Deed of Conservation Easement
DEED OF CONSERVATION EASEMENT
This Conservation Easement is made and entered into as of the.3~ay of March, 2010,
BETWEEN: PHANTOM HOLLOW EQUITIES, INC., a New York corporation, having offices
at 6 Old North Plank Road, Newburgh, New York 12550, hereinafter referred to
as the "Grantor",
AND: The TOWN OF WAPPINGER, a municipal corporation, having offices at 20
Middlebush Road, Wappingers Falls, New York 12590, hereinafter referred to
as the "Grantee".
AND: Adams-Wappinger, LLC, having offices at 765 Dutchess Turnpike,
Poug!Jkeepsie, NY 12603, hereafter referred to as "Adams",
WHEREAS:
A. Grantor is the sole owner in fee simple of three separate parcels of property located in
the Town of Wappinger, Dutchess County, New York, bearing the Tax Grid Identifying
Numbers 135689-6257-03-267342-0000, 135689-6257-03-206277-0000 and 135689-
6257 -03-071167-0000, and which are more particularly described in Schedule A
attached. The aggregate area which shall be subject to this Conservation Easement is
comprised of approximately 12.58 acres, made up of portions of each of the
aforementioned three parcels owned by the Grantor. The aggregate 12.58 acres which
shall be subject to this easement is comprised of five (5) parcels (referred to hereafter
collectively as the "Property"), and which are more particularly describes as Parcels A
through E in Schedule 8 attached hereto. The Property subject to this easement is also
depicted on the "Easement Map" attached as Schedule C hereto.
B. The Property possesses the following attributes. It is vacant land unimproved by any
man-made structure and comprised primarily of woodlands and constitutes open space
in a Town which is under significant and increasing development pressure. Portions of
the Property have been identified as excellent quality habitat for the Indiana Bat, an
endangered species listed on both the Federal and New York State lists of endangered
species. The Property is also adjacent to 37.279 acres of land which are now protected
by a Conservation Easement, and thus, the protection of this site will enhance and
improve the open space protected by that adjacent property.
C. Article 14 of the New York State Constitution states that lithe policy of this state shall be
to conserve and protect its natural resources and scenic beauty and encourage the
development and improvement of its agricultural lands for the production of food and
other agricultural products";
D. The Legislature of the State of New York has found and declared that in order to
implement the public policy of the State of conserving, preserving and protecting its
environmental assets and natural and man-made resources, the preservation,
development and improvement of agricultural and forest lands is fundamental to the
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rtECEIVE:L
MAR - 5 2010
"\1\1/\, ~, F=pr
maintenance, enhancement and improvement of, among other things, balanced
economic growth and the quality of life in all areas of the State, and in furtherance
thereof has enacted Article 49, Title 3, of the New York Environmental Conservation
Law (ECl) to provide for and encourage the limitation and restrictions of development,
and use of, real property through conservation easements;
E. The Property is located within the Town of Wappinger. The Town's Draft
Comprehensive Plan dated October 2008 states as follows:
. "Scattered land development throughout the Town has fragmented habitat."
Town of Wappinger Draft Comprehensiv~ Plan, October 2008, at Page 3.
. "The Town is home to a number of threatened and endangered species,
including the Blanding's Turtle, and plants such as the Blazing Star, Rattlebox
and Violet Wood Sorre!." Town of Wappinger Draft Comprehensive Plan,
October 2008, at Page 3.
. "The Town is a member of the Hudson River Valley Greenway Compact, which
encourages inter-municipal cooperation and policies consistent with the Green
principles, including natural and cultural resource protection, public access and
environmental education." Town of Wappinger Draft Comprehensive Plan,
October 2008, at Page 4.
. "Farm fields and forested lands, which provide natural resources and a rural or
semi-rural character to the Town, are threatened by continued development of
housing, commercial and institutional sites in the Town. Fields and forests also
help define the edges and shape the identities of settled areas." Town of
Wappinger Draft Comprehensive Plan, October 2008, at Page 5.
. "Goal: Encourage the preservation of environmentally significant features. ...
Objectives: ... F. Protect the Town's biodiversity through protection of
endangered species and threatened plant and animal populations, as well as
through control of invasive species." Town of Wappinger Draft Comprehensive
Plan, October 2008, at Page 8.
. "Goal: Encourage development with high aesthetic standards to provide a visual
and natural environment that will promote economic stability, enhance
community character, and will be compatible with surrounding land uses. ...
Objectives: ... C. Protect important landscapes through opens space and farm
land conservation." Town of Wappinger Draft Comprehensive Plan, October
2008, at Page 10.
F. The Property was inspected and assessed in November 2009 by Michael S. Fishman,
CWB PWS, of the firm of Stearns & Wheler GHD, One Remington Park Drive,
Cazenovia, NY 13035, and determined to be excellent quality habitat for the Indiana
Bat, an endangered species listed on both the Federal and New York State lists of
endangered species. The protection afforded the Property by this Conservation
100303 Phanlom w Wappinger CE Draft 10 Flnal.wpd
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Easement will assure the preservation of valuable habitat for the Indiana Bat.
