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Airport Park Recreation Land 10ac.vq E DUTCHE88 COUNTY CLERK RECORDING PAGE RECORD & RETURN TO: ALBERT P ROBERTS ESQ GELLERT & CUTLER 75 WASHINGTON POUGHKEEPSIE NY 12601 RECEIVED FROM: POUGHKEEPSIE ABST GRANTOR: SATELLITE INVESTMENTS ETC GRANTEE: WAPPINGER TOWN OF RECORDED IN: DEED INSTRUMENT TYPE: RECORDED: 02/18/93 AT: 10:55:24 COUNTY CLERK: # 1008 TAX DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS: RECORDING CHARGE: 55.00 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #003772 E & A FORM: Y TP -584: Y L ERT & C TLE::pry NUMBER OF PAGES: 4 TIN COUNTY CLERK BY: JJF /MBG - RECEIPT NO: R06944 WILLIAM L. PARD I, JR. County Clerk ��5 s Q 'C } I<IK-T-1111 Standard N.Y-B.T.U. Form 8007 JLFLIUs BLUMBERG, INC., LAW BLANK PUBLISHERS Bargain & sale deed, with covenant against grantor's Ws Ind. or Corp. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the 1 day of (�c�v\ , nineteen hundred and ninety-two BETWEEN SATELLITE INVESTMENTS, a general partnership consisting of Margaret Godbout and Frank Buyakowski, both having an address of 182 Old Route 9, Fishkill, New York 12524 party of the first part, and TOWN OF WAPPINGER, a municipal corporation having an address at Town Hall, P.O. Box 324, 20 Middlebush Road, Wappingers Falls, New York 12590 party of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00/100 ----- -------------($1.00)------------------------------------------- dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, more particularly bounded and described as follows: Beginning at a point, said point being on.the northerly line of Airport Drive and said point being distant on a curve to the left having a radius of 25.00 feet and an arc length 38.10 feet, South 89" 03' 15" East 305.05 feet on a curve to the left having a radius of 820.00 feet and an arc length of 365.26 feet, and North 65° 25' 27" East 362.36 feet from the intersection of the northerly line of said Airport Drive with the easterly line of New York State Route 376, said point also being on the westerly line of Parcel "A" as shown on a map entitled, "Lands of Satellite Investments", on file in the Dutchess County Clerk's Office as File Map No. 8938; thence leaving said northerly line of Airport Drive and running through said Parcel "A", North 32° 33' 00" West 484.68 feet to a point being on the southerly line of lands now or formerly New Hackensack Cemetary Association, Liber 532, Page 316; thence running along said southerly line of New Hackensack Cemetary Association and the southerly line of lands now or formerly County of Dutchess, Liber 659, Page 175 the following courses and distances: North 571 26' 59" East 255.16 feet, North 591 12' 30" East 284.73 feet, North 58° 12' 27" East 291,51 feet; thence leaving said southerly line of the County of T__L_1____ __� 1-- — - a n,_.......1 It 'A 11 V. 4-1, 07o Z']t nn 11 -Tauq.TEd — t�[sM x�dng s uE.z3 :Aq S4UaTI4SGAUj a}TTTa4PS :30 aDmasallI KI i • uaylrzm anoge yszg .read pas Sep alp paap sPp Paynaaxa dlnp ser[, yred lsztd alp To Ayred aq1 '.40gd3HM SS3N LIRA NI •saztnbaz os azayuapuc slip go asuas alp zanauagea ,sa!l-d,, peat 11 It se penzysuoa aq llcgs «dyzed,, pzom aqZ •asodmd zaglo Sup zo} aUUS aqy To [t,loy 911[4 10 UL'd Aue 2ursn azojaq yuatuanozdan atp -os ;o ys0a alp go taeatAed oy yd aures arta A[dde Mina plcuaataeozdat[ aqy To ysaa ally 2utAed To as0dznd aqy log yszq pacldde aq o1 pang ysnzl a se uorleza -pisuoa dans aAiaaaz of yg2u atp ploq H- Ptre aauedaeuoa s!1l4 sog U40Tzapisuo_I aqy aeiaaaz lllm lied ysztg aria So Awed atp xegy syaeuaeoa °nie j uarj aqy 30 £I uolyaaS tlyua aauet[dutoa uc 'yzed yszg atp to dlzed alp (INV •Piesazoge St, ydaasa 'zanayegm Aem dire ur pezagainaut uaaq aneq sestutazd Pres oily dgazagpt Salg— pazalgns zo auop you sett lied lszrd 4q1 To Ayzcd atp yelp sluauaeon ;,ted WU aqj Io Ayzed aq] ON'V �Y 4 •zaAozoj ].ted puonas atp go dlzcd alp }o su2lsse pue szossannns 10 szraq aqy 'lied puoa2s aqy To dlzed atp oyun palueB utazaq sascutazd atp, Q'IOH O.L QNV 3A\+H OZ 'sasinlazd piss oy plc ut yzed pig aqy To Alred aqy ;o syg2u pue aye3so acp He pue saaueuaaznddz aq1 qy!m g3H.L3JO.L 'goazagy Saul[ zayuao alp oy sastutazd paquosap anogre dtp 9upinqu spew Pae syaazls Aue 01 put, uc [zed yszld aqy ;o Ayzed aqy to 'Aue ll 'ysazayut Pae app lie q3!m H3H.L3JO.L u dZ x4a<771 � 1-51 Yd ,ox Ifivvi Aa nanism Naol HO I,LNf100 SO'I xoo'ia Nomas a@buiddsM 3o uMos of s}uau14sanui 04zlTagPS -ON azziZ said suoaxviit) Isxivev sxvxaeo0 aaaAI Qaa@g aTvg Qnv u1vbaug 'olaiagj ssaultm se amEu u _mn�msans nu-, I—fly -n re I 'jawo aTT Sq o;aiagy aureu q paais ag lega puu 'uop `ssaulln% peas 'an — -^ •— krr nax s Akus pule :luauiry- „ y 't k I sa.ndx3 UOlss!wLuo3 rr 4unco mgalnd vl psyleniD 41a.! MON da mels 'allgnd AJeloN oTTgnd A -TE -40N NllHno "3131NVU ;o Paep pup los a �{� sE pabpaTMouXos Agaiag 'squaw4sanuT OITTT94ES PT ST 90829q4 uoTgnoexe TEs Jvgq pup 'wFq Ag paqnoexa os SPM -4uewnjgsuT bu?oba.zo; aqj goTgM 3o 3TEgaq uo pup goTt!M jo awEu age _� uF 'suaw sanuj 84FIT94ES o zau�zEd'guns ss awes sq4 pagnoaxa aq gpg4 am 04 pabpaZMouxoE ag 4eg4 livauin,zgsuT burobaao3 eqq agnoexe 04 A4T.zoggnu paq aq gEg4 ldigs.zaugaud TPaauag 3[aoA MBN P 'squaw�.Sanui a�FTTa�ES �o zau 3Ed TEzauab >? sF aq qEg4 !4aOA MaH 'bEnbg5nod UT saprsaa. ag '4?4, „Es pup asodap PTP 'u.zoe s ATnp ?'i Aq buTaq oqx- 'uMoux am 04 F sr►oxEAng Xupaa awEo ATTEuosaed am a.zojaq .'Z66T 'goipw ;o App" gq u0 C SSHHZ)jnc[ do ASNflo0 •'SSi XHOA MR do 3ILKIS Lands To Be Conveyed To The Town of Wappinger Pixrt of Parcel "A" File Map No. 8938 