2005-04-20
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
Loms J. VIGLOTTI
JOAN F. GARRETT**
THOMAS R. DAVIS
EMANUEL F. SARIS
VERGILIS, STENGER, ROBERTS & PARTNERS, LLP
ATfORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
LEGAL ASSISTANT:
AMY E. DECARLO
e-mail: VSRP@BestWeb.net
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
* ADMIlTED TO PRACTICE
IN NY & FLA.
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NEWBURGH OFFICE
299 N. PLANK ROAD
SUITE 106, RM. 4
NEWBURGH, NY 12550
(845) 567-3783
KAREN P. Mac NISH
KEVIN T. McDERMOTT
JAY B. RENFRO
RAYMOND D. SPROWLS
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
**ADMIlTED TO PRACTICE
IN NY & CONN.
April 20, 2005
00
Ms. Barbara Roberti, Secretary to the Planning Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
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TOVVN OF V'i"h-'L"."i.H
Re: Blackwatch Farm Subdivision
App Nos. 03-5013 and 03-5023
Acceptance of Roads, Easements, Utilities and Other Improvements together with
Performance Agreement Secured by Cash Deposit
File No, 12949.0216
Dear Barbara:
Enclosed herewith please find the following original documents for the proposed
improvements to the Blackwatch Farm Subdivision:
/
;.. Irrevocable Offer of Cession and Dedication for Utility Easement Nos. 4,
5, 6, 7 and 9 together with its respective TP-584
_. Irrevocable Offer of Cession and Dedication for the Snow and Utility
Easement No.1 0 together with its respective TP-584
. Irrevocable Offer of Cession and Dedication for the Snow Easement No.
11 together with its respective TP-584
'-, Irrevocable Offer of Cession and Dedication for the FD Access Easement
No.8 together with its respective TP-584
~. Irrevocable Offer of Cession and Dedication for the 30' Buffer Easement
No. 1 and 40' Buffer Easement No.2 together with its respective TP-584
". Irrevocable Offer of Cession and Dedication and the Deed to Viola Court
and Gerhart Court together with its respective TP-584 and RP-5217
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v( Irrevocable Offer of Cession and Dedication and the Deed conveying
44.08 acres for recreation purposes to the Town of Wappinger together
with its respective TP-584 and RP-5217
",. (it j Declaration of Covenants and Restrictions with Wetland Protection
together with its respective TP-584
. Title Policy
I find the documents above-referenced as prepared to be acceptable as to form.
Similarly, I have examined the Performance Agreement Secured by Cash Deposit (a copy
of which is annexed hereto) executed by Robert V. Oswald, Jr. on April 12, 2005 and
secured by cash deposit in the sum of$705,685. The Performance Agreement is to
guarantee the performance of the construction, installation and dedication of the required
public improvements and obligations, and I find the same acceptable as to form. The
cash deposit was made by the following checks which I have been informed have been
delivered to the Comptroller:
. Bank of America Check in the amount of $223,000,
. M&T Bank Check in the amount of$80,447.50,
. M&T Bank Check in the amount of$80,447.50,
. M&T Bank Check in the amount of$241,342.50, and
. Bank Check in the amount of $80,447.50.
The Resolution authorizing acceptance of the Performance Agreement Secured by a Cash
Deposit is on the Town Board Agenda for April 25, 2005. Once the Resolution is
adopted the Chairman of the Planning Board may sign the Subdivision Plat.
} The Irrevocable Offers of Cession of Dedication together with the Declaration of
Covenant and Restrictions only are to be recorded simultaneously with the filing of the
Subdivision Map.
The remaining documents ( deeds, easements) are to be forwarded to and held by the
Town Clerk for safe-keeping in the Town safe pending acceptance by the Town Board.
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The filing receipts for the Irrevocable Offers and Declarations of Covenants and
Restrictions are to be returned back to you. Once received, please provide this office
with a copy of same for our files.
Very truly yours,
VERGILIS, STEN , ROBERTS & PARTNERS, LLP
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cc:
Hon. Joseph Ruggiero, Supervisor
Hon. Gloria Morse, Town Clerk
Town Board File
Hon. Graham Foster, Highway Superintendent
Philip DiNonno, Chairman of the Planning Board
Lawrence Bice, AICP
Joseph E. Paggi, Jr., P.E.
Tatiana Lukianoff, Zoning Administer
George Kolb, Building Inspector
0:\ W app inger\Plann i ngBoard\B lackwatch \042005-B R.doc
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