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Nicole FarmsTOWN CLERK ELAINE H. SNOWDEN (914) 297-5771 Sept. 4,. 1990 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH RCAD P.O. BOX 3.24 WAPPINGERS FALLS, N.Y. 12590-0324 Planning Board Town of. Wappinger Wappingers Falls, NY 12590 Re: Request for Reduction of Performance Bond -- James Klein --Nicole Farms Gentlemen: SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL VICTOR L. FANUELE JOSEPH INCORONATO ROBERT L, VALDATI JUNE A. VISCONTI The enclosed request from Mr. Klein, above captioned, was addressed by the Town Board at their regular meeting of August 27, 1990 and unanimously approved by them. According to our Engineer we are required to notify you of the Town Board's approval so you may follow your procedures of a public hearing and subsequent action. Yours truly, Elaine H. Snowden Town Clerk gr encl. JAMES A. KLEIN, inC. *Builders HAAK PLAZA - su�i'r'3a 209/210 - 231 Rou'rE 9 -WAYPINGI',HS FALLS, N. yr. 12590 ^, (914) 297-4383 - FAX� (914) 297-82SO August 23, 1990 Elaine Snowden, Town Clerk Town of Wappinger 20 Middlebush Road Wappinger Falls, NY 12590 RE: Nicole Farms Dear Mrs. Snowden, We hereby request the Town of Wappinger Town Board consider a reduction in cur Road & Development Bond for Nicole Farms. very truly yours, JAMES A./KLEIA, INC. J a Rrel. Klein JA K11? TOWN CLERK r PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 August 21, 1990 Town Board Town of Wappinger 20 Middlebush Road P.O. Box_ 324 Wappingers Falls, New York 12590 Reference: Nicole Farms Dear Board Members: The Developer of the �bove subdivision, completed a certain portion of the work subdivision. With this mind, he wishes amount of the bond he now has in favor Wappinger. R"ECEIVED AUS 2 3 IN ELAINE SNOWDEIq TOWN CLERK James Klein, has for the above to reduce the face of the Town of We have calculated the value of the improvements installed and inspected by the office to date, and have assigned a value to them of $279,170.00. This figure allows for the inflation that has occurred during the last two (2) years since the bond was originally calculated. This leaves a net amount of $303,802.00. It would be our opinion that the bond may be reduced to this amount at this time, and still afford the Town proper protection. According to Section 277 of Town Law, the Town Board -must approve t -his be n1 -:a reduction and tiiGil notify the Planil_Ii Board of this approval. The Planning Board at that time must have a Public Hearing and make a determination if the bond should be reduced. Please note that I have consulted the Town Highway Superintendent, and he is in agreement with this reduction. Joseph E. Paggi, Jr., P. E. Ernst Martin, Jr., P.E., L.S. t 1 August 21, 1990 Page Two Town Board Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, New York 12590 Reference: Nicole Farms Tf there are any questions or comments in this matter, please do not hesitate to contact me. Very truly yours, Joseph E. Pa i P gg JEP:law cc: Graham Foster, Highway Superintendent Herb Levenson, Zoning Administrator Elaine Snowden, Town Clerk Al Roberts, Town Attorney James Klein Planning Board 87-003 (46) x ? 'n 71 P P I N G E R K SUPERVISA CONSTANCE 0. SMITH TOWN CCUNCIL VINCENT BE7r]NA JOSEPH P. PAOLCNI JOSEPH RUGGfERC 7s ROBERT L VALDATJ Is OFFICE I ROAD -4 vvrarr lyiGERS n,�t,�. A.Y. 12590 -0324 December 27, 2000 Michael Graham Executive VP Premier National Bank 4 Jefferson Plaza Poughkeepsie, NY 12601 Re: Dorothy Klein 77JD Corp. Nicole Farms Letter 4 Credit #341-96 Dear Mr. Graham: Enclosed is the original Letter of Credit #341-96 for Dorothy Klein that you requested. I must apologize for the mix up. Deputy Town Clerk G TOWN CLERK ELAINE H_ SNOWDEN {914) 297-5771 �7� December 18, 2000 TOWN OF WAPPINGER TOWN CLERK'S (jFF!CE 20 NIIDDLEBUSH ROA. P.O. BOX 324 WAPPINGERS FALLS. N.Y. 12590-0324 Michael Graham Executive Vice President Premier National Bank 4 Jefferson Plaza Poughkeepsie.. NY 12601 Dear Mr. Graham: SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL VINCENT BETTINA JOSEPH P. PAOLONI JOSEPH RUGGIERO POHERT L VAL[jATi Re: Dorothy Klein 77JD Corp. Nicole Farms Letter of Credit #341-96 Enclosed are the Letters of Credit #341-96 for Dorothy Klein that you requested. Sincerelv Florence Hannon Deputy Town Clerk r j PREMIER hAT TO�—t:— BAN. _K A _B -K October 28, 1999 Town of Wappingers Zoning Administrator 20 Middlebush Road Wappingers Falls NY 12.590 RE: Dorothy Klein and 77JD Corp. Formerly Known As. James A. Klein, Inc. Letter of Credit #341-96 Amount $13,750.00 To Whom It May Concern, Please be advised that Premier National Bank (Successor to The First National Bank of the Hudson Valley), has extended the above referenced Letter of Credit which has a maturity date of 11/19/99, for an additional one year period to expire on 11119/00 (in the amount of $13,750.00). All other terms and conditions thereunder shall remain in effect. Should you have any questions regarding this matter, do not hesitate to contact me at (914)896-4843. Sincerely, \Pa e B. o m A m Asst. Vice-Presiden Premier National Bank 123 Main Street Fishkill NY 12524 cc: James A. Klein Dorothy Klein and 77JD Corp P R E M I E R N A T 1 0 N A L B A N K 1301 Route 52,RO. Box 70007 Fishkill, NY 12524-7000 914-897-7400 J Irrevocable Documentary Number 341-96 First HudsqnValley Credit issued 11/19/96 First National Bank of the Hudson Valley Route 55 a PO Box 310 a LaGrangeville, NY 12540 Daw and tie of oory November 19, 1997 Dorothy Klein and . 77JD Corp., ftneft.nTown of Wappinger formerly known as James A. Box 324 Klein, Inca 20 Middlebush Rd. 2029 Route 9, Suite 203 Wappingers Falls, NY 1.2590 Fishkill, NY 12524 "dm" 8" 1401. rw Amount 'twenty seven Thousand Five First National Bank of Hudson Valley Hundred US dollars and no cents P.O. Box 310 ( 27 500.00)- crid sh/Amiinth LaGrangeville, NY 12540 N M sigrn pay 4 ❑ by --Per— El by nepodab- Pantial Srwpnrrerns Trana►hpmtrn N/A ❑"wredparwtat Letter of default $$owed ref ellowad &flowed El not Mowed Spinet tH documents dauited herein Loa" on board dispatch taking in cthargt at from ❑g andoenewarysdrahat Counters of First H.V. �r>r.rapor,akah+e:Irrevocable Letter of Credit ,. expiration date This Irrevocable Letter of Credit is issued in your favor and we engage to pay your draft(s) on us presented to us at our offices, Route 55 P.O. Box 310, LaGrangeville, NY 12540, when ac.compied bv: A letter authorized by the.Town of Wappinaer, duly signed by the aDDroprite Town officials declaring a default in the performance of intersection improvement at the west side of Kent and All Angels Hill Road as detailed on plan by Baraer. Grav & Railina dated Auaust 30, 1988 and amended by the Plannina Board at their October, 1996 meetina in the amount of 527.500.00. Docvrnanfa to presented within dep after Ire daft of issuance of the tnnaport document(.) but within the vetift. of the credit. We hereby issw the Doa mouary Credit in your fa~. Itis su0pa to the IDr Okm Custom$ and Practice for Documtnury Creditt (IM Fitviaion, khterthaaahal Ch~cg Carmwos. Puts. Franca, Publication two- 400) end wgapee ua in atxordance with On terms thereof: The number and the date of the trod( and the name of our bv* must be quoted on aA drafts required. If to aedit is evailabN by nepopstion: each presentation must be noted on to r"". Of the fws adviee'by the bank where tM cn0l it availatse. First National Bank of the Hudson Valley Seal (original only) Alt Authorized Signature -7,tC 5 This document oonahsu a ,pned pape(s) J DRAFTS DRAWN HEREUNDER DRAFT DATE AMOUNT L C BALANCE. rn cc z ° MO d �4 o Ch :3 cc ro o Z x o ,� ro v, r- c �...� W `0 Ff3 cv O Z 2 C14 'Z7 r °cM�� F- o W Z W 3 R CD r: Cj)HWN3 v VJ _ Q , r Q LL DRAFTS DRAWN HEREUNDER DRAFT DATE AMOUNT L C BALANCE. r. MAINTENANCE BOND SECURED BY IRREVOCABLE LETTERS OF CREDIT WHEREAS, WE, DOROTHY KLEIN and 77 J D CORP (formerly James A. Klein, xnc,), both residing at 2029. Route 9, Fishkill, New York 12524, have now completed the roads and other public improvements _,in connection with NICOLE,FARMS SUBDIVISION, which are ready to be dedicated to the TOWN OF WAPPINGER, and are required to maintain and repair said roads and public improvements within the subdivision for one year after the date of acceptance by the Town Board; and WHEREAS, to secure the obligation to repair and maintain said roads and public improvements, we have obtained letters of credit from FIRST NATIONAL BANK OF THE HUDSON VALLtY, NOW, TnREFORE, WE, DOROTHY KLEIN and 77 J D I CORP., as principals, guarantee that we shall well and truly maintain and repair all roads and other public impro'v'ements within the subdivision known as Nicole Farms, filed in the Dutchess County Clerks Office on the 7th day of April,. 1989, as map number 8705, and that we shall well and truly maintain and repair same in accordance with the ordinances, local Laws, rules, regulations and codes of the Town of 'Wappinger for one (1) year from the date of acceptance of said roads by the Town Hoard of the Town of Wappinger. As security for this obligation, we hereby deliver to the Town of Wappinger, the following securities for the faithful performance of this obligation, an irrevoaca'ble letter of credit from First National Bank of the Hudson valley bearing number 340-96 and an irrevocable letter of credit from First National. Bank of the Hudson Valley bearing number 341-96, which irrevocable letters of credit are attached hereto, and we consent to the terms thereof as securities for this.o l gat o We understand that if the securities posted hereunder lapse or expire for any reason, then this bond wi.11 be in default and lots Within the subdivision will no longer.be eligible for building permits Until new and sufficient security is posted. Dated; November 20, 1996. Dorot y Kl n 77 J F CORP. _ - a by borothy lei , Preiden_� STATE OF NEW YORK ) Iss.. COUNTY OF DUTCHESS ) On the Z&''A day of November, 1996, before me personally came DOROTHY KLEIN, to rete known to be the individual described in and who executed the. foregoing instrument, and she acknowledged to me that She executed the same. Notary ublic R4i�i CO i7�. �NNrlbrk STATE OF NEW FORK j�� $ $ ♦ : +S �M� 12,119M COUNTY OF DUTCHESS j On the Zp day of November , 1996, before me personally came DOROTHY KLEIN, to me known, who, being by me. duly sworn, did depose and say that she, resi•des.at 2029 Route 9, Fishkill, New York 12524; that she is the President of 77 J D Corp., the. corporation described in and which executed the foregoing instrument; that she knows the seal of- said corporation,- that the seal affixed to said instrument is such corporate seal; that it was' so affixed by order of the Board Df Directors of said corporation, and that she signed her name thereto :)y like order. �b�►p1M�1i6ic -�� Notva-kbl.ic �ftftftiz on 6 ee S6 NOV 19 '96 17:30 REED AND REED STATE OF NEW YORK COUNTY OF DUTCHESS I 5s.: On the L� f day of November before me came DOROTHY KLEIN P.1 nineteen hundred and ninety—six to me known and known to me to be the individual described in, and who -execrated, the foregoing instrument, and acknowledged to me thatS he executed the same. FN�tJ.ODiti�,L Proem- No ary Public Ca+rNUiaiBpiN rW-12, Ion STATE OF NEW YORK„ COUNTY OF DUTCHESS On the it'd' day of November before me came DOROTHY KLEIN being by me duly sworn, did depose and say that Fishkill, New York nineteen hundred and ninety—six to me known, who, s he resides at No. 2092 Roy to 9, that a he is the President of 77 S D Corp. the corporation described in, and which executed, the ,foregoing 'ustrument; that s he knows the seal of said corporation; that the seal a#fixed to said instrument is such corporate seal; that it was so directors of said corporation;. -and oration;:and that s he signed h er atiixad by order of the board of P name thereto by like order. J.001Tf�--•- No aryl PUbiic �!►�R�IIdMrr►11Mt 1hPMMaUWAN �pNMlgb I 00--8:1109 $44. n 80 EXCHANG9 PLACi-AY 9NVADWAY. New YQM9 THAT WE, DOROTHY KLEIN, 2029 Route 9, Fishki,ll, New York 12524; and 77 J D CORP., formerly known as James A. Klein, Inc., a New York corporation, with its principal place of business at 2029 Route 9, Fishkill, New York 12524 part 1erbf the first part, for and in consideration of the sum of ---One--- (s 1.00 ) Dollars, lawful money of the United States to us in hand paid, at or before the ensealing and delivery of these presents by the Town Board.of the Town of Wappinger, Dutchess County,.. New York part y of the second part, the receipt whereof is hereby acknowledged ha Ve bargained and sold, and by these presents do grant and convey unto the said part y of the second part, heirs, executors, administrators, successors and assigns all of the water pipes, storm sewer pipes, drain pipes, conduits and thein respective accoutrements in the subdivision known as "Nicole farms" located in the Town of Wappinger, Dutchess County, New York TO HAVE AND TO HOLD the same unto the said part y of the second part, heirs, executors, administrators, successors and assigns forever. AND we do for our heirs, executors and administrators, covenant and agree, to and with the said pary of the second part, to warrant and defend the sale of the aforesaid chattels hereby sold unto the said part y of the second part, Its heirs, executors, administrators, successors and assigns, against all and every person and persons whomsoever. IN WITNESS WHEREOF, the parties of the first part have set their hand sand seals or caused these presents to be signed by its proper corporate officers and caused its proper corporate seal to be hereto affixed, this Z iso — day of November 1996. Signed, Sealed and Delivered in the Presence of Doroth Kle' 77 J D.Corp. by Dorothy Clei President �f�Of�0�0��60t OaneMlbnElpbesFib. t2,i9A8 NOV 19 '96 17:32 REED AND REED P.2 • '1111 SCHEDULE OF THE FOREGOING BILL OF SALE All of the water pipes, storm sewer pipes., drain pipes, conduits and their respective accoutrements in the subdivision known as'"Nicole Farms" located in the Town of Wappinger, Dutchess County, New York �1 �� sb STATE OF NEW YORK COUNTY OF DUTCH%SS DOROTHY KLEIN being duly sworn, deposes and says that a h e reside at 2029 Route 9, Fishkill, New York That s V the same person who executed the within bill of sale. - . . That s he is the sole and absolute -owner of the property described in said bill of sale, and ha S full right to sell and transfer the same. That the said property, and each and every part thereof, is free and clear of any liens, mortgages, debts or other encumbrances of whatsoever kind or naturewavW That s h e is not indebted to any one and ha S no creditors. That there are no judgments existing against h er in any court, nor are there any replevins, attachments or executions issued against h er now in force; nor has any petition in bankruptcy or arrangement proceedings been filed by or against !fr ; nor ha S S h e taken advantage of any law relating to insolvency. That this affidavit is made for the paras* and with the intent of inducing The Town Board of the Town of Vappinger to purchase the property described in said bill of safe, knowing thatit hX will rely thereon and pay a good and valuable consideration therefor, Sworn to before me this z/ S , day of November, 19 9¢ Aftak A. DoxotI� xn ..................... �G� (_ �M�CU50B5981 STATE OF NEW YORK ) COUNTY OF DUTCHESS DOROTHY KLEIN ))) ,being duly sworn deposes and says: That** is president of 77 J D Corp. a corporation organized under the laws of the State of New York and having its principal office at 2029 Route 9, Fishkill., New York That the corporation is now the sole owner of all of the goods and chattels described and more specifically enumerated in the schedule hereto annexed and made part of the foregoing bill of sale. That your deponent states that there are no mortgages, liens, conditional sales agreement or other encumbrances of whatever nature or description affecting the said goods and chattels set forth in the foregoing schedule and that they are absolutely free and clear thereof, wPSRtxX . That the corporation is not indebted to any one and has no creditors eAW*1CX That there are no actions pending against the corporation in any court; nor are there any replevins, judgments or executions outstanding against the corporation now in force; nor has any petition in bank- ruptcy or arrangement proceedings been Sled by or against the corporation; nor has the corporation taken advantage of any law relating to insolvency. That this affidavit is made for the express purpose and with the intent of inducing The Town Board of the Town of wappinger to purchase the property set forth and described in the foregoing bill of sale, knowing full well that 3 it will rely upon this affidavit and pay a good and valuable consideration. Sworn to before me this 1/f� J - ` day of November 19 9/a 1 -------- --- -- �/ � Do oth Klein lldliY Ak MrFMUIrs�, r, qMQ1NMft 4 FirstHudson In�vac ably DoCanentary�� _ CrodFt First National Bank of the H Route 55 PO Sox 310 • LaGudson Valley rangeville, NY 12540 4"uc'" Dorothy Klein and 7 7JD Corp . , formerly known as James A Inc. Klein, 2029 Route 9. Suite 203 Fishkill, NY 12524 "'WV e.nk FW, n<. First National Bank of Hudson Valley P.O. Box 310 LaGrangeville, NY 12540 X340-96 issued 11/19/96 °ftWvnoewwpy November 19, 1997 Town of Wappinger Box 324 Middlebu.sh Rd. WaAPingers Falls, NY 12590 Amoum Hundred Sixteen Thousand Five Hundred Ninety Five Ds dollars Prry� se,;p,w,Me . Tran�yM � bYa�W1TNn1 N/A wW - ?YaC anLr 13 pylon ae0wbrX, ❑ lon +Morrea � hwran.epe►�«+rn �P ah board not M 0-0 u hon, "AWW"doawparft Letter kwowtow of default �►b Irrevocable Letter of Credi 2 anab.r»ni0y" hu Counters of First an expiration date H.V. a This Irrevocable Letter. engage to Pay Your dra. of Credit is issued °n us and (s) zn Your fav Offices, Route 55 P.O. Box 310, Aresented or and we to us at our C accomvied by: LaGrangeville, NY 12540 m when r A letter authorized by the Town, by the appropriate Town of WapAincrer, the failure to mai officials the duly It ined m snow plowin road, declaring a default in q, b.eq ntai Robin Lane, riot includinq U cul--de-sac. q at Kent Road and end' nq in a � This Letter of Credit in favor of the Town replaces and cancels Letter Issued b F of WapPinger in the amount of o£ Credit #229 Y zrst Hudson Valley Bank and $213,773.00 issued with the understanding this new Letter 4229) be returned to the Ba.nkthat the original Letter of Credit is g of Credit +ta ao Pn,.,q.e deiv alrr n, title w 4auanoe or Mre: R.ntp„t da erMnNa} b, a a» �r;an� or ew vm cra k � � D°a""�ry� c,.en n your �arau.: n it WWW by negm"w; aomrdanco wllh w M 0,W The A ��e hx Dpp G mug be naNe °^ dre.nwp. of ow Ihis edrkd by a+e W* weft (I ahp, � 0* Wft of our blrrc'M+, be "Od CO,ft �"0'• V, y Seal (original only) Tft o vpe�a� First National Bank of the Hudson Valley Authorized G III PERFORMANCE BOND SECURED BY A LETTER OF CREDIT WHEREAS, the undersigned, DOROTHY KLEIN and 77 J D Corp. (formerly James A. Klein, Inc.), both with an address at 2029 Route 9, Fishkill, New York 12524, heretofore made application to the Planning Board of the Town of Wappinger to approve a subdivision of lands more particularly described in a subdivision map entitled NICOLE FARMS SUBDIVISION, filed in the Dutchess County Clerk's Office on April 7, 1989, as Map No. 8705; and WHEREAS, the Planning Board granted final subdivision approval by Resolution dated December 12, 1988 subject among other things to certain off site public improvements being made and constructed consisting of intersection improvement at the west side of Kent and All Angels Hill Road, as detailed on plans made by Barger, Gray & Railing dated August 30, 1988, and amended by the Planning Board at their October 1996 meeting, and as further set forth in the letter of Joseph E. Paggi, Jr., P.E., Engineer to the Town, dated November 7, 1996; and WHEREAS, Town Law 6'>77 construction, installation and dedication of the said off site public improvements and obligations; and WHEREAS to secure the obligation to guarantee the construction, installation and dedication of the required off site public improvements and )bligations by 77 J D Corp. (formerly James A. Klein, Inc.) and Dorothy Klein, L principal officer and shareholder of the undersigned 77 J D Corp. (formerly James 1. Klein, Inc.) has further agreed to personally guarantee the obligations set forth in this performance bond. NOW, THEREFORE, the undersigned Dorothy Klein and 77 J D Corp. (formerly Ames A. Klein, Inc.) will truly make, construct, complete the said off site mprovements, and agree to perform all of the said off site intersection improvement Dnstruction in accoprdance with the standards maintained by the Town of Wappinger DEC 09 '96 10:36 REED AND REED P.2 and the letter of the Engineer to the Town dated November 7, 1996, and in accordance with all applicable Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger, no later than October 1, 1997. Upon construction and completion of the said Off site intersection improvement construction set forth above,_ abd upon request of the Town, the undersigned will dedicate same to the Town, free and clear of any liens or obligations as set forth in the Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger. As security for this obligation,including sums sufficient to pay for attorneys' or consultants' lees in the event the undersigned defaults hereunder, the undersigned will hereby deliver to the Town of wappinger the following security for the faithful performance of the obligations the undersigned has undertaken hereins a letter of credit issued by First rational Bank of the Hudson valley, bearing number 229 and issued in favor of the Town of Wappinger in the sum of $27,500.00, securing the obligation sot forth in this Performance Bond. The undersigned Dorothy Klein and 77 J D Corp. (formerly James A, Klein, Inc.) further binds his/her, their, its hears, executors, administrators, successors or assigns as the case may be, for the faithful performance of the obligations set forth herein. As additional security for this obligation, Dorothy Klein, an officer and share holder of 77 J A Corp. (formerly James A. Klein, Inc.), further joins in the execution of this document for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder by 77 J n Corp. (formerly James A. Klein, Inc.). The undersigned further acknowledges that if any default remains in the performance of the obligations created hereunder, the lots within the subdivi:a.ion will no longer be eligible for building permits until such defaults are cured. Dated: December ' , 1996. Dorothy Kqein 77 J D Corp. by Dorothy (glei t, President t. Dorothy Til in STATE OF NEW YORK } )ss.. COUNTY OF DUTCHESS ) On the I A day of December, 1996, before me personally came DOROTHY KLEIN, to me known to be the individual described in and who executed the foregoing document, and she acknowledged that she executed the same. 4 STATE OF NEW YORK ) )ss.. COUNTY OF DUTCHESS ) Pm k coymm =in PdM 000* QMM"Me0"r*'1ziM It On the T -o' day of December, 1996, before me personally came DOROTHY KLEIN, to me known, who, being by me duly sworn, did.depose and say that she resides at 2029 Route 9, Fishkill, New York, that she is the President of 77 J D Corp. (formerly James A. Klein, Inc.), the corporation described in and which executed the foregoing instrument; and that she signed her name thereto by order of the board of directors of said corporation. fATMKJ.00"QR . M-1— N� d inPutnerr%`ap�y 0MM *0m Exes SW 12,19W STATE OF NEW YORK ) )ss.. COUNTY OF DUTCHESS ) On the 41-4' day of December, 1996, before me personally came DOROTHY KLEIN, to me known to be the individual described in and who executed the foregoing document, and she acknowledged that she executed the same. ok �rdi�.00i7i� `f PMM1Mrnt �ee�lbA96 First National Bank of the Hudson Valley 123 Main Street Fishkill, NY 12524 (914) 896-7644 September 24, 1997 Town of Wappingers Zoning Administrator 20 Middlebush Road Wappingers, N.Y. 12590 RE: Dorothy Klein and 77JD Corp., Formerly known as James A. Klein, Inc., Letter of Credit #341-96 Amount $27,500.00 To Whom It May Concern: Please be advised that The First National Bank of the Hudson Valley has extended the above referenced Letter of Credit, which has a maturity date of 11/19/97, for an additional one year period to expire on 11/19/98. All other terms and conditions therdunder shall remain in effect. Should you have any questions regarding this matter, do not hesitate to contact me at 914-838-1544. .1 raham or Vic -President James A. Klein Dorothy Klein 77JD Corporation y 7' . . . . .............. Guarding Our Communities' Assets JAMES A. KLEIN, inc, 0 Builders I Plaza 9 - 2029 Route 9, Suite 203 - Fishkill, N.Y. 12524 - (914) 897-4384 / Fax: (914) 897-3238 December 9, 1.996 Don Close, Zoning Administrator Town of Wappingers 20 Middlebush Road Wappingers Falls, NY 12590 Dear Mr, Close, Enclosed is original signed and notarized Performance Bond Secured by a Letter of Credit. Very Klein tnciosure cc:e Elairt Snowden, Town Clerk Albert Roberts, Esq. hand -delivered f PERFORMANCE BOND SECURED BY A LETTER OF CREDIT WHEREAS, the undersigned, DOROTHY KLEIN and 77 J D Corp. (formerly James A. Klein, Inc.), both with an address at 2029 Route 9, Fishkill, New York 12524, heretofore made application to the Planning Board of the Town of Wappinger to approve a subdivision of lands more particularly described in a subdivision map entitled NICOLE FARMS SUBDIVISION, filed in the Dutchess County Clerk's Office on April 7, 1989, as Map No. 8705; and WHEREAS, the Planning Board granted final subdivision approval by Resolution dated subject among other things to certain off site public improvements being made and constructed consisting of intersection improvement at the west side of Kent and All Angels Hill Road, as detailed on plans made by Barger, Gray. & Railing dated August 30, 1988, and amended .by.the,Planning Board at their October 1996 meeting, and as further set forth in the letter of Joseph E. Paggi, Jr., P.E., Engineer to the Town, dated November 7, 1996; and WHEREAS, Town Law. 9277 requires that the developer guarantee the 11construction, installation and dedication of the said off site public improvements 11and obligations; and WHEREAS to secure the obligation to guarantee the construction, installation and dedication of the required off site public improvements and obligations by 77 J D Corp. (formerly James A. Klein, Inc.) and Dorothy Klein, a principal officer and shareholder of the unlersigned 77 J D Corp. (formerly James A. Klein, Inc.) has further agreed to personally guarantee the obligations set forth in this performance bond. NOW, THEREFORE, the undersigned Dorothy Klein and 77 J D Corp. (formerly IIJames A. Klein, Inc.) will truly make, construct, complete the said off site 11improvements, and agree to perform all of the said off site interse;-tion improvement 11construction in accoprdance with the standards maintained by the Town of Wappinger DEC 09 '96 10-.36 REED AND REED P'2 and the letter of the Engineer to the Town dated November 7, 1996, and in accordance with all applicable Local 'Laws, Ordinances, Rules and Regulations of the Town of wappinger, no later than October 1, 1997. Upon construction and completion of the said off site intersection improvement construction set forth above,., as}d upon request of the Town, the undersigned will dedicate same to the Town, free and clear of any liens or obligations as set forth in the Local Laws, Ordinances, Rules and Regulations of the Town of wappinger. As security for this obligation, including sums sufficient to pay for attorneys' or consultants' fees in the event the undersigned defaults hereunder, the undeirsigned.will hereby deliver to, the-Town.of Wappinger, the following security for the faithful performance of the obligations the undersigned has undertaken hereins a letter of credit issued by First National Bank of the Hudson valley, bearing number 229 and issued in favor of the Town of wappinger in the sum of $27,500.00, securing the obligation set forth in this Performance Bond. The undersigned Dorothy Xlein and 77 J D Corp. (formerly James A. Klein, Inc.) further -binds his/her, their, its heirs, executors, administrators, successors or assigns as the case may be, for the faithful performance of the obligations set forth herein. As additional security for this obligation, Dorothy Klein, an officer and share holder of 77 J D Corp. (formerly Jamas A. Klein; Inc.), further join! in the execution of this document for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder by 77 J n Corp. (formerly Jame: A. Klein, Inc.). The undersigned further acknowledges that if any --default remains in th, performance of the obligations created hereunder, the lots within the cubdivi:s_io will no longer be eligible for building permits until such defaults are cured. Dated: December 914, 1996. r ' Dorothy lein 77 J D Corp. QS. ' Doroth Kl in, President c Dorothy ein STATE OF NEW YORK ) )ss.. COUNTY OF DUTCHESS ) On the gf{ day of December, 1996, before me personally came DOROTHY KLEIN, to me known to be the individual described in and who executed the foregoing document, and she acknowledged that she executed the same. ". 