G. The Property is also adjacent to 37.279 acres of land which are now protected by a
Conservation Easement. This will enlarge the area of contiguous protected property
and enhance the benefit of both protected properties. It has been recognized that as
the protection of land through conservation easements proliferates, they beget and
encourage other landowners to protect their land and open spaces. Hence, this
protection of adjacent properties will also serve to encourage the continued addition of
preserved land in the Town of Wappinger.
H. Grantee has determined that accepting a Conservation Easement on the Property with
this easement will enhance the long-term ecological and habitat values of the Property
and will enhance open space preservation in the Town which serves the Town's goals
and objectives as set forth in its Draft Comprehensive Plan dated October 2008.
J. Grantor and Grantee desire to ensure that as outlined in the purposes of this easement
as stated below, the habitat, forestry and general open space characteristics of the
Property will be protected for the benefit of future generations, and desire to do this by
entering into this Conservation Easement pursuant to the provisions of Article 49, Title
3 of the New York ECl.
K. The Grantor intends to grant the property interest conveyed by this Deed to the
Grantee for the exclusive purpose of protecting the habitat, forest and open space
characteristics on the Property, pursuant to the terms and conditions contained herein.
L. Grantor has received independent legal and financial advice regarding this
Conservation Easement to the extent that Grantor has deemed necessary. Grantor
freely signs this Conservation Easement in order to accomplish its conservation
purposes.
M. Adams, a third party, for its own benefit, seeks to accomplish the preservation and
protection of the Indiana Bat habitat located on the Property by providing critical
assistance in making the conservation easement between the Grantor and the Grantee
a reality.
Now, Therefore, in consideration of the foregoing, and the mutual covenants contained
herein, the parties agree as follows:
1. GRANTEE'S REPRESENTATION.
Grantee represents and warrants that, as a municipal corporation, it is a New York "public
body" within the meaning of Article 49, Title 3 of the New York ECl (and any successor
statutes), and by virtue of such, is a qualified organization within the meaning of the ECl to
accept, purchase and hold this Conservation Easement.
2. GRANT OF CONSERVATION EASEMENT.
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Grantor voluntarily grants and conveys to Grantee, and Grantee voluntarily accepts, this
Conservation Easement to run with the land in perpetuity as defined by Article 49, Title 3, of
the New York ECl for the purposes outlined below.
3. PURPOSE.
3.1 It is the purpose of this Conservation Easement to: (a) conserve important
endangered species habitat, forestry lands and their associated unique and
special natural features; (b) enable the Property to remain in its present natural,
vacant and unimproved state by protecting in perpetuity its habitat, forestry and
open space values; (c) prevent any use of the Property that would significantly
impair or interfere with its current or potential endangered species habitat and
forestry viability; and (d) conserve and protect the Property's scenic and open
space resources, and rural character.
3.2 Grantor and Grantee share the common desire to conserve these resources by
the conveyance of this Conservation Easement, in order to prevent the use or
development of the Property for any purpose or in any manner which would
conflict with the conservation of these resources.
4. IMPLEMENTATION.
This Conservation Easement shall be implemented by limiting and restricting the development
and use of the Property in accordance with its provisions as provided throughout.
5. DEFINITIONS AND REFERENCES.
As used in this Conservation Easement, the terms "Grantor" or "owner" include the original
Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in
all or any portion of the Property, and any party entitled to the possession or use of all or any
part thereof; and the term "Grantee" includes the original Grantee and its successors and
assigns. References to the "subdivision plat" shall be to a subdivision plat entitled "Subdivision
for BR.H. Realty' which was filed in the office of the Dutchess County Clerk on November 21,
2007 and which bears the Filed Map No. 12108. All references to attorneys' fees, as noted
throughout this Conservation Easement, shall include disbursements, costs, witness fees, and
all other expenses incurred in connection with legal representations.
6. RESERVED RIGHTS.
Grantor reserves for itself, and for its grantees, assigns and successors in interest, all rights
with respect to the premises including, without limitation, the right of exclusive use, possession,
and enjoyment of the premises and the right to sell, transfer, lease, mortgage, or otherwise
encumber the premises, as owner, subject to the restrictions and covenants set forth in this
Conservation Easement. Nothing herein shall be construed as a grant to the general public of
any right to enter upon any part of the premises and no grantee shall do anything that
controverts the provisions of this Paragraph. Grantor may post the Property to prevent
trespass.
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7. PERMITTED USES.
See Paragraph 6 "Reserved Rights" above.
8. RESTRICTED USES.
8.1 The restrictions imposed upon the Property are as follows:
8.1.1 In order to accomplish, safeguard and promote the conservation
purposes of this easement, Grantor hereby declares and covenants that
the Property shall be held, sold, conveyed and transferred subject to the
restrictions set forth below, which restrictions shall run with the land and
be binding upon all parties acquiring any right, title or interest in the
Property or any part thereof.
