#10
SNOW, DRAINAGE, AND UTILITY EASEMENT #10 _
THIS SNOW, DRAINAGE, AND UTILITY EASEMENT, made the~ ~
of March, 2005, between ROBERT V. OSWALD, JR., with offices located at 1559
Route 82, Ste. B, Hopewell Junction, New York 12533, as GRANTOR, and THE
TOWN OF WAPPINGER, a municipal corporation with offices at the Town of
Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York, 12590, as
GRANTEE,
WITNESSETH, that the Grantor, in consideration of One Dollar ($1.00), lawful
money of the United States paid by the grantee, does hereby grant and release unto
the Grantee, its successors and assigns forever, a Permanent Easement over all that
property located in the Town of Wappinger, County of Dutchess and State of New
York, as shown on a subdivision map entitled J/Blackwatch Farm", which subdivision
map was prepared by Oswald & Gillespie, P.C., dated June 2, 1999, and was
subsequently revised from time to time, which map received final approval subject to
conditions by the Town of Wappinger Planning Board on May 3, 2004, and is intended
to be filed in the Dutchess County Clerk's Office simultaneously with the recording of
this instrument, as Filed Map No.
(Grantor consents that the filed
map number assigned to this map be inserted herein at the time of recording), which
parcels are more particularly described in Schedule" A" attached hereto and made a
part hereof.
This Snow, Drainage, and Utility Easement is for the purposes of discharging
storm water, including the right to construct, maintain, and repair drainage
improvements therein, including the installation and maintenance of drainage pipes,
1
and drainage swales, and drainage ponds, together with the right to conduct grading,
slope stabilization, and erosion control measures, and a right of access to and through
said drainage easement(s) at all times for the purpose of maintaining and repairing
same.
This Snow, Drainage, and Utility Easement is further for the purposes of
allowing onto the easement area (or the drainage discharge points shown on the
subdivision map) the perpetual right to discharge storm water runoff from the highway
and from the surrounding area onto and over the affected premises by means of
natural sheet flow, pipes, culverts, or ditches, or a combination thereof into the pond
within the permanent easement area, together with the right of the holder of the fee
title of the highway, or its authorized representatives, to enter said premises for the
paid purpose of making such installations and doing such maintenance work as said
holder of fee title may deem necessary to adequately drain the highway and
surrounding area.
This Snow, Drainage, and Utility Easement is further for the purposes of
allowing the Grantee the ability to construct, operate, maintain, repair, replace, and
inspect any pipes, conduits, electric, telephone, and cable television lines, and similar
equipment and related appurtenances for the transportation and disposal of surface,
storm or ground water, sewage and/or potable water and/or the installation of electric,
telephone, cable television lines, and similar devices and related appurtenances through
the Permanent Easement Area, together with the right of access by vehicle or on foot
for maintenance purposes, and the right to clear, excavate, fill, grade, or cultivate the
Permanent Easement Area and/or otherwise improve the same for the purposes herein
2
set forth.
This Snow, Drainage, and Utility Easement is further for the purposes for
allowing the Town of Wappinger, in the course of its snowplowing of roadways in this
subdivision to deposit snow in the easement area, including the right of access as
necessary in order to clear the area of any structures or substantial trees or shrubs
which would interfere with the ability to deposit snow in the area.
It is understood that the GRANTOR will be constructing improvements within
the Permanent Easement Area. Until such time as the aforementioned improvements
are accepted by the GRANTEE, the GRANTOR is fully responsible for proper installation
and for all maintenance and repairs and the proper functioning of the improvements
within the Permanent Easement Area and GRANTOR will indemnify and hold the
GRANTEE harmless for any claims, losses, damages, or suits arising out of the
operation of the improvements and the use of the Permanent Easement Area prior to
acceptance by the GRANTEE.