10.000± Acre Parcel Town of Wappinger Dutchess County, New York Beginning at a point, said point being on the northerly line of Airport Drive and said point being distant on a curve to the left having a radius of 25.00 feet and an are length 38.10 feet, South 890 03' 15" East 305.05 feet on a curve to the left having a radius of 820.00 feet and an arc length of 365.26 feet, and North 650 25' 2.7" East 362.36 feet from the intersection of the northerly line of said Airport Drive with the easterly line of New York State Route 376, said point also being on the westerly line of Parcel "A" as shown on a map entitled, "Lands of Satellite Investments", on file in the Dutchess County Clerk's Office as File Map No. 8938; thence leaving said northerly line of Airport Drive and running through said Parcel "A", North 320 33' 00" West 484.68 feet to a point being on the southerly line of lands now or formerly New Hackensack Cemetery Association, Liber 532, Page 316; thence running along said southerly line of New Hackensack Cemetery Association and the southerly line of lands now or formerly County of Dutchess, Liber 659, Page 175 the following courses and distances; North 570 26' 59" East 255.16 feet, North 590 12' 30" East 284.73 feet, North 580 12' 27" East 291.51 feet; thence leaving said southerly line of the County of Dutchess and running through said Parcel "A", South 320 33' 00" East 477.76 feet to a point being on the northerly line of said Airport Drive; thence running along said northerly road line, South 270 00' 00" West 12.74 feet; thence on a curve to right having a radius of 470.00 feet and an arc length of 315.20 feet, and South 650 25' 27" West 521.91 feet to the point of beginning containing 10.000± acres of land. Paggi & Martin September 30, 1991 91-003(52) F!I_E CPv CRANE WOLIFSox RoBERTS & GRELLER ATTORNEYS AND COUNSEiLLO-RS AT LAW 11 MARKET STREET POUGHKEEPSIE, NEW YORK 12(301 (914) 454-2200 FAX.914-454-6612 WILLIAM 0. CRANE 90 FAST MAIN STREET CARL S. WOLFSON WAPPINGER FALLS, NEW YORK 12590 ALBERT P. ROBERTS (1)14) 207-2680 STEPHEN L. GHELLER MARK I. REISMAN JOSEPH A. EGITTO STACY P. PARSONS January 26, 1990 Town Board, Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Attn: Constance Smith, Supervisor Re, Satellite Investments Our File No. 8769,101 Dear Connie: Regarding the above referenced matter, I have reviewed and approve the Escrow Agreement dated January 24, 1990 with the one modification: An asterisk (*) is to be placed after paragraph 1 and the following sentence inserted at the bottom of page 1: "The title to said premises shall be free and clear of any liens, and such title shall be marketable title as any reputable title insurance company will approve and insure." I have also approved as to form only the proposed Deed and Gains Tax Affidavit. I have not done any title work, but do not suggest that same be done until negotiations have been completed. I also enclose herewith the orignal Bond in the amount of $931,622.00. This Bond is sufficient as to form. The same should be filed with the Town Clerk and kept with the other documents. If there are any further questions, please do not hesitate to contact Pie. 4e u 1 y yours, ��- Very t APR:mt LB T P. ROBERTS cc: Jon Adams, Esq. Donald Keller, Chairman, Planning Board CORSALLY, GARTLAND AND RAPPLEYEA ATTORNEYS AND COUNSELORS AT LAW 35 MARKET STREET' POUGHKEEPSIE, NEW YORK 1124161 W4) 454-1110 Escrow Agreement dated January 24, 1990 between the TOWN BOARD OF THE TOWN OF WAPPINGER, having its principal office at 20 Middlebush Road, P. 0. Box 324, Wappingers Falls, New York, 12590 and SATELLITE INVESTMENTS, a New York Partnership, with an office at R. R. #1, Box 310, Poughquag, New York, 12570. WHEREAS, SATELLITE, has applied for subdivision approval ,of a four lot subdivision on lands on State Route 376, as more fully described on a map entitled "Lands of Satellite Investments" prepared by Gray, Railing & Heinsman, dated June 8, 1989, and WHEREAS, the applicant has, by correspondence dated November 8, 1989 and December 11, 1989, disputed the validity of the requirement of the Planning Board that the applicant dedicate parcel A shown thereon to the Town of Wappinger for recreational purposes, and WHEREAS, the Planning Board adopted a resolution on November 27, 1989 and modified on January 15, 1990 providing for the deposit of a deed in escrow as more fully set forth therein, and WHEREAS, the parties by this agreement wish to provide for the terms of said escrow agreement, it being their objective to obtain resolution of said dispute in the first instance by negotiations between the Town Board and the applicant while preserving the right of the applicant to, challenge the validity of said resolution if either party determines that negotiations should not continue, and CORBALLY, GARTLAND AND R'APPLEYEA ATTORNEYS AND C0UNSEL0RS AT LAW 35 MARKET 'STREET POUGHKEEPSIE, NEW YORK 12661 (9W454-$110 WHEREAS, the parties additionally wish to provide for, waive, and extend any limitation of time within which a lawsuit to challenge the validity of the action of the Planning Board or the validity of a transfer, in requiring the transfer of parcel A to the Town as a condition of approval, is to be commenced to permit further discussions between the applicant and the Town Board, NOW, THERE'FORE', the parties agree as follows: 1. Applicant shall deliver to the Town, a deed in record- able form for the conveyance of Parcel A to the Town for recreational purposes together with such executed documents as are necessary for the recording of the same.