8.1.2 The Property shall not be disturbed, altered or improved in any manner
or by any means, its being the intention that the Property be left forever
in its natural condition. Without limiting the generality of the foregoing,
the following activities are prohibited on the Property:
8.1.2.1
8.1.2.2
8.1.2.3
8.1.2.4
8.1.2.5
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Cutting or removing of trees, shrubs or existing vegetation
and the harvesting of timber shall be prohibited, except to
the minimum extent necessary to: (1) remove trees and
limbs which are diseased or dangerous; and (2) maintain
drainage structures, paths and open space existing on the
date of execution of this Conservation Easement or
shown on the approved subdivision plat. Also excepted
from this prohibition shall be tree clearing performed for
the purpose of maintaining Indiana Bat habitat, which
clearing shall be done with the prior approval of the
NYSDEC and the Grantor.
Disturbance, excavation or alteration of vegetation and/or
natural resources within the Property and, to this end, no
topsoil, sand, gravel, rock or minerals shall be excavated,
disturbed or removed from the Property.
Construction or maintenance of building, structures,
fences, walls, monuments, pipes, conduits, wires or other
improvements. For purposes of this paragraph, the term
"structure" shall have the same meaning as set forth in the
Town of Wappinger Zoning Law.
Creation of any impervious surfaces.
Placement, maintenance or storage of automobiles,
vehicles of any kind, construction equipment or
5
construction materials of any sort.
8.1.2.6
Placement, construction or maintenance of wells
drainage structures, impervious surfaces or othe;
improvements affecting surface water or groundwater,
other than as shown on the approved subdivision plan.
Alteration of or disturbance of any surface or underground
watercourse.
8.1.2.7
8.1.2.8
Placement or maintenance of ashes, trash. rubbish,
garbage, yard debris, waste oil, petroleum products. toxic
substance, fill materials, or any unsightly and offensive
materials.
8.2 Nothing herein shall prevent, restrict or interfere with the construction of any
driveway, septic system, single family dwelling, drainage or other subdivision
improvement as may be shown on the filed subdivision plat.
9. Extinguishment of Development Rights.
Except 'as specifically reserved in this Conservation Easement, Grantor grants to Grantee all
development rights that are now or hereafter allocated to, implied, reserved or inherent in the
Property, and the parties agree that subject to such reservations, such development rights are
terminated and extinguished by this Conservation Easement, and may not be used or
transferred to any portion of the Property as it is now or hereafter may be described, or to any
other property, whether adjacent or otherwise, or used for the purpose of calculating
permissible lot yield or building density of the Property or any other property.
10. Existing Conditions.
By its execution of this Conservation Easement, Grantee and Grantor agree that the Property
is presently vacant, contains no man-made improvements of any kind, and is in a natural state.
In June of 2009, the Property was toured, inspected and assessed by Michael S. Fishman.
CWB PWS, of the firm of Stearns & Wheler GHD. One Remington Park Drive, Cazenovia, NY
13035. According to Mr. Fishman, the parcels comprising the easement Property are all
forested in mature, oak-dominated southern hardwood forest cover type and lie along the
power line right-of-way. The mature forest contains mixed-age hardwood forest, scattered
standing dead timber (snags) and bounded by adjacent forested wetlands. Mr. Fishman
determined the conditions on these parcels to be suitable roosting and foraging habitat for the
Indiana Bat. The conditions of the site at the time of his inspection are described in more detail
in his revised Indiana Bat Mitigation Plan which was filed with the NYSDEC and a copy of
which is on file with the Grantee.
11. Enforcement.
11.1 Grantee may enforce this Conservation Easement at law or in equity, including,
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without limitation, pursuant to the provisions of Article 49, Title 3 of the
Conservation Law, against any or all of the owners of the Property or any part
thereof.
11.2 The Grantor and the Grantee agree that the United States Fish & Wildlife
Service (USFWS) of The US Department of The Interior and the New York State
Department of Environmental Conservation Department (NYSDEC), are hereby
deemed beneficiaries of this Conservation Easement and shall have the right,
but not the obligation, to access the Property to perform animal habitat research
on the Property and to enforce the terms hereof in law or equity pursuant to
applicable law against any or all owners of the premises as if they were parties
to this Conservation Easement.
11.3 If there is a violation, or threatened violation, of this Conservation Easement,
Grantee, or any other entity with the right to enforce this easement, shall
provide written notification to Grantor, and/or notify the party in violation or
threatening the violation, who shall, in the case of an existing violation, promptly
cure the violation by (a) ceasing the same or (b) restoring the Property to the
condition before such violation, or in the case of a threatened violation, refrain
from the activity that would result in the violation. If a violation continues for
more than 45 days after written notice is given without Grantor taking steps to
cure the same, or at any time if the violation or a threatened violation threatens
immediate and irreparable harm to the resource values of the Property that this
Conservation Easement is intended to protect, Grantee, or any other entity with
the right to enforce this easement, may seek immediate injunctive relief and
shall have the right, but not the obligation, to correct it by direct action, as well
as by pursuing all available legal remedies. If a violation is determined to have
occurred, the Grantor, including its successor and/or assigns, shall reimburse
Grantee, or any other entity with the right to enforce this easement, for all
expenses, including reasonable attorneys' fees, incurred in enforcing this
Conservation Easement and curing the violation.
