2010-03-04 (2)
...
GERALD A. VERGlLlS.
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DiAMOND....
JOAN F. GARRETT..
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
ATTORNEYS AND COUNSELORS AT LAW
I ]36 ROUTE 9
WAPPINGERS FALLS, NEW YORK ]2590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
SANDRA A. OAKLEY
SARAH SALISBURY
CLOSING COORDINATOR:
MARlA JONES
WWW.vsrp.com
e-mail: info@vsrp.com
KEVIN T. McDERMOTT
ANGEL 1. FALCON
ANTHONY M. DEFAZIO...
JAMES P. HORAN...
LISA M. COBB
M. ELLEN O'SULLIVAN
POUGHKEEPSIE OFFICE
276 MAIN STREET
POUGHKEEPSIE, NY 1260]
(845) 452-] 046
NEWBURGH OFFICE
372 FULLERTON A VENUE
NEWBURGH, NY 12550
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March 4, 2010
rlECEIVE:L
MAR - 5 2010
Via Overnight Delivery
Gellert & Klein, P.C.
75 Washington Street
Poughkeepsie, New York 12601
Attention: Elizabeth Corrado, Esq.
'""^''''' ~, f=p'
Re: Adams Fairacre Farms Site Plan
Conservation Easement (Indiana Bat Habitat)
Dear Liz:
I am pleased to enclose three (3) duplicate originals of the Conservation Easement executed by
the Town of Wappinger by Christopher 1. Colsey, Supervisor. I note that the easement was also
executed by Richard G. Barger on behalf of Phantom Hollow Equities, Inc. and by Patrick
Adams, as Member of Adams-Wappinger, LLC. Also enclosed are two (2) duplicate originals of
the TP-584 executed by the Town of Wappinger. It is my understanding that your office will
attend to recording this document and provide me with a copy of the recording receipt from the
Dutchess County Clerk's Office.
Based on your conversation with me this morning, the form of this document has been approved
by the New York State Department of Environmental Conservation. As attorney to the Town of
Wappinger, no representation is made as to the adequacy of the Conservation Easement or the
legal description of the easement area. This Conservation Easement was required by NYSDEC as
a condition to the issuance of an Article 11 Incidental Endangered Species Taking License.
0:\ Wappinger\PlanningBoard\Adams Fairacre Farms\20J 0 correspondence\03041 0 letter to Corrado re Conservation Easemenl.doc
Page 2
Adams- Wappinger, LLC was joined as a third party participant in this matter for the
purposes of providing the Town of Wappinger with the hold harmless and
indemnification set forth in paragraph 18.
Thank you for your cooperation and I hope this concludes the matter for Adams. We are
all looking forward to its completion.
Very truly yours,
GER, ROBERTS, DAVIS & DIAMOND, LLP
ALB. RT P. ROBERTS
APRlso
cc: Town Board
Planning Board
Code Enforcement Department
Robert 1. Gray, P.E.
David Stolman, AICP
0:\ Wappinger\PlanningBoard\Adams Fairacre Farms\20 I 0 correspondence\0304\ 0 letter to Corrado re Conservation Easement.doc