* 2. Said deed and related documents shall be held in escrow by the Town Clem, of the Town of Wappinger and not released by her other than pursuant to the terms of this agreement. 3. The deed and related instruments shall be released for recording by the Town on March 15, 1992 unless prior to that date applicant shall have: (a) commenced an Article 78 Proceeding, action for declaratory judgment, or other judicial intervention seeking to set aside the resolution of the Planning Board dated November 27, 1989 as modified by resolution dated January 15, 1990; or (b) the applicant and the Town have otherwise agreed in writing as to the terms and conditions of the transfer of said property and have authorized an early release of the deed and related instruments for recording. * The title to said premises shall be free and clear of any liens, and such title shall be marketable title as any reputable title insurance company will approve and insure. CORBALLY. GARTLAND AND RAPPLEYEA ATTORNEYS ANO COuNSELORS AT LAW 35 MARKET STREET POUGHKEEPSIE, NEW YORK 12604 (914) 454. 1 1 10 4. The parties shall hereafter meet to negotiate and bargin in good faith to reach an agreement as to the terms and conditions of an earlier release of said deed and related instruments, the first meeting to take place within ninety (90) days hereof. 5. No action shall be commenced by Satellite to challenge the resolutions of the Planning Board prior to March 15, If-Wa 6. All parties to this agreement consent to the waiver of any applicable period of limitation applicable to determin- ation of the Planning Board and acknowledge that applicant is forbearing in commencing such action in reliance upon this agreement, and is not waiving any right of judicial review which would be undertaken absent this agreement. Should the Planning Board of the Town of Wappinqer plead as a defense to such proceeding a defense of limitation of time, this agreement shall be terminated and the executed deed and related documents shall be returned to the applicant. 7. Should the applicant commence an action to challenge the determination of the Planning Board, the deed shall be continued to be held in escrow until final judicial determinati or the lapse of time within which further review could be obtained. Should it be determined that the Plannign Board cannot compel the transfer of land without compensation as a condition of subdivision approval, the deed shall be returned to the applicant. Should it be determined that the resolution was a valid exaction of lands for recreational purposes, the deed shall be released to the Town by the Town Clerk. on CORBALLY, GARTLAND AND RAPPLEYEA CR -6L-. JAT LA- FOUG HJUZRIF, NVE 12&L I F C M 0 8. At the time of the execution of the subdivision plat, Satellite shall pay to the Town such recreational fees as are payable under the existing recreational fee policy of the Town. 9. The Planning Board of the Town of Wappinge:r joins this agreement for the purpose of enlarging the period of limitations as provided in paragraph 5. IN WITNESS WHEREOF, the parties herein have executed this instrument the day and the year first above written. TOWN BOARD OF THE TOWN',v F WAPPINGER by - ZX ley - PLANNING BOARD OF THE''TOW& OF WAPPINGER WTAVI 03M ), d ". L,-. ss COUNTY OF DUTCHE�Ss On theday 1990, before me ,­� personally c m RANK BUY, KOWSKI,,7to me known to be the individual described iii/and did depose and say that he resides at Wilmont Court, Hopewell Jct., that he is a partner of SATELLITE INVESTMENTS, the partnership described herein, and who executed the foregoing instrument and acknowledged that he executed the same. Sams A, Pum - SO of No wk QUALIFIED IN ORANCE COUIR REMSTERED IN ORANGE & DUTOM COUM (Notary Publ�6) No. 4667979 ss. COUNTY OF DUTCHESS On the day of a 1990,,before me came to me known, who being by memy 0 that he resides 0, is the e��fo(*#A of the Planning Board of the Town of Wappinger, a municipal corporation, and which executed the foregoing instrument; that he ;,knows the seal of said corporation; th the seal so affixed to said instrument is s co p ra Xal; v that it was so affixed by order of the of said municipal corporation; and,,. -that he sign dh name"' Al thereto by like order. btary/Public —" HERBERT,), LEVENIS 3ON NOWrY Public, St,- 'Voz'k STATE OF NEW YORK No.46,4611,42 )ss.: Clusliffed in Putnarncourity COUNTY OF DUTCHESS MY COMMIftion Expires Apra 30,19Z/' (4 On the day of January, 1990, before me came a&k� ee4:52, , °` , to me known, who being by me dul S%prn, did d ose and say that -5 he resides at ;dwzr &1d $ A01 AY r that _e he is the of the Town Board/of the Town of Wappinger, a municipal corporation, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal so affixed to said instrument is sucborp o r e se l; that it was so affixed by order of thE.r of said municipal corporation; andthe L.s"igned h name thereto by like order. Notary Pubilc HERBERT J. LEVENSON fftwiy Public, Slate offtw Y" o, "k' Oualifled in Putnam County My Commission Expires April 30, 1 COR ALLY, GARTLAND AND RAPPLEYEA ATTORNEYS AND COUNSELORS At LAW 35 MARKEr SI'REET POUGHKEEPSM, NEW YORK 126CI (914)454-1110 CORSALLY. GARTLAND AND RAPPLEYEA ATTORNEYS ANE] COUNSELORS AT LAW 35 MARKET STREET POUGi49EEPSW. NEW YORK 12601 (9141♦54-1110 ESCROW AGREEMENT Escrow Agreement dated January 24, 1990 between the TOWN BOARD OF THE TOWN OF WAPPINGER, having its principal office at 20 Middlebush Road, P. O. Box 324, Wappingers Falls, New York, 12590 and SATELLITE INVESTMENTS, a New York Partnership, with an office at R. R. #1, Box 