11.4 Failure to enforce any provision of this Conservation Easement shall in no event
be deemed a waiver of a right to do so thereafter as to the same violation or
breach or as to one occurring prior or subsequent thereto.
12. Amendment.
This Conservation Easement may be amended by a recorded instrument signed by the
Grantor and the Grantee. Any such amendment shall be consistent with the purposes of this
Conservation Easement and shall comply with Article 49, Title 3 of the Conservation Law. Any
amendment of the terms of Paragraph 8 of this Easement shall require the prior, written
consent of the USFWS and the NYSDEC.
13. Notices.
Any Notice required or desired to be given by a party shall be in writing and shall be given by
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either (1) overnight delivery, or (2) certified mail, return receipt requested and regular mail, to
the other party at the address set forth on the then current Town tax roll. Such notice shall be
considered to be given upon receipt.
14. Encumbrance by Conservation Easement.
Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the
Property, shall be subject to this Conservation Easement, and any deed or other instrument
evidencing or effecting such conveyance shall contain language substantially as follows:
"This (conveyance, lease, mortgage, easement, etc.) is subject to a
Conservation Easement which runs with the land and which was granted to the
Town of Wappinger by instrument dated , and
recorded in the office of the Clerk of Dutchess County at Document No. _."
The failure to include such language in any deed or instrument shall not, however, affect the
validity or applicability of this Conservation Easement to the Property.
15. Intentionally Omitted.
16. Severability.
Invalidation of any provision of this Conservation Easement by court judgment, order, statute
or otherwise shall not affect any other provisions, which shall be and remain in force and
effect.
17. Binding Effect.
The provisions of this Conservation Easement shall run with the Property in perpetuity and
shall bind and be enforceable against the Grantor and all future owners and any party entitled
to possess or use the Property or any portion thereof while such party is the owner
or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of
title, the transferor shall, with respect to the Property transferred cease being a Grantor or
owner with respect to such Property for purposes of this Conservation Easement and shall,
with respect to the Property transferred, have no further responsibility or liability hereunder for
acts done or conditions arising thereafter on or with respect to such Property, but the
transferor shall remain liable for earlier acts and conditions done or occurring during the period
of his or her ownership or conduct.
18. Limitation of Liability.
18.1 Adams shall hold harmless, indemnify and defend the Grantee and its officers,
employees, agents and contractors, personal representatives, successors and
assigns of each of them (collectively "Indemnified Parties") from and against all
liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes
of action, claims, demands, judgments or administrative actions, including
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without limitation reasonable attorneys' fees arising from or in any way
connected with (a) injury to or death of any person or physical damage to any
property resulting from any act, omission, condition, or other matter related to or
occurring on or about the Property, regardless of cause, except to the extent
caused by the negligence of any of the Indemnified Parties, (b) the violation or
alleged violation of, or other failure to comply with, any federal, state or local
law, regulation, or requirement, including without limitation, environmental laws,
by any person other than any of the Indemnified Parties, in any way affecting,
involving or relating to the Property; (c) claims arising out of or in any way
related to the existence or administration performed in good faith of this
Conservation Easement, and (d) the presence or release in, on, from, or about
the Property, at any time, of any substance now or hereafter defined, listed or
otherwise classified pursuant to any federal, state, or local law, regulation, or
requirement as hazardous, toxic, polluting, or otherwise contaminating the air,
water or soil or in any way harmful or threatening to human health or the
environment, unless caused solely by any of the Indemnified Parties.
18.2 In the event any claim is asserted which may give rise to liability under the
foregoing indemnity, (a) the Grantee shall give the Adams prompt notice
thereof, (b) Adams may defend the same with counsel selected by the Adams,
subject to the Grantee's reasonable approval, (c) the Grantee shall cooperate
with the Adams in the defense thereof, and (d) the Grantee shall not settle any
such claim without having received Adams prior written consent thereof.
19. Acts Beyond Grantor's Control.
This Conservation Easement shall not be construed to entitle Grantee to bring any legal action
against Grantor for any injury to or change in the Property resulting from natural events
beyond the control of the Grantor. Such natural events include fire, flood, storm, earthquake,
tornado, landslide or Acts of God, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting
from such causes. This paragraph shall not be construed to relieve the Grantor of the
obligation to clean-up garbage or materials dumped on the Property by third parties or to
otherwise maintain the Property in a condition consistent with the purposes of this Easement.
20. Further Acts.
Each party shall perform any further acts and execute and deliver any documents, including
amendments to this Conservation Easement, which may be reasonably necessary to
effectuate the provisions and purposes of this Conservation Easement or which are necessary
to qualify this instrument as a Conservation Easement under Article 49, Title 3, of the
Conservation Law or any regulations promulgated pursuant thereto.
21. No Forfeiture.
Nothing herein contained will result in a forfeiture of Grantor's title in any respect.
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22. Controlling Laws.
