2004-04-05
NOl)-21-2005 10:42 From:T&C R. T . CANTOR
8454732595
To:845 298 2842
P,Y8
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RECEIVED
AUC 1 4 2008
DUTCHESS COUNTY CLERK RECORDING PAGE
TOW~,' CLERK
RECORD & RETURN TO:
RECORDED; 04/13/2004
AT; 14:14;16
DOCUMENT #: 02 2004 4319
TEAHAN & CONSTANTINO
2780 SOUTH RD
PO BOX 1969
POUGHKEEPSIE NY 12G01.
RECEIVED FROM:
FEJ.,DMAN JACOBSON ABSTRACT
GRANTOR: WAPPINGER TOWN
GRANTEE: ATLANTIC MORTGAGE BANKERS LTD
RECORDEO IN: DEED
INSTRUMENT TYPE: E AS (.
TAX
Dr.STRICT: WAPPINGER
EXAMINED AND CHARGED AS FOLtOWS:
RECORDING CHARGE:
TRANSFER TAX AMOUNT:
TRANSFER TAX NUMBER:~I?~
E & A FORM: N
50.00
NUMBER OF PAGES:
6
'1'1'-584: N
*** DO NOT DETACH THIS
*",- PAGE
*** THIS IS NOT A BILL
COUNTY CLERK BY: DAB / ~
RECEIPT NO! R35293
BATCH RECORD: B00348
II ~ 1~1I]1111111111 jlllIIJ lIllIl
~>1;.~
COLETTE M. LAFUENTS
Count.y Cle:r:k.
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AGREEMENT LIMITING AND REGULATING USE
THIS AGREEMENT dated the day and year hereinafter set fo~th by
and between TOWN OP WAPPINGER, Dutchess County, New York, with
offices at Town of wappinger, 20 Middlebush Road, P.O. Box 324
Wappingers Falls, NY 12590 (Town) and ATLANTIC MORTGAGB BANKERS,
LTD., a domestic corporation, with offices c/o Frederic M. Cantor,
Century 21 Country Bumpkin, Route 9, P.O. Box 0, Fishkill, New
York 12524 (Owner).
WHEREAS, Owner owns a certain parcel of real property on the
easterly side of U.S. Route 9 with tax grid no. 19-6156-02-73-7984
(the property); and
WHEREAS, the property is currently located in an R2F zoning
district on the Zoning Map of the Town of wappinger; and
WHEREAS, Owner has requested that Town amend the zoning Map so
as to place the property in an as zone; and
WHEREAS, Owner haa offered to limit the usee allowed on the
property under HB zoning as hereinafter set forth and to regulate
water use and waste water disposal on the property as hereinafter
set forth; and
WHEREAS, TOwn finds and determines that the limitations and
regulations as hereinafter set forth are appropr:l.ate for the
property and further finds and determines that the property, with
such limitations and regulations is appropriate for HB zoning.
NOW, THEREFORE, Town and Owner, on consideration of their
mutual agreements agree as follows:
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1. Upon rezoning of the property from R2F to HB, the
property shall be used only for the use listed as "professional,
banking, business. governmental or other officesll in the HB zone
pursuant to the ~own of Wappinger zoning Code.
2. upon rezoning of the property from R2F to HB, the
property may not be improved by a principal building containing
more chan a three thousand (3,000) square footprint anQ a total of
six thousand (6,000) square teet in a cwo-story scructure.
:3. Upon rezoning of the property from R2F to HB, and at such
time as a public water supply provided by the Town of wappinger
and/or a Town Water Improvement is placed in the publiC: right-of-
way adjoining the property and is physically available for
connection to the property, and has an adequate supply of water to
serve the property, the owner of the property shall, with all
reasonable expedition, cause the property to be connected to suoh
water supply.
4. At such time as a public waste water disposal line
(sanitary sewer line) provided by the Town of wappinger ~nd/o~ a
Town Sewer Improvement is placed 1n the public right-of-way
saj oining the propeX'ty and is available for connection to the
property, and is physically available for connection to the
property, and has adequate capacity to receive the waste water
produced on the property, che owner of the property shall, with all
reasonable e~pedition, cause the property to be connected to such
waste water disposal line. upon such connection, the owner of the
property shall discontinue use of the waste water treatment
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facility located on the property and shall utilize only the
connection with the Town or Town Sewer Improvement waste water
d~.posal line (sanitary sewer line) for disposal of waste water.