310, Poughquag, New York, 12570. WHEREAS, SATELLITE has applied for subdivision approval of a four lot subdivision on lands on State Route 376, as more fully described on a map entitled "Lands of Satellite Investments" prepared by Gray, Railing &'Heinsman, dated June 8,1989, and WHEREAS, the applicant has, by correspondence dated November 8, 1989 and December 11, 1989, disputed the validity of the requirement of the Planning Board that the applicant dedicate parcel A shown thereon to the Town of Wappinger for recreational purposes, and WHEREAS, the Planning Board adopted a resolution on November 27, 1989 and modified on January 15, 1990 providing for the deposit of a deed in escrow as more fully set forth therein, and WHEREAS, the parties by this agreement wish to provide for the terms of said escrow agreement, it being their objective to obtain resolution of said dispute in the first instance by negotiations between the Town Board and the applicant while preserving the right of the applicant to challenge the validity of said resolution if either party determines that negotiations should not continue, and i WHEREAS, the parties additionally wish to provide for, i I waive, and-,extend any limitation of time within which a i i lawsuit to challenge the validity of the action of the Planning I Board or the validity of a transfer, in requiring the transfer I of parcel A to the Town as a condition of approval, is to be commenced to permit further discussions between the applicant and the Town Board, i NOW, THEREFORE, the parties agree as follows: � 11 1. Applicant shall deliver to the Town, a deed in record- able form for the conveyance of Parcel A to the Town for 1 recreational purposes together with such executed documents E as are necessary for the recording of the same.*- i I i' 2. Said deed and related documents shall be held in I �escrow by the Town Clerk of the Town of Wappinger and not � I released by her other than pursuant to the terms of this agreement. i 3. The deed and related instruments shall be released I for recording by the Town on March 15, 1992 unless prior to that date applicant shall have: (a) commenced an Article 78 Proceeding, action i for declaratory judgment, or other judicial intervention i I seeking to set aside the resolution of the Planning Board dated November 27, 1989 as modified by resolution dated CORRALLY. GARTLAND AND RAPPLEYeA January 15, 1990; or ATTORNEYS ..0I ! COUNSELORS AT LAw (b) the applicant and the Town have otherwise 33 MARKET STREET t iii II POUGHKEEPSI E. NEw TARN 12601�1; agreed in writing as to the terms and conditions Of the 19 t11 X34-1110 I' '' transfer of said property and have authorized an early release it of the deed and related instruments for recording. I I' I j ';*The title to said prEmi.ses shall be free and clear of any liens, and such j �! title shall be marketable title as any reputable title insurance con pany will fapprove and insure. I� i CORSALLY.GARTLAND AND RAPPLEYEA ATTORNEYS ANO COUNSELORS AT LAW 36 MARKET STREET POUG HK EEP5IE. NEW YORK 12601 (91.)A5A-1110 4. The parties shall hereafter meet to negotiate and bargin in good faith to reach an agreement as to the terms and conditions of an earlier release of said deed and related instruments, the first meeting to take place within ninety (90) days hereof. 5. No action shall be commenced by Satellite to challenge the resolutions of the Planning Board prior to March 15, 1991. 6. All parties to this agreement consent to the waiver of any applicable period of limitation applicable to determin- ation of the Planning Board and acknowledge that applicant is forbearing in commencing such action in reliance upon this agreement, and is not waiving any right of judicial review which would be undertaken absent this agreement. Should the Planning Board of the Town of Wappinger plead as a defense to such proceeding a defense of limitation of time, this agreement shall be terminated and the executed deed and related documents shall be returned to the applicant. 7. Should the applicant commence an action to challenge the determination of the Planning Board, the deed shall be continued to be held in escrow until final judicial determinate or the lapse of time within which further review could be obtained. Should it be determined that the Plannign Board cannot compel the transfer of land without compensation as a condition of subdivision approval, the deed shall be returned to the applicant. Should it be determined that the resolution was a valid exaction of lands for recreational purposes, the deed shall be released to the Town by the Town Clerk. !on 8. At the time of the execution of the subdivision plat, Satellite shall pay to the Town such recreational fees as are payable under the existing recreational fee policy of the Town. 9. The Planning Board of the Town of Wappinger joins this agreement for the purpose of enlarging the period of limitations as provided in paragraph 5. IN WITNESS WHEREOF, the parties herein have executed this instrument the day and the year first above written. TOWN BOARD OF THE TOWN ,9F WAPPINGER 12 PLANNING BOARD OF THE TOWN OF WAPPINGER by: V SATEL E I VE MENT F ank Buyako76ki,'Partner STATE OF NEW YORK )ss.: COUNTY OF DUTCHESS 1990, before me On the day of personally came FRANK BUY q5WSKT, To me known to be the individual described in and did depose and say that he resides at Wilmont Court, Hopewell Jct., that he is a partner of SATELLITE INVESTMENTS, the partnership described herein, and who executed the foregoing instrument and acknowledged that he executed the same. CORBALLY. GARTLAND SIMOM A. PATMCK - NWMY M= 101 Stste of Now York AND RAPPLEYEA iy QUALIFIED IN ORANGE COUNTY Al-TORNETS A10 R�GISTERED IN ORANGE St DUTCHESS COUNTY (Notary Pidbl/ic) COUNSELORS AT LAW No� 4667979 35 MARKET STREET POUGHKEEPSIS. NEW YORK 1260�1,; r,�S T4. T: A OO F NEW Y )RK _ 5914) 454- $1 10 ss COUNTY OF DUTCHESS On the da of1990, before me came to me known, who being by me dulv', i sworn, did de ose and say that he resia toote I '�4 that he is the 4& eq-,X"of the Planning Board of the Town of Wappinger, a municipal corporation, and which executed the foregoing instrument; that he knows the seal of said corporation; that Xhe seal so affixed to said instrument is suc,I�p ,rr e 'A that it was so affixed by order of the JI of said municipal corporation; end that he signed h name thereto by like order. (Not Public) HERBERT J. LEVENSON STATE OF NEW YORK Notary Public, ftw of Now York )ss.: No. 142 COUNTY OF DUTCHESS Qualified inPutnam, County My Commission Expirm April 30,19 0t e day of January, 1990, before me came XNj 0 w, to me known, who being by, me duly, NMt&drpo�e and say that --She r e s d ay that _�-,he I s the of the Town Board of the Town of Wappinger, a municipal corporation, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal so affixed to said instrument is sqahIcorrate seal; that it was so affixed by order 9 the- AI,I//II/_I/I -f of said municipal corporation; Ina) that signed h name thereto by like order. (Notary, Public) HERBERT J. LEVENSON Notary Public, State of New YWL No. 4646142 Ousfified in Putnam County U j", CORSALLY. 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AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13, of the Lien Law, covenants that the party of the first part will receive the consideration for this, conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of !the cost of the improvement before using any part of the total of the same for any other purpose. The word "Party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF1 the party of the first part has duly executed this deed the day and year first above written. STATE OF MEQ YORK, COUNTY OF Dutchess SO On the'.."z4ZI)(1 (lay of January 19 90 , before me pes:sonaily'carne Frank Buyakowski to me known to be the individual described in and who cxecutecl the foregoing instrument, and acknowledged that he executed the same. (Nto Public) SELORM A. PATRICK - NOTARYPUBLIC Shh of New York. QUALIFIED IN ORANGE COUNTY REGISTERED IN ORANGE & DUTCHESS COUNTY No. 4667979 MI& WAw-vaw r sse Oil the day of 19 before me personally came I aane known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of the corporation described in and which executed the foregoing insteument; that lie knows the seal of said corporation,, that the seal affixed to said instrument is such corporate seal; that it was so aifixN1 by order of the board of directors of said Corpora- tion, and that he signed h name thereto by like order. 33argain anb ale 30ee'b WITH COVENANT AcAmsf GRANTofes ACT$ Tu'LL' No. Satellite Investments TO THE TOWN OF WAPPINGER STATE OF NEW YORK, COUNTY OF 5S. Oil the day of N.y before me personally carne to me known to be, the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW Y,ORK. COUNTY OF S12 On the day of 19 before me personally came the subscribing witness to the foregoing instrument, with whGM I son personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to he the individual described in and who executed the foregoing instrurnent; that he, said subscribing witness, was present and saw execute the same; and that Fie, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAIL TO: Zip No. TP -584 (4/89) New York. State New York State 'Combined Department of Taxation Real Property Transfer Gains Tax Affidavit and Finance Real Estate Transfer Tax; Return Gredlt,N Ine,Morrt�ae Certificate salt a a„ See instructi(m F, nT9egYk Schedule A -Information Relating to Conveyance_ Please print or typo Name (Transferor/grantor) Satellite Investments, a partnership_ Address ZIP code R. R. #1, Box 310, Poughquag, NY 12570 Name (Transferee/grantee) THE TOWN OF WAPPINGER Address ZIP code 1. 20 Middlebush Road, Wapp_Falls, NY 12590 I oration and description of property conveyed For department use -I, Social sect. r ly number Federal ar,ip ryer idem ltica 14-1650934 - Sacial sec url4y mrmbar employer Idenufwation m rnber Tax map designation — Address CltylVillage Town County 1-9 -25-9 04- Rt. 376 Wappingers Falls winger utchess 00 623462-0 NY 12590 percentage transferred %a) previously paid will be claimed Schedule C, Part til.) Type of property conveyed (Check applicable box) 3 ❑ Residential condominium Date of conveyance Percentage of real property 1 ❑ 1 - 3 family house 4 N Vacant land f conveyed which is residential 2 ❑ Residential cooperative 5 ❑ Other real property—__.—e/a �-- L month day year Condition of conveyance (Check all that apply) a. —Conveyance of fee interest f. —Conveyance which consists of a mere k. —. Leasehold assignment or surrender change of identity or form of ownership or i. ._. Leasehold grant b. ..._„Acquisition of a controlling interest (state organization m. Conveyance of an easement percentage acquired --_ %) (Attach Form TP- 564.1, Schedule F) n. Conveyance for which exemption from a ._Transfer of a controlling interest (state g. —Conveyance lot which credit for tax transfer lax is claimed. (Complete percentage transferred %a) previously paid will be claimed Schedule C, Part til.) (Attach Form TP -564.1, Schedule G) o. _. Conveyance by gift d. __Conveyance to cooperative housing h. Conveyance of air rights or development p. Conveyance at property partly within and corporation rights partly without the state e. _.Conveyance pursuant to or in lieu of i. _ Contract assignmentq. X_ Other (Describe) _pursuant to Town resolution; agree ant an ap- foreclosure (.attach Form TP�584.1, Schedule F) j. — Option assignment or surrender - Schedule B - Real Property Transfer Gains Tax Affidavit (Article 31-B of the Tax Law) ❑ Check this box if a Tentative Assessment and Return is being filed with respect to your current transfer, and proceed to Schedule C without completing the following affidavit. Also, enter the assessment number shown on the Tentative Assessment ......_.I I (we) certify that: (check appropriate box) 1 ❑ The transfer of real property consists of the execution of a contract to sell real property without the use or occupancy of such properly or the granting of an option to purchase real properly without the use or occupancy of such property. 2 ❑ The transfer is a transfer of real property where the consideration is less than $500,000 and which is neither (A) pursuant to a cooperative or condominium plan, nor (13) a partial or successive transfer pursuant to an agreement or plan to effectuate by partial or successive transfers a transfer which would otherwise be included in the coverage of Article 31-6 of the Tax Law.. 3 ❑ The transfer is a transfer of real property by tenants in common, joint tenants or tenants by the entirety where the aggregate consideration is less than $500,000. (All such transferors must sign this form.) 4 ❑ The conveyance is not a transfer of real property within the meaning of section 1440.7 of Article 31.13 of the Tax. Law. (Attach documents supporting such claim, and sign on back as required.) 5 ❑ The transfer of real property consists of premises wholly occupied and used by the transferor exclusively as his residence, including a cooperative apartment or condominium occupied by the transleror exclusively as a residence. (This exemption may only be claimed by an individual, estate or trust.) 6 ❑ The governmental entity (transferor) is the State of New York, or any of its agencies, instrumentalities, political subdivisions, or public corporations, including a public corporation created pursuant to an agreement or compact with another state or Canada. 7 ❑ The governmental entity (transferor) is the United Nations or any other international organization of which the United States is a member. the United States of America or any of its agencies or instrumentalities. Schedule C -Real Estate Transfer Tax Return (Article 31 of the Tax Law) Part 1 - Computation of Tax Due 1 Enter amount of consideration for conveyance (it yell are clairning a total exemption born tax, erstef coosiderateon and proceed to Parr 111) ... . .. ... .. ...... not a-ppli) - cable _ ( 2 Continuing lien deduction (See Mstruc6e:r, it properry .a.kw n suh;c-ct o mortgag: or liter?). .. - .. 2.. h� 3 Taxable consideration (Subtract fine 2 from line 1) ....................... .................... ' 4 Tax due: $2 for each $500, or fractional part thereof, of consideration on line 3 ............. 6—r( —" 5 Amount of credit claimed (See instructions and attach Form TP -584.1. Schedule G) ...... 6 Total tax due' {Subtract line 5 from line 4) ................................... ....................... 6 Part 11 - Computation of Additional Tax Due an the Conveyance of Residential Real Property for $1 Million or More 1 'Enter amount of consideration for conveyance (same as amount in Fart I, line 1) ................. . 1 2 Taxable consideration (Multiply line 1 by the percentage of the premiscs (which is residential' real property) (see irrsrrcrctrons) 3 Total additional transfer tax due' (rd/a of line 2) .......... ............. � 3 Please make check(s) payable to the county clerk where the recording is to take place or the Department of Taxation and Finance if payment is being made directly to the Tax Department. -- — — — ,T r For recording officer's use Amount Part 1 $ Date ret coved Trorsacfion number i received Pan It 5 TP -584 (4189) (back) Schedule C - (continued) Part III - Explanation of Exemption Claimed in Part 1, line 1. (check any boxes that apply) The conveyance of real property is exempt"from the real estate transfer tax for the following reason: a. Conveyance is to the United Nations, the United States of America, the State of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or Canada) ............... ....................... ......... ... .... . b. Conveyance is to secure a debt or other obligation ............. ...... . ......... ............ ....... ... ..... b c, Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance ...... CL '71 d. Conveyance of real property without consideration and otherwise than in connection with a sale, including conveyances conveying realty as bona fide gifts ............ ................................ d e. Conveyance is qj,,en in connection ,,,iih a W, salp P f. Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial ownership. (This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the cooperative dwelling or dwellings. . I g. Conveyance consists of deed of partition ........................................... __ .... .......... _ _ ...... 91-] h, Conveyance is given pursuant to the federal bankruptcy act ............................ ... _ ............. ... h i. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property .......... J I. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the consideration is less than $200,000 and such property was used solely by the grantor as his personal residence and consists of a 1, 2, or 3 family house, a residential individual condominium unit, or the sale of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential cooperative unit . I . I Conveyance is pursuant to contract, agreement, Town Board k. Other (arrack explanation)resolutions- and -applicable law k*1 Schedule D - Credit Line Mortgage Certificate (Article 11 of the Tax Law) Complete the following only if the interest being transferred is a fee simple interest, I (we) certify that: (Check appropriate box) 1 The real properly being sold or transferred is not principally improved nor will it be improved by a one -to six -family owner - occupied residence or dwelling. 2 ❑ The real property being sold or transferred is not subject to an outstanding credit line mortgage. 3 ❑ The real properly being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax is claimed for the following reason: El The transfer of real property is a transfer of a fee simple interest to a person or persons who held a fee simple interest in the real property (whether as a joint tenant, a tenant in common or otherwise) immediately prior to the transfer; ❑ The transfer of real property is (A) to a person or persons related by blood, marriage or adoption to the original obligor or to one or more of the original obligors or (B) to a person or entity where a majority of the beneficial interest in such real property after the transfer is hold by the transferor or such related person or persons; El The transfer of real properly is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court; D Other (attach detailed explanation). 4 El The real property being transferred is presently subject to an outstanding credit line mortgage, however, no tax is due for the following reason: EJ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed; or (71 A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due and a satisfaction of such mortgage will be recorded as soon as it is available. 5 11 The real property being transferred is subject to an outstanding credit line mortgage on record at (insert liber and page or reel or other identification of the mortgage). The maximum principal amount expressed in the mortgage is - , No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded.) Signature and Affirmation (Both the transferors)/grantor(s) and transferee(s)lgrantee - (s) m - ust sign) The undersigned, being duly sworn, depose and say under penally of perjury that the above return, including any affidavit, certification, schedule or attachment, has been examined by the undersigned, and is, to the best of his/her knowledge, true and complete and made in good faith pursuant to Articles 11, 31 and 31-B of the New York State Tax Law. SATELLITE INVESTMENTS THE TOWN OF WAPPINGER ran "or/grant1Title Translereelgrantee Title ( r_ Part . ne-by-:-.--- Frank Buyakowski subscribe o and sworn before me Subscribed to and sworn beton me, this,day of _Jap�2_._ (his day of 19 S USA PATRICK NNX State of ___Ne1w_Yjark_ StIft d NW York state of-Xiew...-Yor-k. Outchess QUALIFIED IN ORANGE COUNTY nof utchess County of REGISTERED IN ORANGE & DUTCHESS CwNilf� u y D Reminder: Did you complete all of the requfrehASUSIOn in Schedules A and B? Were you required to cwnpiele Schedules C and D? If you checked e, I and g in Schedule A, did you complete TP -584.1? Have you attached your check(s) made payable to the courtly clerk wherea"litf,(�Rptill take place or the Department of Taxation and Finance if payinant is being made directly to the Tax Department? �--3 � � \ % D ' \ c INTERNATIONAL FIDELITY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, That We, Satellite Investments of RR #1 Box 310 in Poughquag New York 12570 as Principal and the International Fidelity Insurance Company, a corporation authorized to do business in the State of New York, having an office and place of business at �ound 4 Commerce St. Newark N.J., as Surety are held and firmly unto the Town of Wappinger 20 Middlebush Road, Wappingers Falls, N.Y. 12590 as Obligee in the sum of Nine Hundred Thirty One Thousand Six Hundred Twenty Two and no/100 --- ($931,622.00) lawful money of the United States of America for the payment whereof to the Obligee, the said Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. SIGNED, SEALED AND DATED THIS: 21st of December 1989 WHEREAS, the above Principal have made application to the Planning Board of the Town of Wappinger for approval of a subdivision map entitled 4 Lot Subdivision - Land of Satellite Investments, WHEREAS, the Planning Board granted the final approval on among other things that this bond be given to guarantee the construction and installation of the improvements listed on Engineer's Estimate dated October 17, 1989 with cover letter dated December 28, 1989, attached hereto and made a part hereof and; NOW THEREFORE, THE, CONDITION OF THIS OBLIGATION IS SUCH, That, if the Principals shall well and truly make and complete the said improvements to the land covered by the subject subdivision in accordance with the rules and regulations of the Town of Wappinger, within (1) year from the date of the conditional approval of the final plat, then this obligation of the Surety is to be null and void; otherwise to remain in full force and effect after said time. The Surety warrants and covenants to the Obligee that in failure of the Principal to fully perform and complete the said improvements at the time of the expiration of the (1) year term, then upon demand of the