing its work under Section 1 above and towards this end,msmes the right to gmat and reserve cmmcms and rights-of-way in, through, under, over. upon and across the Property, ror the instellAdon,axmafntelnanm and inspection of tines and appurtenances for public or private wage,sewer,drainage,cable teiov'is.ion,gas and other utilities and For any other inote dAls or sorvlccs rnuormary for the completion of the wna9c. Developer also zeserver the fight to conmeot with, Maintain and r AXc ase; of the atility lines, wires,pipes, conduits, � cable relevlsion linea, water, sL wrzs and dzainage lihos which may from time to time be,in or along the Mew and mads or other areai of tit: property, In addition, Developer and any 5 elling Agent retained by Developer,reserves the right to continue to use.the Property and any sales officers, MAi RteMuce buildin& model Kor=s, =sold Hornes, signs.recreation faeilfties, and paridag spa= located on tiro Property in its of ons to market Homas conattucred our the Property including the right to place for sale signs. for rent signs or other displays on the Proporty. This paragraph may not be xnehdod wid=t the"tten consent of Daveioper.- . r FJ7..)MGQ-J J+,c-na-,C+,Q '1SCH Ale--) Aar)TW!Wo.J4 AT PA a''/ i5: Lb I MNOY 81`(V �,r♦ry 1 UR SCGttPSA�. of any roarlyvay, u+aikvva g ° k the Quant That an Y- parkin ar A -drivoW& y portion linea, electric and gas xneterb, utility Tines, Bt r� patio, weer litres, seater 1krres, drau,age yr eny other structtrxe,znr y Brea,fixture r attachmentSystem,building, windawa awnhgs, trim bcveipg encroaches hCs on any LOf ar the C on Arm,itsl alltbc dammed th$t the owner of glulty censtrueted by such lot or the Association has granted a petpeWal cas4meat to the owrtor of the adjoining lotar the Associndoi) as the case maybe en.rauctYing roadway, wallcwadriveway, , for continuing xrtaintenartoe and use of such drainage ?fats, al way, and as Y.,dri eway, patio? parking arek water line, sewrr- tines, awnlnEs, rne,, ar t t7 andtare R A &, trtxlity ltrw, Sprinider systema, buildins or window•a, teat 9tructuro. The foregoing shall !t}so apply to arty . �.plscCmer,ts of any such roadway, walkway, tFriveway, alio, clectrio and gas m@ters, sewer lirirs, drain p P i g arta, V+atcr lines, wh)dows. awnings, entry Wee. fixture or attttaaci lament or ls!ucmffC iT sarneer sYstmn,VIM constructed l stibstaAdAl con6rrttanco to tkte orlgirral. The Cncroaehftnt for sewer lines, water lines and utility litres shall also appiy to scwe:r apt utility lines which Allay run antler building. The foregoing cOnditiorts shalt bee these covenants 9nd restriotio*s,tu3l in duration and shall not ba subject to ammdraent [}f ARTJCLE %rL r AR S"CCti4n 1. a tI tnj, Tbe Dvtioer, for each houla owned by it within the Property, hrrei�y covenants and each owner at aAy home by accaPyanoc of a dead therefore, wbaMer or not It steal1 be exprMed in any such deed or odzer COnveyah,=, shall be docmod to covenant and agree. to P&Y to the Association 84b efs asses1ts as arc fixed by the Associationte emar 's Board of Diroctom and assessaci to the Menaty t as hereinafter provided. All stuns,assessed by the Association b1Jt unpaid, together with sit DiCrCSt t11B[OOit Anti the COSI of collectian.thdreofCh as is hCrcinafter provided, shall be a charge on the land and shall be a=dnoing lieu upon the Praperty owned by Such nurnbcr against which each such assessmestt is made. Fact? such ws%l;M=t, t*gedler with interest iliercOn utfd cast of colFaatiolx theteol~ a$ hereinafter provided sball be a personal Obligation of the Person who was the owner of Such proprxty at the%ime wlrcn the a5se8srnerai fell due. Section 2. s cat. The assessments levied by the Association shall be used exclus9velY for th purpose of pldMoting the rrctt3tion, health safe and aDd arema of the residents of the Ptmpetrey di a commultity=d in pasticu,lar for the imps anent aad maiAtenwce of l�perties,services and facilhiu devoted to this purpose and related to the vas and on}oymcnt of the Common Proparty and of the mamcs rituatcd upon the lsioparty, including, without limiting the fOM&Oirrg, the payment of taxes tf anyY> ' and repair, MPltnace'Ment and additions thereto. and the cost of labor, insuraaoa thereon, 5erv'cos, ar�agartrant and supervisko�n rkterecf egWPMCnt, materials, Section 3. s��ams gam, The'Association's Board of Dimctots shall, freta time to ncoc, but at 1cAst annually. fist Sall dctcrmine the budget representing the sura or sums neccasary and adequate for the cOntinved�optrnt%(>ts of the Association, and shall send it copy i 56'Baaep� SSSSL6z+a1 S9L6£96Sb8 lS9d AJ!:) Ja1)t6;wn.iA 6T=89 b11 111"LF71 b 17:lb G47L7 t 7JJJ i civur rrivu .rnv i vr� *,••� �••, �" L of the. budgot and any ettpplcment to the budget to each ,Member prior io ,assessing Zbo Membw% thereon. The Board shall determine the toted amount required, lttcludittg the aperuicmal it--= such as insurimce} repairs, r ives, r,aaintertarteo and other operating C]C mslz, ab well as charOs to Cover My deficits from prior years and capital improve:gment'i approved by the Boatel. The total annual requir=eats and any suppirmcntel requirements dealt be 4110aated between,assessed to,and paid by the Members as follows: Each Member shall pay a portion of said requirements, the numerator of which shall Ne one(1)and the denominator of which shall be equal to the number of Hornet on the Froperty subjecr to this DecUratiorr, "fie DeV4oper's obligation for such assessments ort unsold T-ieajes subject to this Declaration w,ili be Jiimitod to the diffemace between the acetal operating.corrs i of the association, including reserves on the Common Fkoperty, and on Homers to which tine lim hem conveyed and the assessments levied on Orwners whc have closcd title on their Homes- In no event, however, will the DevrOopor be rsquired to innke a deficiency 000tribudcrt in an amount greater than it would nftmise be liable for if it were paying # assessuie:nts on unsold Homes. The sum due the Awciation fMet each Member shalt Constitute an assessment of tlu Board of Directori and unpaid assessmentsshslI constitute .lints on the iadlvidual Harnes and personal obligation of the owner, subject to foreclosure as hereinafter provided. Section 4, lDtle DgjW,,.DLjtjes ors. All ar. ewsmonts stall be PaYablc monthly in advat ct as orderod by ahe Board of Aitactors, The Board 4f Directors of the Association shall fix the date of ComMewernent and the amount of the assessment against ra<h Homo,and shali prcpwa 4 easter of the Homes and essumments applicxi le thtreto wiliob sh211 be kept in tht:cffxco of the Asaociation and shall be open to Inspection by any Member. Upon the written requeat of a Mern ber or his mortgagee,the Board shall promptly furnish such ` member or his mortgagee with a written staterzteni of t}oa unpaid charges duo #ram sueah Member. Section 5. Effmer N � Djjjg iorgff eh+e r nnbcr: Th:. 1f an asawsment is not paid ore the data when due, as Fixed by the Board of)hectors, then such assessments shall bewrsto delinquent 'and shall, together with such. interest thereon and•cost of collection thcreof as h=inafr& provided, thereupon becorne a bositinuing lien an the Meembse's hvirw which Mall bind such propwty In the hands of the Member,his heirs, devisees,personal representadves and assigns. Such lien shall be prior to all other Beres except: (a)tax or assessment Herat on the Rome by the taxing subdivision of any govetsunrattaj authority, including but not limited to State, Couno, , Village and School District taxing agerroics; and (b) all soma unpaid on any prior first morta.89e of record esaeumbesing the hose. T,he;,.persona) obliption of'rbe Member who was the oTyrter of tis horno when the assessment fell due to pay such easessinent, however. shall retain his personal obligation for the rtatutorypeAod asad shall not pass to bis successnra in title utlless expressly as$umed by them, If the assessrxmant is not paid within dirty (30) days after the delinquency date, tho ess.ssmertt shell bear izttcrest front the date of delinquency at thn r»eatirtivr>7 petrrrxissible rate in 6b�6=�6Qd SSS5�62�01 S5ZbF9trStr8 z�gtf ���� aorta;ao�� 02 80 QZO2-62-d�5 47b/'Ly/'1E71E7 15:1b ti4�Lyf5�57 ICff11Y H[V1J �,HINIUM the State of New York,and the Associatiorl may taring an aetforr at law against the Member or fortrter Momber personally obligated to pay the same And may foraclose the lien agaimt the pr'cpaty. Theft ;hail be added to the amount of such ssacasment tho costs of preparing and Sling the ce:fraplsint in such action, And in the event a judgment is obtained, s;uchjudgtnent shall include:ktercat on the assessment as above provided and reasonable ettomoys fees to be fixed by the court together with the cost of the jwo4 No MMber may waive or otherwise;be relieved fmni liabliity for any dere;or assmne nu,provided for herein by abandonment of his rnembersltig or otherwise. Notwithstanding Anythlrtg hertin to the contrary, if a rne;mber fitils to pay any of his dw% or asscesrcaeryts, th.d Board of Directom may asxess the otbcr mcrhbers for a proportionate:share of such unpaid dile;or assessments. AItTICT.,E VLT. ABC r'1'Fk . Ar�.-cii , f No bul,lding,fcnec,wall or'other structure,or-change or atltaratton to the exterlor of rite, Momcs, or in the landscapIng, she'll be commenced, erected or maintained upon the Property, fnor snail aoy exterior addition to,-or change or alteration fhr„rew,'be made Until tea plans and spcalfit- ions showing the nature, kind, shaper, height, materials, color and location of the i same shall have bcea submitted to and approvod in writing as to harmcay of oxternal de sign Meed location.:irk relation to surrounding structures and topography by the,Board ofDircctora of t the Association or by an aratrittawral committee composed of three or mora ropmsentativ.s appointed by there$cord. In the cvmt said Board, or ita designated commiasa fails to approve or disapprove such design and Imasion within' sixty (60) days after said plans And specid5t:ations have been submitted to it, approval Will not be required and this Article will be deemed to have,bw fully complied with. The provisions of tktis Paragraph shall not apply to Devetoper,but D-_vcloper will not alter clic landsoaptng from that provided for in the approved. Seto Pearl unless such change has bear approved by the non-developer members to the Board. As set forth in Article VM.$QaiDn 7 (d) of the Association By-Utws and Rules, o two thir4 maiwity Of a quortun of the Board of Directors,or architoe tuml committee, shall be required for approved of any addition,change or alt=ation, •ARTICLE WIII. I'AR7Y,yy Soation .1, f "w -ApRIX. To the extent not coo.sistcnt with the provisions of dols Article VIM the ge nareI rule of law ragar ling party wells and liability fox pxnpeM damage due to neglige ace or willful acts or vrnissions, shall apply to each party wall which is built as part of the original constsuctim of the homes upon the property and at + replan mesnt thereof In ate: event dant any portion of arty startFctu% as originally oonstroctcd by Dcvclbpcf=, including;my party wRIJ,shall protrude over apt adjoWng eat,ouch str>aatum or party wall shall not be deemed to be an ea roaohment upon the adjoining Lot or Lots, and affected owners shall Aeithcr maintain any action for tiro removal of a petty wall or projection. mor any a0doh for damages, In tho event there is a protmsiou as deacrlbad in tht4 Immediately preceding 6b-_OT sed SSSSL62 01 9Ztr£9bSb8 gF.80 [3T0i?-5�-d3S i U7l L7l LCFlU 1:J.10 O"f:JL7fJ:�:J'J - ,t� +++i rn+u vrn.i•.+iti """ •�` S sentence, it shall be dccmod drat saidbw=& have granted perpotual easvmencs to the -adjoining Qwaer or owners for continuing mvinwersoe and use of the projtzion ax party-wall. The fotegoing shall Also apply to.Any irepluomant,of any structures, party walls or f=oes if same ace.constricted in confotmatwe with the original stru=m or party wall constructed by Developer. The foregoing conditions shad!be porpatual to duration And skull not be sublud to amendment of these covenants and restrictions. - Seed on2. Slxarigg�f. Ree# f.,end I+ aintM ncg The cost of reasonah1c repair and meiczicitance of a party wall diall be sha 3.equally by the awners wbo maks use of tht will. Section 3, if a party wall is d1*uo)-cd or damagtd by fire or other casualty, and such dankW is not othetwlse oovered fry insurance as set forth in Article X. any ower who bus usod they wall must restart it,acrd if thz othor owners therealber :nate use of the v/all, they stiall.contribute to the Cost of restoration them.of in pmportion to;vch use without prejudice,however,to she right of any such owners to call for a larger contribution From the ntbe:rs under any ntle,of law regarding !lability for ntgligrxt, or willful acts,or emissions. Sectirttn 4. wi g_ Notwirhstanjing any other provisions of this Article,. an awtsar who by his negligmit or willful act causes the party will to be exposed to the ele.metnts, shall bear the wiwla cost of furnishing the nwessary pmtmiott against such aIcments, - Section S, Right to QnLrl U 4 &inswith n , Thp,right of any ownrr to contribution from any other owner tinder this Article shall be appur.=ant to the Iand and shell pass to such owner's successors in title. i x Section b. "r6itration. }i tilt event of any dispute zrising conret'tting a party wail, or under rho provisions of this Article VIII, each party shall choose one arbitrator from the American Arbitrator Associelofi, and Both su 6 arbitrators shall obaose one additional xrbhrator, and the decislon shail•bc made by n,znoority vote of All the arbitrators. The dbcWon of the arbitrators 041 be binding and conclusive upon the parties. ',t`ho cost of fwch 'axbitrAttion shall be sbArod by both parties. However, Any party to the ditspucc shall themtrafter have the right to institute any cation or proowding,-at law or equity,which he deems nwelsttry or dc4r,able to appeal this decisiort.. ARTICLE M Seotion I. Ex.tf+t acarica In addition to maintenance of the toe+mon ams, thu;Assooiation aball provide extedox painting amd staining to the decks of mob home and the roof inaiwznanoe elf oach hems whioh is subject to assesament under this Deolaration. The Assoc etion, shalt also be responsible for landscape maizrt mute for the lots and com'►tnon aims,snow removal of the roadwayt and pig areae on the common property,maintenancc of the walks, parking spaces, zmadways and faeilitles Comprising the common property and i _ e 6b/iT:a6r6 SS5S�6'�:01 S'�Zbs'9b�tr9 1s4F� F1t� ,,anta:war� 't�-80 0ti42-6Z-�1�5 0y/25/2[31b l�:lb �i451y l�5�5 ILNVY RNlJ LHNI uK THUG 11I 4Q txraiatenur►ce of any pages, wires or conduits recited outside of Any Bono including common ureter,scwrsK alts drainage Tins located outside of the horses. Each home owner is responsible for snow rernaval orhis own driveway and walks for ail snow fails of I=than two Inches: section 2. I to i shall fail CO maintain the premises and the@ mprav me nt nsxt"at dof ythmon in a ahome on The piutGr satisfaatorY to the Soard of Mraorors of. the Associations, includisxg but oat limited to the situatitsn where such mzdititanance>f�tnctlaras are riot alltcrwise directed by the provisions of th is lDcclaration to be pe��od by the Association, uport direction of the ��� Of Dirwors, it shall have the right, through its agents„And employees to alter upon the 101 uQari which said home is loathed and to rtpnirr,mainiWn and restom the- lot and the bvildinp and any other imMvgxu,,nts erected tbereoty The cost of such n;aintenanae shall be added to and beca7rfe part of the dssc&sLments to wifich such home is subject.- sOSs#xbn 3. 9 %, For the Fu�sc solely of performing 616i �maintenan required by this Arr�ol4 the Association, through its duly authorized agent mid employees) shall have tht right on reaspx,able notio, to ester upon any horns ownees lac at reasonable• hours, to any day except Sursdays and holidays (oxoept that in fls emergency situation such notice need not be given). ARTXCLIi;X e�.tian 1. ' nM2D ens.fes.,, The Board QP Aircetoxs shall maintalz;public liab[llty imsamncr, to the exuMt obtainable-,covering each Associstion Maltber, rnoM$agec, lessee and oecupitnt and the managing 0&nt, if Any. against liability for any ncsligtnt act, Or c6mlmissiOn, or omission nttributable to chem which occurs on the Common Prcperty. To the extent obtainable., the Board Of DIMEo;rs Shell also be rr-quired tp obtain the f Rowing irtsuranee: (a)fire insurance with extended coverage, water damage, vandalism MW malicious mischief t:adorsern=ts, insurms the faaiiiacs on tht Common property, in it[a amount equal to their full raFlgeeanent values end (b) worl<rneWs Corrperisati= Insnranoc. All insurance gremiur:ts .for Common Area coverage shall be paid for by the Assoelation. Each of tht herein above policies&hall contain (i) wft'vWS of: (a) subrogation, (b) any dtfcnsc based upon co-jnsuratacc or othir itasumftce, (c} invalidity xrhiing; our of any sats of the liability; insured and (d) pro-rata rtetuctiarl of provision! that any adfustrnont of toss will bo made by the Board of Directors and that all proceeds thereof shall be paid Trustee,; to either the Braarcl of iDrrsctazs, or t1t8 Insurance (LD a Now York stamdu d nlPrtga.ge clause in favor of each petmrniucd Mortgagee, which shall provide Haat the probeeds thcragf shall be paid to such Permitted MoapCee as its interest stay appegr,subJect,hOwom, ta-the loss paymcot provisions is favor of the 13otur1 of Directors mad the Insurance Trustet set forth,in subparagraph(ii)Above: 6bi2T:raid SSSSL6Z��.L S�Lb£4bSbB 3agd R�=� �anta:mo,�� I2�80 0L02-62-d2S ay/1j/1f 1� l�:lb Gi4�L7f�7�� IMINUT HIYL Modizied except(ivy a provisiarr that swb policy xray not be zither cancelled or snbstant{ally pot at lease text days'paivr written notice to all of the instrrcd, incltsdin g �l and g all duplicate originals or certifieat" of all such therrs0of, together with proal Of- aums, shall policies and of sll renawals permitted Mortgagees tet least tent(10)days priorate the exp ratio a the then ourzerit Irol cies.he z=t to all unit cvvnen d In the event Conti*,Property is deeded W-the AsSociatlon by Dejarant or othcrwi:a aogtiircd by the Assaciztion, there in the chant UT either any improwomattt evastructed oil th;c Asaociatit)tt Pea ty or.only part tbefeof is damaged or destroyed by fire or other casuatty or any Lend owed bythe Assocfation or any part thereof is taken in conderrt Mort or by aminent dOm4n, the not insurance proeceds payable under the insurance politic,, mainrairtr�l by the Board of D+ tors by reason ox such Taking shmi be pay;bIt to the Board of Direa:tars, and 4 the]hoard shall arrange for prornpt repair or restoratiosi of the Assoc,ia;fon Property. ' Section . Tha Board of D9rceters shall also obtain andmaintain,to the extent prracticable: {i) comiprchansive genetal liability xnsurancc, covering all Injury or propcny damage arising,nut of any occuzrence on the k'ropetty and 1#aline as claims for personal nal co- Insurod (a) the Association, (b) the Board of Directors and each metrsW thereof (a) tht, Managing Ageot ar manager (if any) (d) aaoh officer and employee of thP. Member and r4 Aasoriaifon atnO (c) each owner (except, howzvtr, that such lrnsur"ce sbpll not coves any Iisbilaty of to Qwrlcr arising from oomrmnces within his or her own home); ?a) rent lnsunwce; (ill) water damage lep i.liability i,j3tr,Xui,=;and (iv} such othrrr insurance As the Board of .Direotoxrx shall from time to lima determine. Each of elle aforementioned colici litsurscl against another. ns of insurance shall airo cover moms-Liability of one - . rn addition to the iirtsu:rerr(c cpvcta ge set fQa above,The Board of Directors nutyaltr5 obtain,where it dooms it advisable, 8 special multi-peril policy insuring the replacement value of al)Homes. All policies of Insurance to'bo maintained by the Bored of I?iurrrctors shal,i contain such luwts as the Board of Directors Shall froth time to tirno detetmIne, Any insurance policies maintained by the)304st of Directors may also provide for such dedUctible DMOUnts M the Board of Directors shall determine. Tho goad of lbiromara shell 6bi�Z:a�nd ;�M-G2=ai S9Lt+Z9175'3b8 ja9ki =ITO janaatwojj yF,:80 @tii�2-E2-d�5 05/29/2010 15:16 8452975555 1 LNVY AND IAN f UK rwue s.siµti r r r - review the llrnits of each insurance polio, as well as the amount of any deductible sum theratrlder.at least once each yeMr- Section 3, HQW, If tltc Board of Directors docs not elect to maintain a blartkct policy covering the Mplacwzxent of All ltar= Ell=eachhome MAI"shill be required to obtain and maintain adeeglllft insurance of his,home whlcih shall insure the property for its full replacement value with no'deduction for deprcciatlon agalast loss by fir- or other hu-ands. Such insurance shall be sufftolcnt to cover the full replarament vah ic, oz for necessary repair Of reo0Astt7ucti0n work. Such insurance shall be; written is the mannAr designated by the Association and shall nan%e the Board of Directors as an additional insured &ch owner shpIl be r+sgttiml to supply the Board of Mrectors.with ey1d%xice of insurance coverage on his Home which complies with the provision of this Section. A. �► rr,1�at�Xns ,r r ae O{�t~ancd, If the inSurfince providad under tin's Section felts not otherwise been adequately obtaitieed by cache owner, as detcrrained by the - Sgard of Directors,then tire:Board Shall Obtain such insurance coverage. Such insurance shall be sulfleaicrtt to cover the full replacement cost or-necessary repair or reconstrttetion work. Tile purpose of stee=p insurance will ba W protect, preserve and provide for the continued maintenance and support or separately owned hollies which shall include common party walls, oanne;cte d cxte60t roofs and outer parts_of the overall structure. Insurance obtiincd by the Beard of Directors shall be written In the names of the Association as trustee f6t the benefit of each home owner. PResniurns far insurance: obtained by the Board of Dirocwn. as provided befell) above, shall not be a part of then common assessment: or eatpraso but shall be as = individual assessment .payablo in a=rdac,oe wlt'h the pmvtsiors of article VI of this Declt►ratapn, 8. c jtX=01cme;nt of l,aMa OC 13 vzrdZMR7;yty, Each owner i shall be rtquired to reconmtztct or repair my home destroyed by fire or other'::asualty. The insuring proceeds on policies secmvd esthcr by the bulla owner or the Board of Directors shall be, deposited in a bank or other financial institution, sub,}= to withdrawal only by the signature of ari agent duly authorized by the Board of Direct=. If no e;,leaaup, repair or rebuilding has been cwtrae:ted ;for, or otherwise substantially startod by the owner, with the Woperaticln of the;Board of 1 kMCtors whin thirty,(30) days of the receipt of the, Insurance proceeds, the;Board of Diroecors small itself initiate the clean'u$or rebuilding of the damabrtd or destroyed portions of the structure anti or exterior of the home,to a good tend workmanlike maUntr in conformanee with tete original plans and tpecificadm, The Hoard of Directors muy adveattsa for scaled bids from any licensed contractors and may then negotiate with said ce5ntractnts, The oontractor or contractors selected to perform the. work shall provide full performance and payment bonds for such repair or Kcbuilding. In the event the; insurance procetsds are insufficient to fully pay the dusts of repairing and/or rebuilding the damaged or destroyed portions in a good and workmanlike wanner, the Board of Directors shall levy is special assessrucat against the avmor in whatover amount suffleient to make up the deficicnc�, Until such time as the spcciul&smsrmmt is paid.the Board of Director$ may borrow fonds or impose a special assessp ant agai,-,st the Association Members to pay for such mconstructioh and cleanup- The cost of such borrowing-including interest, legal fess,etc.shall be paid by the 6b/bT:a6pd SSSS?6z-e S9Zb�9bSb6 1?qa Rtt3 �anx�:wa:� T2.80 0T02-62-c{9S ayi�yilata 15:1b lf4�'1yl5�3a Ir-NVY HIVL lHriium rr�a� ltii-,o owner, If the insuranCe proceeds rxcced the cast of rap;kidng gad/or rebtsildistg, such oxcez;s Shall bt paid over to the respective owner an&or owner's moxtgagrs in suola portions as shall be independently de[errruned by those parties, The Bnatd of Directors shall have the right sp enter fn and on the ovrrners'lot or borne to eff=uate necessary repairs. ARTICLE XI, The use of a ,home by a Mombet or othcr OCGttpant shall be subjes.