100' M C01rfl STATE OF NEW YORK ) COUNTY OF DUTCHESS ) } On the q day of December, 1996, before me personally came DOROTHY KLEIN, to me known, who, being by me duly sworn, did.depose.and say that she resides at 2029 Route 9, Fishkill, New York, that she is the President of 77 J D Corp. (formerly dames A. Klein, Inc.), the corporation 'described in and which executed the foregoing instrument, and that she signed her name thereto by order of the - board of directors of said corporation. MFUCGCMRaL N*YP1s *, $M6 of MewYafc FGe�lrabon No: 4tCa5055561 STATE OF NEW YORK) twig ;n Putnam Ca!Nq CO hs' �'VNW Pah 12,1M }ss.. COUNTY OF DUTCHESS } On the �'u day of December, 1996, before me personally came DOROTHY KLEIN, to me known to be the individual described in and who executed the foregoing document, and she acknowledged that she executed the same. F'i1TRfCK d. CO IRELL N*YPd*,8ft01NffY0rk No. 01P505 I OMW M Putnam ftay G0MMWM WMFeb.12,1998 `TP9 P�A IN NY k FLA.. crt� A=USS NMY TO:( } POUGHKWSM � NY () WAPPIIvGERS "ADNCrrW TO PRo%CnCr IN:YACONN. FACSIMILE TRANSMITTAL DATE: 25 TO: OSS �ntl FAX NO.: )q7— YZE FROM: ALBERT P.—ROBERTS. ESQ. RE:'C1)LC FILE NO: TOTAL NUMBER OF PAGES COMMENTS: J. (incIuding this sheet) If you do not receive all pages, please call idan McFadden at (91.4) 298-2000. The documents accompanying this telecopy transmission contain information from the law firm Of Vergilis, Stenger, Roberts & Pergament which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. Xf you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately so we can arrange for the return of the original documents t us at no cost to you. C NC -VERGILTS, STE`IGER, RORERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 GERALD A. VERGIUS; FAX (914) 298-2$42 LEGAL ASSISTANTS: KENNM M. STENGER ALBERT P ROBERTS DALE O'DONNEL L IRA A. PERGAN46NT AMY E. WOODARD ANTONIA T. LUCIA POUGHKFE?$M OFFICE JOAN F. GARRETT— 276 MAIN MALL THOMAS R. DAVIS PO'UGHKEEPSiE NY 12601 CHRIS MULAR.ADELIS (914) 4S21045 `TP9 P�A IN NY k FLA.. crt� A=USS NMY TO:( } POUGHKWSM � NY () WAPPIIvGERS "ADNCrrW TO PRo%CnCr IN:YACONN. FACSIMILE TRANSMITTAL DATE: 25 TO: OSS �ntl FAX NO.: )q7— YZE FROM: ALBERT P.—ROBERTS. ESQ. RE:'C1)LC FILE NO: TOTAL NUMBER OF PAGES COMMENTS: J. (incIuding this sheet) If you do not receive all pages, please call idan McFadden at (91.4) 298-2000. The documents accompanying this telecopy transmission contain information from the law firm Of Vergilis, Stenger, Roberts & Pergament which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. Xf you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately so we can arrange for the return of the original documents t us at no cost to you. C NC NOU-25-1996 11:11 UERGI<_IS,STENGER et al FELDMAN-JACOBSON ABSTRACT COFFMATION 94 Market Street, Poughkeepsie, NY 12601, (914) 454-1171 FAX# (914) 454-3720 October 24, 1996 John Reed, Esq. Reed & Reed 75 Market Street Poughkeepsie, NY 12601 P.22/24 RE: Title No. 961.0040468 Klein e o n`of-Wappinger REVISED REPORT Dear Sir: Enclosed please find revised preliminary report for title insurance covering the above captioned transaction. The premium due remains $373.00 with an extra chain charge of $126.00. Kindly review the report and advise at your earliest convenience when the closing will take place so we can arrange our schedule to attend. If you have any questions, please do not hesitate to call our office. Very truly yours, FELDMAN-JAepBSON AB BY: RAF bb Enclosures CC: Albert Roberts, Esq. . Feiaman CORPORATION 14 v C se> NOU-25-1996 11:11 VERGILIS,STENGER et al Number 96-1.0-040468 CERTIFICATE FOR TITLE INSURANCE Issued by CHICAGO TITLE INSURANCE COn[pANY P. 03/24 Chicago Title Insurance Company, a Missouri Corporation, herein called the Company, certifies to the Applicant named on the following page that an examination of title to premises described in Schedule A has been made in accordance with its usual procedure and agrees to issue the ALTA (10-17-92) Owner's or Lender's form of insurance policy as modified by the New York Coverage Endorsements in the amount and for the transaction set forth herein and subject to the exclusions from coverage and the conditions and stipulations therein contained. After the closing of the transaction, in conformance with the requirements and procedures of the Company, the Company will issue the policy and except (i) all loss or dama4e by reason of the estates, intcrestt, defects, objections. liens, encumbrances and other matters set forth in Schedule B herein that are not disposed of to the satisfaction of the Company prior to such closing or issuance of the policy (ii) any questions or objection coming to the attention of the Company before the date of closing, or if there be no closing, before the issuance of the policy. IN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Issued by: FELDMAN JACOBSON ABSTRACT CORP. 94 MARKET STREET POUGHKEEPSIE, NY 12601 (914) 4541171 Dated: Certified by; Au otuod Sif�— Rcdated: by: A Lahonxed Signature Questions concerning the within Certificate should be directed to: CHICAGO TITLE INSURANCE COMPANY By. e, _ie ATTEST: F,-2 S.LcRnry This certificare is intended for lawyers only. Such exceptions as may be set forth herein may affect marketability of title. Your lawyer should be consulted before taking any action based upon the contents of this certificate. The Company's representative at the closing hereunder may not act as legal advisor to any of the parties or draw legal instruments for them. Such representative is permitted to be of assistance only to an attorney_ it is advisable to have your attorney present at tl:e closing. Reorder Farm No. 10881 (Rev. 1 o/92) % G NOU-25-1996 11:12 UERGILIS,STENGER et al P.04/24 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Title No. 9610040468 Effective Date: October 08, 1996 Owner's Policy to be issued: ALTA 10.17-92 Owner's Policy Proposed Insured: Town of Wappinger Leasehold Policy to be issued: ALTA I0-17-92 Leasehold Policy Proposed Insured: Loan Policy to be issued: ALTA 10-17-92 Loan Policy Proposed Insured: Borrower: Amount $25.000.00 Title to the FEE SIMPLE estate or interest in the land described or referred to in this commitment is at the effective date hereof vested in: PARCEL I: TITLE VESTED IN: Dorothy Klein. Title acquired by deed from James A. Klein, Inc. dated 7/12/94 and recorded 8/7./94 in Liber 1947 of Deeds at page 1.74. PARCEL II: TITLE VESTED IN: 77 JD Corp, formerly known as James A. Klein, Inc. Title acquired by deed from Walker Holding Company, a New York Partnership by James A. Klein and Bernard L. Klein dated 12/15/86 and recorded 12/29/86 in Liber 1730 of Deeds at page 676. TITLE VESTED IN: John- J. Hurley and Margaret Hurley, husband and wife. ,Title acquired by deed from Sharon Homes at Nicole Farms. Inc. dated January 03. 1994 recorded January 20, 1995 in Liber -1956 of Deeds at page 275. The land referred to in this certificate is described as follows: SEE ATTACHED DESCRIPTION SCHEDULE A lL�oc sZ) NOU-25-1996 11:12 UERGILIS,STENGER et al P.05i24 Page 1 of 8 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A. DESCRIPTION PARCEL I Title No: 9610040468 .ALL that certain lot, piece or parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, as shown on the plan entitled "Nicole Farms" filed in the Dutchess County Clerk's Office as Map.No. 8705, being more particularly described as follows: BEGINNING at a point along the northerly line of Kent Road and said point being the intersection of the northerly line of Kent Road with the southerly line of Lot No. 37 and being distant North 71' 39' 24" East 26.44 feet from the southeasterly. corner of Lot No. 37 with the northeasterly corner of Lot No. 38 as shown on a certain map entitled Nicole Farms" and filed in the Dutchess County Clerk's Office .as filed map No. 8705; thence in a northerly direction along the easterly line of Lot No. 37 on a curve to the left with a radius of 45.00 feet and a length of 76.20 feet and being on a chord bearing and distant of North 23° 08' 38" East 67.42 feet to a point along the westerly line of All Angels Hill Road; thence in a southerly direction along the westerly line of All Angels Hill Road, South 25° 22'. 08" East 50.89 feet to the intersection of the westerly line of All Angels Hill Road with the northerly line of Kent Road; thence in a westerly direction along the northerly line of Kent Road, South 710 39' 24" West 50.89 feet to the point of beginning. PARCEL II ALL that certain lot,- piece or parcel of land situate in the Town of Wappinger, County! of,;-Dutchess and State of New York, and being a 50 foot wide roadway as shown on the plan entitled "Nicole Farms" filed in the ;Dutchess County Clerk's Office as Map No. 8705, said roadway being more particularly described as follows: BEGINNING at a point along the northerly. line of Kent Road and said point being the intersection of the northerly line of Kent Road with the southeasterly corner of Robin Lane with the southwesterly corner of Lot No. 38 as. shown on a certain map entitled Nicole Farms and filed in the Dutchess County Clerk's Office as filed map No. 8705; thence in a westerly direction along the northerly line of Kent Road, South 78" 22' 58" West 54.75 feet to a point; thence North 89° 33' 32" West 50.88 feet 7rc+no7nrTn, L7 V 1+(/�So NOU-25-1996 11:13 UER51LIS,STEN5ER et al P.06/24 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A DESCRIPTION Page 2 of 8 Title NO: 9610040468 to the southwesterly corner of Robin Lane; thence generally in a northerly direction along the westerly line of Robin Lane and th'e easterly line of Lots 1 through 19 of the aforesaid filed map the following courses and distances; thence on a curve to the left with the radius of 25.00 feet and a length of 39.24 feet to a point; thence North 010 37' 02" West 631.54 feet to a point; thence on a curve to the right with a radius of 845.00 feet and a length of 389.77 feet to a point; thence North 240 48' 41" East 601.88 feet to a point; thence on a curve to the left with a radius of 1065.00 feet and a length of 533.70 feet to a point; thence North 03° 54' 04" West 120.12 feet to a point; thence on a curve to the lett with a radius of 25.00 feet and a length of 21.03 feet to a point; thence on a curve to the right with a radius of 50.00 feet and a length of 94.41 feet to a point; thence North 030 54' 04" West 51.70 feet to the intersection of the northwesterly corner of Robin Lane with the northeasterly corner of lot No. 19 of the aforesaid filed map; thence in an easterly direction along the northerly line of Robin Lane and the southerly line of the lands of now or formerly Rodriguez, North 860 05' 56" East 50.00 feet to the intersection of the northeasterly corner of Robin Lane with the northwesterly corner Of lot No. 20 of the aforesaid filed map; thence generally in a southerly direction along the easterly line of Robin Lane and the westerly line of Lots 24; through 38 of the aforesaid filed map the following courses and distances: thence South 03° 54' 04" -East 51.70 feet to a point; thence on a curve to the right with a radius of 50.00 feet 'and a length of 94.41 feet to a point; thence on a curve to the left with a radius of 25.00 feet and a length of 21.03 feet to a point; thence South 03° 54' 04" East 120.12 feet to a point; thence on a curve to the right with a radius of 1115.00 feet and a length of 558.76 feet to a point; thence South 240 48' 41" West 601.88 feet to a point; thence_ on a curve to the left with a radius of 795.00 feet and a length of 366.71 feet; thence South 01" 37' 02" East 627.66 feet to a point; thence on a curve to the left with a radius of 25.00 feet and a length of 39.23 feet to the point of' beginning. DESCRIPTION `2> 6( 6 6 NOU-25-1995 11.13 UERGILIS,STENGER et al • P.07/24 Page 3 of 8 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A DESCRIPTION Title No: 9610040468 ALL those certain sight easements situate in the Town of Wappinger, County of Dutchess land State of New York, as shown on the plan entitled "Nicole Farms" filed in the Dutchess County Clerk's Office as Map No. .8705, said easements being more particularly described as follows: EASEMENT I BEGINNING at a point along the northerly line of Kent Road and said point being the intersection of the northerly Zine of Kent Road with the southeasterly corner of .'Robin Lane with the southwesterly corner of Lot No. 38 as shown on a certain map entitled Nicole Farms .and filed in the Dutchess County Clerk's Office as filed map No. 8705; thence in a northerly direction along the easterly line of Robin Lane on a curve to the right with a radius of 25.00 feet and a length of 39.23 feet to a point; thence in an easterly direction over and through Lot No. 38, North 76° 36' 07" East 681.68 feet to a point along the northerly line of Kent Road; thence in a westerly direction along the northerly line cf Kent Road with the southerly line of Lot No. 38, South 74° 05' 42" West 617.72 feet to a point; thence' South 78a 22' 58" West 40.40 feet to the point of beginning. Said easement ,is located on a portion of Lot No. 38 as shown on the aforementioned subdivision'map. EASEMENT II BEGINNING at a point along the northerly line of Kent Road and said point being the intersection of the northerly line of Kent Road with the southwesterly corner of Robin Lane and the southeasterly corner of Lot No. 1 as shown on a certain map entitled Nicole Farms and filed in the Dutchess County Clerk's - Office as filed map No. 8705; thence in a westerly direction along the northerly line of Kent Road with the southerly line of Lot No. 1 North 89° 33' 32" West 35.12 .feet to a point; thence North 83° 47' 39" West 473.83 feet to the southwesterly corner of Lot No. 1;' thence in an easterly direction over and through Lot No. 1, South 87° 07' 30" East -532.60 feet to a point along the westerly line of Robin Lane; thence in a southerly direction along the westerly line of Robin Lane on a curve to the right with a radius of 25.00 feet and a length of 39.24 feet to the point of beginning. Said easement is located on a portion of Lot No. 1 as shown on the aforementioned subdivision map. NOU-25-1995 11:13 UERGILIS,STENGER et al CHICAGO TITLE INSURANCE COMPANY SCHEDULE A DESCRIPTION Page 4 of 8 Title No: 9610040468 P.Oei24 ALL that certain 25 wide 'water line easement situate in the Town of wappinger, County..of, i Dutchess and state of New York, as shown on the plan entitled "Nicole Farms" filed in the Dutchess County Clerk's Office as Map No. 8705, said easements being more particularly described as follows: BEGINNING at a point along" the._easterly line of Robin Lane and said point being the intersectionn of the easterly line -of Robin Lane with the intersection of the southwesterly corner of Lot No. 25 with the northwesterly corner of Lot No. 26 as shown on a certain map entitled Nicole Farms and filed in the Dutchess County Clerk's office as filed map No. 8705; thence in an easterly direction along the division of Lot No. 25 and Lot No. 26, South 710 09` 56" East 457.95 feet to a point along the westerly line of All Angels Hill Road; thence in a southerly direction along the westerly line of All Angels Hill Road and the easterly line of Lot NO. 26, South 210 39' 46" West 25.03 feet to a point along the easterly line of Lot No. 26; thence in a westerly direction over and through Lot No. 26, North 7111 09` 56" West 456.65 feet to a point along the easterly line of Robin Lane; thence in a northerly direction along the easterly line of Robin Lane on a curve to the lef t with a radius of 1115.00 f eet and a, length of 25.00 feet to the point of beginning. Said easement is located on a portion of Lot No. 26 as shown on the aforementioned subdivision map. DESCRTPTION 2 0 0� so NOIR -25-1996 11:14 UERGILIS,STENGER et al P.09i24 CHICAGO 'TITLE INSURANCE COMPANY SCIEDULE A DESCRIPTION Page 5 of 8 Title No: 9610040468 ALL those certain drainage easements situate in the Town of Wappinger, County of Dutchess and State of New York, as shown on the plan entitled "Nicole Farms", filed in the Dutchess County Clerk's Office as Map No.• 8705, said easements being more particularly described as follows: EASEMENT I HEGINN.tNG at a point along the easterly line of Robin Lane and said point being the intersection of the easterly line of - Robin Lane with the intersection of the southwesterly corner of "Lot No. 28 with the northwesterly corner of Lot No. 29 as shown on a certain map entitled Nicole Farms and filed in the Dutchess County Clerk's Office as filed map No. 8705; .thence in a northerly direction along the easterly line of Robin Lane with the westerly line of Lot No. 28, North 240 48' 41" East 12.51 feet to a point; thence in, an _easterly direction over and through Lot No. 28 South 67" 02' 11" East 385.93 feet to a point,along the westerly line of All Angels Hill Road; thence in a southerly direction along the westerly line of All Angels Hill Road and the easterly line of Lot No. 28 and Lot No. 29, South 190 42' 06" West 25.04 feet to a point along the easterly line of Lot No. 29; thence in a westerly direction over and through Lot No. 29, North 670 02' I1" West 388.16 feet to a point along the easterly Zine of Robin Lane; thence in a northerly direction along the easterly line Of Robin Lane and the westerly line of 'Lot No. 29, North 24° 48' 41' East 12.51 feet to the point of beginning. Said easement is located on a portion of Lots No. 28 and 29 as shown on the aforementioned subdivision map.' EASEMENT lI BEGINNING at a point along the northerly line of Kent Road and said point being the intersection of the northerly line of Kent Road with the .southerly line of Lot No. 1 and said point being distant South 830 47' 39" East 208.66 feet -from the southwesterly corner of lot No. 1 as shown on a certain map entitled Nicole Farms and filed in the Dutchess County .Clerk's Office as filed map No. 8705; thence in a northerly direction over and through Lots 1 through 14 the following courses and distances; North 01" 00' 00" East 1012.61 feet to a point; thence North 18'0 46' DESCRIPTION NOU-25-1996 11:14 CIERGILIS,STENGER et al P.10/24 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A DESCRIPTION Page 6 of 8 1 Title No: 9610040468 36" East 797.32 feet {filed Map 792.52'} to a point along the southerly line of Lot No. 15 of the aforesaid filed map; thence in' a westerly direction along the southerly line of Lot No. 15, North 77° 01' 20" West 409.20 feet to the'soiithwesterly corner Of Lot No. 15 of the aforesaid filed map; thence in a northerly direction along the westerly line of Lots 15 through 19 and the easterly line of the lands of now or formerly Metzger, North 2° 30' 10" East 170.00 feet to a' point; thence North 01° 10' 12" West 255.65 feet to the northwesterly- corner of Lot No. 19 of the aforesaid filed map; thence in an easterly direction along the northerly line of Lot No. 19, North 86' 05' 56" East 325.00 feet to a point; thence in a southerly and easterly direction over and through Lot No. 19 the following courses and distances: South 03° 54' 04" East 122.56 feet to a point; thence North 870 52' 00" East 220.35 feet to a point; thence North 85° 54' 26" East 280.45 feet to a point along the westerly line of Robin Lane; thence in a southerly direction along the westerly line of Robin Lane the following courses and distances; thence on a curve to the left with a radius of 50.00 feet and a length of 5.45 feet to a point; thence on a curve to the right with a radius of 25.00 feet and a length of 21.03 feet to a point, South 03° .54' 04" East 12.50 feet to a point along the easterly line of Lot No. 18 of the aforesaid filed map; thence in a westerly and southerly direction over and through Lot No. 18 through Lot No. 2 the following courses and distances: South 870 52' 00,► West 370.00 feet to a point; thence South 020 021 29" West 317.77 feet to a point; thence. South 18" 46' 36" West 889,.13 a paint; thence South 01 'D feet to 00' _00" West 857.38 feet to a point; thence South 83" 47' 39" East 279.49 feet to a point along the westerly line of Robin Lane; thence in a rly direction along the westerly .line of Robin Lane South o01°e 371 02" East 25.23 feet to the northeasterly corner of Lot No. -1 of the aforesaid filed map; thence in a westerly and southerly direction over and through Lot No. 1 the following courses and distances: North 83° 47' 39" West 280.64 feet to a point; thence South Ol° 00' 00" West 127.52 feet to a point along the northerly line of Kent Road; thence in a westerly direction along the -northerly line of Kent Road, North 83° 47' 39" West 40.17 feet to the point of beginning. Said easement is located on portions of Lots Nos. .l through 19 as shown on the forementioned subdivision map; DESCRIPTION 2 Z 4 so NOU-25-1995 11:15 UERGILIS,STENGER et al P.11i24 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A DESCRIPTION Title No: 9620040468 Page 7 of 8 pages ALL THAT CERTAIN piece or parcel of land situate. lying and being in the Town of Wappinger, County of Dutchess and State of New York and more particularly described as follows: EASEMENT III BEGINNING at a point along the westerly line of Robin Lane, said point being the intersection of the westerly line of Robin Lane with the northeasterly corner of Lot No. 18 as shown on a certain map entitled Nicole Farms and filed in the Dutchess County Clerk's Office as filed Map No. 8705, thence in a westerly direction along the northerly line of Lot No. 18 South 87 Deg. 52' 00" West 844.24 feet to a point along the easterly line of lands of now or formerly Metzger; thence in a northerly direction along the easterly line of lands of Metzger North 01 Deg. 10' 12" West 125.00 feet to the northwesterly corner of the herein described parcel; thence in an easterly direction along the lands of Metzger and the southerly line of the lands of now or formerly Rodrigues, North 86 Deg. 05' 56" East 325.00 feet to a point; thence in a southerly and easterly direction over and through Lot No. 19 the following courses and distances. South 03 Deg. 54' 04" East 122.56 feet to a point:, thence North 87 Deg. 52' 00" East 220.35 feet to a point; thence North 85 Deg, 54' 26" East 280.45 feet '-to a point along the westerly line of Robin Lane; thence in a southerly direction along the westerly line of Robin Lane on a curve to the left with a radius of 50.00 feet and a length of 6.45 feet to a point: thence on a curve to the right with a radius of 25.00 feet and length of 21.03 feet to the point of beginning. 23 o 5r� NOU-25-1996 11:15 UERGILIS,STENGER et al P.12/24 CHICAGO TITLE INSURANCE COMPANY SCHEDULE A DESCRIPTION Title leo: 9610040468 Page 8 of 8 pages Said easement is located on a portion of Lot No. 19 as shown on the aforementioned subdivision map. Subject to a 10 foot wide water shut off easement along the southeasterly corner'of the herein described parcel. 2,4 DESCRIPTTf1iV NOW—�S-199b 11 1 ULKU i L l�n y 5 1 LNULK et al r' . L -W 44 l.H1l,AbU I ! s Lt I%UHANCE COMPANY ALTA 100-17-92 OWNER'S COVERAGE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM CCVERAGE CONTAINED IN SCHEDULE R AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri Corporation (The Company), insures as of the Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance state in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested in other than as stated therein; 2. Any defect in or lien or encumbrance on the titlz; 3. Unmarketability of title; 4. Lack of right of access to and from the land; 5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest as shown in Schedule A of this policy. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. EXCLUSIONS FROM COVERAGE - OWNER'S The following matters will be expressly excluded from the coverage of the policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning Laws, ordinances, or regulations) restricting, regulation, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a`change in the dimensions or area of the land or any parcef of which the land is or was a part of; or (iv) environmental regulations accept to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchase for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or clamage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. k. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on; (i) the transaction creating the estate or interest insured by this policy W ms deemed a fraudulent conveyance or fraudulent transfer; or 0 0the transaction creating the estate or interest insured by this policy being deemed a preferential transfer, except where the preferential transfer results from the failure: (a) to timely record the instrument or transfer; or (b) of such recordation to impart notice to a. purchaser for value or judgment or lien creditor. SPECIAL NEW YORK COVERAGE • OWNER'S If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening or Encumbrances, except real estate taxes, assessments, water charges and sower rents. NOU-25-19SE 11:16 UERGILI5,5TENGER et al P.15/24 CHICAGO 'TITLE INSURANCE COMPANY SCHEDULE B -1 Title No. 9610040468 The policy will not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses which arise by reason of the following exceptions unless they are disposed of to our satisfaction: 11. Policy will except any state of facts that would be disclosed by an accurate survey and/or a personal inspection of premises. 12. Policy will not insure the exact location, dimensions or boundaries of the premises herein,without an accurate survey_ 13. Dotes on Filed Map No. 8705. 14. Declaration of Restrictions in Liber 1832 page 122. 15. Pole line easements in Liber 1817 page 507, Liber 1820 page 498 and Liber 739 page 367. 16. Proof is required to show that Dorothy Klein has not been known: by any other name in the 10 years last past. If she has been known by another name, all searches must be amended and run against such name and title is subject to returns, if any, on such amended searches. 17. Subject to the terms and conditions of an Irrevocable Offer of Cession as set forth in Liber 1956 cp 274 18. Declaration of Covenants in Liber 1970 cp 397. THE FOLLOWING IS FOR INFORMATION ONLY: The Foreign Investment in Real Property Act (FIRPTA) became effective January 1985. Real Estate transactions which involve the disposition of interest by a "Foreign Person" (as such term is defined by Section 1445 (f) of the Internal ,Revenue Code) are subject to compliance with the provisions of this new statue. ALL PARTIES WILL BE REQUIRED TO PROVIDE_ PHOTO -IDENTIFICATION AND SOCIAL SECURITY NUMBERS TO THE COMPANYTS REPRESENTATIVE AT CLOSING. The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant. s CHEnTTT,F: R - 1 277 4 %` CHICAGO TITLE INSURANCE COMPANY Title No. 9610040468 TAXES, ASSESSMENTS, WATER RATES AND SEWER CHARGES which are liens on real property ASSESSED VALUATION: LV FV EXEMPTION: CODE: ASSESSED TO: ADDRESS: NUMEROUS STREETS ACRES OR DIMENSIONS: TOWN OF SCHOOL DISTRICT: VALUE: COUNTY OF Dutchess PROPERTY CLASS CODE HOW DISPOSED OF R E T U R N S (Some of the items returned hereon may have been paid but payment not officially posted. Receipts for such items should be produced on closing.) NOT APPLICABLE Our policy does not insure against taxes, water rates, assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of the streets on which the premises to be insured abut._ TAX SEARCH 2gJ� S6 NCU-25-1999 11:17 UERGILIS,STENGER et al CHICAGO TITLE INSURANCE COMPANY Title No. 961004046$ TAXES, ASSESSMENTS, WATER RATES AND SEWER CHARGES which are liens on real property ASSESSED VALUATION: LV 40.000 SCHOOL. DISTRICT: FV 150,000 Wappinger CSO EXEMPTION: CODE: VALUE: ASSESSED TO: Hurley, John and Margaret ADDRESS: 37 Robin Lane ACRES OR DIMENSIONS: 2.62 Acres TOWN OF Wappinger Falls TAX MAP NO. 19-6258-04-607303-00 COUNTY OF Dutchess PROPERTY CLASS CODE 210 H. 1' 124 IOW DISPOSED OF R E T U R N S (Some of the items returned hereon may have been paid but payment not officially posted. Receipts for such items should be produced on closing.) Property no located within an Agricultural District 1996 State, County and Town Tax - $1,492.9a Paid 2-16-96 1996-97 School Tax - $ 3,297.60 Paid 10-16-96 Sewer and water or other assessments, if any, receipts to be produced. (NOTE: Should we, Title Company, be required to take Escrow for any Tax reason there is a $35.00 Service Fee.) Our policy does not insure against taxes, water.rates: assessments, and other matters relating to taxes which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax'search nor our policy covers any part of the streets on which the premises to be insured abut. TAX SEARCH 2-9 v S a NOU-25-1996 11:17 UERGILIS,STENGER et al P-IE/24 CHICAGO TITLE INSURANCE COMPANY Title No. 9610040468 MORTGAGES Mortgagor John J. Hurley Margaret Hurley Mortgagee Bank United of Texas, FSB Amount 170,000 Dated 1-3-95 Recorded 1-20-95 Liber 2227 Page 100 Assignment to Wells Fargo Bank. NA dated 3.1.96 recorded 5.1=96 in Liber 72 ap 428 IF THE ABOVE MORTGAGE(S) IS TO BE DISCHARGED OF RECORD, ARRANGEMENT FOR i PAY-OFF LETTER(S) (INCLUDING PER DIEM) MUST BE PRESENTED AT OR PRIOR TO CLOSING. This commitment does not purport to show all the terms and provisions of the above mortgage(s). Interested parties should communicate with the holder(s) thereof to consider the terms thereof, the obligation(s) secured and the effect of any Unrecorded agreements in modification thereof. MORTGAGES 36 '� So NOU-25-1996 11:17 UERGILIS,STENGER et al NOTE S, ALL LOTS TO BE SAME AREA AS SHOWN, 2. ONE PRINCIPAL DWELLING UNIT PER LOT. 3. A O.C.H.D. APPROVED PRECAST CONCRETE SEPTIC TANK OR A' STEEL TANK COMM. TYPE UL 70 OF ADEQUATE SIZE MAY BE USED IN LIEU OF CONCRETE BLOCA TANK. 1. A 1,^CC GALLON SEPTIC TANK SMALL BE USED FOR A 3 BEDROOM HOUSE. INCREASE CAPACITY OF SEPTIC TANK 150 GALLONS PER ADDITIONAL BEDROOM. S. INCREASE CAPACITY OF SEPTIC TANK SO% IF GARBAGE DISPOSAL UNIT IS INSTALLED. 6. ALL LATERALS SMALL BE OF EQUAL LENGTH. 1S0' MAX.1 7. INCREASE TILE FIELD 20*/a IF GARBAGE DISPOSAL UNIT IS iNSTALLFD. 8. NO LATERALS SHALL BE PILACEO BENEATH A DRIVEWAY. 