5. Owner acknowledges that in order for the Town to provide
public water or puclic sewer services to the subject property, the
Town must undertake a public improvement, either by the formation
of Sewer and Water Districts (Article XII or Article XII-A of Town
Law) or Sewer and Water Improvements Areas (Art1cle XII.C of Town
Law) and, accordingly, owner, for itself, its successors a.nd
assigns hereby affirmatively agrees not to object or oppose in any
manner the formation of any such Sewer and Water District in any
manner the formation of such Sewer and Water District and/or Water
and Sewer Improvement Area which would inelude the subject
premises.
6. This Agreement is intended to be a Permanent Agreement
which shall inure to the benefit of and De binding upon the parties
hereto, their respective successors and assigns, and, all terms,
covenants and agreements herein containeo shall run with the lands
affected hereby and shall be perpetual in duration.
7 _ Owner shall execute the Declaration of covenants and
Restrictions for recording which Declaration shall be in a form
acceptable to the Town Attorney for the Town of wappinger and which
Declaration shall inoorporate the substance of this agreement.
B. No building permit or other permit authorizing
construction at this site will be issued until such time as the
above-referenced Declaration of Covenants and Restrictions is
recoraed in the Office of the Dutchess County Clerk and proof
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thereof has been provided to the Zoning ~dministraCor of the Town
of Wappinger.
9. Tho premises which are the subject of this agreement are
located in the Town of Wappinger, Dutchess County, New York and are
desc.r::ibed in a certain deed dated January 2, 1993 from William
Gross to Atlantic Mortgage Bankers, Ltd., heretofore re~orded in
tibet 1926 of Deeds at l?agc 136 in the Office of the Dutchess
County Clerk as follows:
ALL that ccrtain plot, piece or parcel of land situate lying
and being in the TOWN OF WAPPINGER, County of Dutchess and State of
New York, more fully described as follows:
BEGINNING at a poj.nt marked by an iron pin set on the easterly
side of the Now ~ork State Highway commonly known as Route 9 and at
the southwest corner of Marcoj ohn and runn~ng thence along the
southerly line of said Ma~cojohn North a8 degrees 41 minutes 00
seconds East 251.03 teet to a point marked by an iron pipe set at
the south east cornet' of said Marcojohni thence along lands of
Werner Henzler, the grantor herein, South 14 degrees 59 minutes 40
seconds East 151.00 feet to a point ma(ked by an iron pin and South
88 degree8 51 minutes 00 seconds West 251.03 feet to a point on the
easterly side of said roadi thence along the easterly side of said
road North 14 degrees S9 minutes 00 second8 West 151.00 feet to the
point of beginning.
TOWN OF WAPPINGER
Dated:~, 200'
BY:
JOSEP
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Dated; Iri1:.iL ,zr{ , 2003
A~LANTrC/MORTGAG8 BANKERS, LTD.
. i~ I
· J ,I (
BY: ../-- ~.~ .
FREDERIC~ M. CANTOR, PRESIDENT
STATE Of NEW YORK 55.:
COUNTY OF DUTCHESS )
~/ F()vZ
On this -5:... day 0 ,;;;...t.: , 'I'wo Thousand ~e, be tore
me, the undersigned, a otary I?ublie in and for said State,
per~onally appeared JOSEPH RUGGIERO, porsonally known to me or
proved to mo on the basis of satisfactory evidence to be the
individ.ual (5) whose name (5) is (are) subscribed to the within
instrument and acknowledged to me that he/ahe/they executed the
same in his/her/their capacity(ies), and that his/her/their
si9nature(5) on the inetrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed this
instrument.~~
~~~
, No ry Pub ic
STATE OF NEW YORK )5S.:
COu~TY OF DUTCHESS )
On this ";~~- day ot 4/iH/'/ , Two T.housand Three, before
me, the undersigned, a Notary Public:: in and for said State,
personally appeared FREOERIC~ M. CANTOR" personally known to me or
proved to me on the basis of satisfaetory evidence to be the
individual (s) whose name (s) is (are) subscribed to the within
instrument and acknowledqed to me that he/she/they executed the
same in his/her/their capacity(ies), and that his/her/their
siqnature(s) on the instrument, the individual(s), or the person
upon behalf of which the iodividual(s) acted, executed this
instrument. //.,'/ ". --r"'
Ute. I I:' < ". /... I {,
Notarl P'u'blic
CARl R. yAi,001NO
WJrAIW flUBLlC. Stall of fW '"
. OlVA6Q12262
GuI'!f/eIllll 0ub:Ilts1 _
CammllllGn bpi", 8-No J~c';'
RECORD AND RETURN TO:~'~ ~V'
TEAHAN , CONSTANTINO
2790 south Road~ P.O. Sox 1969
poughkeepsie, New York 12601