The interpretation and performance of this Conservation Easement shall be governed by the
laws of the State of New York. The Property remains subject to all applicable local, state and
federal laws and regulations.
23. Assignment and Continuity.
Grantee agrees that it will assign or transfer this Conservation Easement only to an assignee
that is (a) a qualified "not-for-profit organization" or "public body" as those terms are defined in
Section Article 49, Title 3 of the NYS ECl and which (b) agrees to continue to carry out the
conservation purposes of this Conservation Easement.
24. Inspection.
24.1 Grantee, its designees, or any entity having the right to enforce this
Conservation Easement, shall have the right to enter the Property for the
purpose of determining whether the provisions of this Conservation Easement
are being observed and for the purposes set forth in Paragraph 11.2 of this
easement. Notice of such inspections shall be delivered to the Grantor, its
designee or its agent, at least forty-eight (48) hours prior to such inspection. The
inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a
weekday that is not a legal holiday recognized by the State of New York or at a
date and time agreeable to the Grantee and Grantor.
24.2 Grantee or its designees shall also have the right to inspect the Property at any
time, without prior notice, if Grantee has cause to believe the provisions of the
Conservation Easement have been or are being violated.
25. Extinguishment.
25.1 Donation of a Vested Interest. Grantor and Grantee acknowledge that the
granting of this Conservation Easement constitutes the donation to Grantee of a
fully vested interest in the Property.
25.2 Involuntary Extinguishment. If and when the restrictions contained in this
Conservation Easement are involuntarily extinguished by eminent domain,
taking, or otherwise, Grantor and Grantee agree that Grantor shall be entitled to
the entire proceeds.
25.3 Judicial Extinguishment. If this Conservation Easement is extinguished pursuant
to a judicial proceeding initiated by the Grantor, Grantor shall pay to Grantee an
amount equal to the fair market value of the Conservation Easement on the
date of judicial extinguishment, as determined by an independent appraisal, the
cost of which shall be divided equally between Grantor and Grantee.
26. Duration.
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26.1 This Easement shall be of perpetual duration, and no merger of title, estate or
interest shall be deemed effected by any previous, contemporaneous, or
subsequent deed, grant, or assignment of an interest or estate in the Property,
or any portion thereof, to Grantee, it being the express intent of the parties that
this Easement not be extinguished by, or merged into, any other interest or
estate in the Property now or hereafter held by Grantee.
26.2 Furthermore, the fact that any use of the Property that is expressly prohibited by
the terms of this Conservation Easement may become greatly more
economically valuable than uses permitted by the terms of the Conservation
Easement, or that neighboring properties may, in the future, be put entirely to
uses that are not permitted by this Conservation Easement, has been
considered by Grantor in granting this Conservation Easement and by Grantee
in accepting it. Grantor believes that any such changes in the use of
neighboring properties will increase the benefit to the public of the continuation
of this Conservation Easement, and Grantor and Grantee intend that any such
changes shall not be deemed to be circumstances justifying the termination or
extinguishment of this Conservation Easement. In addition, the inability of
Grantor, its successors and assigns, to conduct or implement any or all of the
uses permitted under the terms of this Conservation Easement, or the
unprofitability of doing so, shall not impair the validity of this Conservation
Easement or be considered grounds for its termination or ext~~shment.
IN WITNESS WHEREOF, the parties have executed this instrument this I.( day of March,
2010.
By:
rint Name: /: c/jAl(t) c;-: 13 ~G'L...rrZ
Print Title: .r:'~:s
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STATE OF NEW YORK )
) ss.:
COUNTY JJ DUTCHESS )
J~.P.the3 day~f.March in the year 2010, before me, the undersigned, personally appeared
~r~ (iff &t J ~('~ I-tf ., personally known to me or proved to me on the basis of
satisfactory evidence be the individual whose name is subscribed to the within irstrument
and acknowledged to me that he executed the same in his capacity as :]>fZ\:J)\ ~c::-rv\--
of Phantom Hollow Equities, Inc., a New York corporation, and that by his signature on the
instrument . ividual or person upon tmlf.al~lWHiOh <ttnBl~idual acted, executed this
ins ent. otary Public, State of New York
No.02C06144343