9. ALL LAUNDRY AND KITCHEN WASTES SHALL BE DISCHARGED INTO THE SEWAGE SYSTEM, 10- NO FOOTING, CELLAR, OR ROOF DRAIN SHALL BE DISCHARGED INTO THE SEWAGE SYSTEM. It. NO SEWAGE DISPOSAL SYSTEM SHALL BE PLACED WITHIN 3S' OF ANY STORM DRAIN PIPE OR WITHIN 100' OF ANY LAKE, POND WATER COURSE OR WET AREA. 12. THERE SHALL BE NO TREES WITHIN 16 OF ANY TILE FIELD AREA. 13. THE MINIMUM SEPARATION BETWEEN AN UPHILL WELL AND A DOWNHILL TILE FIELD SMALL BE ICO'. THE MINIMUM SEPARATION BETWEEN AN UPHILL TILE FIELD nND A DOWNHILL WELL SHALL BE 200'. la, THE 0-C.H.D. SHALL BE NOTIFIED PRIOR TO THE BACKFILLING OF ANY COMPLETED SEWAGE DISPOSAL SYSTEM SO THAT A FINAL INSPECTION BY A 0 C.H.D. REP. CAN BE MADE, 15. THERE SHALL BE NO FURTHER RESUBDIVISION OF ANY OF THE LANDS SHOWN ON THIS PLAT WITHOUT THE APPROVAL OF THE D.C.H.D. 9 THE PLANNING BOARD OF THE TOWN OF WAPPINGfR. 16- SEWAGE SYSTEMS SHALL BE INSTALLED IN THE EXACT LOCATIONS SHOWN ON THIS PLAT, 17, PRIOR TO TIME START OF ANY CONSTRUCTION, THE PROPOSED SEWAGE DISPOSAL AREA SHALL BE INSPECTED BY THE CONTRACTOR 9 THE O.C.H.D, TO AGREE ON THE EXACT LOCATION OF THE SYSTEM. IB, CONSTRUCTION OF APPLICABLE WATER B SEWAGE FACIUTIES IN THE SUBDIVISION SHALL CONFORM TO PART 74 OF THE OFFICIAL COMPILATION OF CODES, RULES 6 REG'S Of THE STATE OF NEW YORK, TITLE 10. 19. THE CONDITIONS NOTED ON THE O.C.H.D, CERTIFICATE OF APPROVAL ARE AN INTEGRAL PART OF THIS SUBDIVISION APPROVAL, AND COMPLIANCE IS REQUIRED. 20. ANY P.Y.C. PIPE USED IN THE CONSTRUCTION OF ANY SEWAGE DISPOSAL SYSTEM SHALL CONFORM TO A.S.T.M. DESIGNATION D3350• 21. ALL FILL USED FOR INSTALLATION OF THE SEWAGE DISPOSAL SYSTEMS SHALL BE APPROVED BY THE O.C.H,D. BEFORE SUCH FILL IS DEPOSITED . 2. LOT OWNER SHALL BE RESPONSIBLE TO SEE THAT ALL FILL REQUIRED BY THE D.C.H.D. FOR TME SEWAGE DISPOSAL AREAS IS INSTALLED AS PER THIS PLAN. :3. THERE SHALL BE NO REGRADING ON ANY LOT UNLESS SPECIFICALLY INDICATED ON THESE PLANS. :4• TOE OF SLOPE OF FILL INSTALLATIONS SHALL BE PLACED A MIN. OF 10' FROM THE PROPERTY LINE. , �'��`' j-G��.%/1(�S(/!^.ir. ; /bGYl4LY.d�' .P.�NitrE,rEF.p ,Sri .!/��fvi�C ✓�Y./j'� .f�,+>¢' �eCIJ�+C-��; .G�✓%�•�i/!� �XI�FiF1'.!/f'6��t ;//mss! `vs�i+lie'.s�Y�-ar�zr��'►►'cr�"q�.sr��rxr.i,�c+ des �/�'G��.cT' aF ��•a��.v /r�mi2�o .�,s,r�� 1� �.�cir�,� .i�rc.,ePrv�s{lie� r��.�G7� ./ 'oaYEl,��2i/.7/LiIY�✓�'./.r/A� .�[['J`.iG+S'��r/ .•acs.i.� ..cam.-�.��i�'�- ..�lF'�i%d� .(%f✓�FL�r �.!f��i✓.G?.!/Gi!/rji C d� /C �� •r' ./��il �.SJ'a4 e&c/%�'iavOFi+�'/,rfS f L�' �'�►Iv,.e7 tom` �� AYE-/�>►f,�/v d�Ydv� �� .-- � Er�s,�-.,u� .ter .��►ra�a .o�i�.ad:�bi PRI "et P. 19/24 31 '� Sc�- 77JD CORP. 2029 ROUTE 9, SUITE #203 FISHKILL, NY 12524 (914) 597-4384 FAX #(914) 897-3238 November 22, 1996 Donald Close Town of Wappinger Zoning Administration 20 Middlebush Road Wappingers Falls, NY 12590 RE: Town of Wappinger Takeover Nicole Farms Roads Dear Don, NaV22� 0 ZONING gQM,NlSTRATpR At the Town of Wappinger Town Board Meeting on November 25, 1996, I have requested the Town Board takeover roads at Nicole Farms. With reference to that I have enclosed the following: 1. Letter of Credit from 1st Hudson Valley Bank in the amount of $116,595.00 which represents Maintenance Bond for one (1) year {this replaces Letter of Credit #229 in the amount of $213,773.00 of which must.be returned to the 1st Hudson Valley Bank, ATTN: James Leary, Senior Vice President, Route 55, P.O. Box 310, LaGrangeville, NY, 12540. 2. Letter of Credit in the amount of $27,500.00 which is a Completion Bond for the work to be completed on the western side of All Angels and Kent Road. 3. Bill of Sale from Dorothy V. Klein, 77JD Corp. for all water/sewer drain pipes and conduits. 4. Maintenance Bond secured by Irrevocable Letter of Credit signed by Dorothy V. Klein, 77JD Corp. Age 2 /AA title policy has been delivered to Albert Roberts, Esq. of Vergilis, Stenger, Robert & ergament, 1611 Route 9, Wappinger Falls, NY, 12590. I understand there was also a letter delivered to Elaine Snowden, Town Clerk from Graham Foster, Road Superintendent approving the road takeover. If you require any further information please contact my office at (914) 897-43 84. Very trul your J77�Rp- Klein cc: Albert Roberts, Esq. Elaine Snowden, Town Clerk rf � { L //V �VOV221 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS CHRIS MULARADELIS 'ADMMED TO PRACTICE IN NY & FLA. -ADMITTED TO PRACTICE IN NY & CONN. November 19, 1996 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 Town Board, Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 1;1 All T z Attn: Hon. Constance O. Smith, Supervisor Re: Nicole Farms Dedication of Roads, Easements and Other Improvements Our File No. 12949.0098 Dear Connie: LEGAL ASSISTANTS: DALE O'DONNELL AMY F. WOODARD POUGHKEEPSrE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: POUGHKEEPSIE WAPPINGERS raga° -"z Afev In connection with the Dedication of Roads, Easements and o ' ther improvements made in connection with the Nicole Farms Subdivision, please be advised that I have examined the following instruments tendered by the developer: 1. Copy of undated Deed from 77 J.D. Corp., f/k/a James A. Klein, Inc. to the Town of Wappinger for the road known as "Robin Lane"; 2. Copy of Deed from 77 J.D. Corp., f/k/a James A. Klein, Inc., and Dorothy Klein to the Town of Wappinger, containing 0.013 acres of land from Lot 37, to be used for road purposes; 3. An undated Indenture creating two (2) "Site Easements," one through Lot I and one through Lot 38; 4. An undated Indenture creating two (2) Drainage Easements, one through Lots 28 and 29 and the other through Lots 1 through 19 from 77 J.D. Corp., f/k/a James A. Klein, Inc. to the Town of Wappinger; and Hon. Constance O. Smith, Supervisor November 19, 1996 Page 2 5. An undated Indenture creating a twenty-five foot Water Line Easement through Lot 26 from 77 J.D. Corp., f/k1a James A. Klein, Inc. to the Town of Wappinger. The above documents were also accompanied by appropriate Gains Tax Affidavits and E&A Forms where necessary. I have examined all of the above documents and find the same in proper form. The developer has also provided a Title Insurance Report issued by Feldman -Jacobson Abstract Corp., as agents for Chicago Title insurance Company, bearing Title No. 96-10-040468, in favor of the Town of Wappinger covering title to the above roads and Easements. I have also reviewed the Title Report and find the same satisfactory. The title premium is to be paid by the developer simultaneously with the recording of the Deed. I am enclosing the cover sheet and Schedules "'A" and "B" to the Title Report to be retained by Elaine Snowden, Town Clerk. Please note, a Drainage Easement previously tendered by John J. Hurley and Margaret Hurley had been approved by me previously, the Original of which is on file with Elaine Snowden, Town Clerk. The Hurley Easement is part of this subdivision and has to be recorded simultaneously with the other documents and is insured by the above title policy. Upon acceptance of these roads, the developer is to have the documents recorded and returned, together with a copy of the filing receipt from the Dutchess County Clerk's Office and a paid receipt from Feldman -Jacobson Abstract Corp. indicating the Title Policy has been paid in full. Upon acceptance of the Deeds and Easements by the Town Board, Supervisor Smith will be required to execute the Gains Tax Affidavits. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APRJjwm Enclosure cc: Elaine Snowden, Town Clerk Donald Close, Zoning Administrator,/ Joseph E. Paggi, Jr., P.E. Graham Foster, Highway Superintendent John Reed, Esq. NOU-25-1996 11:1e UERGILIS,STENGER et al F.20i24 A LI I F1832na€ l22 22 DECLARAiI0,1 OF RESTRIC110E5 I U h e x e a s the undersigned, 3AXFS A. KLEIF, INC., s New York corporation Raving its offices at 231 Route 9, wappinger Falls, N&J York owns ALL that piece or parcel of land situate, lying and being in the Tann of Slappinger, County of Dutchess and Stats of New Yoxk, showA on a map entit3ed "NICOLE FAM" filed in the Dutehess i County Clerk's Office on as' Kap No. 8705; and N h e r e a s the undersigned desires to make and impose cOvenanCS, conditions and restxictions on 911 the lots described an the said map; N o u , Therefore , the undersigned duly imposes the 'within DECLARATION OF RESTRICTIONS as covenants, conditions and restrictions on all the lots set forth on the said map entitled "NICOLE FARMS" filed in the Dutchess County Clerk's Office on April 5, 19$9 as Man No. 8705. SEE SCHEDULE A ATTACH HERETO .J DUTCHEZ COUNTY CLEWSO�IC5 nrca`!EO ON T _LI.DAY OF ACL ° RSCOROED MFILE NO.F 19 C ..T�"�'M, EDOK II a 93 �d�/4Nd .XAISINF� A7 E P.�O FEE r + E E—D JNCEE;EIJ-eY "7—,o e � �'"_ ut .J NOU-25-1996 11=18 01 UERGILIS,STENGER et al P.21/24 9 SCHEDULE A RESIDENTIAL SUBDIVISION RESTRICTIONS I. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached dwelling for one -family or housekeeping unit not exceeding two and one-half stories In height (or in the event of a dwelling house constructed on the so-called "split level" plan. not exceeding two and one-half stories in height at any point above the top of the foundation directly under such point), and a private garage for not more than three cars. No trade or business of any kind shall be suffered or permitted on any lot other than the office of a doctor, dentist, lawyer, teacher or member of some Similar profession conducted by a member of the family or housekeeping unit occupying the dwelling on such lot as a residence, and provided that no sign advertising such office or use shall be permitted which is over one square foot in area. 2. So long as James, A. Klein Inc. owns any of the lots in the subdivision no build- ing shall be erected, placed or altered on any lot, nor shall building operations of any kind ba commenced, until the construction plans and specifications, and a plan shoving the location of the arructurc, have been approved by James A. Klein Inc. which I approval of such James A. Klein Inc. shall nor be unreasonably withheld. 3. JAMES A. KLEIN, INC, reserves for itself, its successors and assigns, easements for the installation and maintenance of utilities (including water and gas pipes or mains; telephone and electric lines and poles; and other necessary equipment) and - drainage and/or storm sewers and/or sewage facilities at the following places: (a) within the beds, or at the sides, of any and all streets to be Installers in the tract; • 33 a 5ca I NOU-25-1996 11:19 UERGILIS,STENGER et al P.22/24 LISR .S32na 124 _124 and (b) over the rear and side ten feet of each lot, Such installation may be made and maintained for the purpose of furnishing utilities and drainage and/or 'storm severs and/or sewage facilities to other parts of the tract or adjoining properties, JAip.S A. KLEIN, INC. further reserves for itself, its successors and assigns, the right to enter upon the said land for the purposes of maintaining said utilities, and drainage and/or storm sewers and/or sewage facilities, or to extend or remove any of the same and the further right to trim, cut and remove trees and brush to the extent necessary to clear said wires, lines, poles, drainage facilities and other installations by at least ,six foot; and an additional easement to erect, in any part of any lot, guy lines and bracts required in connection with poles erected as aforesaid. .TAMES A. KLEIN, INC. further reserves for itself, its successors and.assigns, the right to use any part of the tract owned by it or by any grantee to whom it specifically assigns such right (irrespective of the size of such part) for supplying water and/or drainage and/or saver facilities to any part of the tract and/or the real property adjacent thereto and for the erection and maintenance of any structures or appurtenances incidental thereto. rhe rights and casements granted and reserved to JAMES A. KLEIN. INC., its sa.cessors and assigns, by this paragraph shall not pass to therantee of any y portion of the tract by virtue of the execution by JAMES A. KLEIN. INC. or by any successor in interest to it, if a deed to such portion but shall pass only by a specific conveyance and/or f sasignment of such rights and/or easements. G. No noxious or offensive activity shall be carried on upon any lot not shall knything be done thereon which may be or become an annoyance or nuisance to the Leighborhood. r 34-o�so NOU-25-1996 11:19 UERGILIS,STENGER et al P.23/24 5• No uncompleted building, structure of a temporary character, trailer (except A construction office trailer(s) and/or storage trailer(s) of JAMES A. KLEIN, INC. or its asaigns) , basement, tent, shack, garage, barn or outbuilding shall be used on any lot at any time as a residence, either temporarily or permaneatly. 6. No animals, livestock, oroult p ry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any cotmmercial purpose. 7- These covenants are to run with the land and shall be binding on JAMES A. KLEIN INC. and all persons claiming under is for a period of tvnety-five years from the date these covenants are recorded, after which time said covenants shall be automacicaIly extended for successive periods of five years unless an instrument signed by the then records owners of Siz of the lots covered by these restrictive covenants has been recorded agreeing to terminate, or to change, the said covenants in whole or in part. Any deed =de by JAMES A. KLEIN. INC. in respect to any of the said lots to it,_ or by any successor in interest to it, or any person claiming under It, in respect thereto, Shall be and remain subject CO the covenants, restrictions and easements hereinabove set forth. 9. The enforcement of these convenancs shall be by proceeding at law or in equity against any persons violating or attempting or threatening to violate, any covenant, either to restrain violatlan or -to recover damages or for a specific performance, it being understood, however, that no enforcement proceeding (for damages or otherwise) shall be'brought against JAMES A. KLEIN, INC. unless it be the owner of the lot or lots an which'the'violation then oxista or is threatened, In the event JAMES A. KLEIN, INC. institutes any action at lav and/or equity to enforce any provision herein and/or - � ; _ 3S4s NOU-25-1996 11:19 UERGILIS,STENOER et al P.24i24 UaEt BMIGE 126 126 recover damages with respect thereto, if said JAMES A. KLEIN. INC, is the successful Parry in Such action it shall be entitled to recover its reasonable attorney's fees in addition to any other relief granted by the Court. 9. :No'property other than the lots specifically enumerated above shall be deemed subject to'this'declaration unless and until Specifically made subject thereto. 10, Invalidation of any one of these covenants or restrictions by judgment or Court order shall in no wise effect any of the other provisions which shall remain in full force and effect. il. Subject to the rights of way of any telephone or telegraph company or electric light or power company or any other public utility as now established, granted or to be granted, and also any drainage, sewer or water easements or ocher easements as set forth an the aforesaid recorded map or as may be required by the Lown of Wappingers hereafter. 12. JAMES A. KLEIN, INC. reserves the fee to the land shown as any road (a) on the aforesaid map until such time as the same is (are) deeded to and accepted by the .1 Prapriate municipal authority as a public highway. 13. From the division line between lots 27 and 28 to the division cine between lots F33 and 35 on said map the lots along All Angels Hill Road on the westerly side thereof shall be restricted to the extent that there shall be ne planting of trees or shrubs and no erection of any structures on such lots that will block the existing scenic view that exists along All Angela }till Road looking in a westerly direction. This shall not however preclude the construction of a single family residence on each such lot. IMAM e 0 R It R�Es7 c+. 7s :IT' POUG;4� 136 6� 5-0 TOTPL P.24 ** ***** **** -JOURNAL- **************** ** ** DATE NCU-25-1996 ***** TIME 11:32 ******** NO. 3-7 4 5o COM PAGES FILE DURATION X/R IDENTIFICATION DATE TIME DIAGNOSTIC 01 OK 001 055 00.00'28 RCU 9142985144 NCU-20 17:01 0150270337000 02 OK 005 056 00.02'34 RCU 519 457 9200 NCU-21 09:02 C0542BO332000 03 OK 001 057 00:00'46 RCU 914738693? NCU-21 10:44 0150260230000 04 OK 002 058 00:00'59 RCU 914 4?1 0905 NOU-21 11:07 C0542BOP37000 05 OK 002/002 060 00:01'08 XMT s 2274041 NOV-21 12:14 0840460;30000 06 OK 011 061 00:04'5? RCU NOV-21 12:34 0110270337000 07 490 001 062 00:00'46 RCU 9148763450 NOU-21 13:33 0050260230000 OB OK 001 063 00:04'19 RCU 9145611410 NOV-21 13:45 0150260432000 09 420 000 00:00142 RCU NCJ-21 14:28 0010260200000 10 CK 001 064 00:00'53 RCU WESTCOTT COMM INC NOU-21 14:30 0150260230000 11 OK 004/004 065 00:00'55 XMT 8 5656737 NOU-21 14:50 C9044BO337000 12 OK 004/004 066 00=00'54 XMT s 5658737 NOU-21 14:52 C9044BO337230 13 OK 002/002 068 00=00'55 XMT S 89?3577 NCU-21 15:0? 28404?0R37000 14 OK 005/005 067 00:01'03 XMT s 5658737 NCU-21 15:09 Ce044BO337000 15 OK 002/002 069 00:00'42 XMT s 2971959 NOU-21 15:19 2840470337000 16 OK 002/002 070 03:00148 XMT s 3652149 NOU-21 15:21 084047OP37000 1? OK 003/003 071 00:01'24 XMT s 4730284 NOU-21 15:54 F840460A32000 18 OK 002/002 072 80:01'23 XMT 8 2974993 NOU-21 15:56 A64247OR37000 19 OK 001 073 00:00'51 RCV NOR176 NOV-21 16:25 0153260C32000 20 OK 001 074 00:00'47 RCU 2982187 NOV-21 16:56 0150260A30000 21 OK 002 0?5 00:01'22 RCU 914 635 3347 NOU-21 18:57 0150260230000 22 OK 002 076 00:01131 RCU 914 -29? -0395 NOU-21 21:23 0150260432000 23 OK 001 - 077 00:00'46 RCU 9147386937 NCU-22 09:59 0150260230000 24 OK 011 078 00:05'04 RCU 914 694 4501 NCU-22 10:07 0150270337000 25 OK 001 0?9 00:01'52 RCU HCTFAX BY SMSI NOV-22 10:36 0150260432000 26 OK 002/002 080 00:00'37 XMT s 4862460 NOU-22 14:23 0840470337000 27 OK 002/002 061 00:00'59 XMT S 12129223688 NCU-22 16:11 084047023?000 28 420 000 00:00'41 RCU NOV-23 14:30 0010260200000 29 OK 001 082 00:00'45 RCU 914 562 5201 NOV-23 14:33 0150260C32000 30 CK 002/002 083 00:00146 XMT s 6944501 NOU-25 09:54 68404?0337000 31 OK 001 084 00:00'51 RCU 9147386937 NOU-25 10:06 0150260230000 32 OK 024 085 00:08156 RCU NCU-25 11:23 C0142B033?000 -TOWN OF WAPFINGER - 914 297 4556- 558- 37450 NOU-25-1996 11:22 UERGILIS,STENGER et al VERGILTS, STENGE.R, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAS/ 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12,590 (914) 298-2000 GERALD A. VEROILIS10 PAX (914) 293-2942 LEGAL ASSISTANTS: KENNETH M. STENGER DALE O'DONNELx ALBERT P. ROBERTS AMY E. WOODAR.D IRA -A. FERGAMEWIT ANTONIA T. LUCIA MUGHXEMISIE OFFICE JOAN F. GARRETT" 276 MAnq MALL THOMAS R DAVIS POUGHREMISIE, NY 12601 CMUS MULARADELIS (9]A) 452-1046 • rip 1'&AC IN NY I7� & PLA. ADDRESS RZ?LY To. ( ) % OuGxjcMn1E nv rrr () WnPPA'GERS "ADMITIW TO PRACTICE INNYACONN. FACSIMILE TRANSMITTAL DATE: 25 TO10V CIZE,2,-0A(! i FAX NO.: FROM: AL ERT P. ROBERTS, E S RE: u LC F'AeAAj FILE NO: (2-M�- TOTAL NU.[BER OF PAGES _ �� (including this sheet) i If If you do not receive all pages, please call Jdan McFadden at (914) 298-2000. The documents accompanying this telecopy transmission contain information from the lawfirm of Vergilis, Stenger, Roberts & Pergament which is confidential andlor legally privileged. The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited, and that the documents should be returned to this firm immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately so we can arrange for the return of the original documents to us at no cost to you. C - NC J 38 a� S4) NOU-25-1996 11:22 UER31LIS,STENGER et al 1.- .....r a �mem .are of dldO rad erlrr +alv,bte w e!'Yanrlaty a det4Ouk earpe.at!■o lrrue en priittfp,l crap ge°r��aoq t1i• waft wborat 6e.M ftweral H A%E.. Year Y'jru„p� �, (.erleegr.l at Z4t SeatA wvenuc Pw ftrr rd.rw Ca. R Sleeak 1■ h, k adt.,A r ed. !er a:du,gord here h d,ma■the Todusaelo4 h4•ie I Its fainelpal este (Mrd rd; lie- Valk. and errs ,airy. and revery, ar eaera.ne tee br tr+wf(a)) and pe.ey(ty a4n laid eerfaruten(el, and ■■ej .rflve.artll/1x•s •1,•y,.6•Ir No lhltett, sfrrar:a4 a4d'aaiare1Ww rh. rdutas eve rhe tlretrie, 8316 Me tufflam ieu�ev e4 tbek ressreti•f �• - tee" .ideh thronrhaar ;`to molest 106 ,wirer %ad" FV&rnd dreb9 utat4rrleatios I4tipl l f. bet e, Rohrd�3� dleeaea and 6dlaeenl thrrnse. f;ft"d i�,eo -7- t9oe4 q ' � F� °a tA. 16440 of tAt urderri eL iaelpJin f tmdyi see Otud 4. Cavr%t of Igawq, ! ar.ahe Aft � � S Spee of Nov, 7wk �~ 4' -$-'Ii,ff�_z� .�e�ahtt.yrc ,Jtx.,kM.w:'�:_,_�ill. y�i�.03j:��lT �UsF«"-�Ci r.•A d t,�,K Together with the ►enYnat hake 4t W theta le ha,e ■4454■-•••y....-••'_.....:••...•_•--•—�r� eheeee.4 avd i taMtaatt. ae4nee rrJeea tlteroon atrou tec•rwaa-"-'^_.._••••�� eq [ee•rd 1 said ea t+. in.d 644 E,inre end to froeee4 r Nettie. of %103 vadenirMadA to tMset e .meat. such (aediriat, f%evttd coed � tntfadiaL Om tree IMatlel to lute■ o N i �ea1r `Of �4•e. i4, ower ■4d 11-411.0 for Meh Prn 4f -14 co ati nk the and dveta aed ati other aPperta.arta Ord 6xroae adaptable cl Ile craawgt. ■i t9rru 1 their t'83Mnin t4equer0. 8,54[44 =a se■ena. Sad provided tArO in aur,. Iraee; reap. u4de city w eart■ed ,a4lf hr old wrP3r . ebeir P' love and %wan 4eedt, u,t■ oaf fur•. jew ■mlep as art;ve ,Tri Clumak nrseen" waecnrott afrlrue of Ituee,, sLa 1 be adwesMt n thr P"PIrb awned y the Torethtr w:eh the parammon l r:ahl al■e Io trfuL am and l 4 n the ettpette of the Paras Pe et she sMusir4ed. 4s is ehv sa16 itdrnave nl said►corpe 4! atq then tock 0Mtrfel or coda41.r the cant be+t!h pees 844 Means 46fear thano4 4.4 a. dian.r thon"64 wbire t+erliee4 aIn, * ,. rw th.4i4str4rnt sal sddhnl Ms fuiiititf resotherore aad lnpet. may Interin. rete h4r*ahrr k er4a.rtntra !a ewer. r aeon■■ rwd ea■eeeteh SS i4 eight thea lndte N j shuecattwft an6 ELL t s at of dRtdYp evlti•vu Ch1 vt'� wlthiv then Ilstila d said eu0tas; aed sAae sal/ trhu tach Ih% rot {nentrn wilt teoClsFight i The gMdn- S around a hereieaher set stele The ease locatfe4 of Said estegtest sad 1454 4 l0 4 no 404 dentiaati to t! ,1614 faa7i%i4 and then nevi da,Er4ied by "Id ewrPer,Jau be•in 14aer►al[ tette IM tarftsa: nmrme calf eeeperat;utta. [ hgxy te,lAe eri4ir- neem dlrtnles "Kwj aid ped ohm 414th d p144t red NGinte Lrn :rw and'!aw and 0 -fl %ed t n its j r. �e Mhaqd t rteair w" of said tasrwrna "I hot lnerfere wi e*oeria[ t*a>taemal NwM, and rhe firht to ere,■ and raarMteR w,yhga ++rinn ave sure% sbali be Qeert6 sad se e4chnu:A .. rbelr%trr a etd3Mger >nidi the Kgba The t ►ark M( Said ea"tfruiau a %hale respaetir g' MAw cr `' A141 rhatl Ik dtdtfulte", dl�ti6 4 alereai4 etrtu hrrval Shaft he biadla r � the• it, of raid Amy g and laviv ! ueeesorr leesns r a■■� c �R Toy 'Signed, bowled and d lirwatpeed, a, gned sad t,id rorwabco6 rpesth�y.t el tA. iris. lap rgatulryJ�vJ/a'. 4rieato�ri:^]I�q�.n,l•k�a_h.r" 1:s the prne.er at, F~ atc/Y" = �[.....}•;(LZ) 11fLi�loaAr AcllfowLSDOsxtifT. rrArs 01' lfsw TORK Con Iltf■,� .,day vim._--„___.«�._.,-r..._...._._,_.._..,_ � �t ' _19,_, betsrr tae, the oveeerber, perrpyll dneri6rd it cad he tzeeated the fwerv;4r i.atroatr le M.r pertrtl[r known and kp�rq►rwated ,. I... C"lam?1010 AC"01wZ11DGZXjtWT. J. (Mr -fly) duly rtkeewledryd to me that -ham u htedJ ho mf r_ STAT: of _ - cassava, of „ ,.�r,,. �• a,: -- ^ ltotarf htiMee oattwo _ Jar of. 19 '•^--. ) ,below me Porragany Ippeartd . ee residue at.._�.,..._ AAAA.-... .........-.,._.....�..., ..•-._AAAA,._, to me enea4 who Owingb ant • tee eart0nttm) Je,eriSM iuind �llic# -"'y tMt he Is the„• ^. »AAAA PWidtne 7 454/4 ,www, d:d dela ,nal r.r: that iva%rrwtras is evcA dr n executed %hr abs•. laatr@M _ Ol the Nnatw by tAlr ordue. h .nl; that t: -ar ,v ar5aed by ard,t aftthe board a div The SCSI Of cud d eaPentto�: ikai %he 5481 aiRtcrd to .6iQ MMGfxtien; ,nd Ihat M rlgnrd his eEMr TATM Dy XCv&cZNcWLZvcs C t sr Sasscl:zslira artxlls,s 9rA2i D71r6pr tCttt ... ._AAAA.. Cwaq at .,.. ... _^-, �: Nary P•Dfsa .. AAAA . �......._.... on this dal of _ AAAA. ••_....... 11.. ,helm nw It Panavallr ase _ iq .dela i ,tM [did, doom aerva{.red, to ntr tae r•ty twsra, ail d<fvse Lada ensrq ana itnuwq I< rte tr he 1hr wlonlbiM with... est rienrre) V Mu he reddes in .._.., ._.. r 1e tAe lererMinf i.rtrumrnr. rhe. t•inf '.. .. .. _• - . that b• it POrenMtllr ■crraiand trill IAae Coast and Saw personsSi ethe exeeete the,,,re tad that hh 7A (u� � ibl drlyMkyas. Ohl; cru% Ae, the said rWrcrib:*a ■/ewer, 404 2nows 5114 was M said feuunr G1 ao e4ecwrd to .are d char M th.fev 1.drea is M. ny said pan aIbmr.,b" Me MEMO to w:uws. shares.• d subetribl.r w:ma; P. 02/07 ............ Notary Pueiq7u ` a in E() of a a— r W 1z a 19 17 r.• CCnn� -Sal F,,., So .:t t.., a •, S _ ' 1820 .. 4�8 C)n tonPtdrl.G„t, I sly w- r •ti• P'1 M+-• ..'rra'•,e a Tµxu:.en.;. wviN •''e/e<t .:rvr �eusl Kodlon Gar b Evnri[ Crw..r rww, a ta,wr.aue tao•+art.c. r...�w rte': /idU Yat:rG% 7 .t I•.r. c .•. trnr r.c. _• . :,c't •. Avr-int. /'aua>•:.rratr, Kr.. ).%'orb. an/ G"Umws �' a dernit';t carbarniM 1■vrn I ( 1 A MAtL.•rlrr tlY,sli Ft hrrtb+aeltnn. led rd, ISE un ay lir h e R 'Nasals Pl O ;c tes:`tnee ri n6•e/ i t C t ctr trarull -rd enc-e)rt) u-ro Pali eell•araNnn's], and u;t. Al LSrett li-jr pt,yetlivt laer.1- 3 a«l, seu►ws ane. ivrtt. in e.••.'It for A-) ref ro)a:rre to INt tietrrit. ia•. r twrnnr intiov. redutty, int6dine, bn not litniled to. th* .arfy(t,�ivn, wperel.•n an! r.r eJ o•r r4 a� an ice rpdee'.rund OrcNt. a or e PQJ e d r ► +ln�nxalion lanlitia vhi:h tatttntnt ,lull 1. _ !r•a in wtdrh tl:rC•, u4 rU errr�r,u� ti �.. uwdct, qy and .trwr IN renal v1 ts•e rndt•fitned, ihelad:we roadl sd hirhwari • iMrtan and at' :ent thrrrI.. sit, qd :n the /"L s1 Ll/tIl/.J GCQ— COra17 r{ �rtytli¢p State of Now Yarlt, nd•t., Rake •dao.. "Z=M t+r 'W. N,cYAE,_ St,&�,wya�. et�<wl.,,�y,. . f a<E � ,ss •3rs4>,lat c d CC --nu,. H..ascd 1'L'a,rr- LjP F1 Vt., DNA 7v) 3 •' µ 7..tr [hsr Pith 1hr rearmament ttsht at all trtnea-r0 hsre aeaear ike•elrYaUon the rttnlio:nt pvmisc�pr [ht undrniyatd, and lo• eller hely I n, and to chi. race, acne.tactll, jaejj; tl, -p-late and rrrainUin and to plale[t, rtpair, ret•Isce *led r•ma•r, in, *+er and under The pr.ap- ery ' +�•rred Iq *xi: Cas*r.ent. srrh latarlir. GntlttdtaC, bat lir Itwilci la, lines &I =round wnduiu, p)}er, sesame, laid Aldo, awe all wthrr rRrenvnances Ind fxturu ?dill, taller, rev nems• r:rca, spar, lura, rnacr- I 3 react wl said eofop•IuOns, rhrlr teartetive ■e=ceafen. Peas lie and iresn a/a wl la [1.t prcetne lid lvrota nssdf. nut s*d >tur- vndarfilacd •I -••d rr'feh' by Said Mrporilient. treif fee e�lG. a a• and pra.i'Ped that Idtt•sltal tamae• to the prrrerly twond by the . r crtily M raaaille retie daratr. ? e morel fent, hllrtet "asters, shall be adiv.,t! at the eaperra of the pe/aoll 7 L 7 A 3� 10 TrtKl�etl,rr vdh the Permanent ri►M s6a la t••TM can and rrntert aI arty nett Ivcb hush tree* Nd' ether vh;rtn thertan and an sdiatrnl ritl4 0%144 the or rhdaater %lit asnrres.c ,o�.r� +rftj tioaoo.• au itttt�rriats lsl >'a,d riEA *,plat;lw:r rand o' eraap larunte let an6 Rsturranpr .Tf thrn9l. 1'Ir:eh may hereafter be eansaructod in. swr, r Across Paid raaenernl. said Pith, shall include i.�e tiRk. er rte thlwies! rneana of brash Ind tree r4, the rea ert;ltia therei allerr 0{ said rantnent, had then only rF,th such dots not Intuhre wulr the lithe a! taa rttdu- dea.d m eult;nte the erwnd a hen:naher art 10net The asset It¢at)vn of ui< targnrnc slid l el it to ere ■r eaterw:ntd by s.:d coruorat:or,■ hae)et Prete! y Iht oritie, ftnara] dir*tt:oe and Of r:?d aei dewinstiwt .,] -s attd,I)•e rtOptrernease of utd eorperal:•oe. Rneta•?nt elan or- C.11r,:trst4 the lithe to pisses an eser:a We d rv:liraty lsmn tr." an,l lry erWwhic eenanithO31 rhruss. and else nshi to tram and caw"fat, ys•.:d•t tM%;nex use of said taLtioesnl As:: not interf;:e rritk wh%?rvcl lir cnlaaier sry o: the fifhts trained gahwnaid @rC pret•'d d Char ao l` p- W ether surc:we, ala:: !e mtitad and as !ser+shone, mac rt= err llsrelr17 IY, ' b, .acdcrolik” -:chin the ]:etas■ ur said ass: wrM wilhvvl rre:tten eanitrtt !d laid mfpxrions Cr their reapc:liva sueetsrwP, 1a.:Ka or at • The Itnett hrriol ahhll be Madan; a an a»d imrr t9 the benefit of try hero, ler Fplts[r$a•' t, r¢n a ti m a ■uta d !lid J as wry af7)y to the Underlitned self e7'a7'arst:rvr.�ePt•:eu ely. ate! e � t ! j' _.... Sltnt4 sSale� ar! de[;.. d, set Std ♦ fk Sr {!� �� r /70 ��1 /� C Ie the NcI Nepidint at-. IItDIVIDVA• JCrN0 LSDC=atr 6TLTS Or )GSR YCkL n�L1�' ' L r County al w, 'V: \ L On Chir., --- dal el._ . _ �r..__...... _ 4., . ' s, : �' r'71e Y: 1 .�»beton one. the ■rboul►er. plij.,noseillr aprtif*d Cesaii:d is Litt v-5111cece:ed tba lorttoiar leutrrrntec end .,prq latest peradaa)>y k-tr n lad )nivyitens Ib,gaClhe ui;4duifGl {severally) dray ac�Nrlcttl6-;p.,we tAtl_:Ite�lta.+rvu;:the..twi.� CCRl7Awst�'r CLdDNLCDGiIbbFi. ... .. , ._..- , r ti,v�• Cs than l day ok is Iht set• It bC , ldTas dre lax De:y7y urCstrtd 4-4 _ to 1-4 kar.rn .ha War br ra duly Worn, did dtrcrt Pad lay; thea! htarrideaal=.. �.19H.�VlY�k�. IsI.- J� Pnli6ratarlka'e•?lESPI.,��i.♦1 �tJCr __.,. the aseseratlae deaer{bed is ►ad wdt:eh taautel int &bots {nrtrrtntpt•tlral hr Im•wy the Pal of said torponti•n: tau the na:,t`rrrld to se:. snatr+ltaent is gtt6 tarparate lath: that It +lir ■a al6tcsd :7 stir! 9( ibe Ise■ directors of said rr uta; aryd tags he s:pnd his nave t1t[: [ro ►� elft erdef. 4a( LCL•NOWLZat:rLxT AY l%VfJSCAIpllrt] a:TxLLS,, jy�44�v.tt,.e.. ,�.�,✓><. s;,L_L or xr r TOP ) HO^AJS 11.=lsc>taa hut.*+ Fr61ic '• ., dy o!__:: O:IO'N .XPE' ,-i bIARH �4.� On this.. �t •' r; �' .• �......-.�._..,,�.. _.