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Dutchess Heights Recreation LandJOSEP11 WORONA ATTORNEY AT LAW 4 LIBERTY STREET POUGHKEEPSIE, NEW YORK 22601 TwxpHoNn (914) 454-4660 April 20, 1971 Hon. Louis Diehl, Supervisor, and Members of the Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, New York Re: Dutchess Heights, Inc. - Section One Recreation Area Dear Supervisor Diehl and Members of the Town Board: There is enclosed a Deed of Dutchess Heights, Inc. to the Town of Wappinger of that 4. 073 acres, more or less, parcel delineated as the recreation area for Section One of Dutchess Heights, Inc. , as set forth on the Map of the same filed in the Dutchess County Clerk's Office on March 10, 1967 as Map No. 3494. It is respectfully requested that at the next meeting of your honorable Town Board, the matter of Dutchess Heights, Inc. Is request for a reduction of its performance bond for said Section One subdivision from $105, 000 to $44, 000, which was tabled at a recent meeting pending the receipt of the enclosure, be restored to the agenda and formally adopted. Dutchess Heights, Inc. will do and perform such other acts and execute such other instruments as will be required to implement the request herein and the action of your Town Board. Very truly yours, NOSE VOR JW:KT 91 Encl. cc: Angel Brook Acres Corp. Dutchess Heights, Inc. Robert Y. Heisler, Chairman, Planning Board Hugh J. Maurer, Chairman, Recreation Commission Elaine Snowden, Town Clerk RECEIVED "'LUIE 11, SNM�-IDEI LIB X15 PAGE5941E, 0 PF 30 (8165) Standard N.Y. B. T. U. Form 8007 Bargain and Sale I)ced,witb Covenant against Granter's Acts—Individual or Corporation ..6 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT — THIS INSTRUMENT SHOULD OF USED BY LAWYERS ONLY. THIS INDENTURE, made the 19th day of April, nineteen hundred and Seventy One BETWEEN DUTCHESS HEIGHTS, INC., a domestic corporation with principal place of business located in the Town of Wappinger, Dutchess County, New York, party of the first part, and the TOWN OF WAPPINGER, a municipal corporation of the State of New York, having an office on Mill Street in the Village of Wappingers Falls, Dutchess County, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of *-* ** ******ONE and ()0/ 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 W6L pinger, County of Dutchess and State of New York, I P bounded and described as follows-, Beginning at the northeast corner of Lot Number 91 which is located at the northeast corner of the intersection of Tor Road and Sylvia Drive, said lot being a portion of Map Number 3494 filed in the Dutchess County Clerk's Office, thence along the easterly line of Lot Number 119: (1) North 18'-541-57" West 217. 38 feet to the northeast corner of Lot Number 119, thence along the northerly line of Lot Number 119, (2) South 620-521-56" West 85. 00 feet to a point, thence (3) , North 27'-071-04" West 50. 00 feet to a point on the southerly line of Lot Number 120, thence along the southerly line of Lot Number 120, (4) North 62'-521-56" East 91. 00 feet to the southeast corner of Lot Number., 120, thence along the southerly line of a 3. 794 acre parcel the following three courses, (5) North 62'-521-56" East 361. 553 feet, (6) Thence 99. 352 feet on a curve to the right having a radius of 1, 450. 00 feet, (7) North 66'-481-29" East 330. 543 feet to a point, (8) Thence South 171-12t-29" East 50. 27 feet to a point on the northerly line of Lot Number 118, thence along the northerly line of Lot Number 118, (9) South 66'-48-29" West 180. 00 feet to the northwest corner of Lbt Number 118, thence along the westerly line of Lot Number 118 and Lot Number 116, (10) South 230-371-55" East 208. 104 feet to the northeast corner of Lot Number 103, thence along the northerly line of Lots Number 103, 101, 99, 97, 95 and 93, 11) South 630-341-43" West 626, 750 feet to the point of beginning. Containing 4. 073. acres, more or less. Being a portion of the lands conveyed to Dutchess Heights, Inc. by Angel Brook Acres Corp. by Deed dated August 10, 1966 and recorded in the Dutchess County Clerk's Office in Liber 1208,of Deeds at Page 669. This conveyance is of premises designated on a Map of Dutchess Heights, Inc., Section One, filed in the Dutchess County Clerk's Office on March 10, 1967 as Map Number 3494, prepared by Knox, Hayward, and Pakan Assoc iates, Engin- eers, delineated thereon as the ".Proposed Recreation Area - 4. 073 Acres" and is conveyed to the Town of Wappinger for recreation uses only. This conveyance is of premises which do not constitute all or substantially all of the assets of the party of the first part, and further, this conveyance is made in the regular course of business actually conducted by the party of the first part. q;4&,AND EVOMN� x REM, P`,,TAT12` T J", I TX, Ar 10 LIBER L. C-1 r, -Or97 ID PAGE — o28 LIBER 315 FAu 52`8 TOGE THER with all rights, 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 encumbered 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 tight 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 WrITN SS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: 4r DUTCHESS HEIGHTS, INC. By Charles M. Alpert, Vice President L/` STATE OF NEW YORK, COUNTY OF ss.: On the day of 19 before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the some. r STATE OF NEW YORK, COUNTY OF DUTCHESS ss.: On the 19th day of April, 1971 , before Tree personally came Charles M. Alpert to *ne known, who, being by me July sworn, did depose and say that he resides zuftxWappingers Falls, New York that lie is the Vice President of Dutchess Heights, In tie corporation described in and which executed the foregoing instrument ; that he, knows the seal of said corporation; that the seal affixed to said instrument is Yuch corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed kis name thereto by like order. STATE OF NEW YORK, COUNTY OF ss.: On the day of 19 before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged than execured die same. STAVE OF NEW YOPK, COUNTY OF ss.: On the day of 19 before me personally carie the subscribing witness to the foregoing, instrument, -,with whore I am Personally acquainted, who being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that lie, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h. name as witness thereto. ..7X-eI c. KATHERINE' M. TEMPLE NOTARY P'l)EILIC, STATE 06 NEW YfiDRX f(9YPCIiI1Ct[i4m'jj v;p'iValY__ GQMA494014 fYh'k,L' MARCH �fYb 1,f 'itla Covenant Against Granter's Acts Title No. ifs] STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Dhlrib.md by INTER -COUNTY TITLE GUARANTY and MORTGAGE COMPANY CHARTERED 1937 T'rie CN NEW YORK $ECTION BLOCK LOT COUNTY OR TOWN Recorded At Request of CNTER-COUNTY Title Guaranty and Mortgage Company RETURN BY MAIL TO Zip No. '� a,.)