*t to the rWcs. regttiatlons and provisions of this Daolar&iart,the By-Laws and Rules and Regulations of the Board of Dirootors and the following oovina'ts and rastrictions, (a) 'Ihe Home and di c. area restricted to the Member's use shall be mtLintRined in i bond repair and overall appoomnc'. I - (b) Any Member wha:znvrtgagas ar sells his borne shall i* d-dlately rlotii,`y the bond of Directors providing the name and addrew of his mortga:gee, or of the new owner and his mortgagee. (9) '411t Board of Directors shall, at the reguest Of the mortgage= of the home, rcporr cr y deliaaquwt assassrnan,ts duo from the Omer of such hofma. • (d) No nuisances shaft be allowed upon the p;vpzsty nor shall any use or praetico be allowed which is h sourm of annoyance to residents, or wiricb-lntesferes with the r? ceful possession acrd propez use of tho propmly by its rasiclents. ,- (c) No improper, o#!'cnsive, ox tsttlawful use shall be "riada of thG Property nor any P&A tharc0f, and all valid lavas, arming ordlnances,the ragulations of all govotnnimW bodies having jurisdiction thereof,shall beobscrved, (0 Regularaatrs Fromulgated by the Board of Directors cDnccrning the sass of the Propctty shall be observed by the Members, (B) The maintrftrmc�asscssrnents shall bi paid when due. (K) All clogs, cats, and other pets=6t ba leashed and shall not be permitted to nin 1003a, Home awnsrs shall be rasponsibia for picking up and dieposirrg of their pct's wute and for any damage tau sed by their pets to the Common Areas. W No resident Of, the C=m€anity shall post any advertisements or pasters of any I kind,including"for sale" or "for rent,"slats,im or on the Property catcept as auftrized by the Board of Direetars. "Ibis paaZraph slrstl not.apply to Devciopce. �? No fence, Sam.jungle gymn or basketball hoops shall be erected on, nor shall any.wsldiRlgg pool be placed upon, the Pmpa ty without the prior written consent of the Bow of Directors. 5 6brST;seed SSSSZ62 �1 59�1�£9bSb8 +S9d Fara r�nF,}.wo.r 22-Se 0102-6Z-d2S I - - �kJ No telavisiort yr ra antewla, satellite dia 8ntctitla or any other type Of reoaiving Or transmitting IOf-without rh Blah'ox structure$hall be acted are the exWior of Izotnc8 or on any e prior writteg consent of file Board of'Directors. (�} No Mame of mer shall mOvt, remove, add or othrxwlas lad common arae,or his]at witbouz theoonte ofchc Board vfD�ar�a IandRcapiag Or') No home cwacr sh"U.- parnt the exterior apert#ag out of his hoine. surfacrs Of whIdOWS, walls or doors (nl No person"Shall park a vehicle, Qr othcrwise obstruct any xesidtnez use of 'nvvea or egress to anY garage or Parking space,nor may fury vehicle bT pArkexl on rhe roadways when suals panting World ob&uUrt aCOOSS by jernergcney or 5_par 'd-on les. '11,e driveway in front of each garage is restricted is use to the owner of thus home in which,,wall garage is loCated. (o) No borne owner shall install ourpermit'to ba installed any v4t:dow mounted, or th'tough the wAll mounted, air conditicmingurrit in his home. (P) NO repair of nwtor chicles&ball be imado is any of the roadways,driveways or pang areas of the Development, nor shall such ams be used for storage parking of 44y boat, traller, =aper, bits, .tract; or commercial VeNcle without the "Ittc1l pramissldn OF the Board of I}irectCjS (9) No persOn'4n4'be entidzd-to use the roa Banal faciiider, of the Association except in accordance with the rules and regu Board of Directors. lations tsttahlfsht:d by the Association's (I} NO hOme Ovr nw Mill 212ak0 Or perMit any or rprrrnit, aDYd10$ 6 ba dour, thercin v4dch will Inter&rrs with die r gbtsr, i can.Lforts or Convenira�vs of other home owners. fa) homes may be used for msidential zo�niug regulatiow. Frurposas only InaeemdsszcG with municipal (t? The conmiorr areas shall not be obstrUCted, littered, defamd or misumd in an WOnbr. y r Every Member thud be liablc for any acid all damage to the common a;c* and the property of dxc Assoclftlon, which shall br, caused by said owner or such otter p,,rson for whose corWuct he is legally rcapaasibit. (�') Na ir�tatiar alterations to n borne aka pertnittod which would fmpair the f 1 5b�9i.ae4d SSSS�6Z�o,t S9Zb�9bSb8 tisgd tit] �anx�;woa� �2i80 0zldz-6Z-d35 09/29l20i� 15:Ib ti471y 75577 I r-NVY ANV 4f rl i UK rwur- Lor-+c r sttuctural soundness of any ptirty walls, reduce the levels of fire Safety in neighboring; homes,or dimiawa tho heat and sound i3sulation bctwC=bomes. (W) It is probibitud W hang garments, rugs, ata, or to string clothes Eines on any portion of the kio=, lot or common ares,Which m$y be sd*n from any portion of the. common area. CX) No 116Ma may Install a classes door on has home other thea ill a style, color and by&manu£attvrcr approved by the Boaxd of Directors. The foregoing provisions shall 11ot apply to Z3evcloper. ARTI CLE X11- PTt Section 1. B jnG is ih KWYO 2m Ttte cueroents. licenses, rights or privileges cstabllsbed, Created and grontad by this i3ecI2zatiatt shall be for ftb"Efit of and mtricted solely to, the Association and to the owners of homes, const oterl on this Property; anq ally owner may also gram the bene=fice Cf such mement, lice=nse, right oi-,privilega to his tananU and guests and their l>xlwc4i$ta families for the duration of time tenancies or visi=ts, subject llz the Clue of the Convnon Property to the Mules and Regulations of the Board of Di>,xctors,but the saran is atot intended, nor shall it be mnstrued as creating.any rights in or for the benefit of the gancral public. Section 2. and—Alumida= The, covauants and restrictions of this DWIAVA40n ShAll nice with, and bind the, land, and shall inure to tbo benefit of, and bo enforceable by the Association, any Member or the owner of any land subject to this Dmnlwation, th*ir respcctive legal reprwaitwves, heirs,. successors and "sips, until December 31, 2028, unless oth awisc,expressly li=mited hemtn, after which timc, said caver=ts =d restrictions shall be automatically extandad for suw sivt periods of tcn (l 0) years, unless an instrum=signed by sixty six and two thirds(66-2/3%)percent of the home owners has hoen recordcd, agrmetUag to change said covenants and restrictions in whole or in .parL Notwithstanding the foregoing, the eastin=ts, licenses,rights and ptivileges established and created with mspect to the Property by Section 2 of Article TV shall be perpetual,run with the- land, and shall survive .any destruction, r000natruction and relocation of sAy physical sttuctlsre, unlose said provision is abrogated by the written consent of eighlty-five (85%) pe Qwt of the home owlets. Unless SpeCifically prohibited heteitl. this Declaration may l a ascended by ars Imtrument sigoed.by Members holding not less than sixty six And two thirds (66-213%) of the vatos of tic membership, Any amc4drnent mutt be properly recorded to be Y Seetlon 3, DIS929it of A o a. upolrs dissolution of the Association, its real 'nd penonRI assets, including the Common Pmporty, shall h dedicated to as appropriato public agemey or utility to be devoted to purposes as nearly as practicable the same as those to which they -were required to be devoted by the s I 6b�ZT:�6pd SSS��6Z�a1 S�J�.b�'at,5�'8 �sglj F�t� Jan ibe�n�� �2=8�i 0T0Z-6Z-d�S A110011WO 4, In the event such dedication is refused acqcptanm such Diens &hail be amted conveyed, and assigned to any'310in-prof1t corpnrati6n, assaciatian, trust or other orpnizaeiop to be devoted to purposes as neatly as practlaabie the sarna as (brave to which they were Fequirrad to be devoted by the Assooiatiosl. NO such&SP031ti0a Of the Association ptop=j u shall be effective to divest or dimiaisb a1y right or title to azky Member vested in hire ander the Iicettsea,COVanants and ewtaaeltts of chis Decdsration, or under any stcbSequ4ndy rocorded cove"RU s, deeds cr'otha dvcumonts nppuablc to the Property, catCept as may be bthcxwiso ptavided i-a this Declaration, or said coviitaas.ts'deeds of other documents aa,the out may be, nor shall cony Other party tutder MY such deeds,cova=ts ox other documents he deprived of any ruts thereunder on account of Suck dispvsWon, Scal.ion 4• N!211go Any 906cc r=quired to be sent to any Umber root owner under the provisions of this D+clarlttion shall be aeoi6ed to have beet properly sent when mailed, by certified mail return mooipt roqucsted, postpaid, to the last known address of the person who apPeArs as Membcror o%-Act on tha roc*tds of the Association try the tirtxe at such mailing. Section S. A gfH[UkA, Tha administration of'the Association shall be in ' accordanot with tits provisions of the Asspcjatim.Sy_j.AWg and Rules which arc trade a part } of this Dat.Iaration and attached hereto as Exhlit' ,% i Sention 6. v ii . 1ltvalidation Of gt1,y of the coYenaftLS, Iirai[ationS dr provisions of this Declaration by jttd$m=nt or court Qrdex ahaIl in no way affect any of the r=eining prtrvisfpns hueof and the sura shall continuo In full Force and otTect. SeCUOrt 7. )5�aivcr. No provigion contained in this Declexativn shall be deented to ` haVe been abrogated ax waived by reason of any failure to enforce.the$am, re$"css of thb ntmbar of violations or breaches that may oecux, IN WITNESS WBERE©F Declarant has caused this Deoluataan to be executed as of the d,,,y of NATURZK PRFSSRVE,LLC BY' ' ort e7,Mina eC s ' " 1 � 1 S f 617i1BS:00e2 SSSS462:01 rtjF: a-VO!8'uoa_d g!2:90 HtOZ-62-d3S 09/29/2010 15:16 8452975555 ItLN1JY ANV I;ANIUK rr+u� ion o STATE vF Nrw Y(>RK 1 COUNTY OF DUTCIMS ss.. "vJ � ox,this da /o y of YJ ,2094,befom xne,the undersigne4, personally' apgcared Kurt J3,'-KuCtaer, personally known to me or proved to me On the basis of, Satisflctory ovidenae to be the individual'whoso name is sabsrxihed to the within i�lstz+tmcnt. and al;lcnowledged to roc that he oxccuted same in MS cspacity, and that by his aignaturB on the irlstrun=4 the iridty#dual, or.the persort upon behalf of which the individual acted, Mwuted the iasts ment, otary bH NOTARY PUDW,b4do op fh w Yp1c Qu~h DWWhM Y7pl+* . -_ ann�nieero„e�lrro�►+on as�E I I E,biET:�snd SSSs;)_68.101 ISgtj n�s8 Jansa!woJA E2:80 0T0a-62-JJS - YJ�f L7f LG1 b 17:1 D 6Fi�;a f 7�7:J - i UYL i Y1YL •.rri r i un ,,,�,^ ��, �„ f s f M f , UAAB �� f Ate- that certain Isnd inthe Town of W1a r being P49 the preiniseb desatibed in the d�dallo rted DUnLy ecember ber 11, 9733. r=xLc rdart n Li 1373 at naM 897; Wag Rubor cker desigr�d�S Parcel A On the,gyp cratttl 3: "Subdivssian plat for Margff"5t Capolino,"f'ilad with riot OLUOe of the Dotchms County Clerk on November 15, 1990 as Map No. 9145, EXCLUDINC3 part of the pz.TC4 app¢rapristted by the People of the State o€Naw Fork recordod in Libor 1577 art p+tgc 899, being mote particularly described is survey r. a wfrh the NovaAber, 2043 Bur''d'V prepared by Kwmeth B. Salzz� m, Land Surveyor. a8; - J3XGINNW(3 at the southwest corner of the heriin described premise., at the intersection of the nOrdi side of Old FioPewrll Road also known as County Route 28, with the di�isioa line batween )turd forrawly of Scott, now or fcrm�•df'Horvat(L-1Sute 8. with ore the west and said:P�cel A on the cast;thcetce along said Horvat,North 11'1746"East 336.25 fors; tbanoe condnuixag along amid Hotyut, And.along laud now ax Ibrincrly of Caputo(L. 1791 cp. 403), gea=71y along the center of a stone wall,North 43' 02'24"West 325,4:1 feet to s Si Wali cornier at the southeaxt corrior of land Fatmerly of I.troy; ane thanoe along said Leroy, now Lot 2 and Lot 1 of Filad Map 7361 and Lot IAof Piled Kap. i 7361A, and along Earjd fcnncrly of Souza, novo ar formerly Of Short (Deed No. 2001.5223), along 116 rMAIM of a*ze fenoe.North 34'58,02"Fast 714.91 feet to the northeast Cerner a£ 1 &aid Souza; thcucc cantinujZS alo>zg said Sonia, and aicurg Laud fozmeriy of Atkin, now or formerly cif Gritter (Deed No, 22002-6699), paxtly aloD9 the rema' of a stone wall, North 43. 41' 00" Vilest 478,53 feet to the cast'11nc of i�TyS Route 9p, also kuotivn at, �ugttsonvlile, Saito t Hisbuay No.222; thence along said Route 9D,North 13'20':46611"BMt 55.70 fcc,t; thence along said Rothe 917 as widened by's Notice of Appropriation recorded in Liber 1577 at psrge 899, fVQAh 23' 44' 10" East 44.36 feat to the division lino between Parcel A and said Parcel B,Piled Neap No,914.5; theacd along said division line tfta fallowing courses: South 434 4I'00-East 205.43,fact; Soil 122" 11'00"East 109,71 feat; Sottth 43-41'tit]"East 265,00 feet; r ( t i 6ir�g2:acRd SSSSL6Z�p1 S9Lb�3tfSb8 �aqd R�,t� aansa.wb�� �2�8@ @ZZ']2-6Z-c�5 U3t 4D LUlU 1:3.10 oYJGJf South 44'52'40"West'180.()o foot; % South 18' 13'50"Bast 577. 3 feet.and South 1,1. 36'10"West 525.92 fort to the north line of the afot mcntlotted Old Hopewell Road; thence 41,049 said Old Ropcwc I" 1044, genarauy along the roadside face of a Ston= wall, Nord1 00'tato West 228.09 Westfact;North 78' 20'4411'West 1.52.50 feet and Nartb'77' 07'43" West 15.41 feet i0 tl,6 Point of 13epWin'g. ALL thei ceztain land in the Town of Wappinger,/County of Dv.tchegS, State of Now York, being th.c part of the prrerWmn described in the deed dated December 11, 1973, recorded in Liber 1373 at page 897; beitS further designatod as part of partial B o,1 the leap entitled, "SL+3�divisiort poet for Margaret Capoli-nO," filed with the Wice of oic Du=hess Courtly Clerk ort Novamk7 15- 1990 as Map No.,9145,EXCLUDING pert of tho prtncel appropriated by the:, prnple cf the State of New 'fork as rt=rded in Libor 1577 at page 899, being more, PRrd('Ultrly described in xcoocdance with the November,2003 survey prepared by Kormeth B. Salztnanu,Land Surveyor,as: BeGYNNiNG at a Southeast comer of the h*mia dc-scribed premises, et the intcrsec 1011 of the Mt Dino Of NYS Routs 9D, also known as KUghsquvilIa. State Highway No. 222, with the division line between Parcel A and Parcel 8 an said Filed]+gip No.9145; thth('0 along said Routo 9D ca widened by a Notice Of A im satiOn rcoorded in Liber 157'7 s1 P390-899.North 23'44'100 l=est 114.23 feat;North 19' 24'22"East 315.66&&A and.Noob 02` 36,25",East 44.42 root to the south line of la=id now or forrnorly of l;ermra(L. 1951 OR.524); thbn(--- along said Ferrara. surd along the Routh and east line of land now or formerly of Broclrington(j,. 1953 cp.6Q),South 435'Q3'30"Fast 2.47.15 feet and Nerdy I$'43' 10".fast 47.64 feet to the south side of Mi Aebush-Road,also known as County Rom 93, 'tom«ainng said Middlebush$,pad, South 75"30'50"Fest 274.38 feet to the nortlyew comer Of said Perot i 13,Piled Map No.9145; dten c leaving Middlebnsty R*4 along the diviaion ltno bttwocry, said Parcel B end land ftputtdly of'CVOlino,8cu b 07' 52'40"WWW 170.00 ftet and South 82' 11'50"Muq 1 x2,85 _ feet to the west The of land formerly Of Martini, nOW or formerly of the.Town of W;jppjagor (L. 1473 cp.474); thtnre Wvng said 'Town of Wappinlga, ge1?or011y along the center of a MOM wall.South 09' 03'Cao"West 220.04 ft; 801tth I0' 16' 00"West-322.19 &d; South 42'57' 10"ERst 516.86 feet: South 41' 32' 20"East 63.96-feet; South 44'31'40"But 112.51 feet;South 47.' 57 00" East 200.00 feet; South 40' 41' 30" F-1st 2,13,25 feet; South 44' 13' 40"East 64A2 feet and f 51-.Z2:"Pd SSSSZ5�:�1 S9Zb�9bStr8 ?Sql� }la +ansa;woad {,2:80 0T0c�-6c-d 5 09/29/2010 1b:lb J4625/bbb5 ItNiJY AND VAN IUK rHu� �tr4o South 46' 03' 10" pest 4$.57 feet to a stone vrgll corner at tht northwest line } rmccly Of Trinka Development of hatches,Inc.(Deed No.22002.10455); of area aow ar thence along said Trinlca Devejp mmt, 37' 00'" Fest 282.16 feet and So tth 5p�garallyWcs 30.00 i'aet to a rcil�r found. �oa�to�e wall; thtmc still along the west side of said Ttinks Dave oproent, and along the west line of land tt9w Or formerly of Yanarella(L 1755 cp. 53p), now or forrncrlX of LioY ( 1$50 431) and otmerly of Lieb ne , no�v ar fn�rnterly Morse(need No. 22003-1764), generally�alotil; else canter 4F an Old stone watI, Sots h 28' 18'Q0^East 429.39 feet and South 26` 52'00"East 17.24 feet to the north line of did Hopowell Road, %Uo known as Conary Route 28; ther;oe along said dad F40pew4 Road,9cwrally,slang the readside.fun of a secret wall,I�ea•th, 14 4(1 ODHCee Wast 566.96 fftt, 1�ortll X4':46' Do" Weal 2,69.5 fo*%. NCtth 81` 52' UO" West l 1+t3.Q61e.cE; North 88' 5'7' p0'".west 30.34 feet and North 77' 00'00" West 60.91 feet t4 tfle division Iine between parcel A sold PKXo'l 13 on said Filed Map Nv.914S; thence alo..1g said dlvrsion:iioe the t'ollowing coarses: i' North I I'S6'IO"East S25,92 feed ' North 18'53'50"Weft$77.73 fret; Natth,04' 52'40"Hast 18o,00 feet; North 434ITO"'Wast 265.00 foot; North 22' 1"00"West 109.71 feet and North 43'41'00"Wo,st 205,43 feet to the dorernentloaw cut line of ROMC 91)aria the Point of j3eginning. f �• " " i 617/2e:a6ed SSSSL6Z:�L 53Lb 9bSb8 9sq�y Fg?a .ran?�aurvd� b�19Q 0Z0Z-6Z-d35 0.9/29J2010 15:16 8452975555 t LNi)Y AMU U'AN I UK rAur «i 4ts a State Of N4pv York u, .Deparlmenl o)rSlale I hereby certify that the annaxad copy has boon compared with the Original doaument in the Cxcft4dy ofthe Secretary of Stare and deal the .ramiR is a rrua copy 'Of sail ortgixoL my hand ant! seal of fhe Depm-frnew q(State on July 17, 2001 r � • � s . a � r 01� Sptekl Deputy Secretary of Sinto DCIS-1246(Kcv. I UOS) N r f f J i I 6b/22:76pd SS4SZ6F:ol S9�b£9bSb8 �,F46 qqx' a3nsd:wca� u2�B0 0Zs��-62-des �9f 29!2010 15:lb b4b2 j/7575 ItNWY ANU UAN i UK rr3�7G GJi 40 =alayod:ist the tloetion of Directf;n,not more than one Vaca may be cast with moped to any Such home. No member shall split or divide its votes On any melon.resolution or ballot ether than its,the curnulatius vesting proeedurt employed In the election of Directors, Section 2. ,-Vp•off,ion of b:12- The rights of Mcthbtrft are subject to thaz payment of periodic assessment$levied by the Board of Diraectom. if a I4amber older than the Dovcla5per, or its desigme:, €4ls to pay any asscssmenm, the Member's rights to we any ratio luaI faail{ties may bs Suspended by ttio 130ard of Dixaotors until sucks assessMent he been paid. SUC:h T4hts of a McMb r may also be suspended, ager notice and a heafing, for a pa:tiod net to exceed thirty(34)days,far'violat'iort of aasy riles and mgulattio,ta established by tbs Board Of)Q mCtOrt govemirg the u;e of the xwrwttional facilities_ Sec".tion 3. lLatiQri of r1nl QhEsch owA*r Shell,cease to be a Member in unadiately upCn trasuftsr of title to hit horns to anoftf, and the new owner shall ' autosnatieuliy bocom*a Membt:r. ,Section 4. Wld—er of Sc>rtarityTnt�e,st,Not a a Ibor. Any person or entity which holds it security xntarest $1 $ Homs; merely as security for the performance of an obligation shall not be a Mornber. i ARTICUrs,Vu. Q1120ML I> IMANDJYMM Section 1, ,So Messy M=nborz ass Dash repfeSerlt at least fI y orate(51%) pernettt of the total aetth dzed votes of all Membws prasant in person of reprr =mel by writteat proxy shall be regylsita to and shall constitute a quorum at,Rll meetings Of the Associa don far the trmsmctiun Of ba3inte56, except as otherv4se: provided by Statute, by the Declaration, the Certificate of incorporation of the ,A,asociatiom, or by these By-Laws. if, f however,such quorum shell not be present or'repiesented at any.meetiasg of the Association. the Meint4rs entitled to vote thrraat, prescat in person or represented by written proxy, shall have the power to adioum the meeting, . At least five (5) 4" written notice far such adjOmwd rnestiing shall be given ter all Members. At such adjourned mtoting any busiUrsS maY be sr rsacte:d which might have been transacted at the meetjAg originnity cadet!. At such adjourned Meeting, so many members as ahall ra present at least thirty three and one third (33 113%)percent of the total authorized votes of all member shat Constitute a Gluon= : Section 2, V c H Wht n n quorum is present at any inmetiag, taro Vote of as majority of the Members present in person or mprescnte3 by writtta Proxy shall decide any question brought before such meeting and such vote shall be binding upon all ldembem.unless the question Woua upon which by express provision of the Statute, Declamdon, Cortificate of lneorpgrsrioa or of chest By-Laws, a different vote is required, in wbia e3a,sasuch=Pre"provisioin�shall govern,axed control the detision of such quesdom 5act}asa 3. iib L9,Y.o Members shill be entitled to vote either in person or by t proxy at ntzy meeting of the Association. Any such proxy shall only be valid for suds Moving or subse;qutnt adjoilmod meetings themot, 1 . c 6b.92:-D6ed SSSSZSc °1 Al!D ,can+U.waj j SR:80 OTW-62-d2S 95f29/2010 15:16 8452J(5555 ILNVY ANU LAN IUM rNur- 4014D SCedon 4. groxlc4, All proxies shall bee in writing signed by Lhe wmWti and slisti be:Ixlcd with the Sccaretaxypdor to Lk 2ncCd09 at wbia the samo are to be used. A notation bf such proxies shall be mads in the minutes of the m*dng. Section 5. &&vel and�Carisant, Whanever the vote of the membership 1d a meeting to requl:Ted, or pernaittod by Statuteq or by uny provision of the X3rtlarstlon,, Cartificate Of lncorporation or by [brae By'-f Aws to be tales ut oonnoclion .with any actioty of the Association, the meeting and roto of ttte mmenabtrship may be dispensed with tf all Members whtl would have been entitled to vote upon the action if such eventing were hold,shall tonscrit IR writing to-stitch action being talren. Soatiotl b. C-If yaqw, MeedAgs shall ba held at any suimble place It convcaicnt to the Members as may be dcsipated by the Board of Direcvirs and desipated in the nloticeg of Such rnr=tings. r section 7. Ann a in , T%* annual meeting of the thrmbershig of rho Association shall be hald an such date as is fixed by the Board of At such mectiztgs • there shad bt:elected by ballot of the membership a Boaxd of Directors in accordance with die requirements of Article VIII of thew bey-la+s. Tha Members.may alto transent such other business as may properly conte before the meeting. Section 8. 