#1 & 2
"
30' BUFFER EASEMENT #1 and 40' UFFER EASEMENT #2
THIS BUFFER EASEMENT made theZ~ d y 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:
The GRANTOR in consideration of ONE AND 00/100 ($1.00) DOLLAR lawful money of
the United States paid by the GRANTEE does hereby grant and release unto the GRANTEE, its
successors and assigns, and for the benefit of adj acent property owners and through and along Lots
18, 19, 20 and Lot 22, and for the benefit of the custodian and/or caretakers and/owner of that
cemetery contiguous to what is shown on the subdivision map as 40' Buffer Easement #2 against
cemetery, a permanent easement and declaration of restricted use of such easement area over all that
property located in the Town of Wappinger, County of Dutchess and State of New York as shown
on a certain map entitled, "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, which 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" and "B" attached hereto and made a part hereof.
This Buffer Easement shall serve to provide that the area within the easement, all of which
is located on Lots 18, 19, 20 and Lot 22 in the subdivision shall serve as a buffer area between
improvements to be constructed on said Lots 18, 19,20 and Lot 22 and the area of the cemetery
and/or rear yards of adjacent properties to the east, without there being any construction of
improvements within this Permanent Easement Area and it being the intent to leave the area
vegetated and, at the option of the owner of Lots 18, 19,20 and Lot 22, to plant additional trees in
such area in order to create further vegetative screening.
The GRANTOR, its heirs, successors and assigns is hereby prohibited from constructing any
improvements within this pennanent easement area, above or below grade or constructing and/or
maintaining any type of permanent or temporary structure, including but not limited to buildings,
sheds, recreational facilities, underground pipes, and conduits in, on, under, or over the permanent
easement area without written permission of the GRANTEE. This shall not prohibit the
GRANTOR, its successors and/or assigns from planting trees or shrubs within the easement area or
erecting a fence along the property line.
Subject to the foregoing, the GRANTOR(S), for themselves, their heirs, successors and
assigns, reserve the right to fully use and enjoy the premises herein described subject to the terms
of this easement herein granted to the GRANTEE.
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 has executed this instrument as of the date first
set forth above.
R~~.
STATE OF NEW YORK ) ss:
COUNTY OF DUTCHESS )
~
On the ~ day of March, in the year 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(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity(ies), and that by his signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
JOEL D. HANIG
NOTARY PUBLIC, State of New York
Qualified In Dutchess Co., No. 02HA4519.~~~
Commission Expires November 3D, 20?'b1. .0
RECORD AND RETURN TO:
ALBERT P. RO TS, ESQ.
VERGILIS, STENGER, ROBERTS, PERGAMENT &
VIGLOTTI
Town Attorney for Town of Wappinger
1136 Route 9
Wappingers Falls, NY 12590
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30' Buffer Easement #1
Blackwatch Farm
Robert V. Oswald, LS Filed map no.
Michael E. Gillespie, FE
.
1559 Suite B
Route 82
Hopewell Jet., NY 12533
(845) 227-6227
Fax 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 the northeasterly comer of Lot no. 18 and said
point being the northeasterly comer of the herein described.parcel,
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 easterly line of Lot no.
18,19,20 & 22 the following courses and distances, SOUTH 11-
39-30 EAST 25.33 feet to a point, thence SOUTH 09-06-15 EAST
138.57 feet to a point, thence SOUTH 11-55-05 EAST 135.06 feet
to a point, thence SOUTH 13-02-50 EAST 82.96 feet to a point,
thence SOUTH 12-30-20 EAST 286.08 feet to a point, thence
SOUTH 11-07-10 EAST 286.29 feet to the southeasterly comer of
the herein described parcel, thence in a westerly and northerly
direction over and through Lot no. 22, 20, 19, & 18 the following
courses and distances, SOUTH 55-34-00 WEST 37.05 feet to a
point, thence NORTH 11-39-30 WEST 968.42 feet to a point
along the northerly line of Lot no. 18, thence in a easterly direction
along the northerly line of Lot no. 18, NORTH 78-20-30 EAST
36.18 feet to the point of beginning. Containing 0.75 acres of land
more or less,
Subject to the rights of public utilities of record.
SCHEDULE "A"
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40' Buffer Easement #2
Blackwatch Farm
Robert 1-: Oswald, LS Filed map no.