The GRANTOR, its heirs, successors and assigns, are hereby prohibited from
blocking or obstructing the Easement Area above or below grade or planting trees or
substantial shrubs within the Easement Area or constructing and/or maintaining any
type of permanent or temporary structure including, but not limited to, underground
pipes and conduits in, on, under, or over the Permanent Easement Area without
written permission of the GRANTEE.
Subject to the foregoing, the GRANTOR(S), for themselves, their heirs,
successors and assigns, reserves the right to fully use and enjoy the premises herein
described subject to the terms of this easement herein granted to the GRANTEE.
3
The terms, covenants and agreements herein contained shall inure to the benefit
of, and be binding upon the parties hereto, and their respective heirs, distributees, legal
representatives and all covenants herein shall run with the land affected hereby and
shall be perpetual in duration.
TO HAVE AND TO HOLD the said easements unto the grantee, its successors
and assigns forever.
IN WITNESS WHEREOF, the GRANTOR(S) has(ve) executed this instrument as
of the date first set forth above.
If more than one person joins in the execution of this easement relative words
herein shall read as if written in the plural number, and the covenants and agreements
hereof shall be their joint and several obligations.
/:
ROBERT V. OSWALD, JR.
STATE OF NEW YORK )
)ss. :
COUNTY OF DUT~S )
On the 22> day of March, 2005, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT V . OSWALD, JR., 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, and that by his signature on the instrument, he individual,
or the person upon behalf of which the individual te ec te instrument.
JOEL D. I G
NOTARY PUBLIC, ate of New ~ork
Qualified in Dutchess Co., No. 02HA451 ",362/,,--_
Commission Expires November 30, 200 _~
4
RECORD AND RETURN TO:
ALBERT P. ROBERTS, ESQ.
VERGILlS, STENGER, ROBERTS, PERGAMENT &
VIGLOTTI
Town Attorney for Town of Wappinger
1136 Route 9
Wappingers Falls, NY 12590
5
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i GlfIl.USPfe: March 10, 2004
Snow & Utility # 1 0
Blackwatch Fann
Robert V. Oswald, LS Filed map no.
Michael E. Gillespie, PE
.
1559SuiteB
Route 82
Hopewell Jet., NY 12533
(845) 227-6227
Fax 226-] 315
Description of a certain parcel of land situated in the Town
of Wappinger, County of Dutchess and the State of New York.
Beginning at a point along the westerly line of Viola Court
and said point being the northeasterly line of Lot no. 7, as shown
on a certain map entitled Blackwatch Farm and filed in the
Dutchess County Clerks Office as filed map no. , thence
in a southerly direction along the westerly line of Viola Court on a
curve to the left with a radius of 52.50 feet and a length of 63.73
feet to a point, thence in a westerly, northerly and easterly
direction over and through Lot no. 7 and Lot no. 8 the following
courses and distances, SOUTH 3Z,..01-24 WEST 30.00 feet to a
point, thence on a curve to the right with a radius of 82.50 feet and
a length of 62.22 feet to a point, thence SOUTH 75-13-54 WEST
65.00 feet to a point, thence SOUTH 46-07-07 WEST 132.28 feet
to a point, thence NORTH 43-52-53 WEST 30.00 feet to a point,
thence NORTH 46-07-07 EAST 122.92 feet to a point, thence
NORTH 04-56-53 WEST 173.83 feet to a point, thence SOUTH
50-51-23 EAST 186.25 feet to a point along the westerly line of
Viola Court, thence in a southerly direction along the westerly line
of Viola Court on a curve to the left with a radius of 52.50 feet and
a length of 25.26 feet to the point of beginning. Containing 0.47
acres of land more or less.
Subject to the rights of public utilities of record.
.sCHEDULE "A"
. TP-584 (10/03)
4
Recording office time stamp
New York Slate Department of Taxation and Finance
Combined Real Estate
Transfer Tax Return,
Credit Line Mortgage Certificate, and
Certification of Exemption fromth~
Payment of Estimated Personal Income Tax
See instructions (TP-584-I) before completing this form. Please print or type.