5 : 1 b+1 ;iAtg, ; It shall be.the duty of The president to talk a special mo-tin of tho Association, if so directed-by the Board of Dirtetors, or upon the presentation W the Se=tary of s Pel tion signed by a Irgajoro of the Members. section 9, otic , It$Wl iia the daty of the Secretary to snail a norice Of each WMU41 Or spcclal 9T064fig, -stating the puxposo thereof as %V11 ars the time and pl-sere• where it is M beheld, to each Member at.leftt wok but not more then thirty days,prior to such,' meeting. The tnitilirtg of a uotiee in the trxaar=provided in theca Sy-Laws shall be comidercd ' ua�xcc carved. SOC60].11). -QTAinc , The order of business at all meetings sha l be a, . -fvllaws: (a) Roll Call (b) Proof of rlvtit:a oaf meed or waivur of notice (c) Reading of minutes of preceding rneedits r, �i�• (a) Report of officers Report of cornrnittees Appointment of impactors of electlon(in rhe cvwt thaw is an gel ection) 1 6bILZ:aep'j SSSSLC�:p� S9L 9bSbe �sq�y �zt .rAn a:wo�� S�'-60 0T@�-62-d S lJ7I ZW LGl[J L;J.i0 OMJGJ!J.i.Jd iii,a.. .�. ✓ vr-r•,•.� . ($) Election of ofrrcmrs(its the evextt there is an election) (h) Uelaishcd bLWO'Css (i) New btuitiess ARTICLE VEL }r I sawon I. X=akLudz= lu number of Directors which shall constitute she whole Rflard Shall not be less thanthret (3) not Tbora th4w five (S), An initial Harrel constituting of three Direators• shall be desigtaated by the Developer to Valve ontil the first annual meting of the Association, or a daft within't%Wye,(12) mantha of the ctosirtg of title nn to the first HOMO,whidbcv&date is the egrller to Occur. At the first arxttival moetisg and at all subsaqucnt aszal t cc>an the Metxnbeii shall vote fdr and elect.two Directors to serve for y one year t'.s )s and tlft Directors to serve fof two year totrn� or until their successors have beam duly elected and qualified. All Directors, other than those the Developer steal} have the right to cloafgnate, must by either Members of the Association or immediate family members residing It,the McMber's Meme, Hach Director&hall he at least twenty one,years of age, S".ion 2, 'l"he: itaitial So2rd ofDirrctocs shall be appointed by Declarant. At the first a=al meeting and each subsequent meeting tlxeraef the.Directors sh"ba alerted by the Mercbm, exCept as prowidle3 fOr in Section 3 of tltls Article VM. Station 3. v in an tc :ertain Soascl kl=hgm. in an eleodon of Diractork, each Member S12all ba entitled to as roarty votes as*hall equal the number of Directors to he looted and a Mamber may cast all of such vem a for a single Dkutter or may distrilrite them among two car-more Directors as he saes fit. N0twRbstapding the foregoing, the Developer shell have rhe tight to designate throe Direntom until the sevenrb anniversary date of the:recording of the: Declaration, or until 9(x'0 Of the Holmes in the Development ate closed, Whichever is sootier. Thereafter.the Developer -shall flouts the right to ,designate otte Dfractor for so lana as it owns one Home in diet DewloptncuL When the Developer no longer owns any Home in the Development it inay not dMignatc czy Director's. Developtr may not cast its vote*to elect any Directors In aadition,to tba desfpated Directors set forty, abvvts. The provisions of Arttele VM Sections 1, 2 and 3 c may not ba emended without the written consent of the Dovelopesr, by reasoua of n 4, vacatyt by rV'acancv anr4 12pn1 M99t. if the office of any Director beeonaes death, r signatlan,'retirement, disqualification, rcmovsl f om office or othrrwisG, a mrt*ty of the remaining Dired Ora, though less than it quot•uen, at a special a meeting of Dirivors duly called for this FwPOK, shall rhooae a successor, who shall hold i Office far the unrmpired term of the vac sQ off= and until bis succtssor is duly clacted Axid qualifted, Lh the event a Director appointed by Doveloper coigns, the Developer shall bs,e the.tight W appoir►t another Dircptpr in his playa. 1 6biB':a�ad SSSSL62 01 4sge SIT:) 44MT {!-nJ Sca;88 6T62•-62-dM 177/L12ILUIV lO:lD 047L7I:.JJUU - i,�iiui niw vn„r,rt �- - r r r i Section Sr vel. 1,1kedors (Other than Developer's designated members)n-&y be removed for cause by an affitmad-Ve vote of sixty six and two thirds (66 2+3%) perotat of the Membem No Director,other thaw a designee of the Developer,$hAll continue to serve on the Hoard.if during his teat of office,be ihall cease to be a Member. Section 6. EQE= •The prop4�rty and business of the Associatim shall ba inanag�d by its Board of Directors, which rmay exercise all aitch powers of the Association and do all such lawtdl acts and things as are not by Statute, Dcolaradm, Cenifcate of Incorporation, or by these $y-Itw5, directed or required to be exercised or done by tbc: Mcmbers or owners permMally. These powers shall apeaifcall'y include,but not be litnited to.the following item; (a) Eadmate the cents- and expenses of operating the Associatioja for the next succeeding year od.prepare a budget for such next succeeding yccm, (b) To determine and bevy moAthly assessments ("Association Assessmeats') to cover cf►c cost of apaating and`malntstning the Property payOblo )a advikme. The Board of Directors may increase the monthly aasessmcnts or voto a special asses ment in excess of that amount,of required,to meet arty additional inacmury expenses. (c) To coIlsot, use and expend tbo asscssmrents collected to maintain,care for and preserve the Common Property including the.roads,walks,recreation facilities.Parking areas, landscaping, roof repair, sewer system, water systems. detention ponds and Maintenance of the exterior of the Houses an the Property. (d) To determine mnd levy the amount of any Association Assessincnts or special ma"sments, if r=piircd to make up a deficit in any eternal operating budget of the A.asociatiaa. (e) To dttennIne and levy the,amount of day}association A,ssessmeats fair capital improvements for the purpose of defraying, in whole or in part, the cost of any eonstruatinra or reconstruction, ' unexpected repair or replacement of capital i�+provetxlBnta. ' . .. (f) To make repairs, retstore or after rhe Common Propaty after damage or dratruction by fire or other mualty or as a result of condemnation or eminent domain prvoer_dings. (9) TQ open bank accounts and bQ mw money on behalf of the,Association and to daslpnate the;-signatories to such bwk accounts,however(a) the of rmative Consent of r st least two-tbirds of the dk*atars shrill be.required for the botmwing of any sum in Met& of $10,000 in any ane fiscal year (mgafdless of the balance of ruay loans Outstanding from previous fiscal years); (b),no lien to secure prepayment of tiny sum borrowed imay be crowed on any home without the consent of aha owner of such home, (a) the documentation oFacuttd in aonnectidn with any such borrowing shall provide that, if any sum bg=OWW by tbe-Assoclation pursuant to this subparmgraph (el) shall 6bi62:Q6sd 9995;L62:Q1 GRLt?F GS s 1 sqy Pilo .ion t2d;WO4j 92;80 0102-62-d3s .. F77(L`J/LY]lYJ 17:1O D4'47f7 77 ICI`ILi ,,iru urnY urs i num i.+r -.+.+ nae be repaid by the Associatioz, any owaer who pay$ to the aeditor thereunder suck, proporttun of the than outOmding indebtedness equal to a fraction whose n1=0rator shall be on-,and wbosc denomuoxtor shall be the number of homes in tho Deve apment shill be.entitled to,obtain i"r m the creditor a release,of any judgmeut or other 1ian that the' said caedltor Sbad1 have fi lad; of shall hate the right to file, against such ownees home. NotvddU asrftg then farWing,the Board of Directors shall not be catitled to borrow tnotues without the>tonstat of Dbauant, (h) To Collect dchnquent asse,ssmmm by stiit Cr otherwise, to abate,nvusancos and to +:njofxi or seals damSes frnm Mombas for violations of the i:trlc8 and legulations herein referred to. (i) To make roavonabk!rules Arid regulatiom and to ammd the&aurae•hoer► time.tb time. Such rules and reSulations and atnandments *=eto shall be binding,upon ttie. Member when the Board bits etpproved then' to write and delivezed a copy of ager rules and all a(ucndm=t* to each Member. Such rules and regulatious may withaut Iimtting the foregaixgI include reasonable-limitations bra the use of the C;azrunon p� Property by guests of the Mcrx bers,as well aS.rossonablc admission and other fees for Stich use. f (j) To employ Wotkra m, Cgntraetors and supervisory parson el, rv�d to purchaser suppliers and. equiprmont, to colleen•irate contracts to provide maintenance and other se vices, and gczre*.r:slly to have the;powar of Directors in connection with rhe matters heroin above sot forth. (l) ' To bxxug and defend potions by or against one or more, Members pcttinent to t the operation of the Atwcia lora and to aiesess special assessments to payrWe no t O.f wch litigation. {i) TO hirb R Manmilint Agent to perform acrd exercise the powers of tht Board of Directors in the:managennant of the Dcvcloptnent. W To levy reasonable uniform fines or.other charges agairwt Members for nan- payment of asvArmo)ats, or against any numbcr excop!Doclarant,for any violation of that a By-haws or of any rule or rog'alation establish d by the loan#of Direciu s. W To make such rAgulalUOus,consistent,with the terrw of the Documents and arty applicable law, as it may doom advfsablo for any eructing of its rr>tmbers, in regard To proof of memist7rship in the Assoclstiorr, evi.derxe of the right to vote, registration of lvlernbem for voting purposes, the estabiishinont of voting procedures and such other niatterrs coriceming the condo(--t of meeting and voting as it shall dire approprisro. (o) The Board of Directors shall riot be.obligatcd in any fiscal year to Spend all suers collected in such year by Way of assesarrmetzts, or otherwise, and may carry forward a surplus of any balances ramaWng, nor shall the Board of Directors be t t } 1 6tri0�eaepd SSSILGE:01 994b£9bS59 189ei F;a?3 .ran!6:wOJJ 92:80 6t0Z�62-d95 YJ 31 L71.4t71CF 1s.:10 04`eL7f J J J r.i.✓i r�iw'vr�rr .r --• — Obligated to ARply any Such surplus to Mclnotion of the amount cif assessments In the succeeding years and such surplus may be cazricd forward front year to year as the Board of Di WiDrs in its absolute discrodon may determine for the greatez finandbi secutity and the of-Wtuation of tear,purposes of the Association, (p) To carry out any other tasters imposed upon the Board of Uir=Qxs pursuant to .the Documents. (i) The Board of;Directom may, by resolution or resalut:lojas, passed by a mRjarity of the whole Board, drsipa3tt ane or mora committees, each of sUcb coibmiuces to consist of at least three (3) Members, orae of whom shall be a D3metor, which, to the extenc provided in said xesoludon or molutioris,shall have and may extmise tht powcsr of the Roard of Directors. In the management of tiro business .and affairs of the k-modatton and may haat pvwCt to sign all papers. which may be required, pro'vidvd the said rwolutlon or resolutions r Shall spcCif Udly 8o provide. Such committee,or committees shall have suoh name or nasnos as may be detm mined fYom time'to tuna bj resolution adapted by tele Ilea;d of Directors, Cascuz,ittces established by Xvsoladort of the Bosrsi<of 1?Irmtors shall keep regular minutes of the proceedings and shall report the some to the Bcatd,as regtztred. (ii) Notwithstanding anything to We contrary contatued in these By Laws, ao long as the Developer or Its designee shall continua to own Homes in the devalopnme[At rt;presenti�s at ]cast five (546)pGt`cant of tht total Homes in all Pleases but in no event later than oven(7)yeses,from the closing of title to the fust Hoene, the Board of Directors may Pot, without the Deveiolsw's prior wriuon Consent (i) mala any -idd;liar►, alteration or improvement.to,tha,Comw9n Area, or(ii) assess any Ascoi iadan charges or tha creation of, addition to or replaceme r of all or part of a=crye, contingenoy or surplus fund or, (iii) enter Into any service or marntnxr"ue contract for work mot,covered by contracts in existeaee on the sate.the said flan IS declared effoctivc, or(iv),borrow money on behalf of the Association or, (v) increase or detrease'tbo services or mainteaiarree sot forth in Schedule A or A-1 of the Qf'f-aring Platy or (vi) purchase arty materials, egtipment or athcr gooses costing in success of $1,000. Developer shall not use Its veto power or control of the Board of Df=ta'rs to,,dune the levo of services described, its. the Offering Plan, or prevrat capital repairs or prevent exp*nditUres required to Comply with appBoeble laws or regulations, 'While Developet is i,n control of the Board or D xectors,no mortgage]ions will be placed on the Common Property Without tits coams=t of at 1aa,at fifty enc (.51%) percent of the horno owners other them the ]Developer,or Veveloparo nominees. '. hi9 subpara0ph{c) may not be ammded without rite written consent of the Dovelaptr. ;. Section 7. pg&n6n. bbecwxs 'acrd officers, as such, shall =eive rto couapcnsarion for their servioes,',however, any Noector may be reimbgmed far his actual c P=Ses incnrrad In the performance of his duties as Director, if such rcirnbmsernm is ' RuthOrized by the Board of Dirca&s. Section 9. ommdn or, frttcreacd Di=tars anLQQ=. Bach Director and F�,ggl; oftifxr shall perform h1g duties,•aisd shall exercise his!sowers, in good faith and with a view to k 6b�T : need SSSSLSC °l S9Lb£9t7GtP8 lsgd Aj xD ,ran?t{:woj-j 92:00 BZ02-62-d2S a�lY7(taJ.a 10:io 6'fDL7f73:J:J x..,afrnw`vn ,i�'r. ••••� .•••. ._ , Y ' clue interests of the. AsoaciatiOn. To the extent permitted by law, no contract or Other tMMR0d0h between tete Board. of Directors of the Assasistioa and ehbet (r) say of its DiMdOrs or ofBoers or (ii) any 09rporatl9n, parmership, fiduciary, firm association, or other i entity to WWoh any of tha Direotora or 9fricars etc officers, Directors, ompioyete, partners, bcooflcfarics, or principals, or are;atherwlae, shall be deemed either void or voidable because + dither: (a) any such 1_►mctor or offictr was present at the meeting or njeetings of the Board of + Dimc6= during whiff such contjAot or trarsttctioti was dWWsed, attthori , approved. or ratified or, (b) the vote of any Director or offieer.was counted for such purposes, provided, ' how=ver,that either; (a) . rhe fact thereof is disclosed to,or known by,the Sea d of Dircerora or a majority of the mamben thercaf or noted in the minutes thereof and the Board of Directors shall authorize, approve o1,ratify such contract or transaction in good faith by a vote of a majority 6f tiae entire Board of INrectars,less clic numbor of such members;or (b) the eoratracG-or transaction is com morcially reasoneWe to tate Board of Directors at the time that the sande is authorized, aipprovvd, ratified, executed or otherwise consummated. Any such Director may be coumed In detaarrnining the.ptesenot of a quorum of Bray F rztceting Of the Board of Aircaors that authorizes, apt rovea, or ratifies any such coittraat oT transaction,but no suet+Director shall be entitled to vote thereat to autfaoritc,approve or ratify sock contract Or iransactidn' setdon 9, ISI_ tirs�s, (a) . The first tneetWg'of•CaCh,Board newly elected by the Members shall lie held immediately upon adjDUr=cnt of the Heeling at which they were elcrxcd, provided a quorum shall then be present, or as soon themrtcr as may be practicable. The aiiw ua) meatbg of the Board of Dimetvra shall be held at the carne place as ft,.annuel•miring of Association Members mud immediately Biter ;be 403ourtttinant of same, at which time the dates, places and times of regularly schedulec meetings of,the Board shall be set. (b) Ragalarly scheduled Ineetings of the Board may be held withow special notice. (c) Special mcetings of the BQard,may be called by the President on Iwo(2) days notice to oacb Director either personally, or by wo, Spooial rrmeettngs shell be called by the President or Secretary in a like mare er and on like dotted on the written request of at least two(2)Directors. (d) At aU rrtaetirags of the Board, a majority of the Directors shall be. n9cessary a4 sufficient to constitute a quorum for the tzartsaction of busirtm, and an set of a seventy five(75%) perc'=t majorlty at the,DlrectorS present At 5j7/2C:OF,pd SSSSL6Z °1 S9Lb£9t'Sb8 sqd a�x� JanT�1;woad la:@@ 01�-bZ-d�5 CF'y!;4`%I'eulto 1C):10 04;)47 rz=) u�ir rii�L +rr�ii vn m..� •••.• �� •�, I I any heating at which there, is a quQmTn shall be the act of the Board of I Directors,except gs may bt othuwisc spocifiaallyprovided by Statute or by the Declaration or by these By laws. if a quorum shall not be present at any meetiq of Directm, tho Directorrs present thecaat may adjourn dna tneating ItOm time to them¢, without notice other than a:'r'ouncernam xt the nnGeti.rig until R quorurn shall be present. (c) B0014 or dt array mcating of she Board of DfrWors, any Director may,in waiting waive nOticz of such xxtneting end such weivcr shalt be deemed equivalent to the giving of auch notice. Attendance by a director at arty meeting of the Board shall Ise x waiver Of notice by hire of the time and placer thereof l;f all the biredOrs are present at any meeting of the Doaa d, no notice chit]I be required and any business may be-tr4=oted at such zaeeting, Section 14, AGM&IS�sWrisent, The Board of Directors shall furabb to aI I Mernbwa and shell present amwally, at the annual reacting and when called for by n vote of the Members at any spdcial arteetirtg of the Membcrs, a hill and clear uAtement of the business coadidonx and affairs of the Association, iCClttding a balance sheat and profit and loss StatOMCM verdfied by On ifJftdePcnd6nt gub11G accountant Md a M(etxnotrt regarding any taxable Inoomr. attributable to the Members and, A Notice of the holding of the mnual meeting o: Association members, Section 11. E,idgIIc _Bcrdl,, The Board of Directors shall require shat all officers And employees of the' Association (e xcept Dtvaloper or Developer's rrpmscntatives)handling Q;-rc;pozsjIbjc for Association funds shall f Main adequate.fidcliiy bonds. Tbt prerniurrss tui such bonds shall be an expense of the Association. A1TJr-LF IX. Section 1, ELMaixe am=. The officers of the A#ociation shall hn chosen by the Board of Directors ectors and shall car silt of a Pkesident„ a Vice President, a Secirotary and a 7'reaswter. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such attar officers ss ixs their judgment may be necessary, All ofifac m must be either a member of the Board of Directors, or Members of the Association. Twt,or more offices may not be held by the senile person after the first annual matting. 5ecdon 2. . The Board of Ducdtors, at its first meeting after each annual meeting of Association Members, shill abet a president, a Vice Presidexnt, a Sscrcta l acid a TrcUsurer, Only the President must be a tnembar of the Board. Section 3. �Y�,p '1; o Board may appoint such other offloors and agents as ft shall deem necA*gAry who shall bold their offices for such tortes aed shall exorcise S1101 powers anal petfonn socia,deities 8S Guilt be detexrnined Brett'time to time by the Boatel. 5bi���?r6pd SSSSZ6$�O1 59�b�9bSi7$ �Iql� �1 r� ,�an?�;cuo.r� Z.�:90 StiOS-6z-dSS ;�7!L7/1171 b 17:1 b t3471'j f 7777 i GINVY Wilt L.FNY i Um rrix- 1I TW Section 4. J=. The.of lcm shell hold offioa for a period of ona yeas•or until their suCtersors axe chosen and qualify in-their stead,.Any of!