` . ..,,.,... D.._..helor• an, perjCAs�r►r baa: bwGth whom i stn (rvlecrdmt '•holt o, Nprarally ■ And at ed. to me bstern and kns+n to rhe to be the ct7ltrffiiht rNry N the lare[e:et iwperrmeat, who, besot by say duty r+rvre, did dcpne and at that ht npidas Is .-.....-..,- - _ ., . that hs u ptnahhnty acorainsed Wills and Hanes Wel persons(p) 10 be tkt?tnon(I) destrlbed Ilk and *ler. "tevird the lore air - t an, Pru lutanist and ra- the said paesons,sl exetate e`t as:•a: ted Nit . hr .• (Id[ra11 du r�otiy int• shsl ha, tl,I raid Iul■cribiet titin that -.let- aaetultd the rune and that ,.* thou y) ly deed to hlet, the raid frbttr:birtR witntp4 vara *ub•u:6nd.b:s Dime as Vases thereto. 4 S c :J 4 z 9 c 1SrT.�' L1 L � •" 3 r- � 1-0 M Y ri 4 i LU %r, �+ 1-0 1 .9 2LJ c L' 4 P2rr� r w• a J c i? tel 1 C4 c 4 S NOU-25-1956 11:23 UERGILIS,STENGER et a1 w s� GATED: ACK: aEC•a: CONS. 3{ G� LiBEq: '73? PAGE 36-7 P. 34/0? S,o In eans;rkration of the Strip of S r ��-•••• •^• 3i1J other vyluaWc considCr360,n5, 1111C rtceint whercr)f from Ceniral i•Iudson GAS 3a'.l r 1tiltCtrie Corpurat;on, A Ja,lrestie CWpot'atinn jtacinl; iti.prinripal ofCrcc (residcnee) at 44tt111 Rt -ad (Ito WCCt nut::iicri, Paughkcc]i:iew\ew z in �t ^ ,; {rrsdra:Yerk, i0art'vlctCorporationa' - �"�-Y..�.1; L,i,. .._..,,.,..,-._.. i:i 1wrt•by ackne5wit"g?d,, the iiodcr:'._ttcd hcrrby Cly eonyo(s) ynto. said Crllt+uralio+r(+?. alld car:lrul th4m, t!Icir rc5 ettivc smcesmm nnNigt,5 acrd 1ei3crs, all casement :Ind 6;11t Qi ta3Y 1ncd, intiding roadi a`•1 Itip. eln+athtrCOtt: an•f feet- in WMIll thr..lijO lit its eatrnj.,in, upon, oecr, unser and across the Ivilt of the ulul0fr 4cl ' adjarrnt thcfrtt)r i!t"I" in tiler., Z ! r`. of .�.i,.,�...:_Jr..,.� •'s.,r 11:: s J , , Cr:unt}• of €. =..r. fid:" �f.. . $I; of New York. C....' =i1 castnihnt a)t� ;:.q,: :i1;111 CXtCnd (VOfn th': prollttty line of �t v.� .• : ".�',., ,,. .. ,... ..-._. ,�_.., oa thr...,�.:__ .,:c tilts -w rtp Cirt; nf.. ...�...1,t .�i:.ti.L.Y .... ._._._ „-.... ..... ,..... _. ,..r•.., .. '=_r �..J to llleroilrl s'.Y:nta!tunt, to rv''tice and r,'rtiip Itto a ckoe,%vh:4r:ucn! nt MUVf . ae'rJs, ruurl.L':r):cs; t:!atr, ft.r la:lds, tellonCnt% nitd 11;ret1itatncttt, !o hC feud in •1!b'tne} nett •'t!,ir tvrl:Svtt G:arunlrnts in Lhia �t;rtc, tU preUst llc t: any! a.7 take and teitify atftdacitF antE rltprs5i. ' lit , " , T,leriitar t,il!: ti', right i! .111 tr[t1 3 Cu 44;CPyLhcP.„n'11111 tU hAtC acC 1`i Ihl'.^t l0 and tb COTiFtrurt, Tclbe3te. oprr'rto Arlt Inaint:rin thert.'a end r.l rr]•::ir, rr IISarL'. pt•u.'c! :Ind rvinovv. lints 4l stir., r:rl,lv%. troisarroj, wir,'w, F:nyt, bract , tu;.lrr; r.rur.d cnfiktrti, 3114 al{ 001" ap�tlr- tenl'•.:'• ft re, aria]+IcrT to 16r. rrc:en! ::fol Elmo n,'rd°. 115rs and psn'p!..rs ui viJ e�rP• 19li•�;1{;i, [heir tv,r ,,iv,: Fuece vim a:iirlinS i 11u1 lr.•rc� ' C,•_ !L,•r ,spilt we ri);!t! Io trim, rut a::d rt,wo r at any titnc Me: 11 trrt% WAI ntbi-f bhjrcl5ihl'iC •;t unci os, .,rijirrrt pfo-tcrty of Ilio ;lair . <,rr ive t+:crrr",r<, a•+i;ts an l -hasty , rt's" ieterf: r• will, ObItruct nr ertrlan- n:k!.••; iCrr, I, Ii'• +:I t:,r jn•::'Intnf .'f .a:¢ c.Ifp.+rali•Y.1, i ! 5 - r' I:rr !I:; c, aNn;c::,•;+• •t1+crS7i'•tl •'f ❑riLlllr.:l;ur I;f $;Iit! rt„ �71\, I;lot and tist,lrcr ur ally t31rrL'af• '; I'l1c 00"t l.,r;,;!.7:1 VI •:iid ta':etatnt al,41 Ialri in t.' 1'.• a• dettvrtltf; .! I.>' i;it,l cufporstion(i) Ir,4till¢ rvo;:trd 10 tlr:' •.riM1in, gctltral direelir)n ;} '!c4tinor:,tn +! ra,.l L•)r) ar.,l t! r rC.lrlir•;srrrtt! nl �n:d C •:'ppration:c). !a'H-r1'}nC UI'.S4 the :u:c1,'r?iCG+••! Ifr f! !I! i., 1'::11,'.7:.' tl'ti 1 r,alnit Ior l+V••br: _Sal h1,IPC and 1' ':,4tlisa`.d wires ;&,.I 6,,tweg. provided That {•:':. is+. ,It .:1111 i, l'1'n:llt ni:,t!I );P't :r:ll ria': t',let ..r etl-latic" ;to,,1•t 01.- r:g: ,t5 araw!rl ict jrf •'r.,• A �Iwi rl:'••l *,,kd t!I:Y: r10 h•rtlse or t:thrr rt:tiCtatr +1,171 he cr.•C:r•tl Mill-JU %bf litll.t. L'i I;.r : ti:l of a:l.' ,i:!:,,1:! !!.r u'rtut'n rowen+, ',f r'+td n,r,.,,ru: )un!:7: ar!•! tsrevidert ts,1! tCs, in niain. d1n1.1Cr to rt7,• l,n,ptr:y •)„%4 !.t• 11w C::•!• r•! ::,,"! c;:q•.S •!• lr h,- :milt E'. •r';.•!:rL:• r.l•), tlstir r•:-;wCtivc eltc':...c,.rF. a•••zer, nr Itx• Ie�tcts. tYaii :9 ur ..•toluic:l .;%;.I lint's +,tall be adiustitl at thr a.;'sase of said their rltit'velivc ,nrl;••sryrc. 1•,irm\ Or 'l'i;r pr,:v;sjor, hereof 8:1111 inure to atvl Ui;nl the ltrl•'r, Icttal reprt-u-ititirr., :arCrscgfg, ay,i�nc aro! l••5•Ccr of ,!,c Urdr.rs+$+1Ctl and Slht Corp, tralia+:i,.) rrsl,rcticely. �..,. 'AI•';"_'7 ?\�i�✓., �i n :?iI.'::1, ItiC. .' d':Iiver- A. 13A r 19 uFT? 12Y; .,.. ,.': ! � . ,.� •w,, • ; `._.. �...-•-- , ,, --: {L. S.) rCalcd anri art „�n � ., 7 1 1:11`•r pre;a+u'efol; �' .., ., ,—(L-Stf• //�� QD __ 1. )�._.,.. .,•, i •1c3.: A.�'+,• .t ��. (' f f o2 • 111.••r [t •r ,l, 411,,.•. t..!�+n.-„el • l! roc :!fl't I,:t,r.ti/l t'tn ':l n:nr-;'-, ' r ) F..rrr:) 1JU. S�;Y ; A :r'. ,! +; •!p l'tlr( \r'M.. ..... .., `1,X.._ .............. 1 •, : , i'.gtrrl,f „i "-"`T;19 • I, }'li,�VI:IS 1• *{\Xl►1T+ G•'Crl: •>l tI:C Cr"1nt}• df lit::t:+ lirri 3Ic,) t'!rrlf 14 t17C ,Iry1Y,•fnC f_r'!at fry 11,c C1i•t hiving DO Litihliltk' �I:1tTIIrY. 7hst Cr,ta:e V, Vic WW uli: a l:nr,rt.l,l Itreul7U. a scat, + . . ' r .� '. ! ,'? •'- . �. .' f •ark u'':rlr'd 11l1Cnt nt- ]t1••`le I:ainr i< 411h.crit�:<I 1.. :Ire dtl,•+;n?t n, CvrltlkatC 4 k it NOT,\VY L*VUI.fG In Incl lr,r ,the ' Unth'!:cd i[1+!Ytn1a'a1, %va.i qt tl:C thlle'r,l takilrg 11tq s-iir:e • :kti:C of 1c,r Y•a•'<, tlt:l} r•,:r:wi-xlr:nrlJ :,,%l t.,e,;ru -trill gsalificd t•) act at 1646% tl;rnrt!:lfuur Ole of Itis nppointnimt and 'fit:,!! of \etv �•::fk; d;At ]u;fSulua t0 late S Ct,mrui<Fiut!, r'r :I Ccrtific:,tc lli) Sl,ls:fal'h ?i4Pate:Yt, 1;J1'C Nell (Ilt•d i;1 lit,V k4t:rC:' Ihat 36 EtK1s \ogfy awl! r' l'uLiit h�,c.75 llr.la:ulloriecQ h. lLC I:,tv, of thu 4t:de of \ate Y;Jk to ad;ninkter oaths a,>•I y I s'.Y:nta!tunt, to rv''tice and r,'rtiip Itto a ckoe,%vh:4r:ucn! nt MUVf . ae'rJs, ruurl.L':r):cs; t:!atr, ft.r la:lds, tellonCnt% nitd 11;ret1itatncttt, !o hC feud in •1!b'tne} nett •'t!,ir tvrl:Svtt G:arunlrnts in Lhia �t;rtc, tU preUst llc t: any! a.7 take and teitify atftdacitF antE rltprs5i. ' lit , " , Nits::t: r)r rct••fdCr) 1iar.5: ac:tit,1rC Ian) at lAte.etl 7fith Ilte handwriting of cticljl�utary Public, or have cttnt-; rat ,1st ; ,n;:Vtt imtrurn[ut With his Utn„ r3pll Signature rkpus!tSJ it n)Y ar d t"C :i�r,::!ury ,L1ice. ami 1)efit'vr, Ih:lt the .i_ iture is genuitsc. t It WITNESS NVII1:r1:0f'. 1 hart/.tle{cunto act ink hand 'and the Feat of the said. 1?.? j r�'L! Ct•:)rt antl (:go5'y Ibis �` aY of • ; 1 ,, r: . ctrrk '; ..........,.. . . •.i....................... , .•.. .........r ..................... ;} N40 J-25-1596 11:24 UERGILIS,STENGER et al P.26/0? :This Declaration is made as of.the day of."Nos by'John BUrl*y.and Margaret Hurley,'husband..and,.Wife; 37, 'Robin Lane, Town of Wappinger, Dutchess. 'Count (hereinafter raferred to as "Declarantss).- 1. Declarants .tears the Wner i at. a Farcsl�,iter -.1comitad in the Tovn'of'y8pping4r,... county ofDutchesz-" " New York; and 3wre particularly daac�ribadinit'.. bmrmto,'which property can be' 'fo=d'ln: the .'Dutcftes;•`& `V01* Office Book -of De at jjber-A2J56:et;V&qs. 373. Thm Declarants da&J a,_ta-z*rsarA,4n ■WM 4vithin themain strunturm 6f Ahejr.irexiderjo*_ lomt" :11am in the Town- 72mt the recording of.,this: DeclarziticW4 W, '. ounty C k"s Officaja.w.-CorAition' C : taz'; the -issuance sit,for said 'a="Sary av Lrtmwnt, in iccordaneikix -440.4 of the --.Town Wappinqor.10nitvi va A, vmalarants:;:declar* , for• the -4 the !Ifo'IIOWLN i"ixictic�ns� and covanarts whichin-Sal I be Ejh Town of w4pping r aW'bs- biYding-: tba.1, �riibit I .-The special, por"Sit a OVraf Of-,thaL ,A 7. -at New.York - ONCLUATTOW 07 C :This Declaration is made as of.the day of."Nos by'John BUrl*y.and Margaret Hurley,'husband..and,.Wife; 37, 'Robin Lane, Town of Wappinger, Dutchess. 'Count (hereinafter raferred to as "Declarantss).- 1. Declarants .tears the Wner i at. a Farcsl�,iter -.1comitad in the Tovn'of'y8pping4r,... county ofDutchesz-" " New York; and 3wre particularly daac�ribadinit'.. bmrmto,'which property can be' 'fo=d'ln: the .'Dutcftes;•`& `V01* Office Book -of De at jjber-A2J56:et;V&qs. 373. Thm Declarants da&J a,_ta-z*rsarA,4n ■WM 4vithin themain strunturm 6f Ahejr.irexiderjo*_ lomt" :11am in the Town- 72mt the recording of.,this: DeclarziticW4 W, '. ounty C k"s Officaja.w.-CorAition' C : taz'; the -issuance sit,for said 'a="Sary av Lrtmwnt, in iccordaneikix -440.4 of the --.Town Wappinqor.10nitvi va A, vmalarants:;:declar* , for• the -4 the !Ifo'IIOWLN i"ixictic�ns� and covanarts whichin-Sal I be Ejh Town of w4pping r aW'bs- biYding-: tba.1, �riibit I .-The special, por"Sit a OVraf Of-,thaL ,A 7. -at New.York - NCU-25-1996 11:26 UERGILIS,STENGER et ai shall exist, the Dealarant shall occupy at loans am (1) of the - dwellinq units on the premises. The use and operationof the '.;,4 accessory apartment shall comply with all applicable provisions nt: "' '•�:g the Town of xappinger Zoning Law. Should thorn be a violation . the Town of xappinger Zoning lav or a change of atmarahip, V Special Permit and the Certificate of occupancy for the accessoryX. , apartment shall then bacon* null and void, follovinq a, hearing : before the, Planning board which shall determine that such violation .t�,s cr change of ownership took place, unler.x by reasonaran of Declt/.sAW. `,death, in which instance the permit &hall continua Until ""axyiration of its tarn provided the rs■aininq oeaupants-are x*1&tad Dselarant as rapized by paragraph 2 bales.-Tisaraalts:C;�tAa.. s. �fkKaccupant of tha'accassory apartment -shall have ninety (90) dayW, relocate i the second' kitchan, it any, shall ".be roe ved Eby _Deolaarant f or his auctassor. vitlsitt ■bay,:,(40) days after .the oaaapant: of �thi:= atcas■ory apartment leaves and the house shall revert to a iagZe aR .. .. •.t:•..•.: e� aS �'' z rtxtily status ^'.� Should the naw` o+mer :decide ala-�iivafs_ the., ^`straetuso'ard dssirs to 4 tinua - use ` lani + con at�tlss sacai�d .dwllisiq,t 'under the cord tions i 'wutAorisb4 by .the �teninq Lar o! �tba�tow.�tfy.pf �1+~j'„TJ.,:--.',.; _�--_'."-'iv_:,.•-••,,.::''•;:r•C` '_..,'� .�...'::' `.'. �') 1'`.;117�r•1��'r'''-'•ry�,l: S. ;4Wappingwr,rthan no later than ninety (90)daysprior.to;,�expisatian:" •',�}' `y�`rr -��. ";:��•i, : t'..'.,C^'.1,'.S,t.:�''. `,:, :.i-;",}'.C'1`��.y,,M +,ot the?apeeiai pencil, or,`if ownership changes leas: tl�aa�nie�ety, : "F(90) days prior, to such expiraiisr,�thatt within ninety (90) days et.. in o+/nevshi tea new ower aha j � y the' change p, 11 apply to aha.�lanninq:, . Doa>rd for a Special Vv"it. 2. "T1se oraupant of at least one o!'the 'dteelliaq iiiita pylae Y �.y`,. :+!(�', •/. -••.: ".�::,4.•.rV.'�( ��iS: " ri:i :i!I- "a..i yr: �t:r ,i r.. j.,��].t'. �� '��-}�Q( �:• �iM■ ■hell be ttfs tattier• mot�sr/ wn cr aaughtsr/'°b4•athar� �� . slater, grsndparent�or.QrandaAild o! the.occupant o! the°aaaasaoly, ,'iii% -' � - • +' -� Sarre � ,yt 'ij�.�„,^y.` S Ja 't- - - Nf-S �'^�7a• �Yy�,, �": r �lsr\�,. a f.4i�;vY',tir y~r4JA +`�f`a :Ml�•r s` r' _ ,cs 7... .... - rh •�:. 1., bA7.. [•f]P-.,.. „. F. Gr .. , � . ��':?.��eA',,.,,,�..'�rs3?wr'!i��Y P. 07/07 V OTPL P.07 NOIR -25-1996 11=30 UER31L?S,STENGER et al P.01/04 gy.pf•r, sfJ.4'Sii +;Mv,�rri:q.�j '.d!�AiT"s c=♦'aSi�y`'.=.i¢",P+-..4�1'iiY:?' i;w�!.F.F =ice s `Iaoa Wdoa of for p+eate Wy Llan of Robin Lim wkb, tnn n=bm jetiy aoraer:of L+�t No.cIB a oa s catabt astp Cadded NicoGs Firms and $less la.thoux Dbca Coaauy':O!>i '�s S3ed mzp m. 8703; theaca ib ive$W1y'dh=tkm aloes =tbmr Lbi'anot NCA8 5Q[ii fi 87-3Zd0 sa d QST 84114" to a Pobzgo8 the i+� Iia of lbe�iadi of n fra Pr =iy M&CMW. tbcone is aaosd&dy: dhtetioa tlostg:the eaiorrly.Ibm of tbe'.l:nds of . NORTH Ov-10.12md_WFSI',U3.0014�im DYE.; grace Its is eastair d the lamdt of Met�ss ittdtbie.s Tma of �r laad� of 0" or formally Rcddona. NORTH 8645-M EAST 837.88 fbot to i - poim along dx weswly.tiae of Robin LIM tbeace in a watheriy dhoulon along the aKsta lime of Rabin Lim the follow* w ursa and ilisattca. SOUTH M_54-04 a aloe 5I.70.fees t � L oet a Canto the left nrkh a udbu of 30.00 fent and i leagriz of 94.41.5�o pratim , tha m on a carve w the xlglzt with a.r Liu of 25.00 fcm and a ler,8th of 2_1.03 fixe tri can;"rrxQ 7;s �: _ .;�.r,.. a^s•'ti.Yr.,•t's'.y�,.}. iY�r�3ix,cx•c'r.y�..r..: - �'', �Ye'.{ '��' ��" �•"'� r� � r�lr ` � `�i.ir -t t��'°� x:'. ;�wryCr. 1•Ct{ w• •. � f _ - r� 4� a � �5_' �: ter', � ��+1 �• a .e. ,y; �;°1 �1�'�iJ:+°-i+t'�� S� - i Iry n 'f i ". �,' J aa� tr Sr t�L f'"'�•� ill � � � f+ -'L yyCyy,,x� �ti�,Jf"y,s, s.nY•_:.._ . ,- �t. _. ,� ..• mac._?_....1 C � -.- _ -,4., ,f A'f r . � .. +: �.."_.;lir �'_ L. _n•+C, t�5'r�':�TGti'9r"g►.t]c�..14Ti ��t-_ :. rrfy:f,{;a'.. .. y�i� ffe.�%�r_-�T` :4,,!•., '.♦.'.+:.. r5'. ...tr ti [7�y •Fr�� rfY�7f 'l i~ 1Ywa� :ir�r �� + ^' {'�.r aµ �� rl�i, rN •S ti k ..•v, r�� i+r�►y �r.V••t•yrr� r /►f1 rr`rt�;. rj F4;J -r�'e. __,::a.i•^:.r. �`��-�~�r•.+.. _,. ,... :.�i�_�e��.:'515��?i�f �Y'�'�wyn �:_,� 0 CL TM 0, owER mATEAW VAt, AS JK OAlga"L. twn ,ALM NO. 19- 9 c ri 34Mq r- t :'..� t - _ - 3 -- 'raw )!l 4� '•{ +�j,, F MV No.`S7W _.fir-.- ' r� gy.pf•r, sfJ.4'Sii +;Mv,�rri:q.�j '.d!�AiT"s c=♦'aSi�y`'.=.i¢",P+-..4�1'iiY:?' i;w�!.F.F =ice s `Iaoa Wdoa of for p+eate Wy Llan of Robin Lim wkb, tnn n=bm jetiy aoraer:of L+�t No.cIB a oa s catabt astp Cadded NicoGs Firms and $less la.thoux Dbca Coaauy':O!>i '�s S3ed mzp m. 8703; theaca ib ive$W1y'dh=tkm aloes =tbmr Lbi'anot NCA8 5Q[ii fi 87-3Zd0 sa d QST 84114" to a Pobzgo8 the i+� Iia of lbe�iadi of n fra Pr =iy M&CMW. tbcone is aaosd&dy: dhtetioa tlostg:the eaiorrly.Ibm of tbe'.l:nds of . NORTH Ov-10.12md_WFSI',U3.0014�im DYE.; grace Its is eastair d the lamdt of Met�ss ittdtbie.s Tma of �r laad� of 0" or formally Rcddona. NORTH 8645-M EAST 837.88 fbot to i - poim along dx weswly.tiae of Robin LIM tbeace in a watheriy dhoulon along the aKsta lime of Rabin Lim the follow* w ursa and ilisattca. SOUTH M_54-04 a aloe 5I.70.fees t � L oet a Canto the left nrkh a udbu of 30.00 fent and i leagriz of 94.41.5�o pratim , tha m on a carve w the xlglzt with a.r Liu of 25.00 fcm and a ler,8th of 2_1.03 fixe tri can;"rrxQ 7;s �: _ .;�.r,.. a^s•'ti.Yr.,•t's'.y�,.}. iY�r�3ix,cx•c'r.y�..r..: - �'', �Ye'.{ '��' ��" �•"'� r� � r�lr ` � `�i.ir -t t��'°� x:'. ;�wryCr. 1•Ct{ w• •. � f _ - r� 4� a � �5_' �: ter', � ��+1 �• a .e. ,y; �;°1 �1�'�iJ:+°-i+t'�� S� - i Iry n 'f i ". �,' J aa� tr Sr t�L f'"'�•� ill � � � f+ -'L yyCyy,,x� �ti�,Jf"y,s, s.nY•_:.._ . ,- �t. _. ,� ..• mac._?_....1 C � -.- _ -,4., ,f A'f r . � .. +: �.."_.;lir �'_ L. _n•+C, t�5'r�':�TGti'9r"g►.t]c�..14Ti ��t-_ :. rrfy:f,{;a'.. .. y�i� ffe.�%�r_-�T` :4,,!•., '.♦.'.+:.. r5'. ...tr ti [7�y •Fr�� rfY�7f 'l i~ 1Ywa� :ir�r �� + ^' {'�.r aµ �� rl�i, rN •S ti k ..•v, r�� i+r�►y �r.V••t•yrr� r /►f1 rr`rt�;. rj F4;J -r�'e. __,::a.i•^:.r. �`��-�~�r•.+.. _,. ,... :.�i�_�e��.:'515��?i�f �Y'�'�wyn �:_,� 0 11 UtKWL_1ti51tNU=N e al UC4 IRREVOCABLE OP723t 07 CESSION dated theday of DOOMBbart I all, 1994, from -A jaux uunn 4 muwjw NCR=, husbandwA vifa, sesiaittqAt"',& P 37 RObLA Lana, Wappingers Falls, Now York, hereinafter rafii;i"-tG as the grantor/ to % THE T"rj or VAPPINGRR, a vufticlvelQCrPCw . 'ati.an :IbAV Oft1ca at 20 Middl&Wsh load, .'fapqinars Calls, llsv Ynk" 2590' {1- M. N` heraWrtar referred, to as tIM t" S.'B.Z T WA' tbA tCV Owner the described located -in t4e4o"'Jot Vappi' r ,-'C*Mty. �DVDQ 6ut 9 ofk New Yer., acre p+irticulaily:�dascrib�i�d�as: fir. mane Ld nt�M .b@,'..tho i -line;the tarly:,occiiii-sx; of far to grant, a*" and Convey to the qrantse tarira. dra PurPOGOA, Crus and clear CC liana or encumbrances, all thaea promises situate, lying WW being in the Towri of warWi9sx, Outchowe County, Nov V*r% and more particularly described as 44 NOU-25-1996 11:33 UERGILIS,STENGER et al offer to grant, co4a and convey to the grant@* for drainage purposes, free and clear of lions or encumbranc*a, all tbc&G promLsen situate. lying and being in the Town of W4typinqsr, Outchass County, Nov York and more particularly described as follows QBWinAinq at a point alWV the westerly line of Robin Lane, Said point being the intersection of the easterly line of Robin Lane with the northeasterly corner of Lot No. is as shown on a certain map entitled Hi0*16 F"-" and filed in the cutches County Clarkon office as filed" map no. 4703, thane in 4 westerly direction along northerly line of Lot No. in South 87-52-00 went 244.24.' feet to a point along the easterly line of lands. of 'now or forxwkrly Metzger, thence in a northerly direction j along the easterly line of lands of Metzger North j, 12 West 125.00 feet to the northwesterly corner of herein described parcel, thenca in an sisterly directim ('j along the lands of Xstxger and the southerly line of lands of now or formerly Rodrigues, North 86-03-54 325.00 feat to a point, than=e in a southerly iastarly direction ovaw- and through 14t iso. jq `7 allowing catwass and distances, South 03-54-04 .122.56 f"t to a point. thence North 87-w52-00 East 220.3 fast to a point, thenceNortha%-54-26 Zjwt 200.45-fost'_ to a pointalongthelve'starly ling of'Robin LAMO th in a Southerly diretction almn ths vastswly line of Lane on a - curve to the left with a radius of 50. DO: f and a larmAh of 5.43 fast- to a- point, thonce'an a . right - with' 4. radius at.25.00 feet 'and IwWth.-O 21.03 fact to the point of_ begimijq Sub Wt to toft wido shah,:.o!t`easessnt al 'the mmthsastArly,'cormw of- the basin: dssicrib".. Thea irrevocable offer of'oession shall.. continua Andsf�gt:e 7 ."and my be accepted by, tbA Town. of - IftXViKer at -a If 'instant .that u"id fer"irili% .4ccepted, at' .the 1, , be -the., ~'discretion "hy the ;.TCMn Tlot ""t;ftppinqW.:.:3L, 'thla only, i;UPM :c lotion Of the -to be cmsti;Ahtad'-by Us.anter anld Lherson..Z ;, ;It its 1 undarstood:�tlsaC:Ytha-. P.33/@4 1 i, r4� ry Ia vw n r`,�,+ .�. �"i. �R `�✓ s •. 'Q M" '.h .. 14' N + .w fr a. d a *�� •M��. r��pIy?.c.�f'"i`r<°�r�'�w,�"�rt.gt�:/��mMy�tifi MCS.+�It,�rmaM «rra: `�. ;�,<�+°,�,1 'k tT at•°r,r, � !s y'r„� x x i'Y�' tl ° " .. Z.r v.. : Fr T«'�', ;.r' =+tl�F �a �;ryi 1+►r! Jy.. 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'd:• � .Y,., �p� E ' icw,r+.';;a`r.'' w'E.,FGsi•.•�r6�.w�.:..:r�.tw»,k.��.s nnr� r,«•ir •aad..a.it..++1'r�tn"•',..•w»r.,.•.:r«a::.ryr'1.•r,.•.. ° r •r 1 • • n • Ni a + • nn E • , V ea +'x r� • n R n � x r • r E ti r •w ....Mn MM• x w FEMME.!� _,..w C,: eA.+Ye.:S.tw�•.s' ,tX°. .,."ye'� P.O. Box 324 20 Middlebush Road Wappingers Fails, NY 125900324 TOWN OF WAPPiNGER To: Elaine Snowden. Town Clerk From: Don Close, Zoning Administrator Re: Original Documents for Nicole Farms Date_ Decemher 12. 1996 PLANNING BOARD Attached you y ywill y� find ST the original j documents for /Nicole Farms. y LAny,� affida it from Dorothy Klein. sight, I.Lrainagof and water line casements from Mr. Klein to the Town and three Veal Property transfer Gains Tax Affidavits_ Also attached are two Bargin & Sales Deeds for a 50 foot gide roadway and road dedication. Two Transfer Gains Tax Affidavits (public road & road purposes) and two Real Property transfer Reports for road dedication and a Performance Bora. Secured By A Letter Of Credit - On December 13. 1996: it was confirmed that you are in possession of the original maintenance Bond Secured By irrevocable LetterOfCredit. Sincerely Don Close Zoning Administrator DClln Encs - Com` • Mr. Roberts (No Attachments L L Bile GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P_ ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F_ GARRETT** THOMAS R. DAVIS CHRIS MULARADELIS -ADN9= TO PRACTICE IN NY & FLA. -*ADNn= TO PRACTICE IN NY & CONN. VT ERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 December b, 1996 VIA FACSIMILE 454-7862 AND REGULAR MAIL Reed and Reed 75 Market Street Poughkeepsie, New York 12601 Attn: John M. Reed, Esq. Re: Nicole Farms Our File No: 12949.0098 Dear John: LEGAL ASSISTANTS: DALE O'DO%T:l AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MAIL POUG=EPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHMEPSIE () WAPPINGERS RECEIVED DEC U 9 1996 ELAINE SNO ,rowpv CCK EN I have reviewed the Performance Bond you have prepared in connection with the off-site improvements to be made in connection with the Nicole Farms subdivision. The same is acceptable as to form, except on the third line of the second page the phrase "... no later than October 1, 1997." should be substituted for "... within eight (8) months from the date hereof." Please have the same signed. and delivered to Town Hall. The original Deeds, Easements, etc. will also have to be picked up from the Town Clerk for recording. I assume Mr. Klein's office and/or Title Company will attend to same. Please advise. Very truly yours, VEPTP.SI7 TER, OBERT S & PERGAMENT TBOBERTS APRljwm Enclosure cc: Town Board, Attn: Han. Constance O. Smith, Supervisor Hon. Elaine Snowden, Town Clerk Joseph E. Paggi, Jr., P.E., Engineer to the Town Graham Foster, Highway Superintendent DEC 03 '96 17:28 REED RND REED P•3 PERPORMANCE BOND SECURED BY A LETTER OF CREDIT WHEREAS, the undersigned, DOROTHY KLEIN and 77 J D Corp. (formerly James A. Klein, Inc.), both with an address at 2029 Route 9, Fishkill, New York 12524, heretofore made application to the planning Board of the Town of Wappinger to approve a subdivision of lands more particularly described in a subdivision map entitled NICOLE FARMS SUBDIVISION, filed in the Dutchese County Clerk's Office on April 7, 1989, as Map.No. 8705; and WHEREAS, the Planning Board granted final subdivision approval by Resolution dated subject among other things to certain off site public improvements being made and constructed consisting of intersection improvement at the west side of Kent and All Angels Hill Road, as detailed on plans made by Barger, Gray & Railing dated August 30, 1988, .and amended by the Planning Board at their October 1996 meeting, and as further set forth in the letter of Joseph E. Paggi, Jr., P.P., Engineer to the Town, dated November 7, 1996; and WHEREAS, Town Law 5277 requires that the developer guarantee the construction, installation and dedication of the said off site public improvements and obligations; and WHEREAS to secure the obligation to guarantee the construction, installation and dedication of the required off site public improvements and obligations by 77.J D Corp. (formerly James A. Klein, Inc.) and. Dorothy Klein, a principal, officer and shareholder of the undersigned 77 J D Corp. (formerly James A. Klein, Inc.) has further agreed to personally guarantee the obligations set forth in this performance bond. NOW, THEREFORE, the undersigned Dorothy Klein and 77 J D Corp. (formerly aures A. Klein, Inc.) will truly make, construct, complete the said off site improvements, and agree to perform all of the -said off site intersection improvement construction in accoprdance with the standards maintained by the Town of Wappinger DEC 03 '96 17=28 REED AND REED P.4 and the letter of the Engineer to the Town dated. November 7, 1996, and in accordance with all applicable Mo al Laws, Ordinances Rulees and Regulations of the Town of Vappinger, wi z s rom the dat hereof. Upon. construction and completion of the said off site intersection improvement construction set forth. above, and upon request of the Town, the undersigned will dedicate same to the Town, free and clear of any liens or obligations as set forth in the Local Laws, Ordinances, Mules and Regulations of the Town of Wappinger. As security for this obligation, including sums sufficient to pay- for attorneys' or consultants' fees in the event the undersigned defaults hereunder,- the undersigned will hereby deliveto the Town of Wappinger the following security for the faithful performance of the obligations the undersigned 'has undertaken herein: a letter of credit issued by Birst National Bank of the Hudson Valley, bearing number. 229 and issued in favor of the Town of Wappinger in the sum of $27,500.00, securing the obligation set forth in this Performance Bond. The undersigned Dorothy Klein and 77 J D Corp. (formerly James A. Klein, 1Inc. ) further binds his/her, their, its hears, executors, administrators, successors for assigns as the case may be, for the faithful performance of the obligations IIset forth herein. As additional security for this obligation, Dorothy Klein, an officer and share holder of 77 J D Corp. (formerly James A. Klein, Inc.), further joins in the execution of this document for the sole purpose of guaranteeing the faithful performance of the obligations created hereunder by 7.7 J D Corp. (formerly James A. Klein, Inc.). The undersigned further acknowledges that if any default remains in the 1Iperformance of the obligations created hereunder, the lots within the subdivision DEC 03 196 17:28 REED AND REED P.5 will no longer be eligible for building permits until such defaults are cured. Dated! December , 1996. Dorothy Klein 77 ZT D Corp. by Dorothy Klein, president Dorothy Klein ! DEC 03 '96 17129 REED RND REED STATE OF NEW YORK ) COUNTY OF DUTCHESS ) P.6 On the day of December, 1996, before me personally came -DOROTHY XLEIN, to me known to be the individual described in and who executed the foregoing document, and she acknowledged that she executed the same. STATE OF NEW YORK ) - COUNTY OF DUTCHESS ) on the day of December, 1996, before me personally came DOROTHY KLEIN, to me known, who, being by me duly sworn, did.depose and say that she resides at 2029 Route 9, Fishkill, New York, that she is the President of 77 J D Corp. (formerly James A. Klein, Inc.), the corporation described in and which executed the foregoing instrument; and that she signed' her name thereto .by order of the board of directors of said corporation. STA'T'E OF NEW YORK ) )ss.: COUNTY OF DUTCEESS ) On the day of December, 1996, before me -personally came DOROTHY to me known to be the individual described in and who executed the foregoing ent, and she acknowledged that she executed the same. 17ERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 GERALD A. VERGILIS* FAX (914) 298-2842 KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS CHRIS MULARADELIS •ADNUT TM TO PRACTICE IN NY & FLA, *'ADMITTED TO PRACTICE IN NY & CONN. December 2, 1996 * VIA FACSEMME AND REGULAR MAIL Reed and Reed 75 Market Street Poughkeepsie, New York 12601 Attn: John Reed, Esq. Re: Nicole Farms Our File No: 12949.0098 Dear John: LEGAL ASSISTANTS_ DALE O'DONNELL AMY E_ WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGBXEEPSIE ( ) WAPPINGFRS I previously forwarded to you the general form of Performance Bond. Obviously, it will have to be modified for these circumstances. I quite frankly am not sure of the time frame in which this work was to be completed. As of the drafting of this letter, I may have to argue an Appeal in White Plains tomorrow. If such is the case, we will not be able to finalize the Nicole Farms bond until Wednesday. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT Ll /) 9 ALBERT P. ROBEPTS APR/jwm cc: Elaine Snowden Town Clerk/ 77JD CORP. 2029 ROUTE 9, SUITE #203 FISHKILL, IVY 12524 - (914) 897-4384 FAX #(914) 897-3238 November 22, 1996 Donald Close Town of Wappinger Zoning Administration 20 Middlebush Road Wappingers Falls, NY 12590 RE: Town of Wappinger Takeover Nicole Farms Roads Dear Don, At the Town of Wappinger Town Board Meeting on November 25, 1996, 1 have requested the Town Board takeover roads at Nicole Farms. With reference to that I have enclosed the following: 1. Letter of Credit from 1st Hudson Valley Bank in the amount of $116,595.00 which represents Maintenance Bond for one (1) year (this replaces Letter of Credit #229 in the amount of $213,773.00 of which must be returned to the 1st Hudson Valley Bank, ATTN: James Leary, Senior Vice President, Route 55, P.O. Box 310, LaGrangeville, NY, 12540. 2. Letter of Credit in the amount of $27,500.00 which is a Completion Bond for the work to be completed on the western side of All Angels and Kent Road. 3. Bill of Sale from Dorothy V. Klein, 77JD Corp. for all water/sewer drain pipes and conduits. 4. Maintenance Bond secured by Irrevocable Letter of Credit signed by Dorothy V. Klein, 77JD Corp. A title policy has been delivered to Albert Roberts, Esq. of Vergilis, Stenger, Robert & Pergament, 1611 Route 9, Wappinger Falls, NY, 12590. 