Michael E. Gillespie, PE
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 ~ine of Robinson
Lane and said point being the easterly line of Lot no. 22, 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 Robinson Lane,
SOUTH 44-05-00 WEST 41.22 feet to a: point, thence in a
northerly and easterly direction over and through Lot no. 22 the
following courses and distances, NORTH 31-56-00 WEST 175.09
feet to a point, thence NORTH 55-34-00 EAST 135.75 feet to a
point along the easterly line of Lot no. 22, thence in a westerly and
southerly direction along the easterly line of Lot no. 22 the
following courses and distances, SOUTH 11-07-10 EAST 43.56
feet to a point, thence SOUTH 55-34-00 WEST 80.22 feet to a
point, thence SOUTH 31-56-00 EAST 126.84 feet to the point of
beginning. Containing 0.24 acres of land more or less.
1559 Suite B
Route 82
Hopewell Jct., NY 12533
(845) 227-6227
Fax 226-/3/5
Subject to the rights of public utilities of record.
SCHEDULE "B"
I
..
. TP-5B4 (10/03)
4
Recording office time stamp
New York State 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-584-1) before completing this form. Please print or type.
Schedule A - Information relating to conveyance
Grantorrrransferor
Gllndividual
o Corporation
o Partnership
o EstatefTrust
o Other
G ranteerrransfe ree
o Individual
o Corporation
o Partnership
o EstatefTrust
IXI 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 description of property conveyed.
State
NY
ZIP code
Federal employer Ident. number
12533
Social security number
Social security number
State
NY
Tax map designation " 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 Date of conveyance
2 0 Residential cooperative 6 0 Apartment building I
3 0 Residential condominium 7 0 Office building ,
4 0 Vacant land 8 G9 Other Buffer Easemeneg'th
Percentage of real property
conveyed which is residential
real property %
(see instructions)
day
year
For recording officer's use Amount received Date received Transaction number
Schedule B., Part J S
Schedule B., Part II $
Condition of conveyance (check all that apply)
a. 0 Conveyance of fee interest
b.D 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. 0 Conveyance which consists of a
mere change of identify or form of
ownership. or organization (a/tach.
Form TP-5S4,I, Schedute F)
m.D L~asehold~ssignment or surrender
g.D Conveyance for which credit for tax
previously paid will be claimed (attach
Form TP-584.1, Schedule G)
h. 0 Conveyance of cooperative apartment(s)
n. O' Leasehold grant
o. ~ Conveyance of an easement
i. 0 Syndication
p. 0 Conveyance for which exemption
from transfer tax claimed (complete
Schedule 8, Part lIl)
q.D Conveyance of property partly within
and partly outside the state
r 0 Other (describe)
j. 0 Conveyance of air rights or
development rights
k 0 Contract assignment
Page 2 of 4 TP-584 (1 O/O~)
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 10tal exemption from tax, check the
exemption claimed box, enter consideration and proceed to Part Ilf) ............................ 0 Exemption claimed 1.
2 Continuing lien deduction (see instructions if property is taken subject to mortgage or lien) ...................................... 2.
3 Taxable consideration (subtract line 2 from line 1) ................................................................................................ 3.
4 Tax: $2 for each'$500, or fractional part thereof, of consideration on line 3.............................,........................ 4.
5 Amount of creditclaimed (see instructions and attach Form Tp.584.1, Schedule G) ......................."....................... 5.
6 Total tax due' (subtract line 5 from line 4)........................................................'.................................................:.. 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) ..................................................................... ~31 :'
2 Taxable consideration (mulliply line 1 by the percentage olthe 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 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 0
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 inconnectioh 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 coopera:tive 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 ;. ............. .... c. ": ................... ...... ......,... ......... ~;.. ..:.. .:. .,.......... ............ ................. ........................ ...c...................... . j 0
k. Conveyance is not a conveyance within the meaning ofTax 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, RETI Return Processing, PO Box 5045,
Albany NY 12205-5045.
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
2.0
The real property being sold or transferred is not subject to an outstanding credit line mortgage.
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 atransfer 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 circomstances.
See TSB-M-9S(S)-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: .. .
D 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 thegrantor(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
attac~t, is to the ~ of his/her knowledge, true and complete.
/' ~ / TOWN OF WAPPINGER
ROBERT V. tlrS'WA1'51,)~~. Tille BY: Grantee signature
Tille
Grantor signature
Tille
Grantee signature
Tille
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.
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 trar,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 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 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, 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 naj
~'r--t / Lh'-vct
Print full name
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 68S(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 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 personai income tax to New YorK Stat~ under Tax Law, section 663. Each nonresident transferor/seller who
qualifies under one of the exemptions below must sign in the space provided. If niorespace is needed, please photocopy this Schedule D .
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 transteror(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 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 Date
Signature Print lull name Date
Signature Print full name Date