Q~al!f;ed in Ulster County
Commission Expires April 24, 2010
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
On the ~tf;y of March in the year 2010, before me, the undersigned, personally appeared
CHRISTOPHER COLSEY, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity as duly elected Supervisor of
the Town of Wappinger, a New York municipal corporation, and that by his signature on the
instrument, the individual or person upon behalf of which the individual acted, executed this
instrument. .. ______
~j1/ I~ fllBER1 P. ROBER1S
/ /~..::f1.. ~ ~p NOiflffil PUBLIC, State 01 New York
Notary Public Qualified in Dutchess County. L1
Commission Expires Feb. 28, 20 b-
STATE OF NEW YORK )
) ss.:
COUNTY OF DUTCHESS )
rK...,
On the L day of March in the year 2010, before me, the undersigned, personally appeared
PATRICK ADAMS, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity as a Member of Adams-
Wappinger LLC., a New York limited liability company, and that by his signature on the
instrument, the 'ndividual or person upon belaltA-mmtlj~ b~~dual acted, executed this
instru Notary Public, State of New York
No.02C06144343
Q~al!fied in Ulster County
o n Expires April 24, 2010
100303 Phantom w Wappinger CE Draft 10 Final.wpd
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SCHEDULE A
DESCRIPTION OF GRANTOR'S THREE PARCELS
(copies of deeds)
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SCHEDULE A
LeglilDescrlpuQJlofthe Land
BEGINNING at spoint onthellol1thcrl;y.&lde of~TPad
that runs between iil1ghson'lillelU\d}IopeweUJuncti9n II1ld
commonlY)cnoWtllldiopewcllRoad and said poi.t1~b~$
at tbe Northwest comer oflands now or fonnerlyofPoncrj
RUNNING TIiBNCEalong ,tho Westefly line of&aid '
PoI1cr, South 5 degree&30'OO" West 320,00 feet; :
THENCe !lli)llg theSout4e~ly1ine ofsaid Pott~r~ the
Sout/J.erlyliIleo.f1l11ldll.now'()rfCl~drofOum~~~J~
Sou~67 d,e~eeli,42'lO";&~t2~Ul fe~\ttoap?m~9n~~
Westerly 1in.eofCedar }Ill! RoaP; ,
TH~ICEa1ol1~ .1fl~W~~t!(t~y,1il:le Qf$,llid,ro
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d~gre(!SlgIOO~.~t336:39teti~totbQ.No#ht<tiYlii1e'ofa, ,
JltOpose4f4tureroa~i' . '
THEl'{<:$along .U,1.e Nonhedy line Ilf~d pr9Pos~future
roll4 and~aid line lieinga\So the Soutberlytine otsai~
Ha:rmn. North 15 degrees 52'30"Eui t09;24 feet.
'JA D~c#0220D41 O~28Pag~.4
8/14/2009 1:
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TIIENCE on a curve to the right having a nl,dius of237.50
feet and a length Northeasterly 267.57 feet;
'!HENCE :;till along the Northerly line of saidpmilQsed
future fol\d and the Southerly line ofilow orfotwetly
Duc\niok NorQ.I80 degrec!l25'30"~t S80;5c4feetand
North S2 dl,lgrces3j'20" Bas.t22,4S fClCtlothe$outhW~t
comer of Lot Nun1bcr S ~shown on a ceruUn'lnap entitled
"Ardmore sms, Secuon D";
THENCE crossingtbe end or Ada DriveSoutb 13 degrees
16'00" East 54.81 feet;
THENCE along l\1eS,outlJcrlY lWe of said Ma Dr.iye North
5Zdegrees 33 '20"Ea$tZ34;$Heet!ll1d No.rfu;34C!gr1~es
1:6'00" Wf;{It 7,50 f~cn9t\1.eSouthwest comer of Lot
NlIIUbcr 6 l!SShOWll onsa1d~Dp;
THENGENorth 774e~ecsJO_'OO"EastJ;98.00 fee~aloIlg
said 1.ottOtheSoulhWe~tcc:irn~OftoiNI!lxd?br7'AA;s~oWn
onsa!dmap; " . ,
THENCE,9,oUtIJ 70qegree,s,OrQO" glIB! lO~,;$ll~~!:!pf.l!e
Southwest comer ofLdLNuiri.~~ll,~s1l?iVh,on~i!lq:fuaPi
~~~~of~~~:~~;~~i~~~~#~r~4~~f~~I\~!~6~"
THENCE ljorth.5,tl
said LOtto the,~d';
!OO~~:East 144.i-p;fee~ali:)t)g'
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6h9.5~ fel3J:t9;d(1i~:$,B;l1,fhw~t;C8ihj;tOf't;;Ot ~ill@Btf4-'ilS" ,.
s owngn ~~L map; . , .
THENCESolltb..804egr,~~ .lr3(J"~I.~1 O.22Jcel~ong
said LOt to the SCllltllWe$lcq,rrl,pr iheti?o,~; .' . .
THENC;E still along saidLOCNurq,ber 14 ap~lIJollgJ;:.gt
numberlSasshownon~~d, !;ll\lP.l'lClrth 54~8tees~9.~PO'"
Eas~400;OO fcello the SOtllheastCCllnet oftotNuitlber16
lIS shown On said map; .. . .. . .
'JA Doc1l 02200410928 Pago.S
8/14/2009 1;
THENCB along lands retained by Louis Bck, South 82
degrees 00'00" Bast 500.00 feet and North 27 degrees
52'40" East-6S7.72 feet to the Southerly line of said
Hopewell Road;
THENCE along the line of said road South 63 degrees
24'30" Bast 300 ~t to the point ofBBGINNlNG. .
FJA Doc# 02200410928 Page 6
"
8114/20091:
SCHEDULE B
DESCRIPTION OF AREA OF EASEMENT
(legal metes-and-bounds description)
100303 Phantom w Wapplng., CE Draft 10 Final. wpd
14
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Bargtr and Mirier
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WappfH$ers Falls, NY 12590 ,
Rhone (845) 463-6555
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Wappirlgers'.F@~I)(Y ]2590 "
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ffilx# (815) 463~6922
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Phone (845) 463,..6555
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Fax#: l$.4$)46~~(j924 q.