1 understand there, was' also a letter delivered to Elaine Snowden, Town Clerk from Graham Foster, Road Superintendent approving the road takeover. If you require any further information please contact my office at (914) 897-4384. Very truli/yours, am Klein cc: Albert Roberts, Esq. ,,Elaine ,Sn6wden, Town Clerk First HudsqnValley First National Bank of the Hudson Valley Route 53 a PO Sox 310 a LaGrangeville, NY 12540 Oocurnentary NM "341-96 issued 11/19/96 ow and owm a expiry November 19, 1997 'mill Dorothy Klein and 77JD Corp., Town of Wappinger formerly known as James A. Box 324 Klein, Inc.. 20 Middlebush Rd. t 2029 Route 9, Suite 203 Wappingers Falls, NY 12590 Fishkill, NY 12524 'adftv"80* "'� "' MOM aventy seven Thousand Five First National Bank of Hudson Valley Hundred US'dollars and no cents P.O. Box 310 ($27_,500.00) LaGrangevi l 1 e, NY 12540 °"d" eva11iw Wm Party snaaMa. rrerwapn,.nr Fx by"Mp El by .o,�o�wao. 11 by - -6 N/A ❑bydul"radpeyaaanlaa Letter of default aro..d as r,.d &waned aa.Owm.e uoedinp an bond OWMcn WWV in spa a«,,,, apa+rura. dax xnwa. daraew nsrw, LN andWWROWeOMM Counters of First H. V. ow, awe woo, to: Irrevocab 1 e Letter of Credit w, expiration data r This Irrevocable Letter of Credit is issued in your favor and we engage to pay your draft(s) on us presented to us at our offices, Route 55 P.O. Box 310, LaGrangeville, NY 12540, when accomoied bv: 0 A letter authorized by the Town of Wappihaer, duly signed by m the aDDroprite Town officials declaring a default in the performance of intersection improvement at the_west side of Kent and.All Angels Hill Road as detailed on plan by Barger. w Grav & Railina dated-Au.aust 30, 1988 and amended by the Planning Board at their October, 1996 meeting in the amount s of 527.500.00. ot oaaannft lap v w" E:::] days ailw oa ow a *Kw= of drmew aocim"* W V* va ry of ft p.ar VW rw.ey "aft DMmaraery Cra & in your ravmw. Kis suajW a au know. Cuem "rand Room ror DMOn fey C 00 (low Fi.ix , ba..eYanar Cnrnbw a CwnrnWM Pana, Franca, Pubfi*Wm No. 40 and org"n w Im wmcW a wan to I mm rraraa. TM numbw wad Vo dear of air a" and ns n"na of oax bv* .uaa be quad an al draft iagaair.d. M r» WOW is evsk" by awp,edon: aeon prayer W, mo be nand on to rwwww a. We Main adWm by aM b" M wa Mn a.dir i. "Wal". First National Bank of the Hudson Valley Seal (original. only) A TN. &oo,.w =.M. a F -j Authorized Signature y First Hu4qnValley First National Bank of the Hudson Valley Route 53 a PO Box 310 a LaGrangeville, NY 12540 Dorothy Klein and 77JD Corp., formerly known as James A Klein, Inc. .2029 Route 9, Suite 203 Fishkill, NY 12524 +w+"o iSart tr.r. n. First National Bank of Hudson Vall P.O.. Box 310 LaGrangeville, NY 12540 ovocawble Doawnantary MM 60 40-96 witissued 11/19/96 o.t. rid pw�ie a.I�iry November 19, 1997 ray Town" of Wappinger Box 32.4 Middlebush Rd Wappingers.Falls, NY 12590 " One Hundred Sixteen Thousand Five Hundred.Ninety Five US dollars CMM arw.ei Wo PWW ShipW Trr+shipnwy by"M"—M . byaoeaplrioa bynapotlAkWW .apr N /A❑ bydW.nadpalM r M akw.d aKowaa to.dWq an b—d ar0 aim in &AW M ,o.„ Letter o f default 91-ya"al Counters of First H.V. lortansportatbnta: IrrevocableLetter of Credi on expiration date This Irrevocable Letter of Credit is issued in your favor and we engage to pay your draft(s) on us and presented to us at our offices, Route 55 P.O.. Box 310, LaGrangeville, NY 12540, when e accompied by: 0 a V ot A letter authorized by the Town -of Wappinaer,'duly signed by the appropriate .Town Officials declaring -a default in the failure to maintain the road, Robin Lane, not including snow plowing, beginning at Kent Road and ending in a cul-de-sac. This Letter.o£ Credit replacesand cance"ls"Letter of Credit #229 in favor of the Town of Wappinger in the amount of $213,773.00 issued by First Hudson Valley Bank and this new.Letter of Credit is issued with the understanding that 'the original Letter of Credit (#229) be returned to the Bank. floc ommo top "W& n days ow Ku dw of W"W" or d+r *upon tlo"ri "* W W" ar vSNeiry of to C $at We busby Kis Napa o KM urAWM CualorM and Practfa br Doaa wsrry Cradll.Itaq 11wW"+, oft WbM! Chambr of Corrraa M Paint, Frig. Pub bOm No. 100) and a VW= w In aooardar - wo I"" tans ow aof The number ant IM drsr 0 Ih" Dredd and 10 r"M or our brat reap ba *X"d on.as baps MCA* d. K the MW k 94MO a by mlft - "Gh prMMMMian mW ba mftd on b mmm d V* MW WV= by Vis W* afto *memo is wawft. First National Bank of the Hudson Valley Seal (original only) fl 6 This dorannW Man 4%0 .g,.d p ilafs) Authorized ignSture MAINTENANCE BOND SECURED BY IRREVOCABLE LETTERS OF CREDIT WHEREAS, WE, DOROTHY KLEIN and 77 J D CORP (formerly James A. Klein, Inc.)o both residing at 2029. Route 9, Fishkill, New York 12524, have now Completed_ the roads and other public improvements in connection with NICOLE FARMS SUBDIVISION, which are ready to be dedicated to the TOWN OF WAPPINGER, and are required to maintain and repair said roads and public improvements within the subdivision for one year after the date of acceptance by the Town BoaKd; and WHEREAS, to secure the obligation to repair and maintain said roads and public improvements, we have obtained letters of credit from FIRST NATIONAL BANK OF THE HUDSON VALLEY, NOW, THEREFORE, WE, DOROTHY KLEIN and 77 J D CORP., as principals, guarantee that we shall well and truly maintain and repair all roads and other public improvements within the subdivision known as Nicole Farms, filed in the Dutchess County Clerk's Office on the 7th day of April,. 1989, as map number 8705, and that we shall well and truly maintain and repair same in accordance with the ordinances, local laws, rules, regulations and codes of the Town of Wappinger for one (1) year from the date of acceptance of said roads by the Town Board of the Town of Wappinger. As security for this obligation, we hereby deliver to the Town of Wappinger, the following securities for the faithful perf¢rmance of this obligation; an irrevoacable letter of credit from First National Bank of the Hudson valley bearing number 340-96 and an irrevocable letter of credit from First National Bank of the Hudson Valley bearing number 341-96, which irrevocable letters of credit are attached hereto, and we consent to the terms thereof as securities for this.obligation. We understand that if the securities posted hereunder lapse or expire for any reason, then this bond will be in default and lots within the subdivision will no longer be eligible for building permits until new and sufficient security is posted. Dated: November 20, 1996. vs . Dorot y K144n 77 J F CORP. by - - Dorothy leiii, President STATE OF NEW YORK )ss.: COUNTY OF DUTCHESS ) On the Zoe day of November, 1996, before me personally came DOROTHY KLEIN, to me known to be the individual described in and who executed the. foregoing instrument, and she acknowledged to me that she executed the same. STATE OF NEW YORK ) )ss.: COUNTY OF DUTCHESS ) Notary ublic pMlif�K3. C�i'�H91 N ftE 6M MdNoft . ODmeit�ta+ Froiree� 12, i�96 On the Z0I'A day of November," 19961 before me personally carne DOROTHY KLEIN, to me known, who, being by me duly sworn, did depose and say that she. resides .at 2029 Route 9, Fishkill, New York 12524; that she is the President of 77 J D Corp., the, corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was' so affixed by order of the Board of Directors of said corporation, and that ,she signed her name thereto by like order. Au"j.00i7A8.1 NotaO Public Ooaoa�loER E'1si�es Fih.1g, i� 91 I Qp— x3;11 61 4wo. 00 r,•GMAM" r6....1 — --.... rj4m:q JU Mo - THAT WE, DOROTHY KLEIN, 2029 Route 9, Fishkill, New York 12524; and 77 J D CORP., formerly known as James A. Klein, Inc., a New York corporation, with its principal place of business at 2029 Route 9, Fi shki ll ► New York 12524 __ F. pert ie%f the first part, for and in consideration of the sum of ---Orie--- (S 1.00 ) Dollars, lawful money of the United States to us in hand paid, at or before the ensealing and delivery of these presents by the Town Board.of the Town of Wappinger, Dutchess Countyr.. New York of the second part, the receipt whereof is hereby acknowledged ha Ve bargained and party sold, and by these presents do grant and canvey unto the said part y of the second part, heirs, executors, administrators, Successors and assigns all of the water pipes► storm sewer plies, drain pipeas s, colecon uFarms"d thein respective accoutrements in the Dutchess County, New York located in the Town of wapp g ,scored part, for our of the 'strators, c and NOV 19 '96 17:32 REED AND REED SCHEDULE OF ' THE FOREGOING BILL OF SALE P.2 All, of the water pipes, storm sewer pipes, drain pipes, conduits and their respective accoutrements in the subdivision known,as-Il Nicole Farms" located in the Town of Wappinger, Dutehess County, New York STATZ Or NEW YORK COUNTY OF DUTCHESS s't" DOROTHY KLEIN being duly sworn, deposes and says that s h e reside at 2029 Route 9s Fi s hk i l l , New York That s bs the same person who executed the within bill of sale...: -' That s he is the sole and absolute owner of the property described In said bill of sale, and has full right to sell and transfer the same. That the amid property, and each and every part thereof, Is free and clear of any liens, mortgages, debts or other encumbrances of whatsoever kind or saturewWW That s h e i s not indebted to any one and he s no creditors. That there are no judgments existing against h er in any court, nor are there any replevins, attachments or executions issued against h er now in force; nor has any petition in bankruptcy or arrangement proceedings been filed by or against gr ; nor has s h e taken advantage of any law relating to insolvency. That this affidavit is made for the pun osed with the intent of inducing The Town Board of the Town of wrappinger to purchase the property described in said bill of sale, knowing thatit hX will rely thereon and pay a good and valuable consideration therefor. Sworn to before me this ZI �- r day of November, t9 9 b ................................................... ��Doxot iri" '�� ' ��w STA TV OF NEW YORK - _— rrtmr'�Y3�7'SS pMjGK,L0DgFaL 06iplp. aNFet2,i98B NOV 19 196 17:30 REED AND REED STATE OF NEW YORKss ` COUNTY OF DUTCHESS.: 4 Y" On the t t day of November before me came DOROTHY KLEIN P.1 nineteen hundred and ninety-six to me known and known to me to be the individual described in, and who-oxecdted, the foregoing instrument, and acknowledged to me thatS he executed the same. AMMCORA9f. ftwoomm No ary Public OOIISIilIbrlE,�pi�M�Ib.12,1�98 STATE OF NEW YORK,; COUNTY OF DUTCHESS On the Zsday of November before me came DOROTHY KLEIN being by we duly sworn, did depose and say that Fishkill., New York nineteen hundred and ninety—six to me known, who, S he resides at No. 2092 Route 9, that s he- is the President of 77 J D Corp. the corporation described in, and which executed, the foregoing instrument; that s he knows the seal of said corporation; that the seal a6zed to said instrument is such corporate seal; that it was so *used by order of the board of directors of said corporation;. -and that s he signed h er name thereto by like order. N ary Public Q°"MNI�Npn�NFib� VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 GERALD A. VERGILIS* KENNETH M_STENGER ALBERT P. ROBERTS MA A. PERGAMENT ANTONIA T. LUCIA JOAN E. GARRETT" THOMAS R. DAVIS CHRIS MULARADELIS *ADMTI"I8D TO PRACTICE IN NY & FLA. •'ADMITTED TO PRACTICE IN NY & CONN. November 6, 1996 Reed and Reed 75 Market Street Poughkeepsie, New York 12601 Attn: John Reed, Esq. Re: Nicole Farms Our File No: 12949.0098 Dear John: (914) 298-2000 FAX (914) 298-2842 LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1446 ADDRESS REPLY TO: ( ) POUGH=SIE. ( ) WAPPINGERS This letter will confirm my conversations with you and Bob Feldman on this date. The so-called Hurley drainage easement was the result of the relocation of a drainage easement shown on the original subdivision plat. It was not to be accepted until the other roads and easements were accepted by the Town Board. There is an Offer of Dedication executed by the Hurley's on file in the Dutchess County Clerk's Office, with the Original Drainage Easement documents on file with Elaine Snowden, Town Clerk. This Easement is to be included in the title policy tendered in connection with a Dedication of the Road and Easements. I also wish to remind you that a Maintenance Bond secured by a letter of credit must be submitted with the Original documents. Generally, this form is completed by Don Close, Zoning Administrator. John Reed, Esq. November 6, 1996 Page 2 All documents are to be delivered to Mr. Close, who will distribute them accordingly. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ZE/RTP-OBERTS APR/jwm cc: Robert A. Feldman Donald Close, Zoning Admini ator Elaine Snowden, Town CIerkf Hon. Constance O. Smith, Supervisor Joseph E. Paggi, Jr., P.E. P,FFIDAVIT STATE OF NEW YORK } . )ss.. COUNTY OF DUTCHESS ) DOROTHY KLEIN being duly sworn, deposes and says: That deponent resides at 2029 Route 9, Fishkill, NY' and is married to James A. Klein That deponent has not been known by any.other name, married or otherwise, during the past ten (10) years, except: Dorothy V. Klein Deponent further states that there are no judgments of any kind against deponent in any court of this State, or the united States, and that no proceedings in bankruptcy have ever been instituted by or against deponent, nor has deponent at any time made an assignment for the benefit of creditors. Dorot y Klein Sworn to before me this c� �� day of /�v '.,/,- 19 <� otary .Public PATR1CQ. C FsELL Notary FW- ic, Sia" p, %w yo* CA0ian't+b. 4 C075556t 0fied in Putnam CwnN Corr MPOon Expires Feb. 12, 1998 C First HudsonVaflq Guarding m Our Comunities'Assets ua Cl January 31, 1996 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1, 1989 Expires at our counters March Beneficiary: Applicant: Gentlemen: Town of Box 324, Wappingir N The above mentione follows: The expiration da extended to March 12590 is to be art of the above and must be t is amended as of credit has been All other terms and condit- j of the original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce Publication No. 400. Very truly yours, THE FIRST NATIONAL BANK OF THE HUDSON VALLEY James M. Leary Senior ;Vice President cc: James A. Klein, Inc. C! I First National Bank of the uu"wn T Why Route 55 - PO Box 310 e LaGrangeville, NY 12540 IRREVOCABLE OFFER OF CESSION dated the jr f -h day of December, 1994, from JOHN HURLEY & MARGARET HURLEY, husband and wife, residing at 37 Robin Lane, Wappingers Falls, New York, hereinafter referred to as the grantor, to THE TOWN OF WAPPINGER, a municipal corporation having its office at 20 Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to as the grantee. W I T N E S S E T H WHEREAS, the grantor is the owner of the lands herein described located in the Town of Wappinger, County of Dutchess and State of New York, more particularly described as: "Beginning at a point along the westerly line of Robin Lane, said point being the intersection of the westerly line of Robin Lane with the northeasterly corner of Lot No. 18 as shown on a certain map entitled Nicole Farms and filed in the Dutchess County Clerk's Office as filed map no. 8705, thence in a westerly direction along the northerly line of Lot No. 18 South 87-52-00 and West 844.24 feet to a point along the easterly line of the lands of now or formerly Metzger, thence in a northerly direction along the easterly line of the lands of Metzger, North 01-10-12 and West 125.00 feet to the northwesterly corner of the herein described parcel, thence in an easterly direction along the lands of Metzger and the southerly line of the lands of now or formerly Rodrigues, North 86-05-56 East 837.88 feet to a point along the westerly line of Robin Lane, thence in a southerly direction along the westerly line of Robin Lane the following courses and distances, South 03-54-04 East 51.70 feet to a point, thence on a curve to the left with a radius of 50.00 feet and a length of 94.41 feet to a point, thence on a curve to the right with a radius of 25.00 feet and a length of 21.03 feet to the point of beginning." WHEREAS, the grantor wishes to file a formal irrevocable offer of cession of a drainage easement on said lot, NOW, THEREFORE, the -undersigned grantors hereby irrevocably offer to grant, cede and convey to the grantee for drainage purposes, free and clear of liens or encumbrances, all those premises situate, lying and being in the Town of Wappinger, Dutchess County, New York and more particularly described as follows: "Beginning at a point along the westerly line of Robin Lane, said point being the intersection of the westerly line of Robin Lane with the northeasterly corner of Lot No. 18 as shown on a certain map entitled Nicole Farms and filed in the Dutchess County Clerk's Office as filed map no. 8705, thence in a westerly direction along the northerly line of Lot No. 18 South 87-52-00 West 844.24 feet to a point along the easterly line of lands of now or formerly Metzger, thence in a northerly direction along the easterly line of lands of Metzger North 01-10- 12 West 125.00 feet to the northwesterly corner of the herein described parcel, thence in an easterly direction along the lands of Metzger and the southerly line of the lands of now or formerly Rodrigues, North 86-05-56 East 325.00 feet to a point, thence in a southerly and easterly direction over and through Lot No. 19 the following courses and distances, South 03-54-04 East 122.56 feet to a point, thence North 87-52-00 East 220.35 feet to a point, thence North 85-54-26 East 280.45 feet to a point along the westerly line of Robin Lane, thence in a southerly direction along the westerly line of Robin Lane on a curve to the left with a radius of 50.00 feet and a length of 5.45 feet to a point, thence on a curve to.the right with a radius of 25.00 feet and length of 21.03 feet to the point of beginning. Subject to a 10 foot wide water shut off easement along the southeasterly corner of the herein described parcel". This irrevocable offer of cession shall continue indefinitely, and may be accepted by the Town of Wappinger at any time, it being the intent that said offer will be accepted., at the Town Board's discretion, by the Town of Wappinger only upon the proper completion of the improvements to be constructed by the grantor therein and thereon. It is expressly understood that the acceptance of this irrevocable offer of cession by the Town of Wappinger and/or the recording thereof, does not constitute any actual acceptance by the Town of Wappinger of the offer herein contained. IN WITNESS WHEREOF, the grantors have executed this 26L irrevocable offer of cession this Ge [I gray of Iecember, 1994. STATE OF NEW YORK ) )SS. - COUNTY SStCOUNTY OF DUTCHESS ) On the jCt�l day of Ih ce P6I1Je r , 1994, before me, JOHN HURLEY, personally came to me known to be the individual described in and who executed the foregoing instrument and acknow edged that he executed the same. gg L NOT PUBLIC ROOM M. MNGER iters, State of NY STATE OF NEW YORKNotary Na 4648576 QuW- D& = )SS: CWn Evkw iwy 31, COUNTY OF�IDUTCHESS ) On the 30-fi Y' day of 1l e L** e 1-P))6r , 1994, before me, MARGARET HURLEY, personally came to me known to be the individual described in and who executed the foregoing instrument and acknow, edged that she executed the same. NOTVIIPUBLIC Notary -;CR_ - irerk NY 4648576ess G'a; . moires July 3I, 1 <� qi Phone: (914) 897-4384 Fax. (914) 897-3238 James A. Klein Enterprises Plaza 9 • Suite 203 2029 Route 9 • Fishkill, N.Y. 12524 October 21, 1996 Town Board Town of Wappingers Fd. c/o Elaine Snowden, Town Clerk` ELAINE SNOWDEN ?OWN GLE'RK VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 GERALD A. VERGILIS* KENNETH M. STENGER ALBERTP.ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R_ DAVIS CHRIS MULARADELIS *ADMITTED TO PRACTICE IN NY & FLA. **ADMITTED TO PRACTICE IN NY & CONN. October 28, 1996 Elaine Snowden, Town Clerk Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 Re: Nicole Farms Our File No: 12949.0098 Dear Elaine: (914) 298-2000 FAX (914) 298-2842 LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS 0 C T 3 € 1996 ELAINE SNOWDEN TOWN CLLR K I am in receipt of a copy of a letter forwarded to you by James A. Klein Enterprises, dated October 21, 1996, requesting that the road at Nicole Farms be accepted by the Town Board. Please be advised that as of today, the Town has yet to receive any of the proposed Deeds, Easements, etc. I spoke with John Reed, attorney for Mr. Klein, who advises that they will be forwarded within the next week or so. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT BERT P. ROBERTS APR/jwm cc: Hon. Constance O. Smith, Supervisor PAGGI & MARTIN Consulting Engineers & Land Surveyors 54.56 Main Street Poughkeepsie, New York 12601 914-471-7898 July 10, 1996 Vergilis, Stenger, Roberts & Pergament 1611 Route 9 Wappingers Falls, New York 12590 Attention: Albert P. Roberts, Esq. Reference: Nicole Farms Dear Al: am in receipt of your June 26, 1996 letter regarding the above referenced project. Please note that I had been previously transmitted the deed descriptions and have reviewed the same. My two review letters are dated November 13, 1995 and November 16, 1995. 1 have enclosed copies of these review letters for your files. Please note that we recommended in the last review letter that once the final papers are submitted to the Town, the deed descriptions listed in both of my review letters should be referenced. If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP:Iaw Enclosure cc: Constance 0. Smith, Supervisor wlenclosure Elaine Snowden w/enclosure Don Close wlenclosure John Reed, Esq.. wlenclosure Oa JosepbE. Paggi, Jr_, P.E. Ernst Martin, Jr., P.F,,, L.S. printed an recycled paper GERALD A_ VERGILIS* KENNETH M.STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT" THOMAS R. DAVIS CHRIS MULARADELIS *ADMITTED TO PRACTICE IN NY & FLA. **ADMTITED TO PRACTICE IN NY & CONN. June 26, 1996 VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK ] 2590 (914) 298-2000 FAX (914) 298-2842 Joseph E. Paggi, Jr., P.E. Paggi & Martin 54-56 Main Street Poughkeepsie, New York 1.2601 Donald Close, Zoning Administrator Town Hall, Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 Re: Nicole Farms Subdivision Our File No: 7288.9126 Dear Jay and Don: LEGAL ASSISTANTS; DALE O'DONNELL AMY F. WOODAkD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS Today I received a phone call from John Reed's office regarding documents required to dedicate the roads, easements, etc. for the Nicole Farms.Subdivision: Mr. Reed's office referred to a letter sent to them in '1994 by Herb Levinson reciting the various documents that would be required. The approval of this subdivision predated my position as Attorney to the Town, and, accordingly, I have no information as to precisely what conveyances will be required (e.g., snow easements, drainage easements, etc.), although I do have a letter from Jay dated November 13, 1995, critiquing certain legal descriptions. To my knowledge, this will be the first dedication since Don Close has become Zoning Administrator, and, accordingly, I thought it best to review the procedure so that our efforts will be coordinated. VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT** THOMAS R. DAVIS CHRIS MULARADELIS *ADMf1TE4 TO PRACTICE IN NY & FLA. "ADMITTED TO PRACTICE IN NY & CONN. June 26, 1996 Joseph E. Paggi, Paggi & Martin 54 -56 -Main Street Poughkeepsie, New WAPPINGERS FALLS, NEW YORK 12590 (914)298-2000 FAX (914) 298-2842 Jr., P.E. York 12601 Donald Close, Zoning Administrator_ Town Hall, Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 Re: Nicole Farms Subdivision Our File No: 7288.9126 Dear Jay and Don: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL, POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS �V "L Today I received a phone call from John Reed's office regarding documents required to dedicate the roads, easements, etc. for the Nicole Farms Subdivision. Mr. Reed's office referred to a letter sent -t-o them in 1994 by Herb Levinson reciting the various documents that would be required. The approval of this subdivision predated my position as Attorney to the Town, and, accordingly, I have no information as to precisely what conveyances will be required (e.g., snow easements, drainage easements, etc.), although I do have a letter from Jay dated November 13, 1995, critiquing certain legal descriptions. To my knowledge, this will be the first dedication since Don Close has become Zoning Administrator, and, accordingly, I thought it best to review the procedure so that our efforts will be coordinated. Joseph E. Paggi, Jr. P.E. and Donald Close July 1, 1996 Page 2 My expectation is that no Offer of Dedication had been required. I assume Don or Elaine Snowden will be able to confirm if one has been recorded. The developer must provide the Town with: 1. Request -to accept roads, easements, etc.; 2. Deed for Road Conveyance; 3. Grants of Easement for the necessary drainage; snow easements, etc., and any other property interests that are to be conveyed to the Town; 4. Title Policy in the sum of $25,000.00, insuring the Town for the Road Easements, etc.; and 5. A Road Maintenance (guarantee) Bond executed by the developer and secured by a Letter of Credit. In the past, all of these documents have been delivered to the Zoning Administrator (previously Herb) and then distributed then to all interested parties (Town Attorney, Town Engineer, Highway Superintendent). Upon written approval of the above documents, the originals would be forwarded to the Town Clerk to be placed on the next Town Board Agenda for acceptance by the Town Board and subsequent recording. At this point, I will need a verification of the documents required for this subdivision. It must be remembered that John and Margaret Hurley have offered for dedication a Drainage Easement which is on file with the Town Clerk. This easement must be accepted simultaneously with the other documents. Very truly yours, VEILGILIS, STENGER, ROBERTS & PERGAMENT beZt) SAL ERT P. ROBERT APR/ j wm CC. Hon. Constance O. Sm'th Hon. Elaine Snowden John Reed, Esq. f"lrst HudsonVallev_ Guarding Our Communities' Assets January 31, 1996 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1, 1989 Expires at our counters March 1, 1996 Beneficiary: Town of Wappinger Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 Applicant: James A. Klein, Inc. 20.29 Route 9, Suite 203 Fishkill, New York 12524 This amendment is to be considered as part of the above letter of credit and must be attached thereto. Gentlemen: The above mentioned irrevocable letter of credit is amended as follows: The expiration date of this letter of credit has been extended to March 1, 1997. All other terms and conditions of the original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce Publication No. 400. V,e.ry truW -yours, THE FIRST NATIONAL BANK: -07 THE HUDSON VALLEY 1 l i James M. Leary Senior`IVice President i cc: James A. Klein, Inc. 14!/ JNJ�TRATp� First National Bank of the Hudson Valley Route 55 0 PO Box 310 • LaGrangeville, NY 12540 TOWN CLERK ELMNE H. SNOWDEN (914) 297-5771 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P,0. BOX 324 WAPPIINGERS FALLS, N.Y, 12590-0324 Mr. James M. Leary, Sr. Vice Pres. First National Bank of the Hudson Valley Route 55 P.O. Box 310 LaGrangeville, N.Y. 12.540 Dear Mr. Leary: SUPERVISOR CONS"TANC:E 0 SMITH TOWN COUNCIL VINCENT BE-MNA hylo I December 19, 1996 This will serve to inform you that, at the last Regular Wappinger Town Board meeting, Nov. 25, '96,, the Board resolved to accept James A. Kleins request to accept Robin Lane, in Nicole Farm, as and for a Town Road, At the same time, the Performance Bond, in the form of a Letter of Credit, - No. 229, issued March 1, 1989, by the Fishkill National Bank, in the amount of $528,601, and later reduced to $213,773, - was released upon the acceptance by the Board of a Maintenance Bond secured by a new Letter of Credit. The latest extension of the Amendment to Irrevocable Letter of Credit No. 229, was returned to you via Mr. Kleins office December 17, 1996. Should you require any further information, please do not hesitate to contact me. Very truly yours, es Elaine H. Snowden encl. Town Clerk Town of Wappinger PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 December 17,1993- Zoning. °7,1993; Zoning;. Administrator Town= of Wappinger P.Q. aox 324 Wappingers Falls New York 12590 Attention: Herm- Levenson Reference., Nicole Farms. Dear Mr. Levenson: As per Mr. Klein's request, we have calculated the dollar value of the work that has been done on Nicole Farms during:: calendar year 1993, and checked by calculating, the dollar value of the remaining work to be done to close out the project. We have utilized: the' unit prices, originally, used in calculating the bond in 1989', and extrapolated that amount m December 15, 1994. It is our opinion that the dollar value for the remaining- work in December 15, 1994 dollars. is $213,773.00. I would recommend that the bond to be placed.for the next year shall be. in that amount.. If there are any questions or comments, please' do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP.iaw cc: Elaine Snowden Town Board Albert P. Roberts, Esq. Graham Foster .lames Klein J—ph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L's- printed on recycled paper First Huds2nValley , Guarding Our Communities Assets January 31, 1996 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1, 1989 Expires at our counters March 1, 1996 Beneficiary: Applicant: Gentlemen: Town of Wappinger Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 James A. Klein, Inc. 2029 Route 9, Suite 203 Fishkill, New York 12524 a REG-Elvr—b F F B 0 5, iQgs TOO."" Fvl:r„�,,,I ii .f 1 k _ This amendment is to be considered as part of the above letter of credit and must be attached thereto. . The above mentioned irrevocable letter of credit is amended as follows: The expiration date of this letter of credit has been extended to March 1, 1997. All other terms and conditions of the original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce Publication No. 400. V,e y tru y yours, THE FIRST NATI NAL B ,)OF THE HUDSON VALLEY Jam, s M. Leary Seniorl,Vice President cc: James A. Klein, Inc. First National Bank of the Hudson Valley Route 55 • PO Box 310 • LaGrangeville, NY 12540 JAMES A. KLEIN, inc. • Builders Plaza 9 • 2{)29 Route 9, Suite 203 • Fisllkill. N.Y. 125_24 • (914) 897--41-fi4 Fax_ (JI -F) W)7 -3-):')f3 December 21, 1995 James M. Leary, Sr. Vice President 1st National Bank of Hudson Valley P. 0. Box 310 LaGrangeville, NY 12540 RE: Letter of Credit - Nicole Farms Dear Jim, DECREGE�YFD 2 71995 ZONING ADMINISTRATOR Would you please renew my Letter of Credit with the Town of Wappingers by February 1, 1996. A considerable amount of work covered under the Ietter has been completed and we expect to finish the balance of work no Iater than May 31, 1996. If you have any questions please contact me. Very truly your//, JAMES A. James ein, Inc. JAK/ cc: Close, Town of Wappingers, Zoning Admin. R EC'E/ v C SAN 1 D 1 1996 PLANNING a ZONING TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLESUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-0257 November 30, 1995 James 4,. Klein, Inc. Mr. James k. Klein 2029 Route 9 Suite 203 Fishkill, New York 12524 Re: Letter of Credit — Nicole Farms Mr. Klein: CONSTANCE O. SMITH suPERVLOW This is to inform you the above mentioned Letter of Credit in the amount of $213,773.00 is due to expire on March 1, 1996. This is to formally notify you that this office will expect you to furnish a replacement Letter of Credit in the amount of $213,773.00 by no later than February 1, 1996. Thanking you in advance for your cooperation, I remain, Respec y, nal ilose Zoning 4,dministrator DC/jf CC: Town Board Planning Board Dan Aery, 4ICP J. Paggi, Jr., PE 4,1bert Roberts, Esq. Don Keller, B. I. Graham Foster, Hgwy. Supt. ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 CONSTANCE 0. SMITH SUPERVISOR HERBERT J. LEVE SON ZON$NG ADMINISTRATOR To: Hon. Elaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, Zoning Administraror, Town of Wappinger Re: Nicole Farms - Letter of Credit expiring 3/1/95 Date: February 24, 1995 We attach herewith an amendment to the Irrevocable Letter of Credit No. 229 in the name of the Town of Wappinger submitted by James A. Klein, Inc. amending the expiration date to 3/1/96. We ask you that you safekeep this document i your usuall manner. We are also sending a copy of this Amended Irrevocalbe Letter of Credit No. 229 to Mr. Albert P. Roberts, Esq., Attorney to the Town of Wappinger for his legal opinion. Thank you for your kind attention to this matter, we remain, Very truly yours, TOWN OF WAPPINGER Herbert J. "Levenson Zoning Administrator Hil. CC: Albert P. Roberts, Esq. Nicole Farms Subdivision file UA, Gul I a�rding Our Com nitie, AgA Februa,c-, ll -;95 A.mendment to !-rrevoc,ablc Lettez-,, of C.-redit No. 229 7"his amendment is to be considei,ed as, 1,,)art of the above letter c.f and must be ,attac'hecl theret;o, Gen- I e m e n : Th`c-.-� above �i-ientioned ir,revocable let -ter of credit is amende�,-.l as f n 1 0 W ThLe e..x,,�j,,J-ration date of this, lett-,ter of credit has, been Al -11 U J-t�' ---L,-. t )f -he ori-ginal lette.,,�,- " Jlu U U I , J. U k5 - A� J- ol c-.!redit WIL 1. e tl'-'er c, Cred lLt N(,:)-1 Practices ZL Cred.it�-�i 1-989 C'llhamber of [",'xp.J-res our countey,s MRrch. 1, 11-31311,"5 995 J-ciary` 7oT,,,7n, of Wappinge-r Box "14, 2e Middlet'llush Roa.d. wzir� Li -iger,,,.,, Falls, New Yor'k 12590 -T Klel-ri, 7'�' Suite r jP I. - . a a 231 Routle 9 Wa-pp,.! New YUr'H. -LZ090 7"his amendment is to be considei,ed as, 1,,)art of the above letter c.f and must be ,attac'hecl theret;o, Gen- I e m e n : Th`c-.-� above �i-ientioned ir,revocable let -ter of credit is amende�,-.l as f n 1 0 W ThLe e..x,,�j,,J-ration date of this, lett-,ter of credit has, been Al -11 U J-t�' ---L,-. t )f -he ori-ginal lette.,,�,- " Jlu U U I , J. U k5 - A� J- ol c-.!redit WIL 1. r,ei'iialn Subj e c t to Uniform Cllstoms and Practices for Cred.it�-�i Revisic,)ri) , In.ternational C'llhamber of V--:ry tr-uly rs, THE E,'l RiST 1�11AT NJ L BAN C)F 1--l"jDR'-)N VAL,T.E,' y a el e, y cc Jai'nes A. Klein, TyLic.. First lVational l?ank qf the lludron 11'afic, y [koute 55 e PO 4ox 310 * LaGrangeville, NY 1254C GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS IRA A. PERGAMENT ANTONIA T. LUCIA JOAN F. GARRETT" THOMAS R. DAVIS RODERICK W. CIFERRI "ADMITTED TO PRACTICE IN NY & FLA. "ADMITTED TO PRACTICE IN NY & CONN. March 7, 1995 VEERGILIS, STENGER, RoBERT'S & PERGAMENT ATTORNEYS AND CO 1611 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (914) 298-2000 FAX (914) 298-2842 Hon. Elaine Snowden Town Clerk - Town of Wappinger 20 Middlebush Road PO Box 324 Wappingers Falls, New York 12590-0324 RE: NICOLE FARMS - LETTER OF CREDIT JAMES A KLEIN, INC. Our File No. 5456.2526 Dear Elaine: LEGAL ASSISTANTS: DALE O'DONNELL AMY E. WOODARD POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (914) 452-1046 ADDRESS REPLY TO: POUGHKEEPSIE WAPPINGERS I am in receipt of the amendment to the irrevocable Letter of Credit submitted by James A. Klein, Inc. in connection with Nicole Farms Subdivision. Please be advised that I find the same acceptable as to form. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT P. ROBERTS APR/mem cc: Hon. Constance 0. Smith o:\cotiiiii(niNrolierLslL37.lti- TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 Mr. James A. Klein James A. Klein, Inc. I440 Route 9 Wappingers Falls, New York 12590 Re: Nicole Farms Letter of Credit $213,773.00 Expiring December 15, 1994 Dear Mr. Klein. September 16, 1994 CONSTANCE O. SMITH SUPERVISOR HERBERT J.LEVENSON 7.ONINq ADMINISTRATOR Please be advised that your Letter of Credit, Dated 12/15/93, expiring on 12/15/94, will have to.be replaced with a new Letter of Credit in the amount of two hundred & thirteen thousand seven hundred & seventy three dollars ($213,773.00) by no later than November 15, 1994. We also attach a blank copy of a Performance Bond, secured by a Letter of Credit, that will have to be submitted with the renewal of your Letter of Credit. We earnestly solicit your immediate attention to this very important matter, we remain, Very truly yours, Herbert J. Levenson Zoning Administrator HJL/jf JAMES A. KLEIN, inC. Builders HARK PLAZA - SUFFE 209/210 - 231 ROUTE 9 - WAPPINGERS I' LLS, N.Y. 12590 - (914) 297-4363 - FAX: (914) 2_97-8259 September 22, 1.994 Constance Smith, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Dear Connie, Sep �,c 131V With reference to our meeting of Thursday, September 22, 1994 concerning completion of Nicole Farms site plan. Due to the fact that the All Angels Hill Road work cannot be completed until Central Hudson moves its' poles which we have discussed on numerous occasions, with Central Hudson to no avail (see enclosed letter to Jay Paggi dated November 8, 1994)• 1 seriously doubt if this work will be completed before the Spring of 1995, 1 would like to propose the following: Upon satisfactory completion of all site plan work including but not limited to finishing all roads; curb berms; monuments; as -built survey; trees on completed lots and all paper work satisfactory to the Town Attorney that the Town Board take over roads and utilities in the Nicole Farms Sub -division. A letter of credit/bond will be agreed upon to complete jwlanting of trees on vacant lots and road widening as per plan of All Angels Hill Road, Kent Road and Cider Mill Loop. C /_/n Page 2 I would appreciate if you would present this proposal at the next Town Board Meeting so the work can be completed during the month of October, 1994 and taken over by the Town in November, 1994. Thank you for /our cooperation. Very truly JAMES AJKLEIIYIINC. Jame A. JAIVgd i; JAMES A. KLEIN, i n c. • Builders IMRK PI,A%A - SI IIT)" 00')/210 - ?:31 K()i 1-1-1; !I • I'VAI'1 MI;I;KS f AIA,S. i\'.Y. I? .'1(I • (914) 2!)7--13d:i - 1 -AX= ('114) :_'9- 1Q.5,I November 8, 199 Jay Paggi, Engineer Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 RE: Status Report Nicole Faxms Site Work Dear Mr. Paggi, The following is a status report on a ork to be done covered under the Nicole Fa= letter of credit. All drainage has been installed except for the last 400 feet of outfall at the end of Robin Lane into the holding pond which. will be completed by November 19, 1993, All water lines have been caT. leted. Testing of the All Angels connect- ion and last 600 feet on Robin Lane shomld be con pleted by November 19, 1993. All the raods have been rough. graded and all but 600 feet have binder installed.. 'he bander on the last 600 feet should be installed no later than December 1, 1993. The holding pond has been completed except for seeding and fencing. Seeding should be completed by November 19, 1993. With- respect to the fence l: have discussed this with Mr. Glraham,Foster, and both. Mr. Foster and myself feel a fence is- not necessary due to the shallowness of the pond and the fact that no water stays- in the pond. T would like to request that this fence be eliminated. The final finish. of the road and road berms will be completed no later than October, 1994. With respect to the work to be done on All Angels; Z have discussed this numerous times with. Central Hudson, as there are a number of poles and Page 2 guide wires to be relocated. I can't seen to get them to schedule anything and feel I an going to need help from the Town to get any- thing accomplished. In any event all the above work should be completed no later than October, 1994. I would li—M to discuss this with all parties concerned so that we can agree 4my schedule. Very truly l y /kourS , JAMES A. Jame4/A, / IWe`iKt I President TOWN CLERK ELAINE H. SNOWDEN (914) 297.5771 r,. TOWN OF WAPPINGER SUPERVISOR TOWN CLERK'S OFFICE . 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, N.Y. 12590-0324 James A. Klein, Inc. Hark Plaza Suite 209/210 231 Route 9 Wappingers Falls, NY Dear Mr. Klein: CONSTANCE 0. SMITH TOWN COUNCIL JAMES MILLS, JR. ROBERT L. VALDATI JUNE A. VISCONTI ROBERT P. WALLACE, JR. RED- FED - =iDEC ' c' ZONING ADhfl.N IsrRaroR With respect to your request for a reduction of your Letter of Credit for Nicole Farms,'which presently is in the amount of $303,802.00, this letter will serve to inform you that the Town Board of the Town of Wappinger, at their regular meeting held December 27, 1993, took it into consideration. The Board accepted the recommendations of the Town Planning Board and the Engineer to the Town, and moved to accept their recommendation and approve a reduced Letter of Credit, in the amount of $213,773.00, to replace the original Letter of Credit on file. Upon receipt of the reduced Letter of Credit, the original Letter of Credit, in the amount of $303,802.00 will be returned to you. Yours truly,. Flaine H. Snowden es Town Clerk cc: T/Planning Board H. Levenson, Zng. Adm ✓ P.O. Box 324 20 Middlebush Road Wappingers Fads, NY 12590-0324 TOWN OF WAPPINGER .1 Lo PLANNING BOARD To: Town of Wappinger Town Board From: Town of Wappinger Planning Board Re: Nicole Farms — Bond reduction -- Original bond of 1990 was $303,802.00 Date: December 21, 1993 , We, the Planning Board, have discussed the bond reduction in reference with Nicole Farms at the December 20, 1993 Planning Board Meeting. The Town Engineer, Jay Paggi, has calculated the dollar value of the work that has to be done on Nic79le Farms during calendar year 1993 and checked by calculating the dollar value of the remaining work to be done to close out the project. As per the Town Engineers comments, a motion was made by William Parsons to recommend to the Town Board a reduction of the bond to $213,773.00 for the remaining work. This motion was seconded by Chris Simonetty and a roll call was taken with a unanimous vote of aye. Sincerely, Planning Board Town of Wappinger PB/di cc: Town of Wappinger Planning Board Elaine Snowden Albert P. Roberts, Esq. Graham Foster James Klein Dan Wery Jay Paggi PAGGI & MARTIN Consulting Engineers & Land Surveyors . 54-56 Main Street Poughkeepsie, New York 12601 9114-471-7898 December 77, 7993; Zoning Administrator RECEIVED Town -of Wappingec DEC 1 0 1993 P.O. Box. 324 Wappingers Fails, New York 12590` PLANNING & ZONING Attention: Herb- Levenson - Reference: Nicole Farms. Dear Mr. Levenson:.: As per Mr. Klein's request, we have calculated the dollar value of.the� work that has beerr done on Nicole Farms during calendar year. T993, and checked by. calculating the dollar value: of the remaining work to be done to closeout the project. _ We have utilized1he: unit_ prices origlnally* used irr calculating the bond• irr 198, and extrapolated that amount ter December 1 fr, 1-994, It is our opinion that the dollar value for the remaining work irr December- 15, 1994 dollars is 1213,773.00.. I would recommend that the- bond to be, placed for the next year shall be: in that amount_ If there are any questions or comments, please do not hesitate to contact, this office. Very truly yours, G I Joseph E. Paggi, Jr., P.E. JEP:law cc: Elaine Snowden Town Board Albert P. Roberts, Esq. Graham Foster James Klein Joseph E PagYi, Jr., P.E. 1 Ernest htxrcn. jr., P.E . L5. printed on reeyded PMP,- JAMES A. KLEIN, inc.. Builders HARK PLAZA • SUITE 209/210 • 231 ROUTE 9 • WAPPINGERS FALLS, N.Y. 12590 • (914) 297-4383 • FAX: (914) 297-8259 Navmber 11, 1933 p U Herb. Levenson, Zoning Administrator Town of Wappinger Planning Board — -"- 20 HLddlebush Road ZONING ADMINISTRATOR Wappingers Falls, NY 12590 RE: Reduction of Nicole Farms Letter of Credit Dear Mr. Levenson, With. respect to the Nicole Farms letter of credit considerable work. has been done on the -road and utilities and I would like to request a reduction on our letter of credit which would reflect the current status -of work to be completed. I would 4preciate if you put me on the agenda for the Town Planning Board Meeting on December 6, 1993. Thank you for our cooperation. Very truly y s", JAMES A. IUiN, INC., //Paggi & Martin 54-56 Main Street Poughkeepsie, NY 12601 HAND DELIVERED "- The Fishkill National Bank ROS BOX 310 LaGRANGEVILLE, NY 12540 (914) 4710711 February 2, 1994 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1, 1989 Expires at our counters March 1, 1994 Beneficiary: Town of Wappinger Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 Applicant: James A. Klein, Inc. 1426 Route 9 Wappingers Falls, NY 12590 Gentlemen. CHARTER NO 35 This amendment is to be considered as part of the above letter of credit and must be attached thereto. The above mentioned irrevocable letter of credit is amended as follows: The amount of this letter of credit has been decreased from $303,802.00 to $213,773 and the letter of credit has been extended to March 1, 1995. All other terms and conditions of the original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce Publication No. 400. Very truly yours, THE FISHKILL NAT10NAL BANK & TRUST CO. vVY G " raub Executive N/Jde President, cc: James A. Klein, Inc- ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 1259"324 (914) 297-6257 To: Ron. Elaine Snowden, Town Clerk, Town of Wappinger CONSTANCE 0. SMITH SUPERVWR HERBERT J. LEVENSON ZONING ADMINISTRATOR From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger Re: Nicole Farms AKA James Klein, Inc. Irrevocable Letter of Credit No. 229 Date: April 6, 1994 We transmit to you the above Letter of Credit for safekeeping. We simultaneously are forwarding a copy of this to Mr. Albert P. Roberts for a legal opinion so that he can advise the Town Board as to acceptability. Thank you for your kind cooperation, we remain, The Fishkill National Bank P.O. BOX 310 LaGRANGEVILLE, NY 12540 (9141471-1711 Town of Wappinger Planning Board Box 324, 20 Middlebush Road Wappingers Falls, New York 12580 ATTN: Elaine Snowden Dear Ms, Snowden: February 2, 1994 CHARTER No. 35 Enclosed please find our amendment to Letter of Credit No. 229 dated February 2, 1994 in your favor for James A. Klein, Inc. Please acknowledge receipt of this Letter of Credit by signing below and returning this acknowledgement to: The Fishkill National Bank & Trust Co. Commercial Credit Department P. 0. Box 310, Route 55 LaGrangeville, New York 12540 Acknowledged by: Very Truly Yours, THE FISHKILL NATIONAL BANK•& TRUST CO. orPalmatier Credit Analyst Commercial Credit Department Date ,<"\ CV -/ P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 TOWN OF WAPPINGER To: Town of Wappinger Town Board From: Town of Wappinger Planning Board PLANNING BOARD Re: Nicole Farms - Bond reduction - Original bond of 1990 was $303,802.00 Date: December 21, 1993 We, the Planning Board, have discussed the bond reduction in reference with Nicole Farms at the December 20, 1993 Planning Board Meeting. The Town Engineer, Jay Paggi, has calculated the dollar value of the work that has to be done on Nicole Farms during calendar year 1993 and checked by calculating the dollar value of the remaining work to be done to close out the project. As per the Town Engineers comments, a motion was made by William Parsons to recommend to the Town Board a reduction of the bond to $213,773.00 for the remaining work. This motion was seconded by Chris Simonetty and a roll call was taken with a unanimous vote of aye. Sincerely, Planning Board Town of Wappinger u, �1 PB/di cc: Town of Wappinger Planning Board Elaine Snowden Albert P. Roberts, Esq. Graham Foster James Klein Dan Wery Jay Paggi PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 December ?T, 1'993' Zoning Administrator Tower of Wappinger P.O. Box 324 Wappingers Fslls, New. York 12594 Attention:. Herb Levenson Reference: Nicole Farms, Dear. Mr. Levenson: As. per Mr. Klein's request, we have calculated the dollar value of the work that has, been done on Nicole Farms during..: calendar year 1993, and checked by calculating: the dollar value of, the remaining.: work to be done to close out the project. We haves utilized the unit prices= originally used in calculating: the bond in 1988, and extrapolated, that amount to- December 15, 1994. It is our opiniorr that the. dollar value for the- remaining_ work in December 15, 1994 dollars is $21 a,773'.00. I would. recommend that the bond, to be placed for the next year shall be_ in that amount.. If there are any questions or comments, please do not hesitate to contact this office. Very truly yours, '�20"V.5' �' cfr' 1-e;� - 6 Joseph E. Paggi► Jr., P.E. R ECE41 ED JEP:1aw cc: Elaine Snowden Town Board Albert P. Roberts, Esq. Graham Foster James Klein Joseph E. Paggi, Jr., P_E. Ernst Martin, Jr., P.E.. L.S.,.0 printed on recycled paper O4 JAMES A. KLEIN, ince -,Builders G.� AJ HARK PLAZA • SUI'T'E 209/210 • 231 ROUTE 9 • WAPPINGERS FALLS, N.Y. 12590 • (914) 297-4383 • FAX: (914) 297-8259 �. November 11, 1993 n Herb. Levenson, Zoning Administrator Town of Wappinger Planning Board 20 Middlebush Road 'ZONING ADMINISTRA`[OR Wappingers Falls,`.W 12540 RE: Reduction of Nicole Farms Letter of Credit Dear Mr. Levenson, With respect to the Nicole Farms letter of credit; considerable work. has: been done on the road and utilities and I would like to request a reduction on our letter of credit whicii.would reflect the current status of work to be completed. I. would appreciate if you put me on the agenda for the Town Planning Board Meeting on December 6, 1993. Thank you foryour cooperation. - /,/Paggi & Martin I 54-56 Main Street Poughkeepsie, NY 12601 HAND DELIVERED M TOWN CLERK ELAINE H. SNOWDEN (914) 297-5771 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLESUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, N.Y. 12590-0324 ,lames A. Klein, Inc. Hark Plaza Suite 209/210 231 Route 9 Wappingers Falls, NY Dear Mr. Klein: SUPERVISOR CONSTANCE O. SMITH TOWN COUNCIL JAMES MILLS, JR. ROBERT L. VALDATI JUNE A. VISCONTI ROBERT P. WALLACE, JR. &C- ( �q 3 With respect to your request for a reduction of your Letter of Credit for Nicole Farms,'which presently is in the amount of $303,802.00, this letter will serve to inform you that the Town Board of the Town of Wappinger, at their regular meeting held December 27, 1993, took it into consideration. The Board accepted the recommendations of the Town Planning Board and the Engineer to the Town, and moved to accept their recommendation and approve a reduced Letter of Credit, in the amount of $213,773.00, to replace the original Letter of Credit on file. Upon receipt of the reduced Letter of Credit, the original Letter of Credit, in the amount of $303,802.00 will be returned to you. Yours truly,. Elaine H. Snowden es Town Clerk cc: T/Planning Board H. Levenson, Zng. Adm N A rjo 55 The Fishkill National Bank z P.O. BOX 310 LaGRANGEVILLE, NY 12540 W {914} 471-1711 -IliLlSHEb t' Town of Wappinger Planning Board Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 ATTN: Elaine Snowden Dear Ms. Snowden: February 24, 1993 CHARTER NO. 35 Enclosed please find our amendment to Letter of Credit No. 229 dated February 18, 1993 in your favor for James A. Klein, Inc. Please acknowledge receipt of this Letter of Credit by signing below and returning this acknowledgement to: The Fishkill National Bank & Trust Co. Commercial Credit Department P. 0. Box 310, Route 55 LaGrangeville, New York 12540 Very Truly Yours, THE FISHKILL NATIONAL BANK & TRUST CO. Lori A. Palmatier Credit Analyst Commercial Credit Department Acknowledged b -y: -;147 (,utLc u 3 Date The Fishkill National Bank P.O. BOX 310 LaGRANGEWLLE, NY 12540 (914) 4711-1711 February 18, 1993 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1., 1989 Expires at our counters March 1, 1993 Beneficiary: Town of Wappinger Box 324, 20 Middlebush Road Wappingers Falls, New York 1259,0 Applicant: James A. Klein, Inc. 188 Old Hopewell Road Wappingers Falls, NY 12590 CHARTER NO. 35 'This amendment is to be considered as part of the above letter of credit and must be attached thereto. The above mentioned irrevocable letter of credit is amended as f 0 2.10 : All other terms and conditions of the original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce Publication No. 400. Very truly yours, THE FISHKILL NATIONAL BANK Frank G./o or Executive Vice President cc: James A. Klein, Inc. The Fishkill Nadonal Bank P.O� BOX 310 LaGRANGEVILLE, NY 125,40 (914) 471-1711 February 20, 1992 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1, 1.989 Expires at our counters March 1, 1992 Beneficiary: 'Town of Wappinger Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 Applicant: James A. Klein, Inc. 188 Old Hopewell Road Wappingers Falls, NY 12590 Gentlemen: CHARTER NO 35 This area is -to be considered as part, of the above letter of credit and niust, be attached thereto. The above mentioned irrevocable letter of credit is amended as f 01. lows � The letter of credit has been extended to March 1, 1993. All other terms and conditions of the original letter of credit will remain unchanged. Subject, to Uniform Customs and Practices for Documentary Credits d 199 Revision), International Chamber of Commerce Publication. No. 400. Very -truly yours, THE FI KILL NATIONAL BANK rank raub Executive Vice President CC' James A. Klein, Inc. ZONING DEPARTMENT 20 MIDDLEBIJSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 TOWN OF WAPPINGER December 9, 1991 Mr. James Klein James Klein, Inc. 188 Old hopewel l Road Wappingers Falls, New York 12590 HERBERT J.LEVENSON ZONING ADMINISTRATOR Re: Nicole Farms Letter of Credit Dear Mr. Klein: This is to inform you that your Letter of Credit, in the amount of three hundred three thousand eight hundred and two dollars ($303,802.00) will expire on Larch 1, 1992. Kindly make arrangements to have a renewal.of the Letter of Credit in the office of the Zoning Administrator no later than February 1, 1992. Thank you for your continued cooperation, we remain, Very truly your Herbert/J._je6venSon Zoning'Administrator HJL/jf CC: Town Board Planning Board Albert P. Roberts, Esq. J. Pa ggi , Jr. , P. E. Raymond Arnold, AICP Graham Foster, Supt of Hgwys. ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 HERBERT J. LEVENSON ZONING ADMINISTRATOR To: Hon, Elaine Snowden, Town Clerk, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator Re: Nicole Farms - Letter of credit #229-Fishklll Nat'l. Bank We attach an amendment to irrevocable letter of credit #229 on the above subdivision. Thank you for your cooperation. HJL/j f �7 TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPMEFIS FALLS, NY 12590-0324 (914) 297-6257 Mr. Albert P. Roberts, Esq. c/o Gellert & Cutler, P,.C. 75 Washington Street Poughkeepsie, New York 12601 Re: James A. Klein, Inc. D/B/A Nicole Farms Letter of Credit #229 Dated: March 1, 1989 Expires: March 1, 1992 Dear Mr. Roberts: February 24, 1992 .1 HERBEnT J. LEVENSON ZONINO ADOWSTHAlOn Attached you will please find a fax copy received by this office. We forward this to you for a legal opinion as to adequacy. Original copy to follow in mail. Many thanks for your continued cooperation. Very t-ul 'ours, Very '6 r erbe" t Levensoh f , Zoning Adminf9rator HJL/jf CC: Town Board Raymond Arnold, AICP J. Paggi, Jr., P.E. Attachment (l) 938= �F-97z- 7 TOWN CLEI�K LAGRANGE FL TEL:914-4�1-4165 Feb 20,92 16:21 No.016 P.02 C11Afi R NO. 35 The Fishkill National Bank P,O. BOX ala LuGRANGEVUE, NY 1254.0 (914}471-1711 February 20, 1982 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 22.9 Dated: March 1, 1989 Expires at our counters March 1, 1892 FEB 2 0 1992 Beneficiary: Town of Wappinger Box 324, 20 Mi.ddlebush Road Wappingers Falls, New York 12590 ZONING.ADMINISTRATOR Applicant; James A, Klein, Ino, 188 Old Hopewell Road Wappingers Falls, NY 12590 This amendment is to be considered as part of the above letter of credit and must be attached thereto. Gentlemen: The above mentioned irrevocable letter of credit is amended as follows: The letter of credit has been extended to March 1, 1993. All other terms and conditions of the' original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Uocumentary Credits (1988 Revision), International Chambor of Commerce Publication No. 400. Very truly yours, THS FIHHKILL NATIONAL BANK. rank araeub Executive Vice President CQ'- James A. Klein, Inc. ZONING DEPARTMENT 20 MIDDILEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590-0324 (914) 297-6257 December 9, 1991 Mr. James Klein James Klein, Inc. 188 Old hopewell Road Wappingers Falls, New York 12590 Re: Nicole Farms Letter of Credit HERBERT J. LEVENSON ZONING ADMINISTRATOR Dear Mr. Klein: This is to inform you that your Letter of Credit, in the amount of three hundred three thousand eight hundred and two dollars ($303,802.00) will expire on March 1, 1992. Kindly make arrangements to have a renewal of the Letter of Credit in the office of the Zoning Administrator no later than February 1, 1992. Thank you for your continued cooperation, we remain, Very try you herDert/j.L-,evenson Zoningministrator HJL/jf CC: Wh°'" 11 a rd Planning Board Albert P. Roberts, Esq. J. Pa ggi , Jr. , P. E. Raymond Arnold, AICD Graham Foster, Supt of Hgwys. The Fishkill National Bank P.O. BOX 151 BEACON, N.Y. 12508-0151 (914) 831-1180 . September 25, 1990 D Town of Wappinger SEP 26 Planning Board Box 324, 20 Middlebush Road ELAINE SNOWDEN Wappingers Falls, New York 12.590 TOWN CURK ATTN: Elaine Snowden Dear Ms. Snowden Enclosed please find our amendment to Letter of Credit No. 229 dated September 19, 1990 in your favor for James A. Klein Inc. Please acknowledge receipt of this Letter of Credit by signing below and returning this acknowledgement to: The Fishkill National Bank Commercial Credit Department F.O. Fox 151, 200 Main Street. Beacon, NY 12508-0151 Very truly yours, THE FISHKILL NATIONAL BANK J#7 &eW& Jeffrey Burchell. Assistant Cashier Corinercial Credit Dept. Acknowledged by: Date CHARTER NO. 35 �J), 00[$ pui[I anjuA pa,epja* kep ssaupnq pwas ja El wojj�Aue aq� bui Insai SLUIBIO woj; ssajdx3 P3P9J SEE)ILUA04 PPq IPUB AJIUWBPLI! El ryd m 1:1 41 0� nyvanisCPu El 9 jpqs pug q)LIF)I119PLliqqoqpdILISlWfl� ssa.Idpapj sazpotflne japues 0aAqdajq 'dA00 X -110A PV , da -Md HUMUS 9011 UVQ NOISIRM El a dGSPPtfd I�Vd jqqLLJnN &94otdLu3 x3pa 3aftl El -q PaA!9',)9H GW!j /GIL dw,,, jp_) dals wqpbaH 1-1 t ISIAMIS WIMSymo El z 6 MufflyNo p. x ev Aq POA!80alA . .... . M 321 A go El 9 w 00V pN Jhl) P4,3� x0a El c [viol le➢ul fssan�,Aos 30MVIIHAUng INVISNOO El 9 9 0,91HUM0 dq aluls 4 0 sam 617OH30NVD *MOVAM.? SIA0 a-0"q—"WaVnIVS MM739 C El t mid INNMINO El sseAppv 199AS A VUM33M 113AI73U[3 � a"401, PICH. NO [3 1.0 J'6LID 0 4��d PAU El dfi-.V.Itd HO -4 070H 13 ia"JIMMAd" n I ! A I qfm!B�I�H'd waLudiqS ujmi�j [] P9AID-H 4SUD 0 IYOUM MUM UNIIUNVII MAUS ONY AMM730 9301AH3s �Uuapoj MING HODA ON,dw3 M0 El 0 PJBO ppolo We 'ON mv .3pad Aved PAC live ON JMV x3pa�j S JU0!dpaLj 11130 il�pu@113 PUM lIV3NAVd J kl� A ssaippv QJQH 'WOJPPV XIOU WPM 'dn-ROld MOd a ION 41 tMOANI NO A(V3ddV 771M, 91 VHVHD'Pg ISM191 NUUMUOINI'mumu awnta unoA + Pal!nNu d1Z 40 = 40 ---7T-7777777777-77'-777777 -t-saP03 0Z R 'Od Ju SMOO '0 �l 04 JJ�Y?0 4 QUIJflPM) ESIIPPV P 94S 10 ?X3 SS@JPPV P -As j, Auudwo pN aocjj/4uaku4ludacj ALledwoo ...... ...... �v V ff {yuruldlll 1114 a-Ilq,�Ls WDICIuOaH IUM �MGld (awUN S,jLJ0!dp@H� al (juv7jcdwj kalO .10CIPON OUG qd pno, k 1UPd OSEOW (OweN MDA)l WQJ� AdOO SIN31di.93H alvo O'', 17 '318) 7701 9900 -SCO -008 77V3 MOUS304 Vowpp -J"f U39NRN SNIMOYMI Viumd 01 9IN3WINS 00i ?7fsAvm Mv IVNVIIVMH31NI 3ml UP BVMOVd 'IMM M QNV VMSVIV "VS'fl TVINMUN0,94fil NINDM qlM3NdfH9 21193NOD UGJ I BMW SMIJ Of) The Fishkill National Ba�k P.O, BOX 151 BEACON, N.Y. 12568-0151 (914) 831-1180 April 3, 1991 Town of Wappinge,,,- FLanning Board Box 324, 20 Middlebush Roa,J, Welp0gers Falls, New YarR 1259(', ATTN: EjBina Snowden Enclozed please find our amendment to Letter of Credit No, 229 dated April 3, 1991 in yourJavor for Jameb A, b. E. Please acknowledge receipt of this Letter of Credit amendmeh''',�.' by signing b5low and returping this acknowledgement W The WOW! National Ban]:� Coamercial Credit D. ,.i P.O. Box 151, 200 Main Street Beacon, NY 12508-0101,, Very truly .et OUodd THE FISHKILL NATIONAL BANK Jeffr, BUrchuh, Assintant Whie',r Commerci& Credit Depb, Acknowledged by: Dat _, CHARTER NC. 35 The Fishkill National Bank P.C. BOX 151 BEACON, N.Y. 12508-0151 (914) 831-1180 April 3, 1991 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1, 1989 Expires at our counters March 1, 1992 Beneficiary: Town of Wappinger Box 324, 20 Middlebush Road Wappingers Falls, New