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Untitled . 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 from the 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 [iilndividual o Corporation o Partnership o Estate/Trust o Other GranteefTransferee o Individual o Corporation o Partnership o Estate/Trust 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 Social security number 06'f-sb- Z ~ Social security number Slate ZI P code Federal employer ident. number NY 12533 Social security number Social security number NY ~ State Location and description of property conveyed. Tax map designation Address . City/village. Town County SecMn ,Bloc~ Lot . 63 fJ'V 1 v r 73003C 04 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 ~ Other Road DedicatioWn1h day Percentage of real property conveyed which is residential real property % (see inslructions) year Condition of conveyance (check all that apply) a. 5Sl Conveyance of fee interest c. 0 Transfer of a controlling interest (state percentage transferred %) f. 0 Conveyance which consists of a mere change of identify or form of ownership. or organization (a!iach. Form TP-584,I, Schedule F) g. 0 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) 1. 0 Option assignment or surrender . '.' . . . . b.O Acquisition of a controlling interest (state. percentage acquired C/o) . .' .' -,' m.O Leasehold.assignment or surrender . . . . . n.O Leasehold 9r~n; o. 0 Conveyance of an easement d. 0 Conveyance to cooperative housing corporation i. 0 Syndication p. 0 Conveyance for which exemption from transfer tax claimed (complete Schedule 8, Part Il/) q. 0 Conveyance of property partly within and partly outside the state r. Q9 Other (describe) Road Dedi c.a t ion e. 0 Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Form TP-584. 1, Schedule E) j.O Conveyance of air rights or development rights k.O Contract assignment For recording officer's use Amount received Date received Transaction number Schedule B., Part J $ Schedule B., Part Il $ J . 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 10 Part m) ............................ 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 (seein;;tructions andatiach Form TP-S84.1, Schedule G) .......................:,....................... 6 Total tax due'" (subtraclline Skarn line 4) ............;................................................................................................. o 1. 2. 3. 4. 5. 6. Part ll- 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 J, line 1) ..................................................................... 2 Taxable consideration (multiply line 1 by the percentage or the premises which is residential real property, as shown in Schedule A) ..... 3 Total additional transfer tax due* (multiply line 2 by 1% (.01)) .............................................................................. ~I Part III - Explanation of exemption claimed on Part I, line 1 (check any boxes Ihat 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 iNith ci."taxsale ;....~.......... :...... ..:.....:....:,...........:........ ...;...... ... ....:......., ... ..:.. .... ...:.. ,::..':.. ............. e .. . . ." . " " " 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 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 ortransfer.of a proprietary leasehold yoyering an individual residential cooperative. ap artment ....,......... ......:.~,.. .:.... ..:.:.... ............. ":: ....:.. ...;.....; ..,:...:.............. ........ ...... ........:.. ..., ;..:. ............ .:.........:. .........:.... "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. D D D D D D D D D D D D 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. .1 (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 i~ atransfer of a fee .simple interest to a pers~nor p~rsonswho 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 p:o'perty 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/eason: ". . .' ". . . o A certificate of discharge of the crediiline ~o~gage is bein.g 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 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 certify that the above information contained in schedules A, B, and C, including any rE!turn, certification, schedule, or attachme to the best of his/her knowledge, true and complete. . ~ ~ TOWN OF WAPPINGER Tille BY: Grantee signature Tille ROBERT V. 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, RETI Return Processing, PO Box 5045, Albany NY 12205-5045. . 