Feb. 20 I 2010
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280 New Hac1;ensac1iRoiid ",
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SCHEDULE C
CONSERVATION EASEMENT MAP
(To be drawn at 1" = 200', reduced and attached to the easement)
100303 Phanlom w Wappinger CE Drafll0 Final.wpd
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Combined Real Estate
Transfer Tax Return,
Credit Line Mortgage Certificate, and
Certification of Exemption from the
Payment of Estimated Personal Income Tax
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See Form TP-584-I, Instructions for Form TP-584, before com letin
Schedule A -Information relating to conveyance
GrantorfTransferor Name (If Individual; last, lirsl, middle initial)
o Individual Phantom Hollow Equities, Inc.
K] Corporation Mailing address
O P t h' 8 Old North Plank Road
ar ners Ip
o EstatefTrust City State
o Other Newburgh NY
GranteefTransferee Name (If Individual: last, lirst, middle initial)
o Individual Town of Wappinger
o Corporation Mailing. address
o Partnership 20 Mlddlebush Road
o EstatelTrust City State
IiCI Other Wappingers Falls NY
Location and description of property conveyed
Social security number
Social security number
ZIP code
12550
Social security number
ZIP code
12590
Federal employer ident. number
/ - Wt)():Z y~~
Tax map designation Address City/village Town County
Section Block Lot
See attached Rider Wappinger Dutchess
See Attach Rider
ed
Type of property conveyed (check applicable box)
1 0 One- to three-family house 5 0 Commercial/Industrial
2 0 Residential cooperative 6 0 Apartment building
3 0 Residential condominium 7 0 Office building
4 0 Vacant land 8 ~ Other Easement
Date of conveyance
I 03 2010 I
Percentage of real property
conveyed which is residential
real property 100.00 %
(see instructions)
month
day
year
For recording officer's use Amount received Date received Transaction number
Schedule B.. Part I $
Schedule B., Part II $
Condition of conveyance (check all that apply)
a. 0 Conveyance of fee interest
b. 0 Acquisition of a controlling interest (state
percentage acquired %)
c. 0 Transfer of a controlling interest (state
percentage transferred %)
d. 0 Conveyance to cooperative housing
corporation
e. 0 Conveyance pursuant to or in lieu of
foreclosure or enforcement of security
interest (attach Form TP-584,1, Schedule E)
I. 0 Option assignment or surrender
f.O Conveyance which consists of a
mere change of identify or form of
ownership or organization (attach
Form TP-584.1, Schedule F)
m.D Leasehold assignment or surrender
g. 0 Conveyance for which credit for tax
previously paid will be claimed (attach
Form TP-584. 1, Schedule G)
h.O Conveyance of cooperative apartment(s)
n.O Leasehold grant
o. IKI Conveyance of an easement
i. 0 Syndication
p.O Conveyance for which exemption
from transfer tax claimed (complete
Schedule B, Part lII)
q.O Conveyance of property partly within
and partly outside the state
r 0 Other (describe)
j.O Conveyance of air rights or
development rights
k 0 Contract assignment
Schedule B - Real estate transfer tax return (Tax Law, Article 31)
Part I - Computation of tax due
1 Enter amount of consideration for the conveyance (if you are claiming a total exemption from tax, check the
exemption claimed box, enter consideration and proceed to Part III) .............................. D Exemption claimed
2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) .........................................
3 Taxable consideration (subtract line 2 from line 1) ...................................................................................................
4 Tax: $2 for each $500, or fractional part thereof, of consideration on line 3.........................................................
5 Amount of credit claimed (see instructions and attach Form TP-584.1, Schedule 0) ...................................................
6 Total tax due' (subtract line 5 from line 4) ................................................................................................................
I 1. 0.00
2. 0.00
3. 0.00
4. 0.00
5. 0.00
6. 0.00
Part II _ Computation of additional tax due on the conveyance of residential real property for $1 million or more
1 Eo!s, amow" of coo,ids,"tloo fo, ,0_eo09 (from p,,, I, 'oe fl ........................................................................ ~
2 Taxable consideration (multiply line 1 by the percentage of the premises which is residential real property. as shown in Schedule A) ... 2.
3 Total additional transfer tax due" (multiply line 2 by 1% (.01)) .................................................................................. 3.