or 12590 Applicant: James A. Klein, Inc. 188 Old Hopewell Road Wappingers Falls, NY 12590 CHARTER NO 35 This amendment is to be considered as part of the above letter of credit and must be attached thereto. The above mentioned irrevocable letter of credit is amended as follows: The letter of credit has been extended to March 1, 1992. All other terms and conditions of the original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Documentary Credits (1 983 Revision), International Chamber of Commerce Publication No. 400. Very truly yours, THE FISHKILL NATIONAL BANK 4"I'd k' Executive Vice President cc! James A, Klein, Inc. The Fishkill National Bank RO, BOX 151 BEACON, N.Y. 12508-0151 (914) 831-1180 RFV 1 SMI, Don =Kr 4 , 7 OR,, Thi� smondmont 1E V� %� wt rcd v 3n i" 4 1 iott"r A wrKdlt nnj mnst b, antochyd Owntn Tho nhnw montimad !rraonmblw WnVr A n &t �q moqdod a� C-1 00 0 1 to r a F crA L has Vow 1--f �awoj Y OWN! CHARTER NO 35 A 1 1 0 K�r t orm and uovdK ° nnA of th" oil zinal j o t wr wr -rod Y_ will movik Uncypngco Fahjnit to uplf4rm fwntnmr cad yrvnninn� incumenhw" MOVIn 11931 ROVIAL00, cm 43 an No 40), Vory truly yown, TH, p4l, K"M NA. ONAL RAM"' Fran� yr rau Exooqtiv The Fishkill National Bank P.O. BOX 151 BEACON, N.Y. 12508-0151 (914) 831-1180 CHARTER NO. 35 December 4, 1090 Planninz Bcard M 4 ra.ils, YcDrk 12590 ATFIN7: J-osa_d f] --rid nur 'M'Jr*-n,'!',-)ent t�--- Letter Z�,f t Nc) date. Dc-c�,--nnh,,er 4, 'm 'Sl cur fa.vcr for Jame;3 A 'W I ri i n c return tlhe am:2ndj-n(znt. sent tc) you wit -h "D I achnc-w d ge c-,ce-ip`1-1 c.f this Le�tuter rC-)f e it by and retur,ri-ing th.is to: The Fishkill Natior,.al Bank Commerr--,in1 Cr,:�6-it D�----irtm.ent 12508--01,51- V e 1'Y t rU. 1 0 U r 3 T HE F T H'K i L L I ATI ON" A L '21, A N, K 7 Date CHARTER NO. 35 The Fishkill National Bank P.O. BOX 151 BEACON, N.Y. 12508-0151 (914) 831-1180 :�eTDtember 19, 1990 Amendment to Irrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: March 1, 1989 Expires at our counters March 1, 1990 Beneficiary: Applicant: Gentlemen: Town of Wappinger Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 James A. Klein, Inc. 188 Old Hopewell Road Wappingers Falls, NY 12590 This amendment is to be considered as part of the above letter of credit and must be attached thereto. The above mentioned irrevocable letter of credit is amended as follows: The amount of this letter of credit has been decreased from $528,601 to $303,802. All other terms and conditions of the original letter of credit will remain unchanged. Subject to Uniform Customs and Practices for Documentary Credits (1983 Revision), International Chamber of Commerce Publication No. 400. cc• James A. Klein, Inc, Very truly yours, THE FTSHKILL NATIONAL BANK Frank G. Straub Executive Vice Presiden 61 The Fishkill National Bank P.C. BOX 151 BEACON, N.Y. 12508-0151 (914) 831-1160 September 25, 1990 Town of Wappinger SEP 2 6 1990 Planning Board Box 324, 20 Middlebush Road"INESNOWi,-�iq Wappingers Falls, New York 12590 TOWN CLERK'- ATTN: Elaine Snowden Dear Ms. Snowden: Enclosed please find our amendment to Letter of Credit No. 229 dated September 19, 1.990 in your favor for James A. Klein Inc. Please acknowledge receipt of this Letter of Credit by signing below and returning this acknowledgement to: The Fishkill National Bank Commercial Credit Department P.0- Box 151, 200 Main Street Be^a-!on, NY 125108-0151 Very truly yours, THE FISHKILL NATIONAL BANK Jeffrey Burchell Assistant Cashier Commercial Credit Dept. Acknowledged by: CHARTER NO 35 TOWN CLERK ELMNE H. SNOWOEN (914) 297-5771 September 28, 1990 TOWN OF WAPPINGER TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD P,0. BOX 324 WAPPINGERS FALLS, N.Y. 12590-0324 Mr. Frank G. Straub, Executive Vice President The Fishkill National Bank P.O. Box 151 Beacon, N.Y. 12508-0151 Re: Letter of Credit No. 229 James A. Klein, Inc. Nicole Farms -- $528,601.00 Dear Mr. Straub: supu� vlson CONSTANCE O. SMITH TOWN COUNCIL VICTOR L. FANUELE JOSEPH INCORONATO ROBERT L. VALDATI JUNE A. VISCON I I We have received an amended Letter of Credit, above captioned, reducing the present amount to $303,802, which was approved by the Town Board of the Town of Wappinger at their September 24th, 1990 meeting. Enclosed herewith is the Letter of Credit we are holding in the original amount of $528,601.00, for your record. Thank you for your cooperation. Yours truly, Elaine H. Snowden Town Clerk L �� Q, R P,N ,E 2 F L TEL :914-471-4165 Sep 21,90 The Fishkill National Bank P,o DOX 151 REACQN, NY 1250 -0151 (q1.1) 8.,11-1i8o I —b C Zeptember 19, 1990 Amendment to Trrevocable Letter of Credit No. 229 Letter of Credit No. 229 Dated: M4rch 1, 1989 Expires at our counters March 1, 1990 BenefiolarY: T:own of WaPPinger Box 324, 20 Middlebush Road Wappizjgers Falls, New York 12590 Applicant: James A. Klein, Inc, la $ old Hopewell Road Wappingers FaI15 , NY 12590 11 11 I'd 0C)? P . '--11 C'kIAM Ell' NI) as This amendMent is to be consid,sred a8 Part of the above letter o� credit and must be attached theret<, Gentlemen: The above mentioned irrevocable letter of oredit is amended as follows' f cr�tdjt has been dec-'-�ased frim The amo�Ant Of th's letter 0- $528,001 to $303,802. All other terms and conditions of the original lettander oPractf cre-dices it wAll ,main urichanged. Subioct to Uniform Customs fo.r Documentary Credits (1400983 P. vision), jnternatiQnal Chamber Of Commerce publicatior, No, . Very trulY your5> THE FISHKILL NATIONAL BANK tfaub Frank G. Executive Vice President 0Q, James A. Klein, lno, I I I I oll z 0 LO 7p <rn z co PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 Tec.. 297-6257 To: Town Board, Town of Wappinger From: Herbert J. Levenson, Zoning Administrator Re: Nicole Farms/James Klein et al Date: September 18, 1990 At the meeting of the Planning Board, held on September 17, 1990, they approved the reduction of the original bond in. the amount of $528,601.00 to $303,802.00. Thank you for the opportunity to be consulted. HJL/j f PAGGI & MARTIN Consulting Engilieers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471--7898 November 16, 1995 Zoning Administrator Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Reference: Don Close Nicole Farms As a follow-up to our November 13, 1995 correspondence to your office, please be advised that we are in receipt of the following revised deed descriptions for the above project. These were transmitted by fax to my office on November 15, 1995 by Barger, Day & Oswald. I have reviewed the revised descriptions transmitted to us, and report the following: 1. The DRAINAGE EASEMENT DESCRIPTION across Lot Nos. 1 through 19 dated revised November 15, 1995. 0 The two discrepancies previously found have been rectified, and the deed description is now in conformance with File Map No. 8705 2. The ROADWAY DESCRIPTION OF -ROBIN LANE dated revised November 15, 1995. 0 It now shows the area of land being deeded from Mr. Klein to the Town of Wappinger is 2.90 acres of land, and therefore, acceptable. As per my previous correspondence, the remaining descriptions were in conformance with the Filed Map at the time originally submitted. OD Jost ph E. I's ggi,jr,, P.E. Ernst Martin, Jr., P.E., L.S. 1��a printed on recycled paper PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 November 13, 1995 Zoning Administrator Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Reference: I OTT, M Don Close Nicole Farms We are in receipt of deed descriptions for the drainage easements, road right-of-ways, site easements, and water line easement for the above subdivision. These were transmitted to my office on November 7, 1995 by Jim Klein. I have reviewed the descriptions transmitted to us, and report the following: 1. DRAINAGE EASEMENT DESCRIPTION across Lot Nos. 1 through 19, dated October 25, 1995: The bearing along the southerly line of Lot No. 19 is read in the description as North 850 45' 26" East, AND in the description prepared for the individual plot plan it is noted as North 850 54' 26" East., 0 The length of line along the southerly direction of Lot No. 1 is listed in the description as 280.65 feet, AND appears in a previous description as 280.64 feet. The above two (2) discrepancies should be rectified. Joseph E. Paggi, Jr., P. E. Ernst Martin, Jr., P.E., L.S. 9priored on recycled paper Mr. Don Close - 2 - November 13, 1995 RE: Nicole Farms 2. ROADWAY DESCRIPTION OF ROBIN LANE dated October 25, 1995: * It is in conformance with the Filed Map No. 8705. 0 The area is listed as containing 0.00 acres of land. This statement shouid either be removed or the exact land area should be calculated. 3. SIGHT EASEMENT ACROSS L 0 T NO. 38 dated October 25, 1995. 0 Is in conformance with Filed Map No. 8705. 4. SIGHT DISTANCE ACROSS L 0 T NO. 1 dated October 25, 1995. 0 Is in conformance with Filed Map No. 8705. 5. RIGHT -OF -WA YA,CQUISITION ON KENT ROAD adjacent to Lot No. 37 dated October 25, 1995. 0 Is in conformance with Filed Map No. 8705. 6. -25'DRAINAGE EASEMENT across Lot Nos. 28 and 29 dated October 25, 1995. 0 Is in conformance with Filed Map No. 8705. 7. 25' WATERLINE EASEMENT through Lot No. 26 dated October 25, 1995. 0 Is in conformance with Filed Map No. 8705. Please note that we have not checked these descriptions for mathematical accuracy, however, have checked them for conformance with the Filed Map referenced above. By copy of this letter, I am notifying Mr. Klein of the discrepancies that should be rectified, and asking that he do so and resubmit them. Mr. Don Close - 3 - November 13, 1995 RE: Nicole Farms If they are re -submitted they should show a revision date so we may reference them in a final paper submitted to the Town. If there are any questions, please do not hesitate to contact this office. Very truly yours, Joseph E. Paggi, Jr., P.E. JEP:Iaw cc: Constance 0. Smith James Klein Bob Oswald Albert P. Roberts, Esq. Elaine Snowden PAGGI & MARTIN Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471_7898 March 6, 1989 Mrs. Elaine Snowden Town Clerk Town of Wappinger Box 3")A 20 Middlebush Road Wappingers Falls, New York 12590 Reference: Letter of Credit Nicole Farms Dear Mrs. Snowden: MAR 8 1989 ELAINE H. SNOWDEN Town clark I am in receipt of a copy of the letter of credit from Fishkill National Bank regarding the above project. Please be advised that the amount listed in the Letter of Credit is as calculated by this office and that the format from my, point of view is acceptable. Please note that this Letter of Credit has a term of two years and at that point in time, if the Letter of Credit is still desired by the Town, the Town should make a request to extend it for the remaining duration of the project. If there are any questions and/or comments, please do not hesitate to contact me concerning this matter. Joseph E. Paggi, Jr., P.E. JEP:hs cc: Herb Levenson Town Board Tom wood, Esquire 87-003-46 -0 Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., I—S. PAGIGI & MARTIN Con,wlfirt� E'3igl'neers & Lind Surue_v)r.s 54-56 %laM Strcct Poughk-eq)-sle, New York 12601 1) 14-471 1-789 8 August 21 , 1990 Town Board Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, New York 12590 Reference: Nicole Farms Dear Board Members: The Developer of the Pbove subdivision, completed a certain portion -of the work subdivision. With this mind, he wishes amount of the bond he now has in favor Wappinger. James Klein, has for the above to reduce the face of the Town of We have calculated the value of the improvements installed and inspected by the office to date, and have assigned a value to them of $279,170.00. This figure allows for the inflation that has occurred during the last two (2) years since the bond was originally calculated. This leaves a net amount of $303,802.00. It would be our opinion that the bond may be reduced to this amount at this time, and still afford the Town proper protection. According to Section 277 of Town Law, the Town Board must approve this bond reduction and then notify the Planning Board of this approval. The Planning Board at that time must have a Public Hearing and make a determination if the bond should be reduced. Please note that I have consulted the Town Highway Superintendent, and he is in agreement with this reduction. Jose ph E. Paggi, j r — R 1', , Ernst Martin, Jr., P.E., LS August 21, 1990 Page Two Town Board Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, New York 12.890 Reference: Nicole Farms If there are any questions or comments in this matter, please do not hesitate to contact me. Very truly yours, Joseph E. Pa JEP: law cc: Graham Foster, Highway Superintendent Herb Levenson, Zoning Administrator Elaine Snowden, Town Clerk Al Roberts, Town Attorney James Klein Planning Board 87-003 (46) CHARTER NO. 35 The Fishkill National Bank P.0, BOX 310 LaGRANGEVILLE, NY 12540 (914) 471-1711 P44 Me Town of Wappinger Planning Board Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 Attn: Elaine Snowden, Town Clerk Applicant: James A. Klein, Inc. 188 Old Hopewell Road Wappingers Falls, N.Y. 12590 Dear Ms. Snowden: March 1, 1989 Re: Letter of Credit No. 229 Expiration: March 1, 1991 Amount: five hundred twenty eight thousand six hundred one and 00/100 U.S. Dollars (U.S. $528,601.00) We hereby issue our Irrevocable Letter of Credit in your favor available by your drafts at sight on us for a sum not exceeding U.S. $528,601 for the account of the Town of Wappinger, to be accepted by your signed statement that drawing is due to default or failure to perform by James A. Klein, Inc. the following improvements on or before March 1, 1991: As per the specifications in the letter from Paggi & Martin dated December 16, 1988, received by the Planning Board of the,Town of Wappinger on December 19, 1988 and in the letter from Paggi & Martin dated February 23, 1989, received by the Planning Board of the Town of Wappinger on February 27, 1989. in Nicole Farms, a subdivision, in the Town of Wappinger, Dutchess County, New York. Acting through the Town Supervisor, you will notify us in writing by certification when either: 1) The improvements have been timely completed and the credit may be released, or 2) The purchaser has failed to perform or is in default thereunder. 3) This original letter of credit document must accompany your signed statement. All drafts drawn hereunder must be marked: "Drawn under the Fishkill National Bank, Credit No. 229 dated March 1, 1989." The amount of any draft drawn under this credit must, concurrently with negotiation, be endorsed on the reverse side hereof. The Fishkill National Bank P.O. BOX 310 LaGRANGEVILLE, NY 12540 (914) 471-1711 Town of Wappinger March 1, 1989 Page 2 CHARTER NO. 35 Except so far as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practice for Commercial Documentary Credits (1983 revision), International Chamber of Commerce, Publication No. 400, We hereby agree with you that drafts drawn under and in compliance with the terms of this credit shall be duly honored on due presentation and delivery of documents as specified if negotiated on or before March 1, 1,991. Very truly yours, THE FISHKILL NATIONAL BANK Frank G Straub Executive Vice President cc: James A. Klein, Inc. The Fishkill National Bank P.O. BOX 310 LaGRANGEVILLE, NY 12540 (914) 471-1711 March 1, 1989 Town of Wappinger Planning Board Box 324, 20 Middlebush Road Wappingers Falls, New York 12590 Attn: Elaine Snowden, Town Clerk Dear Ms. Snowden: CHARTER NO. 35 ELAINE H. SNOWDEN Town C4erk Enclosed please find our Letter of Credit No. 229 dated March 1, 1989 in favor of James A. Klein Inc. Please acknowledge receipt of this Letter of Credit by signing below and returning this acknowledgement to: The Fishkill National Bank Commercial Credit Department P.O. Box 151, 200 Main Street Beacon, NY 12508-0151 Very truly yours, THE FISHKILL NATIONAL BANK Pamela Timmons Assistant Cashier Commercial Credit Dept. Acknowledged by: Date PLANNING BOARD TOWN OF WAPP[NGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-6257 I? January 3, 1985 Mr. James Klein, Inc. old Hopewell Road Wappingers Falls, New York 12590 Re: Nicole Farms Subdivision - 38 lots Kent Road & All Angels Hill Road Wappingers Falls, New York 12590 Dear Mr. Klein: At the December 12, 1988 meeting of the Planning Board of the Town of Wappinger, a motion was made by James Mills, and seconded by Chris Simonetty: WHEREAS, an application for final approval of a subdivision plat entitled "Nicole Farms, Dutchess County, New York," was received on February 8, 1987. WHEREAS, the conditions of final approval of said subdivision plat, granted by the Town of Wappinger Planning Board on December 12, 1988, have been met, except as noted below. NOW, THEREFORE, BE IT RESOLVED that the application of,_JamesKlein, for an approval of a subdivision plat entitled, "Nicole Farms, Town of Wappinger, Dutchess County, New York," and dated 10/18/88, and revised 7/22/88, 9/16/88, 9/20/88, 9/27/88, 9/30/88 and 10/18/88, prepared by Barger, Gray & Railing, Engineering & Surveying, P.C., be approved subject to the following conditions, and that the Chairman be authorized to endorse approval of said subdivision plat upon compliance with said conditions by the applicant, with conditional approval, shall expire six (6) months from the date of this resolution if the applicant has not complied with the conditions set forth: 1. Approval of the Dutchess County Department of Health shall be obtained.on water supply and sewage disposal prior to Final Approval. 2. Curb cuts shall be obtained from the Town of Wappinger Highway Superin- tendent prior to Final Approval. 3. Drainage flow patterns shall be indicated on the individual plot plans for any surface waters that enter upon properties of other person, the applicant shall obtain letters from the same permitting discharge. Page 2 - Nicole Farms Subdivision -38 lots 4. The following improvements shall be required: a. All storm water shall be conveyed by pipe to natural drainage courses. b. No open stream will be allowed unless permission in writing is obtained from the Town of Wappinger Highway Superintendent. 5. The Fire Prevention Bureau shall review the plan and submit any recommend- ations that they may have prior to Final Approval. 6. Downstream drainage fee of $200.00 per lot on the final plat shall be paid prior to the signing of the plat. 7. Lowest opening of all houses (windows, doors, garage doors, crawl space, etc.) shall be at least two (2) feet above the finished road grade, unless waived by the Town of Wappinger Highway Superintendent and/or the Engineer to the Town. 8. All footing drains and roof leaders shall be piped into the storm drainage system, if specified by the Town of Wappinger Highway Superintendent. 9. For each lot an application shall be made for a Grading Permit, which shall meet the Soil Erosion and Sediment Control Ordinance requirements, including submission of a plan showing design and materials and at least a month by month schedule. 10. Five (5) copies of the filed map shall be required for Planning Board distribution. Said copies shall be required from the Dutchess County Clerk's Office. ll.Recreation Fee of $650.00 per lot on the final plat shall be paid in lieu of land contribution prior to signing of the plat. 12. A Performance Bond in the amount of $528,601.00 shall be posted with Town of Wappinger and such bond shall be in compliance with the Town of Wappinger and shall be reviewed by the Attorney to the Town as to its manner of execution, for and sufficiency to guarantee and assure full compliance.by the applicant with all terms, conditions, requirements and provisions as set forth in this resolution. 13, An inspection fee of $17,490.00, estimated by the Engineer to the Town, shall be deposited with the Comptroller of the Town of Wappinger through the Zoning Administrator's Office in the form of a Certified Check or Bank Money Order. Ir 14. The following additional requirements or conditions must be met: a. Submission of fees as per Town requirements in the form of separate Certified Checks or Money Orders made out to the order of the Town of Wappinger: 1. Recreation Fees Page 3"- Nicole Farms Subdivision -38 lots 2. Downstream Drainage Fees 3. General development/other fees 15. No certificates of occupancy will be issued unless the lot bounds are staked out and possession survey of premises is filed with the Building Inspector containing legend that stakes have been set as shown thereon. 16. The mitigating measures as specified in Part ill of the Environmental Assessment Form, and approved by the Planning Board following the SEQRA review, shall be implemented as part of the subdivision and a C.O. shall not be issued until all mitigating measures so specified have been complied with. 17. The applicant's engineer and the Engineer to the Town, shall come to an :agreement on the elevations of the houses prior to the signing of the plat. of BE IT FURTHER RESOLVED that soil shalll\be removed from any or all areas reserved for drainage and/or flood control; including all easements and rights ;of ways, except in accordance with the written direction of the Town of Wappinger Engineer. 'BE IT FURTHER RESOLVED that no clearing or grading or excavation on the pro- posed public roads will commence without the written approval of the Engineer to the Town, and until such time as the inspection fee has been received by the Town of Wappinger. BE IT FURTHER RESOLVED that said plat map shall not be endorsed by the Planning Board until: a. The deeds offer of dedication, and certificate of title when required insured by an approved title company of any and all land reserved in fee to the Town'for drainage, flood control; park or recreational purposes have been tendered to the Town. b. Similar deed or conveyance giving rights of easement and use for all drainage and public facilities shown on said plat have been tendered to the Town of Wappinger to be held in escrow until formal acceptance _ by resolution of the Town Board of the Town of Wappinger. c. The deeds offer of dedication and certification of title insured by an approved title company for fee title to all streets has been tandered to the Town to be held in escrow until formal -acceptance of, roads by resolution of the Town Board of the Town of Wappinger. BE IT FURTHER RESOLVED that before the roads in the subdivision will be :accepted as town highways the following will be doves a. A bill of sale for all trunk & lateral sewer lines, water pipes, appurtenances and facilities required by the Town shall be tendered to the Town: and Page 4 Nicole Farms Subdivision -38 lots b. Befarethe roads in the subdivision will be accepted as Town High- ways, the following documents must be submitted to the Town and the following work done: 1.,A Certificate by a registered professional engineer or sur- veyor that the traveled way of all streets in the subdivision is completed within the bounds of the road right of way as shown on the filed plat on the subdivision. 2..An "As Built" plan and profile on linen plus four (4) prints of each, showing location of all utilities, roadways, and drainage, with a•certificatioxi by a regist&red professional engineer that all work, utilities and appurtenances have been installed as shown on the plan. 3. Any and all plats or parcels not improved with dwellings, shall be graded, seeded, and landscaped in accordance with the requirements of the Planning Board. BE IT FURTHER RESOLVED that upon due consideration by the board no require- ments of these regulations are waived. BE IT FURTHER RESOLVED that upon due consideration by the board no other re- quirements of these regulations be modified. Upon completion .of all requirements set forth in the action approving the sub- division plat, the plat shall be properly signed by the appropriate officers of the Planning Board, and shall be filed by the applicant in the Dutchess County Clerk's office in accordance with the requirements of Section 278 of the Town Law. Any subdivision plat not so filed within sixty (60) days of the date of the Planning Board signature shall become null & void. Page 5 - Nicole Farms Subdivision -38 lots Date of Resolution: December 12, 1988 ROLL CALL: Mr. William Parsons, Acting Chairman Aye Mr. James Mills Aye Mr. Donald Keller Aye Mr. Chris Simonetty Aye Mr. Frank Patterson Aye Mr. Edward Hawksley Absent Mr. John Perillo Absent Very tkuly yo Herbert i Lkvenson Clerk/Pl2i�ding Board HJL/j f CC: Elaine Snowden, Town Clerk J. Paggi, Jr., Engineer to the Town Kenneth Croshier, Highway Superintendent Timothy Grimont, Dept. of Public works Herbert J. Levenson, Zoning Administrator Conservation Advisory Council Recreation Commission Fire Prevention Bureau Mr. James Klein T. Classey, Building Inspector Planning Board File Zoning Administrator File Mr. Thomas, F. Wood, Attorney to the Town DEPARTMENT OF HEALTH OR jOHN R SCOTT C0-15101KLR OF HEALT,1 V September 9, 1988 THE COUNTY OF DUTCHESS LUCILLE P. PATTISON. COUNTY EXECUTIVE Mrs. Irene M. Paino, Supervisor Middlebush Road Wappingers Falls, NY 12590 Re: Water Main Extension Nicole Farms Subdivision Town of Wappinger Dear Mrs. Paino: 22 WpwEs5rRfF—. NE:.v, YI)PK 12601 19141 431.2020 , 7" daft, 7D 1 6. 33 OFFTE TOWN OF INAPPINGER Please be advised that the plans, specifications and Engineer's Report submitted to this office for the above referenced project were approved on September 7, 1988. Said plan called for the installation of a water distribution system. A copy of this letter and a set of approved plans have been forwarded to your engineer. Said approval is granted on the condition that the water main be installed in complete conformity with the approved plans. This approval is not to be construed in any way as an authorization to operate. Authorization to operate will be granted only after a Certification of Construction Compliance has been received from a licensed New York State Professional Engineer. The engineering section of the Department requires notification of construction commencement so that at its option, an inspection can be made. When these two conditions are complied with, authorization to operate may be requested. If you have any questions relative to this project, feel free to contact me at 431-2044. Very truly yours, Peter J. Marlow Senior Public Health Engineer PJM:bg cc: Barger, Gray, and Railing, P.C. (w/plans and specifications) Tim Classey, B,I. Jim Klien, c/o Jack Railing, P.E. File (w/plans and specifications) JAMES A., KLEIN, inc. - Builders 188 OLD HOPEWELL ROAD * WAPPINGERS FALLS, N. Y. 12590 - Phone (914) 297-4383-84 August 9, 1988 Ate 1. 33 Town Board of Wappingers 20 Middlebush Road SUPERVISOR'S OFFICE Wappingers Falls, NY 12,590 TOWN OF INAPPINGER Attention: Irene Paino, Supervisor RE: Water Supply for Nicole Farms Subdivision. Dear Mrs. Paino, With reference to the water supply for the new Nicole Farms Subdivision, I have enclosed a Dutchess County Health Department application. The Health Department requires the Town to sign the application for extensions. of the mains before the builder can file plans and specifications. We had gotten tentative approval from Town Board Planning Board and Engineer for the extension of the mails. If you require any further information please con act me. Very trul, yours, JAMES KIj E N KleinN, INC. E K 1 James JAK/ d enc ure cc: J. Paggi, Engr., Town of Wapp. Town of Wapp. Planning Board V—a I JFWM 1% F!)PF-RV!STR'S OFFICE I G7 A i?1 N GEE R I. Applicant: NI -"W YORK STATE DEPAR'rmENT OF II1:ALT11 APPLICATION FOR APPROVAL OF PLANS FOR PUBLIC WATER SUPPLY IMPROVEMENT 2. location of Works (C, 3. ,County: 4. Water District (Specific Area 17. Name and Title of Applicant or Designated Representative Mailing Address Date Signature of Applicant NOTE: All applications must be accompanied by plans, specifications and an engineer's report describing the project in detail. The project must first be discussed with the appropriate City, County, District or Regional Public Health Engineer. Signature by a designated representative must be accompanied by a letter of authorization. Farm. Gen 296 Mr. James Klein Old Hopewell Road Wappinger Falls, N.Y. PLANNING BOARD ToWN OF WAPPINGER TOWN HALL W, APPINGERS FALLS. NEW YORK 12590 12590 TEL. 297-6257 May 11th, 1988, RE: Nicole Farms Subdivision - 38 Lots - Kent Road & All Angels Hill Road Dear Mr, Klein: At the April 25th, 1988 meeting of the Town of Wappinger Planning Board, a motion was made by Mr. Keller, seconded by Mr. Simonetty to grant preliminary approval. The resolutions of preliminary approval are as follows: TENTATIVE APPROVAL IS HEREBY GRANTED to James Klein for a subdivision as shown on map entitled, "Preliminary Subdivision Plat, Nicole Farms, Town of Wappinger, Dutchess County, New York", and prepared by John E. Railing, P.E. & L.L.S., and dated November 25th, 1987, and revised 2/22/88, 4/5/88, and 4/25/88 and subject to the following conditions: Within six months of this tentative approval, the applicant is authorized to submit an application for approval of a subdivision plat in accordance with Article !V, §22, Article 111, §30, and Article IV of the Subdivision Regulations. In addition, the application must meet the requirements of the Town of Wappinger Zoning Ordinance. In addition, the following improvements, reservations, changes and requirements are pre -requisite to the approval of the plat. 1. Approval of the Dutchess Co. Dept. of Health shall be obtained on water supply and sewage disposal prior to final approval. 2. Curb cuts shall be obtained from the Town of Wappinger Highway Superintendent prior to final approval. 