Schedule A - Information relating to conveyance
GrantorfTransferor
G]lndividual
o Corporation
o Partnership
o Estateffrusl
o Other
GranteefTransferee
o Individual
o Corporation
o Partnership
o EstatefTrust
lXl Other
Name (if individual; last, first, middle initial)
Robert V. Oswald
Mailing address
1559 Route 82, Ste. B
City
Ho ewell Junction
Name (if individual: last, first, middle initial)
Town of Wa in er
Mailing address
20 Middlebush Road
City
Wa in ers Falls
Location and {jescription of property conveyed.
Slate
ZIP code
12533
Federal employer ident. number
NY
Social security number
Social security number
State
NY
Federal employer idel)t.,numbeo..
-b o-t' -L.. 4
Tax map de~ignation Addre.ss City/village . Town County
Section Block Lot
6359 04 73003C Robinson Lane Wappingers Wappinger Dutchess
Falls
Type of property conveyed (ch.eck 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
40 Vacant land B ~ Other Snow, Drainage ,&,n'UtildJ.'ty
Percentage of real property
conveyed which is residential
real property %
E'cfsement (see instructions)
Date of conveyance
I
For recording officer's use Amount received Date received Transaction number
Schedule B., Part] S
Schedule B., ParllI S
Condition of conveyance (check all that apply)
a. 0 Conveyance of fee interest
. b.O Acquisition of a controlling interest (state.
percentage acquired"!o)
c. 0 Transfer of a controlling interest (state
percentage transferred "!o)
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 (atiach.
. Form Tp.5S4, 1, Schedule F)
- ..
m.O Leasehold .assignment or surrender
n.D Leaseholdgr~n;
g. 0 Conveyance for which credit for tax
previously paid will be claimed (attach
Form TP.S84.1, Schedule G)
h. 0 Conveyance of cooperative apartment(s)
o. IiJ Conveyance of an easement
p. D Conveyance for which exemption
from transfer tax claimed (complete
Schedule 8, Part m)
q.O Conveyance of property partly within
and partly outside the state
r. 0 Other (describe)
i. 0 Syndication
j. 0 Conveyance of air rights or
development rights
k.O Contract assignment
. Page 2 of 4 TP-584 (10/03)
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 1II) ............................ 0 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 (seein,structions andatiach Form TP-584.1, Schedule G) .......................,........................
6 Toial tax due' (subtract line 5 'troin line 4) .............................................................................................................
o
1.
2.
3.
4.
5.
6.
Part II - Computation of additional tax due on the conveyance of residential real property for $1 million or more
1 Enter amount of consideration for conveyance (from Part I, line 1) .....................................................................
2 Taxable consideration (multiply line 1 by the percentage ofthe premises which is residential real property, as shown in Schedule A) .....
3 Total additional transfer tax due* (multiply line 2 by 1% (.01)) ..............................................................................
~
Part III - Explanation of exemption claimed on Part !, 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
c. Conveyance is without additional consideration to confirm, correct, modify, or supplement a prior conveyance' ............................. c
d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying
realty as bona fide gifts ....... .................... ............ .................. ....... ............................................ ............. ............... ..... ....... ........ ..... ..... d
e. Conveyanceis.given in .connection with ataxsaJe ;....~..........:..............;....::.......................;.....:.......:.........;......_.......:.,.::~.;;............... e
.. . .
f. Conveyance is a mere change of identity or form of ownership or organization ~heie 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...................................................................
g. Conveyance consists of deed of partition .......................................................................................................................................... g
h. Conveyance is given pursuant to the federal Bankruptcy Act ............................................................................................................ h
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 ...............................................