Part III - Explanation of exemption claimed on Part I, 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).............................................................................................................................................. a ~
b. Conveyance is to secure a debt or other obligation ............................................................................................................................ b 0
c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance ............................... c 0
d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying
realty as bona fide gifts......................................... ...... ................................................... ......................... ......... .... ......... ... ................... d 0
e. Conveyance is given in connection with a tax sale............................................................................................................................. e 0
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.) Attach Form TP-584.1, Schedule F .................................................................... 0
g. Conveyance consists of deed of partition .............................................................................................. ............................................. g 0
h. Conveyance is given pursuant to the federal Bankruptcy Act............................................................................................................. h 0
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................................................. 0
j. 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 the grantor's personal residence
and consists of a one-, two-, or three-family house, an individual residential 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 apartment...... ........ .......... .............. ..... ...................... ............................. ....... ..................... ............. 0
k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401 (e) (attach documents
supporting such claim) ........................................................................................................................................................................... k 0
I. Other (attach explanation) ..................................................................................................................................................................... 0
"Please make check(s) payable to the county clerk where the recording is to take place. If the recording is to take place in New York
City, make check(s) payable to the NYC Department of Finance. If a recording is not required, send this return and your check(s) made
payable to the NYS Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing, PO Box 5045,
Albany NY 12205-5045.
Schedule C _ Credit Line Mortgage Certificate (Tax Law, Article 11)
Complete the following only if the interest being transferred is a fee slmpie Interest.
I (we) certify that: (check the appropriate box)
1. 0 The real property being sold or transferred is not subject to an outstanding credit line mortgage.
2. 0 The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax
is claimed for the following reason:
o 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 before the transfer.
o 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 50% or more of the beneficial interest in such real
property after the transfer is held by the transferor or such related person or persons (as in the case of a transfer to a trustee for
the benefit of a minor or the transfer to a trust for the benefit of the transferor).
o The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee, or other officer of a court.
o The maximum principal amount secured by the credit line mortgage is $3,000,000 or more, and the real property being sold
or transferred is not principally improved nor will it be improved by a one- to six-family owner-occupied residence or dwelling.
Please note: for purposes of determining whether the maximum principal amount secured is $3,000,000 or more as described
above, the amounts secured by two or more credit line mortgages may be aggregated under certain circumstances. See
TSB-M-96(6)-R for more information regarding,these aggregation requirements.
o Other (attach detailed explanation).
3. 0 The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the
following reason:
o A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed.
o 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.
4. 0 The real property being transferred is subject to an outstanding credit line mortgage recorded in
(insert Iiber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligation secured
by 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 or, if the recording is to take place in
New York City, make check payable to the NYC Department of Finance.)
Signature (both the grantor(s) and grantee(s) must sign)
The undersigned certify that the above information contained in schedules A, B, and C. including any return, certification, schedule, or
attachment, is to the best of his/her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to receive
V. a 2""'000' of ,"00,d'09 tha dead 0' othor 'ostrume'" affecti09 tha c v aoce.
7J~a1r7 ~.;S_ n' AI $bl/.'fO:/SdlL
Title
Reminder: Did you complete all of the required information in Schedules A, B, and C? Are you required to complete Schedule D? If you
checked e, f, or g in Schedule A, did you complete Form TP-584.1? Have you attached your check(s) made payable to the county clerk
where recording will take place or, if the recording is in New York City, to the NYC Department of Finance? If no recording is required, send
your check(s), made payable to the Department of Taxation and Finance, directly to the NYS Tax Department, RETT Return Processing,
PO Box 5045, Albany NY 12205-5045.
Grantor signature
Title
Grantee signature
Schedule 0 . Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663)
Complete the following only If a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust.
Part I - New York State residents
If you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must
sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New York State, each
resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many
schedules as necessary to accommodate all resident transferors/sellers.
Certification of resident transferor(s)/seller(s)
This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a
resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or
transfer this real R erty or cooperative unit.
~
Oale
March ~, 2010
Dale
Signature
Print full name
Dale
Signalure
Print full name
Dale
Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(0), but not as a condition of recording
a deed.
Part II - Nonresidents of New York State
If you are a nonresident of New York State listed as a transferor/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but
are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, section 663(c), check
the box of the appropriate exemption below. If anyone of the exemptions below applies to the transferor(s)/seller(s), that transferor(s)/seller(s)
is not required to pay estimated personal income tax to New York State under Tax Law, section 663. Each nonresident transferor/seller who
qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule 0 and
submit as many schedules as necessary to accommodate all nonresident transferors/sellers.
If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Estimated Income Tax Payment
Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated
personal income tax, on page 1 of Form TP-584-I.
Exemption for nonresident transferor(s)/seller(s)
This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real
property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law,
section 663 due to one of the following exemptions:
o The real property or cooperative unit being sold or transferred qualifies in total as the transferor's/seller's principal residence
(within the meaning of Internal Revenue Code, section 121) from to (see instructions).
Dale Dale
o The transferorlseller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with
no additional consideration.
o The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the state of
New York, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National
Mortgage Association, or a private mortgage insurance company.
Signature Print full name Date
Signature Print full name Dale
Signature Print full name Date
Signature Print lull name Date
, .
Rider to Form TP-584
Conservation Easement
Phantom Hollow Equities. Inc., Grantor
to
Town of Wappinger, Grantee
Item: Tax Map Designation and
Property Address
Portion of 135689-6257-03-267342-0000
Portion of 135689-6257-03-206277-0000
Portion of 135689-6257-03-071167-0000
Cedar Hill Road
Eck Road
Eck Road