Obligee, made in writing posted by ordinary mail to the office of the Surety, the Surety would perform and complete the improvements in place of the Principal in accordance with the applicable highway standards of the Town fo Wappinger and in a manner acceptable to the Town Highway Superintendent, or at the election of the Surety, tender a certified check for the amount herein before recited and payable to the Obligee. No party other than the obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety on the bond obligation shall not exceed the penal sum thereof for any cause or reason whatsoever. This is the basis on which the Surety executed this bond and any party claiming to have any right against the Surety if bound by this limitation. Sa i e Investments BY�01 International Fidelity Ins. Co. BY Mary B.' Dennis Attorney -in -Fact POWER TEL. (201) 62.4-7200 1 ' ATTORNEY HOME OFFICE: 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 BOND NO. KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having its principal office in the City of Newark„ New Jersey, does hereby constitute and appoint H.TODD BRINCKRHOFF, CARL M. JORDAN, MARY B. DENNIS, STERLING C. GASTON FISHKILL, NEW YORK its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety,. any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required orpermitted by law, statute, rule, regulation, contractor otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article -2, Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 23rd day of December, 1968. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the. Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, A.D. 1986. r- INTERN'ATION:AL, FIDELITY INSURANCE COMPANY v S =�-02 rn .401 AV JW STATE OF NEW JERSEY County of Essex �1'`�.�• Executive Vice President Cin this 1st clay of May 1986;.before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that tine seal affixed to said instrument is the Corporate Seal, of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. V_ p ­ q "•""""'°+�r �'�4� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official. Seal,. .y, at the City of Newark, New Jersey the day and year First above written. 7A U W A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 28, 1992 IWIZT J�CERTIFICATION I, the undersigned officer o f INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company asset forth is said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power- of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this c)'/day of / c'C'' C'®"r"! E y<"" � 198'Y Assistant Secretary INTERNATIONAL FIDELITY INSURANCE COMPANY 24 COMMERCE ST., NEWARK, NEW JERSEY 07.102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 1988 ASSETS 1988 Bonds (Amortized Value) ..................................... $37,187,002 Preferred Stock .............. .............................. 1,000,000 Common Stocks (Market Value) ............................... 1,071,342 Mortgage Loans on Real Estate ......................... . .. . .. 88,211 Real Estate ................................................ 60,620 Cash & Bank Deposits ....................................... 6,096,146 Short Term Investments ...................................... 1,868,972 Unpaid Premiums & Assumed Balances ........................ 1,300,138 Reinsurance Recoverable on Loss Payments ..................... 1,198,671 Federal Income Tax Recoverable .............................. 235,000 Electronic Data Processing Equipment ............ . ... . ... . .. . . 208,044 Interest & Dividends Due and Accrued ......................... 986,157 Equity in Pools and Associations ... . . ... . . .... . .. . .... . .......: 186 Funds Held in Escrow Accounts .............................. 6,158,212 Collateral Funds Held Under Contract ......................... (6,158,212) Contract Balances Due and Unpaid .... . ....................... 508,861, TOTAL ASSETS.. ................................ $51,809,350 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported Iosses net as to reinsurance ceded and incurred but not reported losses) ............................ $17,930.,319 Loss Adjustments Expenses ................................... 6,276,234 Contingent Commissions & Other Similar Charges ........... . ... 153,582 Other Expenses (Excluding taxes, licenses and fees) ........... . . . 81,222 Taxes, Licenses & Fees (Excluding Federal Income Tax).......... 463,776 Unearned Premiums ......................................... 14,807,880 Funds Held by Company Under Reinsurance Treaties ...... _ ..... 122,998 Accounts Withheld by Company for Account of Others ........... 21,990 Liability for Unauthorized Reinsurance ......................... 224,724 Liability for Uncashed Checks ................................ 57 TOTAL LIABILITIES ............................ $40,082,782 Common Capital Stock ................... . ........ . ....... . . 1,330,000 Preferred Capital Stock ................. ...................... 1,200,000 Gross Paid -in & Contributed Surplus .......................... 544,600 Unassigned Funds (Surplus) .:................................ 8,651,968 Surplus as Regards Policyholders ................... 11,726,568 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS $51,809,350 I, PHILIP KONVITZ, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 1988, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. V\1 Y 'NS�� Q4 p�Q 0 RA>. 92 o SEAL a 1904 o �yd��i�F.Y✓ 1 ERS`` aaS�' IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of the Company, this February 28, 1989. INTERNATIONAL FIDELITY INSURANCE COMPANY President