3. Approval of the road plan and profile and drainage plan and profiles shall be obtained from the Engineer to the Town prior to final approval. The Conservation Advisory Council shall be given an opportunity to review these plans prior to the approval of the Engineer to the Town. 4. Drainage flow patters shall be indicated on the individual plot plans. For any surface waters that enter upon properties of other persons, the applicant shall obtain letters from the same permitting such discharge. PLANNING BOAR© TOWN OF WAPPINGER ` TOWN HALL WAPPINGERS FALLS. NEW YORK 12590 TEL, 297-6257 Mage -2- May 11th, 1988 Nicole Farms Subdivision 5. The following improvements shall be required; A. All storm water shall be conveyed by pipe to natural drainage courses. B. Standard street signs will be required at each intersection and temporary signs shall be installed during construction. C. Street specifications shall be those presently in effect at the time of start of construction. D. No open stream will be allowed unless permission in writing is obtained from the Town of Wappinger Highway Superintendent. 6. The Fire Prevention Bureau shall review the plan and submit any recommendations that they may have prior to final approval. 7. Downstream drainage tee of $200.00 per lot on the final plat shall be paid prior to the signing of the plat. 8. Lowest opening of all houses (windows, doors, garage doors, crawl space, etc.) shall be at least two feet above the finished road grade unless waived by the Town of Wappinger Highway Superintendent and/or Engineer to the Town. 9. All footing drains and roof leaders shall be piped into the storm drainage system if specified by the Town of Wappinger Highway Superintendent. 10. For each lot an application shall be made for a grading permit which shall meet the Soil Erosion & Sediment Control ordinance requirements, including submission of a plan showing design and materials and at least a month by month schedule. 11. Five copies of the filed map shall be required for Planning Board distribution. Said copies shall be required from the County Clerk's Office. 12. All lot line and dimensions shall conform with the zone that the subdivision is in. 13. The mitigating measures as specified in Fart III of the Environmental Assessment Form, and approved by the Planning Board following the SEQRA review, shall be implemented as part of the subdivision and a C.O. shall not be issued until all mitigating measures so specified have been complied with. 14. Subject to letter from Engineer to the Town dated 4/8/88. 15. In subdivision with underground utilities, the developer shall contact Central Hudson, the New York Telephone Company, and the Town franchised cable TV company and the Town'Board to negotiate an agreement whereby cable tv facilities will be installed with underground utilities. Should these negotiations be unsuccessful, the developer or applicant shall provide a statement indicating why an agreement to provide cable tv service could not be reashed prior to final approval. PLANNING BOARD TOWN OF WAPPiNGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 Tv- 297-6257 Page -3- May 11th, 1988 Nicole Farms Subdivision 15. The developer will be required to keep the roads of the subdivision clear from snow and ice and make the roads passable until such time as the roads have been accepted by the Town. Upon failure to do so, the Town may authorize, after determining that an emergency exists, a private contractor, to clear the roads and make them passable, and the expense of such work will be assumed by the developer. 16. Street names shall be provided in accordance with the requirements of the Town of Wappinger Subdivision Regulations or as determined by the Town of Wappinger Planning Board. 17. Recreation fee of .$650.00 per lot on the final plat shall be paid in lieu of land contribution prior to the signing of the plat. 18. Recreation land as indicated shall be dedicated to the Town and the deed to this parcel shall be accepted by the Town Board prior to the signing of the plat. Monuments shall be installed at the angle points on the boundry lines of the recreation area. 19. Inspection fees for sewer lines, water lines, and storm drainage lines shall be paid prior to the signing of the plat. 20. Prior to the issuance of building permits, a bond of sufficient amount for the road, drainage, and street trees and in a form approved by the Attorney to the Town shall be.approved and accepted by the Town. Amount of said bond is to be determined by the Highway Superintendent and the Engineer to the Town and shall be approved by the Town Board. 21. Subject to compliance of the attached conditional negative declaration dated May 9th, 1988. Vote: Mr. Hawksley - aye Mr. Keller - aye Mr. Mills - aye Mr. Simonetty - aye Mr. Patterson - aye The motion was carried. The above resolution was re -affirmed by the Board at their regular meeting of May 9th, 1988 based on the conditional negative declaration. Page -4- May 11th, 1988 Nicole Farms Subdivision PLANNING BOARD `GOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL, 297-6257 Very truly yours, dA -A' Linda Berberich, Town of Wappinger EH/lb Attachment cc: Elaine Snowden, Town Clerk Jay Paggi, Engineer to the Town Kenneth Croshier, Highway Superintendent Herbert Levenson, Zoning Administrator Fire Prevention Bureau Conservation Advisory Council Recreation Commission John E. Railing, Engineer Ray Arnold, Planner File Secretary Planning Board U-12-7 MM7}--W SEAR Appendix F State Environmental Quality %&view NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number Date f .? Lgg This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. Planning Board „ Town of Wappinger The as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact. Statement will not be prepared. €casae of Action: NICOLE FARMS SUBDIVISION SEER Status: Type 1 71 Unlisted i CondUloned Negative Declaration: Eyes ID No Description of Action - It is proposed to subdivide a parcel of 63.37 acres into 35 building lots, having an average lot size of 1.59 acres. It is proposed to construct one access/service road, (50 feet in width) having a length of 2475 feet. This road starts at the north side of Kent Road, opposite Applesauce Lane, and terminates in a cul-de-sac, with a turn -around radius of 100 ft. The project also proposed the construction of a retention/detention pond, on the rear portions of lots 14, 15, & 16. This pond is designed to retain all of the runoff from the proposed road via the construction of a positive drainage system. This drainage system is located both within the road R -O -W and in a 40 feet draina&e easement along the western boundar of the arcel. Location: (Include street address and the name of the municipaTitylcounty. A location asap of appropriate scale is also recommended.) Town of Wappinger NY, Dutchess County Northwest corner All Angels Hill Road & Kent Road Sheet 6258-04 Parcel 627198 Raymond H. Arnold, AICD, - Planning Consultant 3465 Curry Street, Yorktown Heights, New York 10598 (914) 245-7773 To: Town of Wappinger Planning Board From. Raymond H. Arnold, AICP Subject: Nicole Farms -- Env Review Status Date: May 9, 1988 Environmental Review: 1. The application contains the following: Full Environmental Assessment Form Part 1 has been submitted Part 2 has been completed Part 3 dated March 29, 1988, amended 4/3/88 was submitted, & includes: 2/22/88 Public hearing minutes list of residents concerns narrative together with a drainage study and a traffic study 2. Based upon the above, and the reports received at the adjourned public hearing on April 11, 1988, the Board determined that the project would have no significant effect on the environment provided: The applicant address/comply with the comments listed in the Town Engineers letter of April 8, 1988, particullarly: Comment 2 (sanitary sewage collection system) Comment 5 & 6 (Water main & water supply) Comment 7 (drainage plan) Comment 8 & 9 (sight lines) Comment 12 (indiv. disposal systems) Comment 17 (design of left -turn lane) The applicant address the visual aspects of the site, by submitting with the final plat map a discussion of the protection of the visual aspects of the various lots, particullarly lots 17 through 35. Page 1 of Edward 'T . Llewellyn 79 Kent Road Wappingers Falls New York, 12590 January 25th, 1988 James A. Klein Inc. 188 Old Hopewell Rd. Wappingers Falls New York, 12590 Dear Mr. Klein; As you are now the new owner of the former Cohen property located.at the corner of All Angels and Kent roads in the Town of Wappinger,(Wappingers Falls, New York), I understand that you are ;forking with the Town Board & the Town Planning Board to build 38 houses at the above mentioned site, to be known as the Nicole sub- division. Because I and some of my neighbors live west°and down hill from the proposed housing sites, I am putting you (James A. Klein Inc.),the two town boards mentioned above, and the Town of Wappinger Highway Dept. on notice, that if my property and/or the property of my neighbors is (are) damaged, or -if anyone is hurt or killed on Kent road or All Angels road due to willful neglect and poor planning, damage and debris on the highway,poor drainage, - poor road visability, poor maintenance of the roads and property sites during and after the construction of these sites and the access roads to those sites, you, the two town boards and the town highway dept., will be held legally responsible. To help in this matter, I would suggest that 100 .feet or more 14-12-6 MAM-9c 61721 Appendix E Mate Environmental ouallty Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Project Number Date July 24th, 1987 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Planning Board as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental impact Statement will be prepared. Name of Action'. Nicole Farms -SEQR Status'. 7YPe I Unlisted Description of Action: The applicant proposes to develop a 61 lot residential subdivision, -per §281 of Town Law, in the Town of Wappinger. Locatiorr, (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Location is at Kent road and All Angels Hill Road, Town of Wapp,inger, Dutchess County. SEOR Positive Declaration Page 2 Reasons Supporting This Determination. The proposed project exceeds the threshold of 50 residential lots established in Local Law #2, 1977. For Further information. Contact Person: Herbert.Le-venson, Zoning Administrator Address: 20 Middlebush Road, Wappinger Falls, New York Telephone Number. A copy of this Notice Sent to: Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, New York IZ233.000'i AppTopr4le Regional Office of the Department of Environmental Conservation Office of the Chief executive Officer of the political subdivision in which the action will be principally located: kppiicant (if any) Other involved agencies.(if any) �. . TO: Irene Paino, Supervisor Town of Wappinger Town Hall, 20 Middlebush Road P.O. P^ OBox 324 NY 12590 Wappinger Falls, Town of Wappinger Town Bpard Town Hall; 20 MiddIebush Road P.O. P~ O Box 324 FaIls NY 12590 , Wappinger Town of Wappinger Town Clerk Town Hallo 20 MiddIebush Road P O. Box 324 R.O. Falls NY 12500 , Wappinger Town of WaPpng i er Con servation Advisory Council Townall, 20 Middlebush Road ^ P^ O Box 324 FalIs WappingerWappinger, NY 12590 t Dutchess County PIanning Board 47 Cannon Street Poughkeepsie, NY 12601 ~�. of public Works Dutchess �o�CountyDep - 38 Dutchess Turnpike Poughkeepsie, NY 126Q3 va±ion District county soil & Water Conser P � Route 44 - . . pox 3/ MiIlbrook, NY 12545 lth He tutchess county "apt. of a 22Market Street poug�keepsi`e�� y�Y 1�2601 i WappingersCentraI School Distr ct Remseh Avenue NY 12590 Wap inger Falls, �tion Commiss�onerf Env�r��men��I Conser* - New York Stats Dept_ o 50 Wolf Poad /�ltzany, MY ` [��nserv�tio� t Department of EnvirOnmental New Yor b State ta e Region ' 21 South Putt Corne7s Road NY '�Z561 New PaItz^ ` New York State Dept. of Transfjortation Region 8 Office - 4 Barnett Blvd. Pouqhkeepsie, NY 12603 Dutchess County Cooperative Extension - Environmental Management Council Route 44 - P.O. Box 259 ' Millbrook, NY 12545 D.S. Department of Agriculture 26 Federal Plaza New York, NY 1027B Environmental Protection Agency 26 Federal Plaza New York, NY 10278r State Historic Preservation Office Empire State Plaza Albany, NY 12228 ' Environmental News Pullet -in c/o N.Y.S.D-E'C. 5() Wolf Road Albany, NY 12-2-23 SUPERVISOR IRENE M. PAINO TOWN OF WAPPINGER TOWN CLERK'SOFFICE 20 MIDDLEBUSH ROAD P. O. BOX 324 WAPPINGERS FALLS. N. Y. 12590-0324 (914) 297-5771 ELAINE H. SNOWDEN TOWN CLERK TOWN COUNCIL - VINCENT G. FARINA GERARD J. MCCLUSKEY DAVID E. REIS JUNE A. VISCONTI March 17, 1987 Memo -To: Planning Board From: Town Board Re: Nicole Farms Subdivision At the regular meeting of the Town Board held March '16, 1987, the Board approved Mr. Klein's request to consider Nicole Farms Subdivision as a Conservation Subdivision. The Town Board also indicated that they reserve the right to review the plat, prior to final approval by the Planning Board. = Elaine H. Snowden Town Clerk - gr 0 JAMES A. KLEIN, inc. Builders 188 OLD HOPEWEL1. ROAD - VVAPFIR,4GERS FALLS, N, Y, 12590 - Phone (914) 297-4383-84 RECOW-C' UNR 9 10. March 5, 1987 Town of Wappingers Town Board Middlebush Road Wappingers Falls, NY 12590 Attention: Elaine Snowden, Town Clerk RE: Nicole Farms Subdivision Dear Mrs. Snowden: I would like to request the Town Board take under advisement the approval of a conservation subdivision as recommended by the Town Planning Board for my property known as Nicole Farms on Ali Angels Hill Road and Kent Road. Would you please let me know as soon as possible the date this can be placed on the agenda. Very truly, yours, JAMES A "'��KLEIN , fINC m e°sv-'A. K 1 e i K / v j s P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 TOWN OF WAPPINGER Memo To: Town Board From: Planning Board Date: March 6th, 1987 Subject: Nicole Farms - Proposed Conservation Subdivision PLANNING BOARD At the August 25th, 1986 meeting of the Town of Wappinger Planning Board, the following motions were made on the application of James Klein for a Conservation Subdivision known as Nicole Farms. Mr. Parsons made a motion to recommend 12,000 s/f minimum lots. Mr. Howell seconded the motion. Vote: Mr. Mills - aye Mr. Fanuele - nay Mr. Parsons - aye Mr. Keller - aye: Mr. Hawksley - aye Mr. May - abstain Mr. Howell - aye The motion was carried. Mr. Parsons made a motion to recommend 90 foot frontage. Mr. Howell seconded the motion. Vote: Mr. Mills - aye Mr. Fanuele - nay Mr. Parsons - aye Mr. Keller - aye Mr. Hawksley - aye Mr. May - aye Mr. Howell - aye The motion was carried. Thank you for your consideration in this matter. JM/lb P.O- Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 TOWN OF WAPPINGER TYPE I ACTION - NOTICE TO INVOLVED AGENCIE THAT LEAD AGENCY MUST BE DESIGNATED WITHIN 30 DAYS PLANNING BOARD The Planning Board of the Town of Wappinger has received an application for James A. Klein, Inc. for subdivision approval of a 61 lot Conservation Subdivision on approximately 62.37 + acres, presently owned by the .applicant at the intersection of Kent Road & All Angels Hill Road, further identified by tax map number 6258-04- 627198. The Planning Board has received the subdivision application, together with a Long Environmental Assessment Form. Copies of these documents are enclosed. . Additionally, the Board has received certain larger scale maps which are on file and available for your inspection and review. This project is a Type 1 action. PLEASE TAKE NOTICE that within 30 days of the date that these documents are mailed to you, a lead agency for this project must be designated by agreement among the involved agencies. The Town of Wappinger Planning Board concludes that under the criteria set forth in Title 6 NYCRR 617.6(d), it is appropriate to designate the Town of Wappinger Planning Board as the lead agency in this project, and the Planning Board hereby requests that you consent to this designation and notify us of your consent as soon as possible. If, however, you do not agree that the Town of Wappinger Planning Board be designated as the lead agency, you may follow the procedures outlined in 6 NYCRR 617.6(e). We welcome any questions or comments, please either telephone or contact by mail, Linda Berberich, Secretary to the Planning Board, Town of Wappinger Town Hall, 20 Middlebush Road, P.O. Box 324, Wappinger Falls, New York .12590, (914) 297-1373. This notice is being mailed on July 23rd, 1987. We would ask that your comments on the lead agency issue be received by Linda Berb.erich on or before August 22nd, 1987. For your convenience, we.have attached a response form. If you wish, you may sign it and return it to the Planning Board Secretary. Thank. you for your cooperation. LINDA BERBERTCH PLANNING BOARD SECRETARY P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 TOWN OF WAPPINGER TO: Irene Paino, Supervisor Town of Wappinger Town Hall, 20 Middlebush Road P.O. Box 324 Wappinger Falls, NY 12590 Town of Wappinger Town Board Town Hall, 20 Middlebush Road P.O. Box 324 Wappinger Falls, NY 12590 Town of Wappinger Town Clerk Town Hall, 20 Middlebush Road P.O. Box 324 Wappinger Falls, NY 12590 Town of Wappinger Conservation Advisory Council Town Hall, 20 Middlebush Road P.O. Bog 324 Wappinger falls, NY 12590 Dutchess County Planning Board 47 Cannon Street Poughkeepsie, NY 12601 Dutchess County Dept. of Public Works 38 Dutchess Turnpike Poughkeepsie, NY 12603 Dutchess County Soil and Water Conservation District Route 44; P.O. Box 37 Millbrook, NY 12545 Dutchess _County Department of Health 22 Market Street Poughkeepsie, NY 12601 Wappingers Central School District Remsen Avenue Wappinger Falls, NY 12590 PLANNING BOARD P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 TOWN OF W,APPINGER Commissioner New York State Department of Environmental Conservation 50 Wolf Road Albany, NY 12233 New York State Department of Environmental Conservation Region 3 21 South Putt Corners Road New Paltz, NY 12561 New York State Department of Transportation Region 8-- 4 Barnett Blvd. Poughkeepsie, NY 12603 Dutchess County Cooperative Extension - Environment Management Council Route 44, P.O. Box 259 Millbrook, NY 12545 U.S. Department of Agriculture 26 Federal Plaza New York, NY 10278 Environmental Protection Agency 26 Federal Plaza New York, NY 10278 State Historic Preservation Office Empire State Plaza. Albany, NY 12228 Environmental News Bulletin c/o N.Y.S.D.E.C. 50 Wolf `Road Albany, NY 12223 ,Tames A. Klein, Inc. Old Hopewell Road Wappinger Falls,. NY 1259.0 PLANNING BOARD P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 TOWN OF WAPPINGER TYPE 1 ACTION CONSENT THAT THE TOWN OF WAPPINGER PLANNING BOARD SERVE AS LEAD AGENCY RE: .TAMES A. KLEIN, INC. Subdivision approval - 61 lots on 62.37± acres, at the intersection of Kent Road & All Angels Hill Road in the Town of Wappinger, identified as tax map number 6258-04-627198. PLANNING BOARD On behalf of - I acknowledge receipt of the lead agency notice, application, and E.A.F in this matter. The -above named involved/interested agency hereby: (Please check one) [ ] CONSENTS that the Town of Wappinger Planning Board serve .as lead agency in this application. [ DOES NOT CONSENT to the Town of Wappinger Planning Board serving as lead agency in this application. To contest lead agency designation, you may.follow the procedures outlined in .6 N.Y.C.R.R. 617.6(e). DATED: Please return to.. Linda Berberich Planning Board Secretary Town of Wappinger Town Hall 20 Mi.ddlebush Road, P.O. Box 324 L6appigner Falls, New York 12590 te: This application, in duplicate, shall be accompaniod by original tracings of Plat drawings and 1 -black and white prints of each. The tracings shall bear all required signatures as advised by the Planning Hoard. PLANNING BOARD OF WAPPINGER Application. No. r L f Received by Fee received �, c) -Date 11' jU13DIVISION PLAT APPLICATION FOR APPROVAL OF SUBDIVISION PLAT I. The undersigned hereby makes app) kation for approval of a subdivision prat entitled: {�11 CO L6 di2 M'5 which covers Section comprising acres the entire area of (4-ST17 acres shown on the Preliminary Layout approved by the ;Planning Hoard on (cross out words not applicable) which has been completed in accordance with the Land 5ulxii - vision Regulations of the Planning Board of T96- T� o� Wadi NcaEr2 and the details of which are as stated in the application for consideration of the Preliminary La)r— out, and are hereby reaffirmed with the same force end -effect as though stated herein. (if any differences, attach stater,.mnt of same). 2. The applicant's itemized estimate of the cost of the required public herewith. (Signed) Dy (l o be used an Date: (Q �ZA j 87 i- 1 is attached Agent s 14-16-2 (2187)-7c 617.21 - SEQR Appendix A U [ State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT: FORM Purpose: The full EAF is designed to help applicants and agencies determine, in -an orderly manner, whether a project or action may be significant. The question of whether an action may be significant -is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agenciescan be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction'of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying 'basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially - large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially -large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project -will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will he prepared. El B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead. Agency Signature of Preparer (If different from responsible officer) Date 1 5. Approximate percentage of proposed projects ite with slopes: 210fl-0% _0X_-_) % B1'00-15% l0 % D15%.or greater % 6. Is project substantially contiguous to, or ccont in a budding, , site, or district, listed on the State or the National Registers of Historic Places? DYes 0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? [--]Yes 8. What is the depth of the water table? (in feet) 9. is site located over a primary, principal, or sole source aquifer? Dyes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes sy#O 11. Does project sitecontainany species .of plant or animal life that is identified as threatened or endangered? g Dyes o According to Identify each species 12. Are there any uniqueorunusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) Dyes Lo Describe 13. Is the project site prsentiy used by the community or neighborhood as an open space or recreation area? Dyes C-1 iso If yes, explain 14. Does the presentsite .nclude scenic views known to be important to the community? Dyes o 15. Streams within or contiguous to project area: 4c*L& a. Name�of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Named b. Size On acres) 17. Is the site served by existing public utilities? [E�Yes DNo a) If Yes, does sufficient capacity exist to allow connection? DYes Gtao b) If Yes, will improvements be necessary to allow. connection? 2YLVs- DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture .arid Markets. Law, Article 25 -AA, Section 303 and 304? Dyes Mk6 19. Is the site located in or substantially. contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Dyes 90 20. Has the site ever been used for the disposal of solid or hazardous wastes? . ❑Yes >_1�o B: Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or .controlled by project sponsor -4t acres. b. Project acreage to be developed:= acres initially; 50z acres ultimately. c. Project acreage to remain undeveloped 32.�I acres. d. Length of project, in miles: 4At (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed. �4 °%; f. Number of aft -street parking.spaces existing ; proposed fZ2 g. Maximum vehicLlar'trips generated per hour [upon completion of project)? h. if residential: Number and type of housing units: One Farnily - Two Family Multiple .Family Condominium Initially Y Ultimately lrr I . L Dimensions (in feet) of largest proposed structure 25 height; width; (DC7 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 3 Zco ft. 25. Approvals Required: Submittal Type Date City Town Village Board 2 es ❑No Cit own Village Planning Board @I(es ❑,NNoo _ i- -7 City, Town Zoning Board Departmen ❑Yes es 2/No ❑ No �' yr ��' City County Health Other Local Agencies EKes ONo other Regional Agencies []Yes 21 oNo State Agencies 21Ye�es Federal Agencies ❑YesO —No C. Zoning and Planning Information 1 _ Does proposed action involve a planning or zoning decision? 21—es ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision Mere plan ❑newfrevision of master plan ❑resource management plan Other. COK156046MIJ5�'+t lSiO, 2. What is the zoning classification(s)of the site? 3. What is the maximum .potential development of the site if developed as permitted by the present zoning? LOTS C _ 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? LcTrS � _ 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Cj f€s ❑No 7. What are the predominant land use(s) and zoning classifications within a Y, mile radios of proposed action? 8. is the proposed action compatible with adjoining./surrounding land uses within a '/ mile? Q -yes DNo 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? lZ—tZ 4- 10. Will proposed action require any authorizations) for the formation of sewer or water districts? es ❑No 11. Will the proposed actio reate a demand for any community provided services (recreation, education,. police,! fire protection)? es ❑No a. if yes, is existing capacity sufficient to handle projected demand? 1P es ©No 12_ Will the proposed action result in the generation of traffic significantly above present levels? Eyes 2tgo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. informational Details~ . Attach any additiorrel information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts: and the measures which you propose to mitigate or avoid them. F. Verification certify that the information provided above is true to the best of mr—knowledge. Applic ponsor, e �- ..1-- ' Date 5ignatur T:itle�' before eding If the actio i e Coastal Area, and you are a s agency, complete the Coastal Assessment Form proce with this essment. IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservat.io ECL) IDKO [DYES .Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action .affect any non -protected existing or,w body of water? UKO :]YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. •. Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into. an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial andlor industrial'uses which may require new or expansion of existing waste treatment andfor storage facilities. • Other impacts - - 6. Will proposed action alter drainage flow or patterns; r surface water runoff? .�. O ^Y1 S Examples that would apply to column 2 Proposed Action would change flood water flows - 7 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑Yes C1 No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes 0 N ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ [❑ ❑Yes 0 N ❑ ❑ 11 Yes ONO ❑ ❑ ❑Yes [:]No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ONO ❑ ❑ ❑Yes ❑No ❑ :]Yes ❑No ❑ ❑ Oyes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑Yes ❑No * Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. * The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: IMPACT ON AESTHETIC RESOURCES. / 11. Will proposed action affect aesthetic resources? O [DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12- Will Proposed Action .impact any site or structure oforic, pre historic or paleontological importance? 2NO OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facil ity or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the project site. • Proposed. Action will occur in an area designated as sensitive .for archaeological sites on the NYS Site Inventory. • Other impacts; IMPACT ON OPEN SPACE AND. RECREATION 13. Will -Proposed Action affect the .quarrtity or quality of existing or future open spaces or recreational opportunities? Examples that would'applq to column..2 LSO 12YES • The permanent foreciosure of a ruxure recreational opportunity-. • A major reduction of an open space important to the community: • Other impacts: - 9 1 Small to Moderate Impact 2 Potential Large Impact 3 Can impact Be Mitigated By Project Change ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ Cl ❑Yes El No ❑ ❑ Eyes ❑No ❑ ❑ ❑Yes QNo [] ❑ Dyes ONO ❑. ❑Yes No ❑' EJ -Yes 1]No ❑! Cl El Yes ❑No. IMPACT ON GROWTH A=„CI-IARACTER OF COMMUNITY OR NEIGHBORHOOD 18, Will proposed action affect the character of the existing commune ONO 2?E5 Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%.. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. -• Deve lbVment Will -create a -demand for additional.. community services [e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment ` • Other impacts: P (pt t Ccsr� 1 -all to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ONO ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes El No Q ❑ 0Yes , ONo_ ❑ ❑ F-1 Yes ❑No ❑ ❑ ❑Yes ❑No ❑ El Yes 0 N 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO DYES If Any Action in Part 2 1s identified as a Potential Large impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact 2. Describe (if applicable) how the impact could be.mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information .available, decide if it reasonable to conclude that this impact is important. To .answer the. question of importance, consider: • The probability of the.impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or Will be controlled • The regional consequence of the impact • Its -potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments)