Chelsea Road Recreation Park.1 388 USER1340 PAA88
QUITCLAIM DEED _
The UNITED STATES OF AMERICA, acingMmb�and,o,thr�ugh thew Fieg1,Q,u, �llpc,,,tgp.,,,.,,,,
Northeast Reg?on, Bureau of Outdoor Recreation,t with offices at 1421 Cherry Street,
Philadelphia, Pennsylvania, pursuant to authority delegated by the Secretary of the
Interior, and as authorized by the Federal Property and Administrative Services Act
of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 91-485
(84 Stat. 1084), and regulations and orders promulgated thereunder (hereinafter referred
to as Grantor), for and in consideration of the use and maintenance of the property
herein conveyed for public park or public recreation purposes in perpetuity by the -T
of Wappanger, New York, with offices at Mill Street, Wappinger Falls, New York, (herein-
after referred to as Grantee), does hereby remise, release, and quitclaim to Grantee,
its successors and assigns, subject to the reservations, exceptions, restrictions,
conditions, and covenants hereinafter set forth, all right, title, and interest of the
g property of Waoinor
Grantor in and to the following describedsituated In the To _ww of:
KU
Fishkill, Dutchess County, State of New York, and more particularly described as
follows;
TRACT 1
Beginning at a point on the east side of Chelsea Road, said point being
S 740 55' 1311 E 5.00 feet and S 170 061 3211 W 60.10 feet and S 100 07' 4211
W 29.41 feet and S 040 44' 191, W 437.82 feet .from a concrete monument
marking the southwest corner of the lands formerly of Joseph R1xdi and the
former northwest corner of the lands of the United States Government,
thence S 760 22' 11" E 745.15 feet, thence S 680 221 11F1 E 520.51 :feet,
thence S 620 141 40" E 298.70 feet, thence S 750 00' 10f1 E 527.75 feet,
thence N 680 47' 50" E 848.30 feet to a stone wall, thence S 500 30' 2011
E 451.14 feet, thence S 510 331 3111 E 119.93 feet, thence S 500 24' 201'
E 355.75 feet, thence S 340 291 40" W 200.00 feet, thence N 500 33' 1711
W 778.74 feet, thence S 680 22' 1011 W 510.00 feet, thence S 360 15' 31"
W 385.68 .feet, thence N 700 09' 19" W 1467.75 feet, thence N 870 361 28"
W 759.85 feet to the east line of Chelsea Road, thence along said road
line N 020 24' 50" W 115.24 feet, thence N 020 141 3411 W 29.93 feet,
thence N 110 291 09P1 E 269.72 feet, thence N 070 401 43" E 135.64 feet,
thence N 040 44' 1911 E 19.97 feet to the point and place of beginning.
TRACT 2
Beginning at a point on the west side of Chelsea Road, said point being
S 200 05' 56" W 183.06 feet .from the southwest corner of lands formerly
of Joseph Rudi, thence along the lands of the New York Central Railroad
S 200 051 50" W 194.14 feet, thence S 070 34' 1211 W 110.64 feet, thence
S 200 051 561, W 162.00 feet, thence S 470 55' 23g1 W 122.12 feet, thence
S 650 47' 2511 E 174.77 feet to the west line of Chelsea Road, thence
N 110 291 0911 E 100.00 feet, thence N 070 401 3411 E 133.69 feet, thence
N 040 44' 1911 E 368.41 .feet to the point and place of beginning.
The property herein conveyed, consisting of Tracts 1 and 2, contains
45.827 acres, more or less, and was formerly a portion of the Veteran's
Administration Hospital Reservation, Castle Point, New York, V -NY -454F,
under the administrative jurisdiction of the Veterans Administration,
an agency of the United States Government.
SUBJECT TO any and all outstanding reservations, easements and rights-
of-way, recorded and unrecorded, for public roads, railroads, pipelines,
drainage ditches, sewer mains and lines, and public utilities affecting
the property herein conveyed.
TO HAVE AND TO HOLD the above premises, subject to the easements, reservations,
exceptions, restrictions, conditions, and covenants herein.enumerated and set forth,
unto the Grantee, its successors and assigns, forever.
There are excepted from this conveyance and reserved to the Grantor all oil,
gas, and other minerals in, under, and upon the lands herein conveyed, together with
the right to enter upon the land for the purpose of mining and removing the same.
The Grantor further reserves a right-of-way for overhead utility lines along
the following described line:
Beginning at a point on the east line of Chelsea Road said point being
N 020 24' 50" W 115.24 feet and N 020 14' 34" W 29.93 feet from the
southwest corner of Tract 1, thence N 130 13148" E 395.70 feet, thence
S 770 54' 17" E 652.58 feet, thence S 670 59' 45" E 385.40 feet, thence
S 640 35' 51" E 445.74 feet, thence S 740 46' 29" E 271.84 feet to a
branch line going S 230 58' 12" W 352.66 feet, then main line going S
750 03' 34" E 294.47 feet, thence N 700 20' 56" E 502.80 feet, thence
N 670 08' 03" E 351.77 feet, thence S 500 34: 15" E 636.06 feet, thence
S 040 13' 29" W 226.47 feet to the south property line.
Said right-of-way, for the main line, has a width of 20 feet to the
south and east and whatever the distance is to the north and west
to the property line; and a width of 20 feet to either side of the
described branch lines.
TOGETHER WITH a right of access to said utility lines for the purposes
of maintenance, operation, replacement and repair of said lines.
The above-mentioned utility lines, together with all structures and
appurtenances thereto, are excepted and reserved from this conveyance.
Pursuant to authority contained in the Federal Property and Administrative
Services Act of 1949, as amended, and applicable rules, regulations and orders
promulgated thereunder, the General Services Administration determined the property
to be surplus to the needs of the United States of America and assigned the property
to the Department of the Interior for conveyance to the Town of Wappinger, New York.
It is understood and agreed by and between the Grantor and Grantee, and
Grantee by acceptance of this deed does acknowledge that it fully understands the
terms and conditions set forth herein and does further covenant and agree for itself,
and its successors and assigns, forever, as follows:
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z
U3ER1340 rm 189
1. The property shall be used and maintained for the public purposes for
MN9
which it was conveyed in perpetuity as set forth in the program of utilization and
plan contained in the application submitted by Grantee on the 16th day of February,
1972, as amended the 30th day of March, 1972, which program and plan may be further
amended from time to time at the request of either the Grantor or Grantee, with the
written concurrence of the other party, and such amendments shall be added to and
become a part of the original application.
2. The Grantee, its successors and assigns, shall not erect, maintain,
suffer or permit on the premises or any part thereof (1) any heavy industrial plant,
building, business, trade or occupation from which any offensive or obnoxious odors,
industrial waste or excessive noise might emanate; (2) any dangerous, offensive or
obnoxious use, trade, business or occupation; or (3) any other use, business, trade
or occupation rich, in the judgment'.of the Administrator of Veterans Affairs or his
designee, interferes with the proper care and treatment of patients at the U.S. Veterans
Administration Hospital, Castle Point, New York.
3. The Grantee shall within 6 months of the date of this deed erect and
3t
`. maintain a permanent sign or marker near the point of principal access to the conveyed
area indicating that the property is a park or recreational area and has been acquired
from the Federal Government for use by the general public.
4. The property shall not be sold, leased, assigned, or otherwise disposed
of except to another eligible governmental agency that the Secretary of the Interior
agrees in writing can assure the continued use and maintenance of the property for
public park or -'public recreational purposes subject to the same terms and conditions
in the original instrument of conveyance. However, nothing in this provision shall
preclude the Grantee from providing related recreational facilities and services
compatible with the approved application, through concession agreements entered into
with third parties, provided prior concurrence to such agreements is obtained in
writing from the Secretary of the Interior.
5. From the date of this conveyance, the Grantee, its successors and assigns,
shall submit biennial reports to the Secretary of the Interior, setting forth the use
made of the property during the preceding two-year period, and other pertinent data
establishing its continuous use for the purposes set forth above, for ten consecutive
reports and as further determined by the Secretary of the Interior.
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6. If at any time the United States of America shalt determine that
the premises herein conveyed, or any part thereof, are needed for the national
defense, all right, title and interest in and to said premises, or part thereof
determined to be necessary to such national defense, shall revert to and become
the property of the United States of America.
7. As part of the consideration for this deed, the Grantee covenants and
agrees for itself, its successors and assigns, that (1) the program for or in connection
with which this deed is made will be conducted in compliance with, and the Grantee, its
successors and assigns, will comply with all requirements imposed by or pursuant to
the regulations of the Department of the Interior as in effect on the date of this
deed (43 C.F.R. Part 17) issued -under the provisions of Title VI of the Civil Rights
Act of 1964; (2) this covenant shall be subject in all respects to the provisions of
said regulations; (3) the Grantee, its successors and assigns, will promptly take and
continue to take such action as may be necessary to effectuate this covenant; (4) the
United States shall have the right to seek judicial enforcement of this covenant; and
(5) the Grantee, its successors and assigns, will (a) obtain from each other person
(any legal entity) who, through contractual or other arrangements with the Grantee,
its successors or assigns, is authorized to provide services or benefits under said
program, a written agreement pursuant to which such other persons shall, with respect
to the services or benefits which he is authorized to provide, undertake for himself
the same obligations as those imposed upon the Grantee, its successors and assigns, by
this covenant, and (b) furnish a copy of such agreement to the Secretary of the Interior,
or his successor; and that this covenant shall run with the land hereby conveyed, and
shall in any event, without regard to technical classification or designation, legal or
otherwise, be binding to the fullest extent permitted by law and equity for the benefit
of, and in favor of the Grantor and enforceable by the Grantor against the Grantee,
its successors and assigns.
LW'i�'HEZS
ON THE.J.0/--r-
ftALESTATE STATE OF
A
'J'REW YORK
TR �N SFE R TAXW,
4 F t"'GE.51?4F A,�qr,� [-,/,ABAHNk"D t4 �2 TZ
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392 '-
In the event there is a breach of any of the conditions and covenants
hereincontainedby the Grantee, its successors and assigns, whether caused by the
legal or other inability of the Grantee, its successors and assigns, to perform said
conditions and covenants, or otherwise, all right, title and interest in and to the
C17)
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said premises shall revert to and become the property of the Grantor at its option,
which in addition to all other remedies for such breach shall have the right of entry
upon said premises, and the Grantee, its successors and assigns, shall forfeit all
right, title and interest in said premises and in any and all of the tenements,
hereditaments and appurtenances thereunto belonging, provided, however, that the
failure of the Secretary of the Interior to require in any one or more instances
complete performance of any of the conditions or covenants shall not be construed as
a waiver or relinquishment of such future performance, but the obligation of the
Grantee, its successors and assigns, with respect to such future performance shall
continue in full force and effect:
STATES OF
I -
Region aA Director
Northeast Region
Bureau of Outdoor Recreation
1421 Cherry Street
Philadelphia, Pennsylvania
STATE OF
F
" C
On, thigZday of 5 19L, before me, the -XI 1 A
bubscei)erydally appeared to me known and known to me
to Vbe�* Rpg�io" Director, rt5a'st Region, Bureau of Outdoor Recreation, of the
Ate
Tl�iAe �S Ates 4D tment of the Interior, a governmental agency of the United States of
3, A� ;,w;L�h. es at 1421 Cherry Street, Philadelphia, Pennsylvania, and known to me
'h
I'll. tbM'`b, e dime n described in and who executed the foregoing instrument as such
tide oresaid, as the act and deed of the United States of America, for
'e' -, e Secretary of the Interior, duly designated, empowered and authorized
so Secretary, and he acknowledged that he executed the foregoing instrument
for and cin'behalf of the United States of America, for the purposes and uses therein,
described.
NOTARY PUBLIC
My Commission expires: ca
CAROL ANN BEECHM, NOTARY PUSUC
MY COMMUSMN EXPIN'S OCT� 13, 1975
IN WITNESS WHEREOF,
the Grantor has caused these
presents to be executed
in its
name and on its behalf
this the
day of'je-�"Xl
STATES OF
I -
Region aA Director
Northeast Region
Bureau of Outdoor Recreation
1421 Cherry Street
Philadelphia, Pennsylvania
STATE OF
F
" C
On, thigZday of 5 19L, before me, the -XI 1 A
bubscei)erydally appeared to me known and known to me
to Vbe�* Rpg�io" Director, rt5a'st Region, Bureau of Outdoor Recreation, of the
Ate
Tl�iAe �S Ates 4D tment of the Interior, a governmental agency of the United States of
3, A� ;,w;L�h. es at 1421 Cherry Street, Philadelphia, Pennsylvania, and known to me
'h
I'll. tbM'`b, e dime n described in and who executed the foregoing instrument as such
tide oresaid, as the act and deed of the United States of America, for
'e' -, e Secretary of the Interior, duly designated, empowered and authorized
so Secretary, and he acknowledged that he executed the foregoing instrument
for and cin'behalf of the United States of America, for the purposes and uses therein,
described.
NOTARY PUBLIC
My Commission expires: ca
CAROL ANN BEECHM, NOTARY PUSUC
MY COMMUSMN EXPIN'S OCT� 13, 1975
The foregoing conveyance is hereby accepted and the undersigned agrees,
t394- y this acceptance, to assume and be bound by all the obligations, conditions,
,.r
,3,4 covenants and agreements therein contained.
Ct .......... TOWN OFI,,"W�koiINGER, NEW YORK
JBy
Title I
STATE OF
ss
COUNTY
7 before
On the day of I �
�
me personally came j to me known, who, beEng by me
duly sworn, did depose and say that he resides at X.5 56o 4�,'e'
that he is the J, � 4" ( "� 6, / -5 6'� - of the Town of Wappinger, New York, the
corporation described in and which executed the foregoing instrument and that he
knows the seal of said corporation; that the seal affixed to said instrument is such
corporate seal; that it was so affixed by the order of the—r&vr�
of 'S'4� apIrporation by resolution dated MOGOC.-t— and' that he
ijn6,d.,'hQ,q,"'name thereto by like order.
IC
PDMALD G OUCH;
N"m" P'jt'! , 0 NI. Y"'k SM,
Drmh'1,3 O, oau Ity
.........
commission expires:
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