=elecW or appointed by the Board of Dimetors maybe t'cmoved with Ar without cause,at any EIMC, by the aff n=tive vote 4f 8 seventy fixe(7596)pCrt:taL 1[r8jdrfty.f the Board Of DirCOor&,provided prior rtaticc w, given to all Board mernbers t*this item wim ork the agenda for such rnming. if the ofEirx of auy cffsoer bGcames vacant for any reason, the vacmoy shaLl bo filled by tbrr Board of Directors, SOW=5. Mme, The'PresidCDi shall be the ohitf execettive officer of the Association;he/she shall preside dt all,meetings of the,AssociAtion M=bars and the Board of 1] tom, shall be = ex-aificia in=Der of all standing aommitteas, shall have gr tml and active=A,gcarscnt of the WHIM of the Association, shall see that all inches and rewluttcais Of the Board are carried into rffec[and shall have such other powers and duties as are nsttally vcstod in the Office of President of a corporation argariacd under tht Not-for-Profit Corporation I.aw of the Surto of New York, Scrtion 5. 1bg V The Vice President shall take die place of the Presldent and perform his/her duties Wh=evor the President is absent or unable to act and shall have su.Qh other]towers and duties as are tlsutLily vested is the office of vice.President of a corporation orgsnized wider tbz Not-for-ProCt carparatibn Law of the State of l^lew'Y'ork. Section 7. The 3a9=�. i'ht Secretary and/or AsslstanE Secretary shall attend all sessionx of the Hoard and All mWings of Association Members and record all votes lmd the mihutea of all pr000ediags in it hook to be kept for that purpose and shall perform like duties fr the standing committees wh*A required. HeAbe shall give, or rause to be given, notice of 1 all meedtlgs of Association Mcmhprs and speolal meetings of Om Board of Dinctors.and AhkIl Perform such other duties w may PcG pmscrlbed by tic Board of Directors or by the Premderl; under whose supervision lic(she shall bc. Sectfoal 8 The rczsurrsr. The Treasurer shall havo the custody of tho Association } fmids and securities and shall keep full ind accurate chronological accounts of receipts and disbursr-mimts in books belo4ng to the Association iAoluding the vouchers for such -disbursements,and shall deposit all tunica, and other valuable effects in clic game and to the _ credit of the Association in suab depvsitodm as xnay be,de3ignawd by the Rexed of Directors. These duties may alto bt t=erciscd by tho'Managiq Agent, if any. However,such Managing Agent shall not replace thea Troasurer. , H&Wba stall disburse,tbt fuuuls of the Assoclat3,on as he may be ordered by the Beard, making proper voachas for such disbursements and shall reader to the Presidw and Directors, at the regular meettrtg of the Board or whenever they may mquirt it, an amount of all his transactions as Tx aurer, and of the fiuttncial cdadition of the Association. Wshe:%hall keep detailed financial records and 13rnoks of account of the Association, including a separarn acco>mit'for each Member, whiah Among other things, shall comain tlx: I 6��b�-8gpd SSSSZ6�:pl S9Zb�9b5�8 1$r€d �'�x� .�ant�:woad 1��80 0ti0�-6�-d�S 17W'L'9 Zulu i-=:1D04�L3(u-v7J r_tiur r,Eiu V t1E41 �- -� Y j a3i uftt of Och aSsi"glmenl the dste whan chat. tate =Dunt paid tlt=oa and Clic balanco rcmainirt unpaid, Section . A=eMmIs. rte. All zgreemants and other instruments shall be ex&mted by the Prudent or such other parson as may be design&& by the Board of i3uc;cton. , AP,-nCLE X, , ScCtiazt i, 'o s. Whenever under djo provisiW of tho Doclaral4oa or of tltesa BY-Laws, notice is regttire4 to be given cc the Board of Directors or to any Director, or Association M mbcr, it shall nat be conatrtted to mean personal notic3c;but such notice may be glv,n in writing, by mail, by depositing th*4amo in a post Office or letter box in a postpaid sealed wrapper addrossod to the Board of Directors,each Director, or Mamber at such add=4 As Appears on the books of the;Association. • Section I. SWJQ;, ii• ivt . Whenever any notice is nquired to to,given under the provisions of the, Declaration.,or of these-By-Laws, a waiver thearoof, in writing, signed by the person or pt--sons entitled tb such notice, whether bcf=or after the time stated therein,aball be deemed tha equivalent thereof. ' ARTICLE XI. t . Section, 1. an The, aredtion of the lien and personal Obligation of assesamcnts is governed by Seotion 1 of Artic3r VI of the Declaration. Section 2, PtlrpgAt Of A . Ibc purpose of assessments is as specified it S". ion 2 of Article V1 of tilt Declaration. Section 3. BUIss gf A=smcntc. The basis of tial asscssrncnts is as specified i% Section 3 ofAzticia"VI of the Daclaradan., SO-Cdon 4, DWL-Of -CpMraencement t ' e Dates. Tht date a; co=mencwnent and tho due dazes of messmanta ale w sped icd in Section 4 of,A,rdrlc V3 of the Declaration. Sxction 5, t The off= of non-peycoeut of assessua=% and then r mollies of tho Amociatlou shall be aS v:cified in Section,5 of Article VI of the Declaration. Section b. InAtIM of.,l,,l to Martaasrss, The lien of the assessmenis provided for herein shall brdiroted pursuant to the provisions of Section 5 of Article V I A of cite Deolaradon. q E EbiGg::aerd S5LV29bQ7R 1$qH Alin janTN:Waj� R7.!PA rhZDl�-F�-1 q3f LSf L�71Y� l�:lb 6y�.C7/���7 i r-iwT miiw Vmii i Wf\ r.Y.- +-• �+ Y 1 • Sewn 7. Al l checks or demands for morteiy and notes of the AsS0ci8tio:n sb�I be Signed by the president and 'Treasurer, or by such other officer or oMeers or such ether person or porcous as the Board of Directors may from time to time designate. $6--ugn$, , Tlbom shalt be cstalslishcd Azad rnaintalned a ash deposit account to be known as * "Operaft Amount" into Which shall be deposited the opMtlnag portion of all m=thly and special assessments as fixed sod dettrminr�l for all matrlbers. Disbursewenb from said account shall be for the general needs of theoporation Woluding, but not limitod to, wngc3, regains, betterments, =xintcnarace and other operating axpewcs trf the oornmunity. $a.tion 9. O.IX ooaunt9, Tlsc 13bard shall maintain any other at:caunts it shall deem necessary to carry out-its purposts. ScL=tion 10. U61011 n- or Upon displutian or liquidation of the Asstrciatiolt, Members shall h$vt'vrly such distributive rights rolating to any Cee, dues and assessments paid by them as a Not-for-Profit Corporation Law of Now'York may confer Upon thorn. ARTICLE XIz. NDiV11 Exarpt as otherwise provided, these$y-Lswt may be altered, amended or added to at any duly called meeting of Association Members pi'crvidcd: (i) Haat the no.dee of the meebrig l shall eonWn a full statement of the proposed==4rnen.i and (Z) that the amencir cnt shall be appzr ved'by vote of at host sixty six and two thW8 (66 2/3%)perccmt of the members. No amcndment, however, shall adfea pr isnpa3x the validity or priority of the Members' interest's and the intere s of 111014= of a mortgage meta abed ig it Member's Homo. Nor shall any amendment have the effect of infrAngfrkg upon the Developor's qht to build and rnakc membership in or use of she ASsocl&Uon available to'p=hases or Iessees of Hennes on the Froporty. ARTICLE XrI1. SG:tivS1�I. ing NW Lakinj Homm. Any Home may be conveyed or leased by p a Mc=Ibc' fret of ainy mtticti= oxccpt that no Mcr bor shall convey, mvrtgagq Fledge, hypQtheeate, sou or Num his Hom@ unless and until all violations agalamt the home are zatnoved and aU unpaid Association expenscs as==Id against the dome shall have ben paid as directed by the Board of Directors. Such unpaid Amolatlon expenses, however. may be. paid out of tiro prooeeds from the sale of a Rome, or by tho Grsntee. Any Sala or lease of a Home in vi0IRti0n of this ftaion-shalI be voidable aL tha election of the Board of Directors. Upon the rvritmn request of a Member or his utottgngee,the Saeed or its designee khalI fumish a written statemcrrt of the status' of arty wialaoprj and the unpaid charges due imm such Member which sleep ba cftalwive evidence of the payment of amounts assessed prior to the date of they stateaneatt. A masonable charge may be made by the Board for the I:MI=ce of such atstctrnnu_ r t fi 6b�9S:aEpd SSSSL62ioJ S9LbC9bSb8 z¢qb F�T� aanT�:woad 22-:20 2T22-G2-d35 09/29/2029 15:16 b4b'1J/bbbb iLNLY ANV tRNiUK rNa� ao,�o e , The provisions,of chis Section skull not apply tv the acquisition of a Home by a m0rt94ECC who sha]l acquim title to st=ob Home by foreclostu'c or by deed in lieu of forgetwura. In such event ft unpaidasscsamcnts againat the Hoene which w=assessed and became due prior to the acquisition of title to such-H=6 by such mortgagee shall be dwna i walv*d by the Associations as a common exp=e. NO praa3siams shall, however, apply to nrsy as;esmants which arc Messed=d beoomc due after the acquisition cif title to such Ronne_ by the lnortgagac Raft to alar pwvbaisor from gray su4-i mortgagee, Vi heaever the tem "House"is referred to in this Section, it shalt include the Home, tlt� Mamba's interest ith the Asaocladon and the Membtes intomt in any Homes acquired by the . s Association. Section 2, hL-zlt. .Any Member rosy convey or transfer his Home by gilt dieting his lifatime or devise his Home by wilt. or pass tate sarn4. by iatestaLy without rmstriction. t k ARTICLE xtv. arts. Section 1. Fiscal Yuri The Ascal you of the Association, shall be fixed by resolution of the hoard of Dircators. t Stcdon 2. 5ML Tlie Association seal shall hovo lnecribed thereon the name of the Association and the year of its lncvrporatlon under the laws of the Stets of Ntw York. The seal may be used by causing it or a £sroslmlle thereof to be impressrd uy affixed or 1n any manner reproduced. Section 3. . A Zg1CQ til. No biWdirtg, fence, wall, statuary or tither structure, or change in landscaping. shall be oomnmeed. erected or maintained uport the PropwV,nor shall any exzeu Wr add.ltion to, or chews or alteration thwcto,be mane usatit the pian,;and specifications showingI6 r=A;e,kind, ahape,heiglst, rn4twials,color and locations of the same shall heve bema subrtilttcd to, and approved In writing as to hamouy of external design and lovation, is relation to aurrouading'structw= and topography by tho Board of d lmatore of the Associmion, or by tan Architectural Cormn.ittea composed of three or snore rreprt 6=ratives Appointed by the BQatd, In the event rhe Board, or its designated committer fails to approve oy disapprovt such design and location withia sixty(60)days after said plains and specifytions have beam submitted to it, approval, will riot be r�gWmd and this Soctiva will be deemed to have beca duly complied with. Iia pruvisians a dais paca aph shall:not apply to tete Developer. As sot faith In Article v" Section 7(d) of these By-L.awse, a twos v. thkds z4ority o£ m guoruna of the Board of Directors or arr hitmtural co mittce shat} be ;i required for approval of any addition, change,o;&hm4tinn, Notwithawding anythitlg hereia to elle oontrary, In, the.event that any work,is undertaker=, no work win be permitted to bt: ' corrtmersred prior to receipt of all govcrrane ttal approvals necessary for the work, as well Rs Gia claliverry to the Board of appropd4te insurance c eataficates. rl f 6b�L�:aQrd �SSSL6��p1 54Lb�9bSb8 z=5d �'tx� ��nxa.Wa.�� 8��90 OtFJ�-SZ-�S 09/29/2919 15:1b a4b1y/bbbb ILNUY ANU URNIUK rWur ar4r40 r section 4. s ' Each Mesmbcror heir rmspeetive xapresent8tives and fwa moj%pgew,$hall be entitled to a reacorAble e.Xamiaatic of the,baalte and �eocards o the Association any time dnt�ig r►0=11 buslrie S hours upon rosonable notice to its Board of l)kctxorc, The Declaration, CeQrtificate of Incorporation and the By- tAws of th+s Association shall be available fm i4WOetioa by arry Masher or first rrrvrrgagee at the prime,Rl Office of the Araociadon. section 5, QW1=M Whenevat'the rnUculine sanguear form of the pronoun is used in th-Ise BY-Laws, it shall be consttued to mean the rnaseuline, feminine or reutar, singular or plural, whonever the context so rewires. In the case of arty conflict 6tween the:Certificate of Incorporation and'these By-Slaw's, the Certificate&hall comrol;and in the cash of any o0ihflict botwcer, the Declarratlon and thesb By-I..a�us, the Deelamtioa shall o0au'01. Seotrort 6. 20yrs &Y. SKOWd any of the roveaxnts, tams or provisions herein imposed ba or becoine u4enforeeable at jaw or in equity, the rc:nainhag provisions of theso BY-Laws,51M 1,nevaMhcless,be and renhaia in full force and affect, ARTICLB XV. f Section 1, c �a? in A t of • Any person a%adc a party to an action by or in the right of th o corporation to procure:a judgment in its favor by reason of the fact that he,his tostator or irftesta40, is or was a Director or officer of the corporation, shsil be Indemnified by this corporation agalnet the re 004bee GxpensOs, including attorneys' fee, actually Rod necessarily incus by him, in CQW00tiort with the dofeue of such aeon, or irl cOnaaction with an appcad therein, except in relation to=utters as to which such Director or corporation under Secrion 717 of the Business Corporation Law and exCcpt with respaot co those amftnts and expenses referred to in Paragraph N of Section 722 of the Busitress CorpomdOn Law. f f (b) } 52�er s rid„mac ,•x=rs� AAy person made 2 party to an anion yr priding oth*t than one by or in the.right of the oorporatieri to pxtsctue a judgment in its favor, whether civil or cumin&,[, brought to impose a liabillty or penalty on such pawn for an act alleged to have b*OA cOmmfttod by Such porton, his testator or intestate, as a Director or officer of the coxpararion, Or of any othiar eotporatiou which he served as such it the request of tire: corporation, shall be indevuMesd-by thIs corporation against ju ftmenti, foxes, &MOO'its paid ih settlement arad reasonable: oxpenses, including auameys'tees, actu413y &`reelessazilY irta[smd as a resrrl!+�f i such action or proceeding, or any appeal oweiti, if such blrector or officer acted in lid faleh,for;&purpose which he reasonably believed to be 3n tlie; beat interest of the t 01poratiort turd, in oriminal actiox* or proccedhigs, in addition, had rib rrasonablo cause to bebieve that hts conduct was unlawful, i . r } I 61?/EM;ased 62!:82 0t02-62-dDS -- ---i--....., 1 The la Qa ioa of any such civil or criminal action, or prooeeding by jvcfgmesrt,settlement,ceayiOdOn or upon plea of nolo contandore,or its cquiva wa,shall not in itself create a prestmi*1031 that any such Director or officer did riot act in good faith far a F purpose wb3ch he reasambly believed to Ie in rhe best,intre=L% of the corporation ar that he had rasonable cause to WievA that his candW was unlawhtL (C). P-MIM4• A persum who hers bean wholly aucces3fut, on the mcrW or f I otlurwsso, in the defense of a civil or criminal acdi a or praceadin,g of die character described in Stctions 722 or 728 of the Business Cgrpomdon lAw shall be endued to indemnification as a i authorized fn said Sections. Excapt as provided in Pamgmph (a) of Secclon 724 of the Stmimu Cori?orradon Law, any lndeMnifjcation under Section 722 or 728 of that law, QDIess ordered by a cQur.tender Section 725 nhereof,•chodi be ma&by the corporation only if authorized in the ' sPO4fic case in,accordance with the provisions of Paragraph(a)of Paid 724. ,�• Cv` lfied to be the Bylaws adopted by ca s=of tho incorporator Df the Nan=Preserve r' homeowners A8soctadfon,Inc.data! �' r 200 . 'f NATURE MWERVE ] HOIvI-nWN32S ASSOCIATION,INC., BY. t _. art D. IC rr, 1nCatporator i 4 � C + I s 6b�6�:aeed 5555�62�°i SSZb�9b9bH 1sgE� F�L� ,�anF�:wo�� 62=80 0L02-6H--dH5 V7/G7/GVlU •,J•1G 044L.7f ."..L✓ .."I..../i - ^""� rr• "' L ASSOCIATION RULES Initial capitalized tens aro defined in Article I of the Dmllamtion. Tho following rules apply to all owners and occupants ofbomos. ARTICLE L Section I. Qcou>a8ncy estrl 5. All izamas are limited to occapartoy a.s•a single favi ly Tmidence as pmvidod for iix the Declpraticm. A single family residence *Iv as a Wngic housekeeping unit, operating on a non-profit, nor,-cot awmisl basis, cooking a'nd eating with a common1114hen and dining arta. U,oit o-Anvers and occupants shall not viols+tc the Mtriatinas on use, oaat'pency and aliCnatiQn of homes set forth in Article_of the Deelafatiort• stolon 2. Va Restrictions. No industry,business,trade or conunercial activities z shall be conductotl, rnainttimed or permitted in any part of a Home, except for home prafessloral pursuits not requiring rogular visits.f1`6sn the public, or Unreasonable levels of mail, shipping, tra h, or storage mqulrembnts. No sign indicating commercial uses may be displayed outside acgy Home. No sight or-window displays shall be maintained or pesrrttittecL No Horne shall be used or rented for, trw-alent,howl or motel purposes. Scat!=3. LeMos. 'Each lease will be in writing filed with tha Board of Directors, and writtcu notices given of coirnmenccmeat and tctxnination of pot susion. FAch . icase will incorporate the tests and restrictions of the Instruments as a pt:rsoral obliption of the tenant. Section 4, Access_ by hoard of Dftiectrns. The Hoard of Dimetofis, or its designated agent, may retain a pass key to all Home fon use in emergency situations only. No home owner may alter any lock, or install a naw 3vck on any door of any horse without providing the. Board of Mi ctors,•or its agent, with A key therefor. At the h6ift ownte option, be or $be, may mquim that the key to be enclosed in a sealed envelope with instx aiQU; that it shall only be used in morgencs`cs with a report to hien, or hor, u to cacti use and tiu Mason themfore. Section S_ Del 1�1g1&_ reside of Hrrm—, Home owners dial l not cause or permit t anything other than M=ins, convflotional dtstperies, and holiday decaradons to be hung, displayed or exposed on the outside of windows without ft prior corns4nt of the Burd of Directors, or such corinmittee established by the Board of Directors having jurisdiction over ouch matter. if any. No home mmar will ba al.lowed.to Mang, drape or otherwise Cdigplay laundry on the exterior of any hornet, or on;the:O*mmorr eleM=ts. Ho3iday decar;ttiobt may i be installed tip to 30 days prior to holiday observance, only on front porches. and must be removed within 10 days after die holiday. Should any damage occur, the. repair shall be. made by the home owner and, if not accornpl4hod-in a drawly manner, by the Association t which shall assess the homy for any cost or expense incurred. 5b�t3tr:a�r� SSL 6Z=�1 59Lfr�9b5ir8 3sgd FSS ,t3nsa=wo a� 69:80 0109-62-99 C'7/L`Jl'LYJLC 17:1 b U7L7 f D I tl`LLJY Wild k,r4111 I LR rr-nac weir•tv ' Stction b. M+gdUair Exterirsrs< No home owner, tenant ar ogler occupant of a 1 hOux' mey chaaga the appearance of any exterlor wall, door, 'window, porch, deck, or any otber cxtcrior surface of aay home,or on tine common eledrmcnts. JSeotion 7. AMR mq4. All homeL owaea, tersarxts, and od=r occupants of it h0mo shall keep and tr aintain the area ih and erouud their home .iat a clean and neat oondition, All pomhes and dt:cks shallalsobe kept clean end free of clatter. Garages may I not be used for starage In a miner whiak does not pecnrit the hoinc owner to park his or her } vehicle in the garage. ARTICLE IL . k THE GQM=N Section 1. 'ons. There shall be no obotruedon of the Comm=Elercmerits, nor!hall anythitts be stored outside of FI'orites, h Secdon 2.J g�er�. Common Elcmtrtts shall be used only for the purpose for which they were flesigned. No 'person shall itaterferes with the proper use by others, or cOMMIt any rruisartcos, vandalism, boisterous or improper behavior on the Ccsrrwion Elements which ihWfCrea with, or limits,the e:a}Qwnent of the Common Elements by othors. Section 3 e C am .No altetations, additions or improvements trthy be made to the Common Slereents. No articles other than holiday deaorat#ons.shall be hung on th' exterior of any Home, or exposed, of { placed.on the outside walls, or doors, of'a Home, or on treses, and no sign, awning, canopy, ah"Mr or antenna shall be affixed to or placed upon,the exterior walls or doers, roof or any part thereof,or exposed from, or in,any wiRdavr. Section 4. SQiicitation. There sha.11 be no solicitation by any person anywhere J wilbin The Preserve for any cause.whatsoever, unlus'invited by the home oumtr, tenant, or other occupant to be saiietted,or specifically authorized by the Board of Diroctors. r Station 5 HM ; , Clirn'birrg of any tr;o or sh;dCt m is pgohlbited. &ecae t6 DifiginI~, No digging. or puliiag up of the sod, ir, permitted,unless WIV-Yablc under Secdon 2.3 hereof. Section 7. +!Sion of��WM. All rhi ldren roust be supervised by =adult. while dxr y art glayi4 in tho Common Sotnents, Their safety is the responsibility of the patrmt or guardian. whether, or nos, they accompany the child. All children must wear helmets w.hik riding bicycles within Tho Preserve. Section 8 his. All residents and guests should stay away from pact { mounted cleotricul tra Mbrmers,if my. a , Se dors 9 gabzmm� Offenders identifitd to We satisfaction of the Board of { 6'niTbc�e;v� ieSSSL6Z�ai 55z��9bSbe 4�qb ��t.7 -�anTy:wa.�,� ��:50 0TQ2-62-d�S 3 Directors as vandals of the CvMmon elatneWs will be dealt with finnly, ate' may be prosaQUted, Personal 4bility will be chforeed agajAut, and oortipanantfon willbe sought ikam,the offebdars,at well as f aAos imposed on thr-home owner,tenant,ax occupant dctmed to be the rmponaible party. Tina imposed will bc.the maximum allowable by law: ARTICLE HL Section l Exterl a 1 140 home owner, tenant, of other occupant of a home may Plato any sun Sween, blind, storm shutter, sarrecrt door, awlAng or clothing, bedding, towols, rugs, or othex similnx-irorne on atAy ho= or limitad common clement, without scouring the written approval of the Board of Dircamrs before Installation. No home Owner, tenant, or other occupant of a homer may cract any exterior lights,signs,or attach any strwturrs,or fixtures to or within tho Common olernents. SwLion 2, l;rlectmnk; Devic . No home owner, teftiat, or other mcupant of a hrrrue may erect, construct, or malntain any wire devices, antennas or other equipment. or structurea,on the exterior of the hams or ozz the Coryton elements,except by uni6 en consent of the Donal of Directors prior to instai3ution. Scot-eon 3. t i SM, No kcroscmc haters =y be used within homes or the 00AUM01%rrietnenis. Sectioaz 4. s cry. Operating a btubacue grill in A garage is prohibited. Sado A 5, &QMM Decks and porches Should not be cluttered with persotnal itum. No toys,bicycles,spOrts equipment and the like may be stored on decks at anytime. Scetiotu ti. g(Usties. SOWite dishes,not to exceed 24 inches in diameter are Pe=itwd to be profeatxonally,inarAlled by lip ownom after submitting a Sstellita Dish Autho ization pours sad r=*jv14.a conf nna.tion letter of raceipt by the: Board of Directors. (See Satellite Dish AwhodWicin Warm attached as Appeadix A.) Home owners will ba hold aoicly reaporasible for any and ail damage to home(s),comrrion and or lizlted corttnnon areas resulting flow the installation, nia-intenanco, use or removal of said satellite, Owner (s) aclmowlcdge that the Board of Directors aball be entitled and authorized to repair any such damage and the Board of Directors shall charge any.axpanses associated with the repair of said dikmW,to the ownear,($),hem*account, Section 7. En en,L Offenders identified to the satisfaction of the Board of Directors as vandals of the hbincs will be dealt withfirmly and may ba prosecuted as vandals. Personal liability will be enforced aplast and compensation will be-aught :From the offenders, as well as fines imposed on the home owner, tenant. or other oampant of ihe hme, Firtes.impomd will be the nuximum allowed by law. ARTICLE IV. O_SURMC 6b��b:aae� SSSSL62��.t S9Lb�9bSb8 �sgd ��c� .+sn��;wo1� 0£:$0 01D�-GZ-d�5 99/29/2010 15:16 8452975555 I tNOY ANI UANI uK r-Hur- 4u 4o frl ' e � , } Section( 1 in agtin 'Nothing shall be dono,vrkgn, which will lncmast the rate of iastu'ar m na any of.the homes, or contents thereof, Wirbotlt the prior consent; of, the Board of blrectors. No horns ownet 491 pepmit Anything to be dvrse, or kept, on the Proputy which will rosult in the oancoaation of insuranoe coverage an any of the hamea, or con"mts thcreof, or whiala would be in Violation of any law, r j s1 �_ Bastian?2, RMIRS29su ta.,,ce. ,Homo owners, tenants and Occupants sh,11 corm>ly with the rules and regulations of aIi spplicabla•fire rating associations and as :+ # ` cvrtt�►incd in any fixa liability i.asuranm policy providing coverage for the Property. section 3,3. $ngrts. Douse by flee, or.an accident affecting the Property',and f the persan(s) in3turct by, or responsible fqr, any damage, fire or accident smut be promptly reported by any persons having knowledga.thcreor, to tile.rncna&irtg agent,or to a 17itcctor_ 1 Soction 4. Oka IDeLen M, SMOke dc(ccV= mtlst be installed And maintained t in e%,t:v Hmne.isl eccorttancc with applicable State of New York building regulations, ARTICLE V, ��i , >ltrN�tQvaL If Suction 1, afa n, AH xo usf must bt dcposfted in ibe, garbage reeeptaclos and placed s+t curb aide For pickup on'tbe desl , gnace,d.day each week. No garbsgc cans or trash barrels shall be placed outside the 1•losn&* at any other time. Recycled refuse ib to be l t scparatcd In accordance with the guidelines( established by the re£urm vendor and plat ea4 at curb side on the deslg ated day far picintp, All refuse containers must rbc returned to the interior of die home on the same day as tile pickup. Socii4aILAZOWW1 MM ChepWcals,or any hazardous waste(e.g,c motor oil, nnt3freezc, paild, etc.), shalt stat be put in any reWe container fpr picimp, or poured downn, any drain; on tha property, All other items (o.g,: appliencca, furniture.etc.)should be taken to the TOWn of Wappinger Reoycling Facility by the home owner, or ><'osident, or, amang=enrs made with a private trash cor.4m cy to pick up game. ARTICLE Vt. Sodion 1, SSMince with-ffic Lawn. All persons will comply witb tate New York State Department of Molar Vehicle Regulations, and. 211 applicable local ordinances, wh i le on The Prescrm Prvpetty. A. Section 2. Al i. Ile speed limit Witt The Pres=c is Mew(15)miles per boor. Speed limit and smp signs xnt 9j be obeyed. When traveling through the C'oi=ov ,. IotMwt CD=url*,drivers shall drive ori The right side of the roadway. Sooda n 3. chicles, No veaiicles of any kilo(other than 1 „ti ntrtomobileo and ttttcks having a carrying capacity of one tori or less, may be parked on arty pw# of the txicriolr of the CO=non EIMcnis. Prohibited are such vehicles as carnpers, t , 6b"25:es Rd 9999462:o1 591bMCISt78 xsgb RjiD janTN:woad 02:80 OTW-62-625 trailers, lsr�lts, vsbie3es with 'mom than foar wheeis, trucks over 005 toss, any off-road v6bi4e, and/or any comn=vial plated vebiele, Such vehicles may, however, be kept in } gavages with the door olosod provided that you do not rcguire any additional parking spaces, E $Vmiorz 4. NO AM Na Vehiclt s may be parked in any area other than designated parklb& .acrd parked iu such'$ numm as to block access to fire hydrants, sidewalks, pedestrian crs*tlft areas, dcOgnated fire lanes; oretnorgettey aczCSs ways, or to restrict clrer two lane passage by v bicl4,s, roar shall they be parked in arty other Rome's assigned pUk'ng spac,�(tt}. Vchicic$ in•Ylolatiort will be towed aftr rt;amonablo d1brta to COntAM the Ownex have been made. 11A addition, u 7\' enty Five($25.003 Dollars per day flno ntay be levied ag$.ingt tho home owner, giant cAr,occupant to whom th&vehicle is registered for the period that the vehicle violates these rules following Notice and Hoaxing. Sa tion 3, ?.M111WM. V_gh wo. Vehielps that display, a trademark,business lege, for salt sign, or any Advertising. nmst*age shall not, pork ovarnigitt on any of the Oomman Elect mts, except those vehicles wxxich are- temporarily ort the Property for the purpose oi`servltzg the Property itself,Of 6M. of the Homes themon, Section 6. iacc�pd_l�ehfclss. Unreglstcrcd vehicles parked on rho Common Elements ,for more than twMty four (24) hours must he removed from the Property until legally registered, operating utvasgiscemd veXucics including mopeds, off road vehicles and motor bikcm an the roadways, or on the Common Elements of The Preserve, is prohibited. Unregiistet'ed vehwe&will ba tagged by the McMagement agent or the police department and than towed at the ownces exp¢nser. Section 7, VehiPje CbMj&rs, Lail vehicles on the roadways within Ttic Preserve mast bt< operated by l3c=.Rt:d' drivers. Persons with lesming pormits are not considered licensed drivers. Setfc�nr$. j $ , fio major,:or time Con9uming,valitcla repairs me permitted. i Billion ii, Vi6tQ4 FiLrking.Thc�e am two(2)parking spaoes for each home which ured arefrefean intedar garage surd the driveway to said ga�rrtge. Tboso parking spaces aro elto as your"primary parklag" spaces. Visitor pnrkirig spaces Gari b.c used by a visitor. a hntuc owner fpr up to seventy.two(72)hours at5nsrctazively whrm the hosrmc owner's two C2}ptimarY parking spots are occupied. 3trction 10, t ' EArkifil. The use of the visitor parking areas and/or arty roadway as additional puking space is prohibited. All parking reguiatiuns will be strictly enforced. one waming will be issued following by a fine, or towing,or boot. The Board of bireators has the right to rrntave vchlales with no prior notice for emergency purposes. Section l r , Only two (2) registered motor vch3ales per Home are normally allowed to be parked on The Prwerve Property. However, three(3) registcred verities per Horne ark the mttximttm allowed trotter any toodition, 63r�bbsagod S9SS46a:Q1 S9Lt£9St�8 zsq� F ?� aant�:wer� T� 80 0S0�-SZ-e�S b"�l 1'�l 1dI►� 17:!b u4b2li 15575 I tNVY ANU I.:AN t UK tilt= H141-ID iI•Y 1f • • .r'. � 4 . 1 r The Declarant may malts rise ol;1he unsold Horses and Common I?latnents es may IIfY, facilitate carrtplerion and sale of The Preserve inciuding, but nor 111nited to, the rneiAtenance i of sairs offlees, tJic';flowing of the'C0n1h)0n M*'1n0W=d unsold ROMC4, w1d the display of sigrt<n. Entomee into consrructfart, ar Daclarant`s restricted, areas will only be permlttod when accompaniod by a r"Mtativc of tbo Declaagnt. f = ARTICLE Vin, TRA . j� Section, I, Consent in W nx. Any consent or approvd required by these Rult.i must be obtained in writing at iney be revoked at arry time by resolution of the Board of Directors, subject to Notica,and Comment, or Notice and Hearing at the option Of tht BCnrd of Direomm. i Scctiatr 2. ZPMP19=. Any formal cvmplairtt regarding the management of the Pro)ycrty,or the actions of outer borne owners, tenants,Of residents she be mads in writing ;l to the Board of Directors,or to an appropriate committee thereof. Section 3. $entiZ, Horne ovvr►ers renting their homes are m1ponsible to pass on TO their tMants tha Rubs,, r+eguIations, important inftstitYation, and Association + cotrespondenm HdMO Mncrs art rb5LponsiblG for all fine.:levied against their home(;). i Sectio;~4. 'a c ..-Tag salts and garage sales are not permitted without the prior Witten cMtcn1 of the Board of Vrwtom fleets;address any such written request to j I the Board of Directors at least olte uzontli prior to Cho scheduled We. 1, Section 5. mammon Exereses. GOmmon Erponses are due on the first ofeaob month, Payments received after the textth of the month will be subject to a late charge of �j Twenty Five($25.00)Dollars ger rhontIL ARTICLE IX. EM Secdon 1. kl2usshgld Pets. Each home owns inty keep one(1)dog which shall F not act ire a w,ay which Mat= o nuisance for other homo owners, or tenants. Each home owner xray Sao k0cp one(l) cat or, it they have no dog,two(2)cats, Subject to the other praY£sions of this rule, owners may also keep caged birds aced tropical fish. Ctberwise, no 1}+ animals, birds, or reptiles of Aay kind, will be raised,bred, or kept within The Preserve, or brtmught on to the Common Eliemmts, t nIm approved in writing by the Board of Aitectlars, or the Mmager of the Community. Pets rztay not be kept, bred or maintained for any coYm ezvlal putposes. Any-pet causing or etnading a nuisance,or umeasarable disturbance, or::Disc,will be perm4nem,tly zetmoved from the Property tin tie(3) days'written Nodoo arc! Hkarirng 1fzoza the Board of Directors. Fogs ire tot pot wiled in any portion of the Common,Elements unless carried or on a1wh; no dop will be curbed In any courtyard or cIose tv any patio, excein iri the street, or spacial areas designated by the Hoard of VGmctors• t , 6��Sb:aee�; SS5rSL6Z��l S9�b�9bSb6 7s9a as s' pan:a;wa�� S£�S6 OZ[]2-6Z-c�5 y7I L7/LUlU 1:J.10 OY:JL7 f J:J�� I CI 41)T h1141J k..HI`I I LJM t<Nl7G 4�/40 HOMO Owners are required W prOmPtly pick up and remove all pat.droppings, The haraa Owner will oompemsatc any person hturt Or.bitten by apy dog, and Ibe. home owner will hold the Association harzttless from any claim r%ulttng fmm any action of his pet whatsoever. 5"ing cya; doge will he permitted for those petaons holding Certificates of blind6m and necessity(20f204 in the better eye with correction),as well as hearing ear dogs. Secrion 2, ReP li>s Pet owner shall be responcabre far the repgif and/or Additional maintenance aqukrd because:of damage caused by their pats to lawns, shrubs, trees,etc, Section 3, - . 'All pets must be hand leashed, Petg axe ntvcr to be tied up outgidt unaucaded,or left to ter On their owm ft-tion 4, PctN Pct_____ulm , Fets shall nOC cause or create a nuisance,ttraeasonable ` IMIS of noise,or a disturbance. ltopeat�d complaints from seuorai holm owitars located in Homes, adjoining andlor adjacent to tbz pct's location, shall constitute tiareasonable behavior. Section 5. lC oln Ue. - All pot owners or attendants, are responsible to imrnediaccly pick up ager their pct and pr operly dispose of tic waste. A RTICLX,,XC. A Seaton 1. AllagMgg. No noxious,offensive,dangerou s or unsAfet activity shall be carried On is any dome, or the common Elements, nor shall anything be done dwein eitim wiVully or negligently, which may be, or become, an,armoyaam or Aulsallce, to other home owners tthants or ocaugants. No horn owner. tenant or occupant, sial] malt%, or pcfmit to be retic, any disturbing noises by him or herself, their children,his or hCr servants, emplo,yecs, agents, visitors,liaatasaes and pats,nor do or permit such ptrsons to do ctttyttsing tha4 will laterfere with the Frights, comforts or convanienoo of other home Own=, tc"an%s. or occupants. All home. awners, tenants and otlssr occupants shall exerciso extreme entre not to mala noise, including ao=obile related noise, or the use of musical insuuments, radlos, television, and smplillers that may tend to disturb othrr occupants of The Preserve. Section 2, No offeuive, or unlawful, use may be made Of the ,Property. Hgmr- owners aball cbmgly with and corm to all applicable laws ana regulations of the United States and the Stare of New York, as well as all ordina=cs, rutec = , and reguiationx of the,Town of Wappinger. Any violating home owner shall indemnify and hold the Association anAther hauls owners ltUrrrlcss from all finw penalties, sand the cost of prosouut ion for the violation,orapncori pllanGC herewith, fI ' r 1 6b�9i,:as�d SSSSZ62 fl1 29Lb£9179bB Isgtj aIIo Jan?d:woad TF-:Be 0IO2-62-d36 Section 3, tion Home own=shall �l indwrtnify and bold the Association sad'othac home owners, ha mlem for their actions, gs well as those of their twahts,.suests, iervants,•empioyera, agents, invitees, liernseM, art, children tmd pets. #� Section Ak Emiovees.of the 11+I enc l} aag1�9 Ago, No home owner shall utilize the tservices of any ernploy*e Of the Managrr, or atty contractors which they may employ, for ` !i any private business of the home owner,riot shall they be used for the indlvidual bauefat of r �t any home owner,unless is tht ptutsu.iI of the mutual benefit of all home owners, or pursasnt to ttae provision of special sorviw for a fcc to be VAid to the Assodation after writ;eat 1{ content is obtained fmm the Board of Directors. " Berrien 5. Y_Mr 1Vsane. No home olwraer shall allow that unreasonable,or t eatrnssive use,of water agpliod to oo&hpme, and alarrhl conserve wator by the use of woteT- saving devices for all pluznbing fxturw to the extant that sua devices arc oommemiaily k+ ' aavallabla, The home owner agrees to inde=ify and hold the Association harmless from exaaadive use of .eater supplied to bis or her borne. Na homa owner SIM11 atllaw the ttttt0asOn4b1e, or 6Xcessivc, ttse of water provided by Interior plumbing ffxturea outside of any home,or on the conunan elements. Section S. Alternate 1182ute 11esolUdo . Vic Board of Directors requires that dlalMtcs beaw=n the Boars of Directors and any b6mer owner•, 07BrR.THAN DISPUTES WrM RESFBC'T TO NON-PAYMENT,OF COMMON EXPENSE ASSESSMENTS, or botwcen any two,rG garrding any aspect Of the community,must ba aubmittpd to Hatt-binding altemative dispute tesoluai,orr in accordanc;t with this regrtlatlora as a pmrquislratc ( commenaerament of a judicial ptocteding. k Thu procedures to be used are as follows:' Fiat, any person who intends to or is required to use the,procedures of this regulation (the "Appbcano must notify lhi; Associahion and any other person involved in the dispute, in i r whiting, that the Appliraut is casing the dispute rc�solutson procedures of the Net= I'nerve '�aTracpWnGrS AssOaiation,;�rac.'s Mules. + l The notice should also contain a concise statemcuat of the subject of the dispute. So ond, the president of the Board of Directors,or the president`s designate, tins either case, tht "Association's lZcpresentative") issues[ promptly rraeet with the Applicant. U the f ' A►IplieanCs dispatt is wttla alae Association, or tha presid=4 rho Assxlmtlt 0's R"antarive sh-jrld be,if practical,to Ditwtor.property manager,or other home owner who it not direly in'MIW4 In the subject utter of•the dispute. If the dispute is not with the Associatiou, thct A-MC10does ReprUentative, sboutd also ask to mss wib the other partle; to the dispute, either with the Applic=t, or saparmty 6b�Lts:�evd 5S5�6Z�pl 59�b£9'b5b8 �s�d ���� J+nib;tue.l� �^�:8m 0Z0Z�6C'ti35 ThErd, at The first rrrerring, and at any subsdgWntMetings which all tho parties feel tnay be- helpful, tbe. Applicant, the Arse cistion,s Rapxe =tative,and =y oth=parties to rho disputo May Fust sack to 21448rtarily (if not krdctbly} resolve the r wac, withrnrt say fiut}ter procccdinus, Fourth, if a satisfactory xesoltitson tender the third step is not feasible, the Association's ReprWentative should seek to identify_aa additional procedure for resolutiort of the dispute: T126 Procedure, should be, if possible, one that is ml tually satisfactory to all pardea to the diapute. However, at a mirfiruUM, the Assocftdo 's Represcntat.ive rimy squire, ira the sole disraetiarp of the AssociatRatt'�a Rep sentative. that tine A.pplicarit and the other panim to the dispute psrtiCipate to e:ieher, but not both, of the follOwiUg procedures, before any lawsuit MY be.Shad: (F) iitdi�+idual :�Ai,�r;� Tip Associxti[m's Reprosentative may remin, at the L Association's zxpernsc (if any CXpcnses are inamrd), an individual or organization who either tw-a v01tMC= or C=pansated basfs, is willing and �Lblc to serve as a nautmi third party to attaMpt to mediate.the dispute. Unless the parties to the dispute agrees qn the identity of the tnediator, the mediator should be a per"n:whO is ttaithcr a harne owner nor the property manager at (lij t In= Alternatively, the Armociation's Rept"eatative may Choose panel mediation, hs that cases. the-Applicant should pick a mediator of his tho0sing, and tete A$soCiazion's Rt prtSerttativc(if the Association is the paM to tete dxaputo) or, rathetwise, the other party, or pardwk, to the dispute, shall thawselves caoh select theta own mediator,and those medlatora shall attempt to select err additional mediator, The costs of pard mediation shall be paid in equal ;hares by the parties to the mediation, ry long as the cost of th'fust MOCting to any one party does not exceed One Hundred(u 00.00) • bollaRs. pifth, rtPtdless Of the form or rolidiatlon scleet4 dm first madi@tion meeting under tete fotutit step should occur no latah than fifteen (15) calendar days after the mooing which occurs as mutt of the third step, Leith=the Applicant nor any other party shall ba requjmA tb attend snort than otic meatin$with the nLediator(s), The mediators Saleeted should try at;d use ail roa;sonable afflortsto resolve the dispute by vgiuntary moans, i n4uding any addttionai laeotings which ares uoacptable to the partim, 6b�8b=aB'�d SZ9462 al A310 8E:80 6192^5 -des Ph"11 r, if Ehe dispute oamot be.resolved ajidcr the fpregoing procedures,the Applicant sha11 be free to 1»rsue arly Iegal r cQurse available. Certified to be the.Rules adopted by tha 80ard of Di.roctors on its date of Orgsairstion, NatureipmSei ve momeownem Association,Inc, K D.K clzncx, i eat f Sb�Sb:aepb SSSSL62:o.L S9Zb�9bSb8 ��qb R�?� .+ant�:uro.�� 2.��80 0i0�-6�-d�5 TRAIL RIGHT-OF-WAY EASEMENT THIS EASEMENT is made and entered into this_j,�j_day of June, 2008, by and between NATURE PRESERVE, LLC, a New York limited liability company having a place of business at 2446 Route 9D, Wappingers Falls, NY 12590, hereinafter referred to as the "Grantor", and the TOWN OF WAPPINGER, a Town incorporated under New York State Law, with a place of business at 20 Middlebush Road, Wappingers Falls, NY 12590, hereinafter referred to as the "Grantee". RECITALS: WHEREAS,Grantor is the owner in fee of certain real property consisting of approximately 47.9 acres in the Town of Wappinger,Dutchess County,State of New York("the Premises"),known at the time of this grant as Tax Parcel #s 6157-01-240641 and 6157-01-288662, and more particularly described in deeds from The Camillo Irrevocable Trust to Nature Preserve, LLC dated August 10, 2005 and filed in the Office of the Dutchess County.Clerk on August 26, 2005 as Document#02-2005-7607 and in a deed from Rita A. Brannen, as Successor Adminstratrix of the Estate of Margaret Capolino to Nature Preserve, LLC dated September 29, 2005 and filed in the office of the Dutchess County Clerk on October 11, 2005, as Document#02-2005-9076; and WHEREAS, Grantee is a Town incorporated under the New York State Law; and WHEREAS, Grantee is a member of the Wappingers Greenway Committee, an inter- municipal coordinating committee established for the purpose of developing the Wappingers Greenway Trail with representation from the Town of Wappinger, the Town of Poughkeepsie, Putnam-Highlands Audubon Society.Scenic Hudson,Hudson River Valley Greenway,and Dutchess County; and WHEREAS,Grantor desires to grant to Grantee,and Grantee desires to accept,an Easement across a certain portion of the Premises, which is coincident with a S ewer Line Easement previously granted to the Town of Wappinger, and said portion of the Premises more particularly described in the metes and bounds description and in the subdivision map entitled"Sewer Line Easement",which description is annexed hereto as "Schedule A" and made a part hereof, in order to create part of the Wappingers Greenway Trail ("the Trail") for public access across the Premises; and WHEREAS, the Trail is intended to provide Grantee, The Town of Wappinger, residents of the Town of Wappinger, residents of the Town of Poughkeepsie, residents of the Town of Wappinger,Putnam Highlands Audubon Society,Scenic Hudson,Dutchess County,and the general public with physical and visual access to the economic, cultural, scenic, historic and natural resources of the Hudson River Valley,and also to enhance local and regional hiking and recreational opportunities through enjoyment of the Wappingers Greenway Trail as part of the Hudson River Valley Greenway Trail System. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants herein set forth, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants, transfers and conveys to Grantee, for the benefit of the Grantee, Wappingers Greenway Committee, and the public, a non-exclusive easement and right-of-way(the"Easement") over a portion of the Grantor's Premises as described in"Schedule A"annexed hereto and made a parthereof,("Trail Easement Area"),subject to any and all covenants, restrictions, easements, rights-of-way, agreements and conditions of record and any existing structures, utility installations, or improvements in said Trail Easement Area, for ingress, egress, and access by the Grantee and the public. It is agreed by the Grantee that the Trail will be located within the Trail Easement Area only and shall not infringe upon any lands of the Grantor outside the Trail Easement Area. It is further agreed by and between the Grantor and the Grantee that the Trail is not intended to consume the entire portion of the Trail Easement Area, but that the Trail will traverse through the Trail Easement Area as determined by the Grantee and the Trail will not exceed a maximum width of eight (8) feet at any point. The specific proposed location of the Trail within the li'rail .Easement Area shall be submitted by the Grantee to the Grantor and shall require the consent of the Grantor. Nothing contained in this Trail Right-of-Way Easement shall be construed to prohibit the placement of underground or overhead utilities within the Trail Easement Area,and shall be subject to those easements for Sewer Trunk Line previously granted to the Town of Wappin.ger by Grant of Easements recorded in the Dutchess County Clerk's Office at Deed Liber 1916,Page 18, and Liber 1916, Page 19. 2. Purposes Conditions, Restrictions, Reserved Rights. (A) The Easement is established for the sole purpose of non-motorized, recreational through-access for pedestr m users of the Wappingers Greenway Trail for quiet,passive recreational trail purposes by the general public including, but not limited to, such activities as hiking,walking,jogging,running,cross-country skiing,bird watching,and snowshoeing. Permitted uses shall not include,without limitation,swimming,hunting,trapping,fishing,motorized vehicles, bicycles, skateboarding, rollerblading, picnicking, cooking and camping. Grantee shall have the right to regulate or restrict uses including,but not limited to, those specific uses listed above, which Grantee determines to be unsafe or otherwise detrimental to the continued use, vitality, or condition of the Trail or the Trail Easement Area, or which the Grantor determines to be unsafe or detrimental to the Grantor's Premises or activities or operations thereon. Additionally, the Grantor shall have the right at any time to restrict the permitted uses of the Trail over the Trail Easement Area to only the activities of hiking, walking, jogging, running, cross-country skiing, bird watching, and snowshoeing,upon thirty(30)days'written notice to the Grantee,and the Grantee hereby agrees that in such event, Grantee will take all actions necessary to post signs and to advise users of the Trail of such restrictions and to enforce such restrictions_ (B) It is hereby agreed by the Grantee that upon its determination of the location of the Trail through the Trail Easement Area and opening of the Trail to the public,the Grantor shall have the option of filing with the Dutchess County Clerk an amended Trail Right-of-Way Easement amending the Trail Easement Area to an eight-feet wide easement encompassing the Trail as established by the Grantee under this Easement Agreement. The Grantee hereby agrees that in the event the Grantor gives written notice to the Grantee of Grantor's election to file an amended Trail Right-of-Way Easement as herein set forth, Grantee shall, at Grantee's sole cost and expense, have prepared a survey map and metes and bounds description by a New York State licensed survey accurately depicting the eight-feet wide easement area within which the Trail has been established and furnish the same to the Grantor for review. Upon Grantor's approval of the survey map and metes and bounds description, Grantor shall have prepared an Amended Trail Right-of-Way Easement amending this grant of easement so as to grant an easement over the eight-feet wide area within which the Trail has been established. The Grantor and Grantee hereby agree that upon satisfactory review of the Amended Trail Right-of-Way Easement by the Grantee, both parties will execute said Amended Trail Right-of-Way Easement in proper form for recording and the same shall be recorded in the Office of the Dutchess County Clerk at the expense of the Grantee and shall thenceforth supersede this Easement Agreement. (C) No structures of any kind shall be erected, constructed, placed, or installed within the Trail Easement Area without the written consent of both parties,excepting,'however,that nothing contained in this Trail Right-of-Way Easement shall be construed to prohibit the placement, or the replacement or repair, of underground or overhead utilities, or the replacement or repair of structures existing at the time of this grant of easement, within the Trail Easement Area, at the Grantor's option. The Grantor shall have no obligation whatsoever to grant consent to the Grantee's construction of any structures within the Trail Easement Area. (D) Grantor reserves the right for itself and its successors and assigns to conduct all usual and customary activities on, over, or across the Trail Easement Area, provided that public access is maintained and no structures are placed in the Trail Easement Areas, except as otherwise provided in this Trail Right-of-Way Easement. 3. Term. This Easement shall be effective on the date of filing of this fully-executed Easement in the Office of the Dutchess County Clerk and shall be perpetual in duration, except as otherwise provided herein. 4. Reliance upon State Law. The Grantor and the Grantee agree that in creating this E=asement for public access each part is specifically relying on the protection against liability contained in Section 9-103 of the New York General Obligations Law, and that for such purposes both the Grantor and the Grantee shall be deemed "occupants" of the Trail Easement Area as designated in this Easement, in addition to the Grantor and its successors and assigns being the owner of the Premises or having such other status provided in Section 9-103 of the General Obligations Law. The parties agree that in the event of any repeal or amendment of Section 9-103 of the General Obligations Law which diminishes its protective effect of the Grantor, it successors or assigns, with respect to liability for- the use of the Trail Easement Area, the Grantor, or its successor in interest, shall have the option of extinguishing this Easemeizt upon written notice to the Grantee, or its successor in interest. In the event the Grantor, or its successor in interest, shall elect to extinguish this Easement as herein provided, the Grantee, or its successor in interest, shall cooperate with the Grantor, or its successor in interest, in executing any necessary documentation in proper form for recording in the Dutchess County Clerk's Office to extinguish this Easement, and the Grantee shall effect recording in the land records of the Dutch.ess County Clerk at Grantee's expense. The Grantee or its successor in interest shall take all steps necessary to terminate and prevent use of the Trail or the Trail Easement Area within thirty (30) days of Grantor, or its successor in interest,mailing or personally delivering written notice of its election to extinguish this Easement,during which thirty(30)day period the Grantee,or its successor in interest,shall continue to maintain all insurance coverage of the Grantor, or its successor in interest, as provided in this Easement Agreement. 5. Construction and Maintenance. When the Trail shall be opened for public use, the following shall apply: (A) Grantee, in cooperation with the Wappingers Greenway Committee, shall at all times be responsible for performing routine and periodic maintenance of the Trail and Trail Easement Area consistent with generally accepted standards for similar unpaved public recreational trails, at Grantee's sole cost and expense. (B) The Trail Easement Area and Trail shall be kept in a substantially natural state as the same currently exists, with only those improvements, alterations, and trail markings needed to.provide a safe and inviting path for the public,it being specifically understood and agreed that the Trail will not be paved. (C) Grantee's regulations for the use of the Trail and Trail Easement Area will prohibit motorized vehicles, swimming, bicycles, camping, cooking, hunting, fishing, trapping, skateboarding, rollerblading, and picnicking, as well as such other activities which the Grantee determines to be unsafe or otherwise detrimental to the continued use, vitality, or condition of the Trail or the Trail Easement Area, and which the Grantor determines to be unsafe or detrimental to the Grantor's Premises or activities or operations conducted thereon. (D) Grantee, its successor or assignee, in its sole discretion, shall have the right to suspend public use of the Trail from. time to time for maintenance purposes or safety reasons. (E) This Easement does not convey any right for the general public or the Grantee to establish or use parking spaces on the Premises in order to access the Trail or for any purpose. whatsoever. (F) Grantee shall construct and at all times maintain the Trail in a safe and clean condition, shall at all times maintain the Trail in accordance with and consistent with all provisions of this Easement, and shall enforce the rules and regulations for the Trail which it issues pursuant to Section 5(C) above and as consistent with all other provisions of this Easement. (G) Grantee agrees that it will not take any action or perform any activities on the Trail Easement Area,nor will Grantee permit the same by any user of the Trail,which would restrict, interfere with,obstruct,or prevent the use of the Trail Easement Area by anyone having pre-existing rights to such use. 6. Assignment of Duties; ]failure to Perform Upon written notice by the Grantee to the Grantor given by Certified Mail,Return Receipt Requested,Grantee shall have the right to assign its responsibilities for management,maintenance, insurance, and other duties under this Easement Agreement to an agency of government or to a qualified not-for-profit entity, as the Grantee may determine, in its sole discretion, or to another person, association, or organization acceptable to Grantor. The person(s) or entity accepting such an assignment shall be deemed to have assumed all of the Grantee's duties and obligations set forth in this Easement Agreement throughout the period that such assignment remains in effect", however, such assignment shall not relieve the Grantee of its duties and obligations set forth in this Easement Agreement in the event of the assignee's failure. to comply. In the event the Grantee, or any assignee or successor in interest of the Grantee, shall fail to timely perform any of the obligations of the Grantee as set forth in this Easement Agreement, the Grantor, or its successor in interest, shall give written notice to the Grantee, and its successor in interest,of such failure. Upon such notice being given,the Grantee,or its successor in interest,shall immediately cure such failure so as to comply with the Grantee's duties and obligations set forth in this Easement Agreement. In the event of failure of the Grantee,its successor or assignee,to provide proof of insurance as set forth herein, or in the event of the existence of a dangerous condition or safety hazard with respect to any part of the Trail Easement Area which may come to the attention of the Grantor, or its successor in interest, the Grantee, its successors and assigns, shall have the obligation to take all steps necessary to immediately suspend public access to and use of the Trail and any part of the Trail Easement Area until such failure is remedied, and/or such dangerous condition or safety hazard is remedied. Nothing contained in this Easement Agreement or in this paragraph shall be construed to impose upon the Grantor or its successor any obligation whatsoever to monitor the condition of the Trail or the Trail Easement Area at any time or to discover any unsafe or hazardous condition. 7. Insurance and Liabilit L. Grantee agrees to maintain, at all times during which the Trail Easement Area is open for public use, and at Grantee's sole cost and expense, a standard policy of general commercial liability insurance with respect to the entire Trail Easement Area,said policy presently to have a coverage limit not Iess than $2,000,000.00 and which coverage amount shall be upwardly adjusted upon request of the Grantor, not more frequently than every five years. Grantee shall at all times cause Grantor, its heirs, successors, and/or assigns, to be named as an additional insured on said policy of insurance for any liability arising from use of or acts or omissions with respect to the Trail Easement Area. The Grantee agrees to furnish to the Grantor, its successors or assigns; a certificate of insurance evidencing the coverage herein provided prior to opening the frail to public use and in advance of each renewal period during which the Trail shall be open to the public. In the event the Grantee, its successors or assigns,shall elect to close the Trail for any purpose whatsoever, whether temporarily or permanently, the Grantee shall notify the Grantor, its successors or assigns, in writing, in advance of such close of the Trail. It is hereby agreed by and between the parties that the Grantee will indemnify the Grantor, its successors and assigns, for any and all liability, damages, costs, expenses, and reasonable attorn-ys fees which the Grantor or its successors and assigns may incur by reason of this grant of Easement and use of the Trail Easement Area of the Trail. 8. Amendment Variance and Waiver. This Agreement may only be amended by written instrument executed by the Grantor and the Grantee, or such parties' successors in interest, recorded in the Office of the Clerk of the County of Dutchess. 9. Enforcement. The parties may enforce this Easement Agreement in law or in equity, against any or all persons or entities responsible for any violation hereof. Failure to enforce any provision herein contained shall in no event be deemed a waiver of a right to do so thereafter as to the same violation or breach or as to any violation occurring prior or subsequent thereto. 10. Easement Runs with the Land; Bindiniz Effect on Successors and Assi ns. Except as hereinafter set forth, this Easement shall run with title to the servient tenement in perpetuity and shall bind and be enforceable by and against the parties,their successors and assigns. As used in this Easement Agreement, the term "Grantor" shall include the original Grantor and its successors and assigns;the term"Grantee" shall include the original Grantee and its successors and assigns.. 11. Abandonment. In the event the Grantee, its successors or assigns, shall at any time abandon or discontinue the use of the'frail by the public as a part of the Wappingers Greenway Trail for a period in excess of one (I) year, in such event, the Grantee, its successors or assigns, shall be deemed to have abandoned the Easement granted herein and this Easement, and all rights and obligations created herein, shall be deemed terminated and extinguished. 12. Governing Law. This Trail Right-of-Way Easement shall be governed by and construed in accordance with the Laws of the State of New York. 13. Construction of Easement Agreement. The parties agree that this Easement Agreement has resulted from negotiations between the Grantor and Grantee in consultation with their respective counsel, and, accordingly, any ambiguities which may be found to exist shall not be interpreted in favor of or against either party. IN WITNESS WHEREOF,the parties hereto have executed this Trail Easement as of the date set forth above. NATURE PRE -'LLC, Gra r , BY. KURT D. K HNER, Member OF W._!XPPLVER, Grantee k A BY: CHRISTOPHER CO' SEY, Town Supervisor STATE OF NEW YORK ) )SS: COUNTY OF DUB CHESS ) . c,z On the -' 'clay of_TttnC-. 7C1C1R hafnrp M,- the =undersigned •^ y Y r ': aAld li7r 5aru JiaLG, -- [4 11V LCll UV15C. 111 personally appeared KURT D. KUEIINER, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is(are) 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(s), or the person upon behalf of which the individual(s) acted, executed the instrument. 3 NOT4 P IC J IF. JQEL D, MANIG STATE OF NEW YORK ) ' Y NOTARY PUBLIC, Stag of New York Quallted in D6tchess Co.,too-02HA4519A Z . )SS: Commissioo.Fxplres November 30,20 COUNTY OF DUTCHESS ) '4 On the/$ day o2008, before me, the undersigned, a notary public in and for said state, personally appeared CHRISTOPHER COLSEY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is(are) 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(s), or the person upon behalf of which the individual(s) acted, executed the instrument. p , NOTARY PUBLIC AtRF,RT p n�*rp7S N Tat rl!� 11., RECORD QtE ir;r i, York AND RETURN TO: ALBERT P. ROBERTS,ESQ. _ J VERGILIS, STENGER ROBERTS &. DAVIS, LLP 1136 Route 9 Wappingers Falls, NY 12590 r •y SCHEDULE n 1 of 4 clS`. i L G. a 61 T3v L�nY��I3svn{ S�PyMt NG �. 4.198;_ acre x'ax'ce_1 Tai,*n or Wa-p anger To The To;:•n of �ya.ppinger on uutc�,ess County, Ty 'x dark Behalf e? The k appir er [1 surer Trail missi.01;):-pa-t;nc,t xm'urovemert Area Beginpi.rg at a point, said pointe J)eing distant, &nuth 43° 36' 40" L�%St �. 2oe.31 feet, South 22° OG' 40" Fast 109.71 fent, South 4311 36' 40" EELSt 265.00 feet and South 040 57' Ob" Sjest 180.00 reef from the northerl.V corner of Parcel r,p" as shawl on a map entitled, "Subdivision Plat + prepared for Margaret Capolino" on file in tie D11tches5 county Cler};'s "! Office a5 File Hap No. 9145, said point of taec�izning being on the westerly line of other lands of said Capoliao tParcel 'fB" - Tale Hap No. 9145} ; thence leaving said point of beginning and running along the westerly ling cf sai.d Capol.;ro (Paxcel "B" - File Map "No. 9145), South 2V 491 30" 'East &9.28 feet; thence leaving said westerly lines of Capolino (Parcel 1113" file hap 1,10- 9145) acid running through 1a,sds o� capolino (Parcel. "A'! life MaP tic. 9145) , South 03° 16s " h 000" S'lest 1.47,63 feet and South 680 10' 40" East 72.86 feet to a point being on the aforementioned vesterly line of lands of Capalino (Parcel °8" -File Z.fap pia, 9145) ; thence running along said westerly lot line, South 183 49' 30" Fast 39.54 feet; thenoe i.eavii,g said wes arly lot line and zh rr unnzr�g througi�.said ?ands of capol.ino (Parcel �rn - File Yap tia• .9145) the following courses and distances: ?Zort[� 68° 1f31 46" gest 120.21 feet, Rorth 03° to' GW' East ?94.73 feet amid north 09° 11' 10 East 36.27 feet to tre paint of beginning cantainincY 0.1.96± acres of lance. Y Paggi- 6. Martin Revised Of-jne_ 3, 1992 89 077 E VERGILIS, STENGER, ROBERTS & DAVIS, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 OF COUNSEL: GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 LOUIS J.VIGLOTTI KENNETH M.STENGER KAREN MacNISH ALBERT P.ROBERTS (845 298-2000 THOMAS R.DAVIS � LEGAL ASSISTANTS: THO F. R.DAVIS F.AX(845)298-2842 AMY E.DECARLO JOAwww.vsrp.coni MARIA L.JONES KEVIN T.McDERMOTT SANDRA A.OAKLEY ANGEL I.FALC6N e-mail:info�vsrp.corn CLOSING COORDI1tiATdR: ANTHONY M.DE AZJ0*** SUSAN E.CAFFINE JAMES P.HORAN*** LISA M.COBB POUGHKEEPSIE OFFICE *ADMITTED TO PRACTICE 276 MAIN MALL IN NY&FLA. POUGHKEEPSIE.NY 12601 **ADMC1"i ED 10 PRACI ICE (845)452-1046 IN NY&CONN. �•*ADMITTED TO PRACTICE NEWBURGH OFFICE IN NY&NJ 299 N.PLANK ROAD,SUITE 106 NEWBURGH,NY 12550 (845)567-3783 September 18, 2008 Tatiana A. Lukianoff, Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls,New York 12590 Barbara Roberti, Planning Board Secretary Town of Wappinger 20 Middlebush Road Wappingers Falls,New York 12590 Re: The Preserve File No. 12949.0389 Dear Tatiana and Barbara: I am enclosing herewith original Trail Right-of-Way Easement originally dated June 12, 2008,together with accompanying TP-584 and original Declaration of Restrictions for Wetlands Protection also executed June 12, 2008, together with accompanying TP-584. I hereby approve these documents as to form. Also, be advised that they have been approved as to form by both David Stolman, the Town's Planner, and Robert Gray,the Town's Engineer. These documents are to be recorded simultaneously with the filing of the original Plat. I presume the applicant's engineer will attend to the recording. Please make sure the filed map number is inserted on the Declaration of Restrictions where required. 0.1WappingerlPlanningBoardlPreserve1091808 approval letter to Lukianoff&Roberti dor Page 2 It is my understanding that Dave Stolman has requested that certain notes be placed on the map and that the applicant's engineer, Mark Day, has made the revisions. Please do not have the Chairman of the Planning Board sign the revised maps until you receive approval from Dave Stolman. . I am also enclosing a photocopy of the revised Performance Agreement. The original of this document is to be signed, notarized and delivered to you and attached to the S11 nnn 0n n ..d i ,vvv, v �rvu . Very truly yours, VERGILIS, STENGER, ROBERTS & DAVIS, LLP AL RT P. ROBERTS APR/so cc: Robert J. Gray, P.E. David Stolman,AICP Town Board File Joel Hanig, Esq. 0:iWappinger\PlanningBoardTreservei091808 approval letter to Lukianoff&Roberti.doc TP-584(3107) New York State Departmem of Taxation and Finance Combined Real Estate Pecordingofflce lime stamp Transfer Tax Return, Credit Line Mortgage Certificate,and Certification of Exemption from the Payment of Estimated Persona[ Income Tax I See Form TP-584-1. Instructions for Form TP-584, before comaletino this form. Please Print or tvoe_ Schedule A—information relating to conveyance Grantor/Transferor Name(if individual,Iasi,first,middle initial) Social security number ❑ Individual NATURE PRESERVE, LLC ❑ Corporation Mailing address Social security number ❑ Partnership 2446 Route 9D ❑ Estale/Trust City State ZIP code Federal employer ident.number ❑ other Wappingers Falls, New York 12590 20-3118168 Grantee/Transferee Name(if individual.,last,first middle initial.) Social securfty number ❑ Individual TOWN OF WAPPINGER ❑ Corporation Mailing address Social security number ❑ Partnership 20 Middleiaush Road ❑ Estate/Trust City State ZIP code Federal a toyer ident.number W a m ❑ Other pp gers Falls New York 12590 — Location and description of property conveyed Tax map designation Address City/village Town County Section Block Lot 6157 01 24064 J01 Hopewell Road Wappinger Dutchess 6157 01 28866 Type of property conveyed (check applicable box) 1 ❑ One-to three-family house 5 ❑Commercial/industrial Date of conveyance Percentage of real property 2 ❑ Residential cooperative 6 ❑Apartment building conveyed which is residential 3 ❑ Residential condominium 7 ❑Office building real property 0-00 0% 4 El Vacant land 8 Z Other Easement month day year (see instructions) Condition of conveyance (check all that apply) a. ❑ Conveyance of fee interest f.❑ Conveyance which consists of a I.❑ Option assignment or surrender mere change of identify or form of b. Acquisition of a controllin interest state ownership ,1 organization (attach m.❑ Leasehold assignment or surrender q g ( Form TP-584,i,Schedule FJ percentage acquired %) g.❑ Conveyance for which credit for tax n.❑ Leasehold grant c. ❑ Transfer of a controlling interest(state previously paid will be claimed (attach Form TP-584.i, Schedule G} percentage transferred %) o.93 Conveyance of an easement h.❑ Conveyance of cooperative apartment(s) d- ❑ Conveyance to cooperative housing p.❑ Conveyance for which exemption corporation i.❑ Syndication from transfer tax claimed (complete .Schedule B, Pari rill' e. ❑ Conveyance pursuant to or in lieu of j.❑ Conveyance of air rights or q.❑ Conveyance of property partly within foreclosure or enforcement of security development rights and partly outside the state interest(attach Form TP-584.1,Schedule E} k.❑ Contract assignment r-❑ Other(describe) For recording officer's use Amount received Date received Transaction number Schedule B., Part] $ i I Schedule S., `art i! S j Page 2 of 4 TP-584 (3107) Schedule B --- Real estate transfer tax return (Tax Law, Article 31) Part I—Computation of tax due 1 Enter amount of consideration for the conveyance fif you are claiming a total exemption from tax,check the exemption claimed box,enter consideration and proceed to Partin) .............................. ❑ Exemption claimed 1. 0 2 Continuing Igen deduction(see instructions it property is taken subject to mortgage or lien) ....... ................... 2. 0 3 Taxable consideration (subtract line 2 from line t) ................................................................................................... 3.l 0 4 Tax:$2 for each$500, or fractional part thereof, of consideration on line 3......................................................... 4.1 0 5 Amount of credit claimed (see instructions and attach Form TP-584.1, Schedule G) ................................................... 5. Q 6 Total tax due`(subtract line 5 from line 4) ........................................................... .................................................... 6. Q Part iI—Computations of additional tax due on the conveyance of residential real property for$1 million or more 1 Enter amo.,nt of consideration for conveyance (from Part I,line i) ........................................................................ 1. 2 Taxable consideration(multiply line 1 by the percentage of the premises which is residential real property as shown in Schedule A) .-. 1 2. . 1otal oddl ltvt tut trans I.71G/ ICiA du e* {1I1 LII ifF11y i1f14''L by !%(.0 I)).................................................................................. �. Part III—Explanation of exemption claimed on Part t, line 1 (check any boxes thatapply) 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 ❑ compactwith 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 property is without consideration and not in connection with a sale, including conveyances conveying ❑ realtyas bona fide gifts...................................___...........................................................................................................................:. d e. Conveyance is given in connection with a tax sale............................................................................................................... e ❑ f. Conveyance is a mere change of identity or farm of ownership or organization where there is no change in beneficial ownership.(This exemption cannot be claimed for a 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 property,without the use or occupancy of such property, or the granting of an option to purchase real property,without the use or occupancy of such property................................................. i ❑ j. Conveyance of an option or contract to purchase real property with the use or occupancy of 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 one-,two-,or three-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. Conveyance is not a conveyance within the meaning of Tax Law,Article 31, section 1401(e) (attach documents supportingsuch claim) ................................................................................................................................................ k ❑ I. Other(attach explanation) .................................................................................................................................:........ ........................... I ❑ `Please make check(s)payable to the county clerk where the recording is to take place.If the recording is to take place in New York City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NYS Department of Taxation and Finance,directly to the NYS Tax Department, RETT Return Processing, PC Box 5045, Albany'QY 12205-5045. Page 3 of 4 TP-584(3/07) Schedule C--Credit Line Mortgage Certificate (lax Law, Article 11) Complete the following only if the interest being transferred is a flee simple interest. I(we)certify that: (check the appropriate box) 1. ❑ The real property 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.However, an exemption from the 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 othcrwise) immediately before the transfer. ❑The transfer of real property is(A)to a.person or persons related by blood, marriage or adoption 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 fn 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 orthe transfer to a trust for the benefit of the transferor). ❑The transfer of real property is a transfer to a trustee in bankruptcy,a receivet, assignee,or other officer of a court. ❑The maximum principal amount secured by the credit line mortgage is$3,000,000 or more, andthe real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please note:for purposes of determining whether the maximum principal amount secured is$3,000,000 or more as described above,the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances.See TSB-M-96(6)-R for more information regarding these aggregation requirements. ❑Other(attach detailed explanation). 3. ❑ The real property being transferred is presently subject to an outstanding credit line mortgage.However,no tax is due for the following reason: ❑A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. ❑A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due,and a satisfaction of such mortgage will be recorded as soon as it is available. 4. ❑ The real property Being transferred is subject to an outstanding credit line mortgage recorded in (insert Iber and page or reel or other identification of the mortgage).The maximum principal amount of debt or obligation secured by the mortgage is .No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded or: if the recording is to take place in New York City, make check payable to the NYC Department of Finance.) Signature (both the grantor(s)and grantee(s) must sign) The undersigned certify that the above information contained in schedules A, B, and C, including any return, certification,schedule,or attachment, is to the best of his/her knowledge,true and complete, and authorize the person($) itting such form on their behalf to receive a copy for purposes of rding the deed or olb.K instrument effecting the o veyance. Nature Pre C jo Wapp'nge drant&sig re Title Grant ignature ._._.. Title By: Kurt D. Kuehner, Member By: Christopher Colse , Town Supervisor Grantor signature Title Grantee signature Title Reminder: Did you complete all of the required information in Schedules A, B, and C?Are you required to complete Schedule D? If you checked e, f, or g in Schedule A,did you complete Form TP-584.1? Have you attached your check(s) made payable to the county clerk 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 Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045, Albany NY 12205-5045. Page 4 of 4 TP-584(3107) Schedule D-Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 653) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. Part I-New York State residents If you are a New York State resident transferor(s)/seiler(s)listed in Schedule A of Form TP-584(or an attachment to Form TP-584),you must sign the certification below.if one or more transferors/sellers of the real property or cooperative unit is a resident of New York State,each resident transferor/seller must sign in the space provided.If more space is needed,please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)/seller(s) as signed below was a resident of New York State,and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real property or cooperative unit. Signature Print full name Date Signature Print full name Date Signature Print full name Bate Signature Print Tuft name Date Note:A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part II-Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584(or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law,section 663(c),check the box of the appropriate exemption below.If any one of the exemptions below applies to the transferor(s)lseller(s),that transferor(s)lseiler(s) is not required to pay estimated personal income tax to New York State under Tax Law, section 663.Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided.If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply,you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form,or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personal income tax,on page 1 of Form TP-584-1. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit,the transferor(s)lseller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State,but is not required to pay estimated personal income tax under Tax Law, section 663 due to one of the following exemptions: ❑The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence (within the meaning of Internal Revenue Code,section 121)from to- (see instructions). Date Date ❑The transferor/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure,or in lieu of foreclosure with no additional consideration. ❑The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of New York,the Federal National Mortgage Association,the Federal Home Loan Mortgage Corporation,the Government National Mortgage Association, or a private mortgage insurance company. Signature Print full name Date Signature Print kill name Da In Signature Print full name Date Signature Print full name Date DECLARATION OF RESTRICTIONS FOR WETLANDS PROTECTION WHEREAS, the undersigned, NATURE PRESERVE, LLC, with offices located at 2446 Route 91), Wappingers Falls,NY 12590, which owns all that piece or parcel of land lying and being in the Town of Wappinger, County of Dutchess, and State of New York, and more fully described on Schedule "A" annexed hereto, which property is intended as a real property subdivision 47 9 acres, which property is shown on a certain map entitled "The Preserve" dated October 15, 2003, last revised January 26, 2008, and which is intended to be filed in the Dutchess County Clerk's Office simultaneously with the recording of this instrument, as filed Map# (The undersigned consents that the filed map number assigned to this map be inserted herein at the time of recording.), and WHEREAS, the undersigned desires to make the 47.9 acre parcel subject to the following restrictions and covenants for wetlands protection as follows: 1. The freshwater wetlands("Limits of Wetlands Flagged by Ecological Solutions,LLC in August and September, 2003") as shown on their aforementioned subdivision map shall remain preserved in the natural state and no structure shall be erected nor any disturbance conducted within said regulated wetlands and the adjoining buffer zone as depicted on the subdivision map. Further, there shall be no depositing or placement of any fill, dredge, or other material into said wetlands or waters contained therein or within the associated buffer zone as shown on the subdivision map. 2. It shall be unlawful for any owner or occupant of any of the lots contained within the subdivision to undertake any work or make any disturbance within the wetlands shown on the subdivision map,unless such work or disturbance has been authorized by the NYSDEC,or the Town of Wappinger in accordance with the Town of Wappinger Freshwater Wetlands Protection Law or other governmental rule or agency having jurisdiction of the premises. 3. Enforcement of any of the restrictions herein may be by the Town of Wappinger, Dutchess County, New York, the NYSDEC, any other governmental agency having jurisdiction of the premises, or as otherwise provided by law. 4. BINDING EFFECT. The terms,covenants and agreements herein contained shall inure to the benefit of, and be binding upon the parties hereto and their respective heirs, distributees, legal representatives,successors and assigns and ALL COVENANTS AND RESTRICTIONS HEREIN SHALL RUN WITH THE LANDS AFFECTED THEREBY AND SHALL BE PERPETUAL IN DURATION. 5. Invalidation of any of the above restrictions shall not operate to nullify those remaining. NATURE P �E, LLC BY: KURT UEHNER, Member STATE OF NEW YORK } ss.. COUNTY OF DUT�HESS ) On the -day of June, 2008, before me, the undersigned, a notary public in and for said state,personally appears KURT D. KUEI--INER,personally-known to me orproved 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 behalfof_Avlie e indli&al acted, executed the instrument. __ x �_ NOTrA_RY"PVB C L-. HAMM! # NOTARY Pi.BLt, Mate q1 New York Qualified in Dutch s ra.,No'02HA451 _ commission Expires November 30,20CJ RECORD AND RETURN TO_ ALBERT P. ROBERTS, ESQ. VERGILIS, STENGER ROBERTS &. DAVIS, LLP 1136 Route 9 Wappingers Falls, NY 1290 0 Schedule A 1 of 4 10 KENNETH B. SALZMANN, LAND SURVEYOR 12 Hunter Lane • P.O. Box 498 • Pawning, NY 12564-0498 Licensed in New York • New Jersey • Connecticut (845) 855-38U"5 • fax (&45) 855-4i 01 The Nature Preserve Town of Wappinger, NY August 8, 2005 Page 1 of 2 Description of Parcel A / V ALL that certain land in the Town of Wappinger, County of Dutchess, State of New York, being part of the premises described in the deed dated December 11, 1973, recorded in Liber 1373 at page 897; being further designated as Parcel A on the map entitled: "Subdivision Plat for Margaret Capolino," filed.with the Office of the Dutchess County Clerk on November 15, 1990 as Map No. 9145, EXCLUDING part of the parcel appropriated by the People of the State of New York recorded in Liber 1577 at page 899, being more particularly described in accordance with the November, 2003 survey prepared by Kenneth B. Salzmann, Land Surveyor, as: BEGINNING at the southwest corner of the herein described premises, at the intersection of the north side of Old Hopewell Road, also known as County Route 28, with the division line between land formerly of Scott, now or formerly.of Horvat (L.1920 cp. 474) on the west and said Parcel A on the east; thence along said Horvat, North 111 17' 46" East 336.26 feet; thence continuing along said Horvat, and along land now or formerly of Caputo (L. 1791 op. 403), generally along the center of a stone wall, North 43° 02' 24" West 325.61 feet to a stone wail corner at the southeast corner of land formerly of Leroy; thence along said Leroy, now Lot 2 and Lot 1 of Filed Map 7361 and Lot 1A of Filed Map 7361A, and along land formerly of Souza, now or formerly of Short (Deed No. 2001-5223), along the remains of a wire fence, North 341 58' 02" East 714.91 feet to the northeast corner of said Souza; thence continuing along said Souza, and along land formerly of Atkins, now or formerly of Gritter (Deed No. 22002-6699), partly along the remains of a stone wall, North 431 41' 00" West 478.53 feet to the east line of NYS Route 9D, also known as Hughsonville, State Highway No. 222, thence along said Route 9D, North 131 20'.46" East 58.70 feet; thence along said Route 9D as widened by a Notice of Appropriation recorded in Liber 1577 at page 899, North 23° 44' 10" East 44.36 feet to the division line between Parcel A and said Parcel B, Filed Map No. 9145; Aft Schedule A 2 of 4 Parcel A The Nature Preserve Town of Wappinger, NY August 8, 2005 Page 2of2 thence along said division line the following courses: South 43° 41' 00" East 205.43 feet; South 22° 11' 00" East 109.71 feet; South 413 41' 00" East 265.00 feet: South 04152' 40" West 180.00 feet; . South 181 53' 50" East 577.73 feet and South 110 36' 10" West 525.92 feet to the north line of the aforementioned Old Hopewell Road; thence along said Old Hopewell Road, generally along the roadside face of a stone wall, North 77° 00' 00" West 228.09 feet; North 780 20' 44" West 152_.50 feet and North 77° 07' 43" West 15.41 feet to the Point of Beginning. Containing an area of 11.26 acres, more or less. Being further designated as Tax Map Grid No. 6157-01-240641. Schedule A 4 of Parcel B The Nature Preserve I o'oin rcf VVappinger, NY August 8, 2005 Page 2 of 2 thence along sold Town of Wappinger, genera�ly �Innn tl?e centeC of a Stone �^rall: ZV South 09° 03' 00" West 220.04 feet; South 10° 16' 00" West 322.19 feet; South 42° 57' '10" East 516.80 feet; South 411 32' 20" East 63.96 feet; South 440 31' 40" Fast 112.51 feet: South 4111 57' 00" Fast 200 no fQat. .gni)th Anc) Al' ' nN' Ffaz+ '1 q feet; South 441 13' 40" East 64.02 feet and South 46° 03' 10" East 48.57 feet to a stone wall corner at the northwest line of land now or formerly of Trinka Development of Dutchess, Inc. (Deed No. 22002-10455); thence along said Trinka Development, generally along the center of a stone wall, South 46° 37' 00" West 282.16 feet and South 50° 28' 00 West 30.00 feet to a rebar found in a stone wall; thence still along the west side of said Trinka Development, and along the west line of [and now or formerly of Yanarella (L. 1755 cp. 530), now or formerly of Lioy (L. 1860 cp. 431) and formerly of Lieberman, now or formerly Morse (Deed No. 22003-1764), generally along the center of an old stone wall, South 281 18' 00" East 429.39 feet and South 26152' 00" East 17.24 feet to the north line of Old Hopewell Road, also known as County Route 28; thence along said Old Hopewell Road, generally along the roadside face of a stone wall, North 85° 40' 00" West 566.96 feet; North 84°46' 00" West 269.94 feet; North 811 52' 00" West 143.06 feet; North 88° 57' 00" West 30.34 feet and North 771 00' 00" West 60.91 feet to the division line between Parcel A and Parcel B on said Filed Map No_ 9145; thence along said division line the following courses: North 111 36' 10" East 525.92 North 180 53' 50" West 577.73 feet; North 041 52' 40 East 180.00 feet; North 430 41' 00" West 265.00 feet; North 221 11' 00" West 109.71 feet and North 430 41' 00" West 205.43 feet to the aforementioned east line of Route 9D and the Point of Beginning. Containing an area of 350.70 acres, more or less. Being further designated as Tax Map Grid No. 6157-01-288662. RESOLUTION NO. 2004-314 RESOLUTION APPROVING A SUBDIVISION AND CREATING AN "OPEN DEVELOPMENT AREA" UNDER TOWN LAW §280-a FOR THE PROPOSED SUBDIVISION KNOWN AS "THE PRESERVE" At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 22nd day of November, 2004, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Council Members - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Valdati WHEREAS, an Application for Subdivision Approval has been presented to the Town of Wappinger, New York (hereinafter referred to as the "Town") Planning Board by Prime Equities, LLC entitled the "The Preserve" Subdivision (hereinafter referred to as the "Subdivision"); and WHEREAS, the property to be subdivided consists of two parcels identified as Tax Grid Nos. 6157-01-240641 and 6157-01-288662; and C:1Documents and Settings\Florence.WAPPINGER1Loca1 Settings\Temporary Internet Files\OLK531Preserve-Open Space.doc Revised WHEREAS, the parcels to be subdivided would consist of approximately 51- multiple family units with associated parking and site improvements on parcels totaling 46.22 acres; and WHEREAS, the proposed Subdivision is a cluster type with all of the proposed dwelling units and related amenities located on the western portion of the properties to be developed; and WHEREAS, portions of the undeveloped property contain environmentally sensitive areas including streams and wetlands which will remain undisturbed; and WHEREAS, the property owner has made Application to the Town Board to establish an Open Development Area in accordance with Town Law §280-a(4), in order to erect structures on lots that gain access by easements over privately owned and maintained roads, as shown on a subdivision plat prepared by M.A. Day Engineering, P.C. and dated July 14, 2004; and WHEREAS, the Planning Board has presented the Town Board with a recommendation to approve the Application requesting an Open Development Area; and WHEREAS, the Town Board has given careful consideration to the Application of the Subdivision requesting to establish an Open Development Area in accordance with Town Law §280-a(4); and WHEREAS, the Town Board has also given careful consideration to the Goals and Policies established by the Town's Comprehensive Plan and Subdivision 2 CADocuments and SettingslFlorence.WAPPINGER1Loca1 SettingslTemporary Internet Files\OLK53Treservc-Open Space.doc Revised Regulations in regards to the requirement that certain improvements are needed to promote the orderly development of the Town; and WHEREAS, the requirement that access to a property shall be suitably improved reflects a legislative judgment that development of unimproved and undeveloped areas should be accompanied by provisions for streets and other essential facilities to meet the basic needs of the new residents of the area, and further, one of the fundamental considerations in the development of new roads and streets is the need to create a system of roads and streets within the Town that fosters the safe and convenient circulation of traffic; and WHEREAS, the requirement that access be provided from a road or street reflects a legislative policy designed to provide suitable and adequate access for fire and emergency service provides, and promote the health and safety and general welfare of the residents; and WHEREAS, the Applicant has demonstrated, through the construction of roads and other improvements that will be reviewed by the Planning Board and which include provisions for fire protection, that the lots can be reasonably subdivided using an "Open Development Area" design, to produce building sites of such character as will permit their development for homes without danger to health or peril from fire, flood or other menace. NOW, THEREFORE, BE IT RESOLVED, as follows: 3 G:1Documents and SettingsTlorence.WAPPINCiE \I ocal Settings\Temporary Internet Files\OLK531Preserve-Open Space.doc Revised 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board resolves that: (a) the two parcels to be developed are identified as Tax Grid Nos. 6157-01-240641 and 6157-01-288662; (b) the total project area contains 46.22 acres; (c) the project will consist of approximately 51-residential dwelling units with associated parking, site improvements, recreational facilities, construction of a privately owned and operated central water system and connection to municipally operated sewer system; (d) the properties are located at the southeast corner of the intersection of NYS Route 9D and Old Hopewell Road and are within the RMF-3 multi-family residence zoning district as identified in the Town's Zoning Code; (e) substantial areas of the properties to be developed contain environmentally sensitive areas such as streams and wetlands, the same will remain undeveloped and undisturbed by this proposal; (f) internal roads will be built to specifications satisfactory to the Town of Superintendent of Highways, Engineer to the Town 4 C:1Documents and Settings\Florence.WAPPINGER\Local SettingslTemporary Tntemet Files\OLK53Treserve-Open Space.doc Revised and Town Fire Advisory Board, however, the roads will be privately owned and maintained pursuant to a duly approved Homeowner's Association; and (g) there will be no cost to the Town of Wappinger to maintain such roads once constructed and such roads and internal improvements will be owned and maintained by the Homeowner's Association. 3. The Town Board further resolves that the development of the site as an "Open Development Area" design is one that will minimize the disturbances to environmentally sensitive areas and the destruction of the natural character of the land. 4. The Town Board further resolves that the development of the two properties as an "Open Development Area" allows for the flexibility of design where impacts and disturbances to the land can be minimized to the greatest extent practicable. 5. For the reasons heretofore mentioned, the Town Board hereby approves the request to create an Open Development Area for the Subdivision known as "The Preserve" for the property identified as parcels.on Tax Map Grid Nos. 6157-01-240641 and 6157-01-288662. 6. The Town Clerk is directed to forward a copy of this Resolution to the Planning Board for its consideration prior to the approval of the project. 5 C:1Documents and Settings\Florence.WAPPINGER%Local SettingslTemporary Internet Fi1es\0LK531Preserve-0pen Space.doc Revised The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye MAUREEN MCCARTHY, Councilwoman Voting Aye Dated: Wappingers Falls, New York November 22, 2004 The Resolution is hereby duly declared adopted. a GL IA J. M N CLERK t 6 C.\Documents and SettingslFlorence.WAPPINGER1Local Settings\Temporary lntemetFiles\OLK531Preserve-Open Space.doc Revised f TOWN OF WAPPINGER TOWN CLERK • SUPERVISOR GLORIA J.MORSE 1 JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN MCCARTHY JOSEPH R PAOLONI TOWN CLERK'S OFFICE ROBERT L.VALDATI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590-0324 (845)297-5771 FAX: (845)298-1478 November 23, 2004 Planning Board 20 Middlebush Road Wappingers Falls, NY 12590 Enclosed please find a copy of Resolution No. 2004-314 Approving a Subdivision and Creating an "Open Development Area" Under Town Law 280-a for the Proposed Subdivision Known as "The Preserve" that was adopted by the Town Board on November 22, 2004. This is being sent for your consideration prior to approval of the project Sincerely, � J nGloria J rse Town k GJM/fh enclosure THIS IS NOT A PERMIT New York State Department of Environmental Conservation Notice of Complete Application Date: 10/19/2005 Applicant: PRIME EQUITIES LLC 1022 MAIN ST FISHKILL,NY 12524 Facility: THE PRESERVE TOWNHOUSES OLD HOPE WELL RD &ROUTE 9D EC I v WAPPINGER,NY 12590 Application ID: 3-1356-00244/00001 JAN 0 9 2006 Permits(s)Applied for: 1 -Article 24 Freshwater Wetlands TOWN CLERIC 1 -Article 15 Title 5 Stream Disturbance Project is located. in WAPPINGER in DUTC14ESS COUNTY Project Description: Prime Equities, LLC has applied for a Water Supply permit (WSA #10,843) and a Freshwater Wetlands permit in order to construct the proposed 51-unit "Preserve Townhouses" development. The central water supply system would consist of two on-site wells; Well #1, is approximately 450 ft. deep and was pumptested at 64 gallons per minute (gpm), and Well #2 approximately 505 ft. deep and was pumptested at 60 gpm. The applicant also proposes to install a sewer line and a stormwater detention basin within the 100 ft. wide adjacent area around state regulated Freshwater Wetlands # WF-27 (Class 3). The Town of Wappinger will extend municipal sewer service to this proposed project The proposed townhouse project is located on 9.6 acres of a 47.9-acre parcel, the balance of which is state regulated wetland along Hunter's Creek. The applicant proposes to preserve as open space the undisturbed portion of the wetland for recreation trails that may be used by the residents and the general public. The proposed project is located on the north side of Old Hopewell Road, about one-half mile east of the intersection with NYS Route 9D. in.the Hughsonville section of the Town of Wappingers, Dutchess County, New York. State Environmental Quality Review(SEQR)Determination Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed. SEQR Lead Agency Wappinger Town Planning Board State Historic Preservation Act(SHPA)Determination The proposed activity is not subj ect to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. Availability For Public Comment Contact Person Comments on this project must be MICHAEL D MERRIMAN"\? submitted in writing to the Contact NYSDEC Person no later than 11/14/2005 21 SOUTH PUTT CORNERS RD NEW PALTZ,NY 12561-1696 (845)256-3054 CC List for Complete Notice Chief Executive Officer PRIME EQUITIES LLC M. GEORGE & L. MEYERSON (WANCOMING APP) M. HOLT (3504) ALB. (W/APP FORMS ONLY) M. MONTYSKO,NYSDOH (WANCOMING APP) M. A. DAY,PE (W/PUBLICATION INSTRUCTIONS) ENB File PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) June 6, 2005 VIA FAX&MAIL Town Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon.Joseph Ruggiero Reference: Preserve Request for Temporary Access Over Town Hall Site Dear Supervisor Ruggiero: At your request, I have looked at the Preserve's request to have a temporary access easement over the Town Hall site to access their site from the back so that they can drill test wells to supply water supply for the proposed townhouse project. I made a field inspection of the site on June e,2005, and found that the access is fairly decent to the rear of the site. However, in the rear of the site there is existing telephone communications tower and equipment. There appears to be a very limited access point .between those building and structures and the subject property. However,with a certain amount of work, access could be achieved. I would question the appropriateness of granting this however. The well rigs that will be doing this work are rather large and cumbersome, and WILL need a good roadway to traverse to get to the site. To that extent, grading, clearing, grubbing, etc. will need to be done. That will need to be detailed on a specific plan to determine if there could be any potential interference with the existing telecommunication structureslutiiities. I would ask whether or not the telecommunication companies should be contacted to see if whether or not they have any issues with this request. In the long term scheme of things, long term maintenance of these wells (if the site is approved)would need to be discussed. Having a permanent type access to these wells will be necessary. In essence, I have no issues with the Town trying to cooperate with the Developers of the Preserve Townhouse, however, I believe there are a number of issues that need to be identified and cleared up prior to granting any permission. If there are any questions, please do not hesitate to contact this office. I will be prepared to discuss this at the next Town Board meeting. Very y Yours; oseph E. Paggi, Jr.,'P RECEIVED JEP:Iaw cc: Hon.Gloria Morse JUN 0 9 2005 Town Board: File Albert P. Roberts, Esq. TOWN CLERK David Stolman Joseph E.Paggi,Jr.,PE. Ernst Martin,Jr.,P.E.,L.S. Charles R.Dei Bene,Jr.,P.E. Hanig, Stall & Associates, LLP Attorneys at.Law JOEL D.HANIG ✓POUGHKEEPSIE OFFICE? LEGAL ASSISTANTS TODD S.STALL" 319 Main Street Rear,P.O.Box 911 USA PECCHIA' •MemCer NY&CT Bas Poughkeepsie,NY 12602-0911 COLLEEN M.VanSENSCHOTEN' (845)471-7177 a FAX:(845)790-1212 DIANA E_FRAILEY Closing Dept.Phone Number: RENEE E.RUTULANTE` LYNN M.SMOOKLER 9 P KRISTEN S.GUTHRIE� EVAN B.HANDEL (845)452-3434 TAMI WEISS RICHARD D.FORBES JESSICA MARINA* LAURASTRANSKY' NEWBURGH OFFICE: 6 Jeanne Drive,P.O.Box 7229 cERTIFIEa PARALEGAL STANLEY A.SCHUTZMAN,Of Counsel Newburgh,NY 12550 (845)566-8886 a FAX:(845)566-3886 VISIT US AT:www.hviaw.corn May 19, 2005 Hon. Joseph Ruggiero, To;:`n Super`I s or Town of Wappinger Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 RE: APPLICATION OF PRIME EQUITIES, LLC FOR "THE PRESERVE" SUBDIVISION Dear Supervisor Ruggiero: In connection with the above subdivision application, it appears that it will be necessary to drill test wells on that location of the property on the east side of Hunters Creek. As you may know, the easiest access to that property is through the property owned by the Town of Wappinger, which is the property adjacent to the Town Hall with access through the same general area where the cell tower is located. By this letter, we are asking for the Town of Wappinger to grant to my client a temporary easement for access through'the municipal property for purposes of drilling test wells. We would be willing to discuss with yourself and any other member of the Town Board any parameters or restrictions which may be placed upon my client's need for this access. If you would like me to appear before the Town Board at either a workshop session or a meeting of the Town Board, both I and my client would be glad to do so. I look forward to receiving.a ,prompt reply to this regL1,eSt. Sincerely, HA I & SSOCIATES, LLP JDH Ir J rjj� Roberts, Town Attorney uities, LLC (Atte: Kurt Kuehner) . Paggi, Jr., P.E. TOWN OF WAPPIN6tR FIRE INSPECTOR SUPERVISOR MARK J.LIEBERMANN JOSEPH RUGGIERO 4i TOWN COUNCIL ll VINCENT BETTINA MAUREEN McCARTHY JOSEPH R PAOLONI FIRE PREVENTION BUREAU ROBERT L.VALDATI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS,NY 12590-0324 (845)297-1373 FAX:(845)297-0579 e-mail:mllebermannotownofwappingerms MEMORANDUM Date: December 29" 2004 From: Mark Liebermann - Fire Inspec or To: The Honorable Joseph Ruggiero- Town Supervisor Town Board members Copy: Albert P. Roberts - Attorney to the Town of Wappinger Graham Foster' - Highway Superintendent Gloria Morse- Town Clerk Joseph Paggi Engineer to the Town of Wappinger Planning Board Prime Equities,LLC Chief Glenn Kramer - Hughsonviile Fire District Subject: THE PRESERVE (TOWNHOUSES) GRID# 6157.01.288662 Attached herewith is a memo from the Dutchess 911 addressing unit regarding the two Private.Road names for the above project. The names submitted by the developer, Prime Equities, are: Doe Tr Berry Ln Please place the above on the next available agenda in order to pass the required Town Board resolution. RECEIVED Thank you for your attention to this matter DEC 2 9 2004 TOWN CLERK DUTCHESS COUNTY ENHANCED 911 DEPARTMENT OF EMERGEN'C'Y RESPONSE 392 CREEK ROAD POUGHKEEPSIE,NY 12601 Wednesday,December 29,2004 Mark Lieberman,Fire Inspector Town of'Wappingers 20 Middiebush Rd Wappinger Falls,N.Y. 12590 Mr.Lieberman: our office was contacted by Prime Equities,LLC regarding the proposed street names in the Preserve (Townhouses)development.The parcel for this proposed street is located on 6157-01-299662. Our office has reviewed the proposed road names for the and have found no conflicts with the following road names: Doe Tr Berry Ln If yoiu have any questions or concerns please feel free to contact our office. V U James Tompkins, DEC Z 9 2004 Program Assistant /)k. Dutchess County Emergency Response rOWNOLZ F Wq ppj OR 911 Addressing Office AGFR (845)486-6532 (845)486.6529 Fax Fmeramspon89911 0co.dutch Prime Equities,LLC Za 30Gd 116 03 SS3HOInG 6ZG9980908 V6:91 tr90L/5Z/Zl 1 Hanig, Stall & Associates, LLP Attorneys at Law JOEL D.HANIG A/POUGHKEEPSIE OFFICE: LEf3ALA5SI TANTS CCHIA* TODD S.STALL' 319 Main Street Rear,P.O.Box 911 BSA PECCHIN- •Member NY&CT Bars Poughkeepsie,NY 1 2602-09 1 1 COLLEEN I M.a DIANA EG RAILS °DIANA E.FRAILEY (845)471-7177•FAX:(845)790-1212 RENEE E.RUTULANTE• LYNN M_SMDOKLER Closing Dept.Phone Number: KRISTEN S.GUTHRIE' I WEIRS EVAN B.HANDEL (845)452-3434 JESSICA MRTNA' RICHARD D.FORBES LAURA STRANSKY- NEWBURGH OFFICE: 6 Jeanne Drive,P.O.Box 7229 -CERTIFIED PARALEGAL STANLEY A.SCHUTZMAN,Of Counsel Newburgh,NY 12550 (845)566-8888•FAX:(845)566-3886 VISIT US AT:www.hvlaw.com September 9, 2004 Hon. Joseph Ruggiero, Town Supervisor Town of Wappinger Wappinger Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 RE: PROPOSED SITE PLAN FOR `THE PRESERVE" TAX GRID t: 6157-01-240641]288662 Dear Supervisor Ruggiero•. This office represents Prime Equities, LLC, which is the applicant for development of the above-referenced property into a townhouse project. At the Planning Board meeting, which took place on September 8, 2004, we discussed with the Planning Board our interest in applying for an open development area permit under Town Law Section 280-a so that the development may have private roads rather than publically dedicated highways. We believe that we received substantial support for such proposition from the Planning Board, as well as the consultants for the Town of Wappinger who were present at that meeting. As there is no.formal application procedure, I would ask that my letter be accepted as an application to the Town Board of the Town of Wappinger for a resolution to be adopted by the Town Board declaring the.above-referenced property to be an open development area so as to permit the construction of townhouses on private roads within the development. I enclose for your information two copies of the proposed site plan, which was last presented to and reviewed by the Planning Board at the meeting of September 8, 2004. We would ask that this matter be scheduled for a meeting of the Town Board so that the Town Board may make the necessary referral to the Planning Board as required by the statute for the Planning Board's advice and report upon this application. Please advise me if there is anything further that you would require from myself or my client in connection with-this application that is being made. if this matter is going to be t scheduled for a Town Board meeting for discussion, please advise my office as to the date and time of the meeting and we will have representatives attend the meeting. Sincerely, H ,4SSOCiATES, LLP t JOEL D. AN1G J Hlelr E c. Albert P. s, Town Attorney Prime Equities, LLC (Attn: Kurt Kuehner) M.A. Day Engineering, P.C. Planners East, Inc. (Attn: Arthur F. Brod, Jr.) WAPPINGER TOWN HALL PLANNING BOARD 20 MIDDLEBUSH ROAD WAPPINGER FALLS,NY 12590 7115104 RECEIVE[ To: Town of Wappinger Planning Board CCA,Town Board\and Town Supervisor TOWN CLERK From: Bill LeRoy, Owner 2434 Route 9D, Wappinger Falls,NY 12590 Dear Board Members: Thank you for responding to my concerns about the proposed development on the neighboring property called The Preserve. The developer has contacted me personally by telephone to discuss our concerns and I appreciate his efforts to help maintain our quality of life that we have enjoyed for many years. Please note that these are the concerns and issues discussed with the new owner in part and I hope this letter puts us all on the same page so everything is clear as to the issues at hand. Being a resident of the Town of Wappinger(1979)may I also make suggestions about the following items and that they be made part of the approval for the project called "the preserve": 1. The non-conforming/non-complying, encroaching building, was enlarged 15+years ago without obtaining Building Permits. Records are in the Town Hall Building Department that shows this to be true. The building encroaches our property line and should be torn down to ensure that no fixture uses violate the codes of the Town and the quality of life enjoyed by the neighbors. 2.A permanent type,not wood, 8'high fence,not see through,needs to be installed prior to commencement of construction on his westerly property line that abuts our easterly property line to insure privacy both during construction and when development is comTete and new neighbors use the ro 3.A separate buffer area should be provided on the Preserve Property westerly line,to provide a natural vegetated area between the proposed development and the fence,privacy fence and our property lines. This area should be planted with evergreen trees at least 8 feet tall and of a species/variety, evergreen trees,that provides permanent obstruction to the view from each property from the ground up to the top of the tree. This will expand as the tree grows. Permanent maintenance of the fence and trees shall be the ultimate responsibility of the property owners and should be spelled out in the Public Offering Statements and the Housing Association documents. 4.We hope that the fence and buffer planting can be constructed first,to provide privacy and obstruction during the construction process. Any damage to the fence and trees should be replaced if damaged during the construction process. 5.The property is quite large and therefore every effort should be made to insure that nothing is placed near our abutting property lines, such as parking areas,walking paths,pools,recreational areas, garbage or recycling areas, storage buildings, commons areas, etc. Any of these type of items should be relocated far inside the property lines and near their own proposed buildings and existing home that is on the property of old Hopewell Rd. 6. Every effort should be made to re-direct any light from any lamps or buildings or cars visible from our homes. Light shields can be provided to help. 7. During Construction, there should be no topsoil piles stored near our property lines and no pile should be so high as to be visible from our home. 8. During Construction, there should be no storage of vehicles or materials near our property lines. This would avoid the abrupt sound of a vehicle being started in the early morning hours from being heard from a neighbor. 9.No Rock crushing or Screening should be allowed, the noise and dust would impact our property and quality of life during the entire construction process. 10. Question... What are the working hours for construction in Wappingers? 1f there are not hours set by local law, the board should set and limit hours of construction so they do not start before 7 a.m. and do not work beyond 6 p.m. and not during holidays or weekends(which would impact the neighbors the most). 11. Our Well is located very close, 5o 175 feet from their westerly property line and we hope that the construction process does not impact our well water supply or quality. 12.Also, drainage from the property should be directed away from our property,well, and any contour line that would drain water onto our property during and after construction. 13. A swale should be constructed, first,to ensure that any stormwater(either during or after construction)is collected before reaching our property line and discharged in a place far away from our property. Stormwater impacts could be great if not controlled. 14. Has the Town investigated the possibility of providing public sewer taps along the property line of each adjoining neighbor of the project to help facilitate Town's goal of providing sewer to these homes? Thank you for taking the time to read my letter and helping to safeguard our property, as if it was your home next to this project, and keep it a safe and wonderful place to live! Please let me know if you have any questions. Sincerely, Bill LeRoy Town of Wappinger Resident 2434 Route 9D Wappinger Falls,NY 12594