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
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•'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. GARTLAND
AND RAPPLEYEA
ATTORNEYS ANO
COUNSELORS AT LAW
35 MARKET STREET
POUGHKEEPSIE, NEW YORK F260
{914)43A.1$10
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TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been 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
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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.
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IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of
the Company, this February 28, 1989.
INTERNATIONAL FIDELITY INSURANCE COMPANY
President