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 conriectionwith the grant ortransferof a proprietary leasehold covering an individual residential
cooperatJve. apartment .................. ....~,.. ..",........:.....,............. ,:......... ..:;:......... .,.,....... ................................. .,............. .......:..;......... .'. ............ . j
k. Conveyance is not a conveyance within the meaning of Tax Law, Article 31, section 1401 (e) (attach documents
supporting such claim) ........ .................................... ........ ............. ......... ......... ............... ........ ....... .............. ........ ........ ............. .............. k
I. . Other (attach explanation) ................... ................... ................ ..............................................................................................................
'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, RED Return Processing, PO Box 5045,
Albany NY 12205.5045.
o
o
o
o
o
o
o
o
o
o
o
o
Page 3 of 4 TP-584 (10/03)
Schedule C - Credit Line Mortgage Certificate (Tax Law, Article 11)
Complete the following only if the interest being transferred is a fee simple interest.
I (we) certify that (check the appropriate box)
The real property being sold or transferred is not subject to an outstanding credit line mortgage.
1.0
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. i~ atransfer of a fee ,simple interest to a pers~n'or persons who held a iee simple interest in ihe
real property (whether as a JOint tenant, a tenant In common or otherwise) Immediately before the transfer. .
o The transfer of real p~o~erty is. (A) to a person or persons re.lated by blood, marriage or adoption to the original obligor or to
one or more of the onglnal 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 circomstances.
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 Bne rn.o~gage is bein.g oHered 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 thegrantor(s) and grantee(s) must sign)
. .
The undersigned certify that the above information contained in schedules A, S, and C, including any r~turn, certification, schedule, or
attach , is to the best of his/her knowledge, true and complete.
FE
ROBERT V. 'C'S'WAt~a,\ur::rR.
TOWN OF WAPPINGER
Title
BY:
Granlee signature
Tilie
Tilie
Reminder: Did you complete all of the required information in Schedules A, S, and C? Are you required to complete Schedule D? If you
checked e, f, or 9 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.
Granlor signature
Title
Grantee signature
, Page 4 of 4 TP-584 (10/03)
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 is being tral;lsferred 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 transferars/sellers of the property 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 0 and submit as many schedules as necessary to
accommodate iill 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, 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 of this property.
Signature
Printl
{/ ()5lA..~(~~_
Dale
Dale
Signature
Print full name
Date
Signature
Print full name
Date
Note: A resident of New York State may still be required to pay estimated tax under Tax Law, section 6~5(c), 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 transferar/seller in Schedule A of Form TP-584 (or an attachment to Form TP-584) but
are not required to pay estimated tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the
appropriate exemption below. If anyone 6f the 'exemptions beloW applies to the transferor(s)/seller(s), that,transferor(s)/seller(s) is not
required to pay estimated persoriai income tax to New YorK State underTcp< Law, sec;tion 663. Eal:;h nonre,sident transferor/seller who
qualifies under oneaf the exemptions below 'must sign in the space provided. If rilore space is needed, please photOcopy this Schedule D '
and submit as many schedules as necessary to accommodate all nonresident transferars/sellers.
If none of these exemption statements apply, you must use Form IT-2663, Nonresident Real Property Estimated Income Tax Payment Form,
and pay the full amount of estimated tax, if any, to the recording officer at the time the deed is presented for recording.
Exemption for nonresident transferor(s)/seller(s)
This Is to certify that at the time of the sale or transfer of the real property, the transferor(s)/seller(s) (grantor) of this property was a
nonresident of New York State, but is not required to pay estimated tax under Tax Law, section 663 due to one of the following exemptions:
o The property 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).
Date Date
o The transferor/seller isa mortgagor conveying the mortgaged property toa mortgagee in foreclosure, or in lieu of foreclosure with
no additional Consideration.' , ,
. . - . '. ..". . .' . .'. .
. "'.
o The transferor or transferee is an agency or ~uthority of the U~ited States 'of America, an 'agency or authoriiy'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.
Signalure Print full name Date
Signature Print full name Date
Signature Print full name Date
Signature Print full name Date