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EASEMENT FOR FIREMA TIC PURPOSES #8
This easement for firematic purposes, made the day of March, 2005,
between ROBERT V. OSWALD, JR., with offices located at 1559 Route 82, Ste. B,
Hopewell Junction, New York 12533, as GRANTOR{s}, and the 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{s}, in consideration of One Dollar {$1 .OO}, 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 for Firematic
purposes 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 IJBlackwatch 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 parcel is more particularly described in Schedule" A" attached hereto and made
a part hereof.
This easement is granted to the Town of Wappinger for the purpose of vehicular
and pedestrian access for fire trucks and other fire and emergency-related public
service vehicles in order to pump water from the dry hydrant for fire-fighting purposes
at any times, not necessarily during emergency situations, in mutual aids situations
and neighboring fire department vehicles shall be permitted within the easement to fill
their vehicles from the dry hydrant, together with the right of access to said easement
at all times for the purpose of maintaining and repairing same.
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The GRANTOR(S), heirs, successors, and assigns, are hereby prohibited from
blocking or obstructing the easement area above grade or planting trees or shrubs
within the easement area for constructing and/or maintaining any type of permanent
or temporary structure above ground within the Permanent Easement Area without the
written permission of the GRANTEE.
TO HAVE AND TO HOLD the said Permanent Easement 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. This conveyance is made and executed pursuant to
the resolution of the Board of Directors of grantor corporation, and is made in the
regular course of business of grantor corporation, and the property conveyed does not
constitute all, or substantially all, of the assets of said corporation.
fi-. 0.
'{:6tc---t t/ Os.'-v~( cf :(",
ROBERT V. OSWALD, JR.
STATE OF NEW YORK )
)ss. :
COUNTY OF D~~SS )
On the z:z2: 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 signat re on the instrument, the individual,
or the person upon behalf of which the individu ac , executed e instrument.
JOEL D. HANIG
NOTARY PUBLIC, State of New York
Qualifi~d I~ Dutchess Co., No. 02HA4519362
Commission Expires November 30,200
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
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FD Access Easement #8
Blackwatch Farm
Robert V. Oswald, LS Filed map no.
Michael E. Gillespie. PE
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1559 Suite B
Route 82
Hopewell Jet., NY 12533
(845) 227-6227
Fa.x:226-1315
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 northerly line of Viola Court
and said point being the southeasterly comer of Lot no. 11, as
shown on a certain map entitled Blackwatch Farm and filed in the
Dutchess County Clerks Office as filed map no. , thence
in a westerly direction along the northerly line of Viola Court,
SOUTH 72-17 -46 WEST 30.00 feet to a point, thence in a
northerly and easterly direction over and through Lot no. 11 the
following courses and distances, NORTH 17-42-14 WEST 343.68
feet to a point, thence NORTH 72-17-46 EAST ~O.OO feet to a
point along the easterly line of Lot no. 11, thence in a southerly
direction along the easterly line of Lot no. 11, SOUTH 17-42-14
EAST 343.68 feet to the point of beginning. Containing 0.24 acres
of land more or less.
Subject to the rights of public utilities of record.
SCHEDULE "A"
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o TP.S84 (10/03)
4
Recording office time stamp
New York Slale Department of Taxation and Finance
Combined Real Estate
Transfer Tax Return,
Credit Line Mortgage Certificate, and
Certification of Exemption from th~
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
Social security number. c (
C' 6 Y - "h-- ?::;L:>
Social security number
Grantorffransfe ror
G1lndividual
o Corporation
o Partnership
o EstatefTrust
o Other
Granteeffransferee
o Individual
o Corporation
o Partnership
o EstatefTrust
IXI Other
Name (i' individual; las/, 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 description of property conveyed.
State
NY
ZIP code
12533
Federal employer ident. number
Social security number
Social security number
State
NY
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
4 0 Vacant land 8 G9 Other Fire Dept.
Percentage of real property
conveyed which is residential
real property %
(see inslructions)
Date of conveyance
I
Accffli'l!!' Ea~~menf'ar
For recording officer's use Amount received Date received Transaction number
Schedule Bo, Part] $
Schedule B., Part JI $
Condition of conveyance (check all Ihal apply)
a. 0 Conveyance of fee interest
b.O AcqLJisition 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)
f. 0 Conveyance which consists of a
mere change of identify or form of
ownership or organization (a/taCh
Form TP-5134,1, Schedule F)
g. 0 Conveyance for which credit for tax
previously paid will be claimed (attach
Form TP-584.1, Schedule G)
ho 0 Conveyance of cooperative apartment(s)
I. 0 Option assignment or surrender
. m.O L~asehold .assignment or surrender
n.O Leasehold gr~n~
o. IX] Conveyance of an easement
i. 0 Syndication
p. 0 Conveyance for which exemption
from transfer tax claimed (complete
Schedule 8, Part Ill)
q. 0 Conveyance of property partly within
and partly outside the state
r 0 Other (describe)
j.D Conveyance of air rights or
development rights
k 0 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 IlI) ............................ 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 (se.eJnstructions andatiach Form TP.S84.1, Schedule G) .....................':',.......................
6 Total tax due'. (subtract line Slroin line 4) .............:.....,.......................................,.................................................,...
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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 of the premises which is residential real property, as shown in Schedule A) .....
3 Total additional transfer tax due* (multiply line 2 by 1% (.01)) ..............................................................................
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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
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. Conveyance is given in connection with atax'sale:.....~...........:...............:...:;,.......................;.............:.......................,....::...::............... e
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f. Conveyance is a mere change of identity or form of ownership or organization ~here there is no charige 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 corporatioll in conriectiOnwith the grantor transfer.of a proprietary leasehold covering a~individual residential
cooperative. 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
. 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, RETT Return Processing, PO Box 5045.
Albany NY 12205-5045.
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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)
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 stransfer of a fee simple interest to a person or persons who held a fee' 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 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 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'reas()n: , ' , , ' ' , . '
o A certificate of discharge of the credit line ITlortgage is being otferep 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 liber 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) andgrantee(s) must sign)
The undersigned dertifythat the abo~e Information containediri schedules A! S, and C, includirigany return, certificatio~, schedule, or
attach t, is to the best of his/her knowledge, true and complete. -
t- p~-
ROBERT V. rcs'tfAt~a,lur:rR.
TOWN OF WAPPINGER
Title
BY:
Grantee signalure
Title
Grantor signature
Title
Grantee signature
Title
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 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.
. Page 4 of 4 TP-584 (10/03)
Schedule D - 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 traQsferred 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 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 D and submit as many schedules as necessary to
accommodate 13.11 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
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 6El5(c), but not as a condition of recording
a deed.
Part n - 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 tax because one of the exemptions below applies under Tax Law, section 663(c), check the box of the
appropriate.exemiption below. If anyone 6f the exemptions below applies tothetran.sferor(s)/seller(s), that)ransferor(s)/seller(s) is not
required to pay estimated personai income tax to New York State underTEi-X law, section 663. Eac;:h nonresident transferor/seiler who:. .
qualifies under one of the e'xemptions belowrriust sign in the sp~ce 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 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 is a mort.gagor convey.ing the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with
. no additional considaration. .. .... . '. ..
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" . . ". .
o The transferor or transferee is a~ agency or authority of the- United 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.
Signature Print full name Date I
Signature Print full name Date
Signature Print full name Dale
Signature Print full name Date