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)sferred by an individual or estate or trust. Part I - New York State residents If you are a ~ew !,ork 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 0 and submit as many schedules as necessary to accommodate all resident transferars/sellers.' ...... . '. Certification of resident 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) 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. t/. C);.4.ttt( c:{ .:c>, Date 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 IT - 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 appropriateexeniption below. If anyone 6f tha exemptions below applies to the transferor(s)/seller(s) , that, transferor(s)/seller(s) is not required to pay estimated persona] income tax to New York Stati;J unaerT<;tX Law, section 663. Eac;h nonre.sidant transferor/seller who:. . qualifies under one of the e'xemptions below must sign in the space provided. If more space is needed, please photcicopy 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. ~xemption tor nonresident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property, the transferar(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/sel/er's principal residence (within the meaning of Internal Revenue Code, section 121) from to (see instructions). Date Date o The transferar/selleris a 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 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 Dale Signature Print lull name Date Signature Print full name Dale Signature Print full name Dale PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON I-OHM INSTRUCTIONS: http:// www.orps.state.ny.us or PHONE (518) 473-7222 FOR COUNTY USE ONLY C1. SWIS Code Year REAL PROPERTY TRANSFER REPORT C2. Date Deed Recorded / Month Day / STATE OF NEW YORK STATE BOARD OF REAL PROPERTY SERVICES C3. Book I PROPERTY INFORMATION I C4. Page I RP - 5217 RP.52J7 Rev 3/97 1. Property I Location Robinson Lane STREET NUMBER STREET NAME Wappingers Falls CITY OR TOWN Wappin6er VILLAGE 12590 ZIP COOE 2. Buyer Name Town of Wappinger LAST NAME I COMPANY FIRST NAME LAST NAME I COMPANY FIRST NAME 3. Tax Indicate where future Tax Bills are to be sent Billing if other than buyer address (at bottom of form) Address LAST NAME / COMPANY FIRST NAME 20 Middlebush Road Wappingers Falls CITY OR TOWN NY ST~TE 12590 STREET NUMBER AND STREET NAME ZIP CODE 4. Indicate the number of Assessment Roll parcels transferred on the deed # of Parcels OR D Part of a Parcel 5. Deed Property Size I X I lOR I ACRES ' . (Only if Part of a Parcell Check as they apply: 4A. Planning Board with Subdivision Authority Exists 0 48. Subdivision Approval was Required for Transfer 0 4C. Parcel Approved for Subdivision with Map Provided 0 FRONT FEET DEPTH 6. Seller Name Oswald Robert LAST NAME I COMPANY FIRST NAME LAST NAME I COMPANY FIRST NAME A~ One Family Residential B 2 or 3 Family Residential C X Residential Vacant land D Non-Residential Vacant land E ~ Agricultural I ~ F Commercial J G Apartment K H Entertainment / Amusement L Community Service Industrial Public Service Forest Check the boxes below as they apply: 8. Ownership Type is Condominium 9. New Construction on Vacant Land lOA. Property located within an Agricultural District lOB. Buyer received a disclosure notice indicating that the property is in an Agricultural District o o o o 7. Check the box below which most accurately describes the use of the property at the time of sale: SALE INFORMATION 11. Sale Contract Date / Month Day / ~ 15. Check one or more of these conditions as applicable to transfer: A Sale Between Relatives or Former Relatives B Sale Between Related Companies or Partners in Business C One of the Buyers is also a Seller D X Buyer or Seller is Government Agency or lending Institution E Deed Type not Warranty or Bargain and Sale (Specify Below) F Sale of Fractional or less than Fee Interest (Specify Below) G Significant Change in Property Between Taxable Status and Sale Date, H Sale of Business is Included in Sale Price I Other Unusual Factors Affecting Sale Price (Specify Below) J None Road Dedication Year 12. Date of Sale / Transfer / Month Day / Year 13. Full Sale Price I , , . (Full Sale Price is the total amount paid for the property including personal property. This payment may be in the form of cash, other property or goods, Dr the assumption of mortgages or other obligations.) Please round to the nearest whole dollar amount. I 0 I 0 I 14. Indicate t,he value ~f personal I I I I I I I I 0 I 0 I property Included In the sale, , . I ASSESSMENT INFORMATION. Data should reflect the latest Final Assessment Roll and Tax Bill l 16. Year of Assessment Roll from which information taken 17. Total Assessed Value (of all parcels in transferl I , , , , 18. Property Class I 1, 1 ~-u 19. School District Name I Wappinger Central School District 20. Tax Map Identifierlsl / Roll Identitier(s) (If more than four, attach sheet with additional identifier(s)) ~-f: or 6359-04-730030 L I CERTIFICATION I certifY that all of the items of information entered on this form are true and correct (to the best of my knowledge and belief) and I understand that the making of any willtul false statement of material fact herein will subject me to the provisions of the penal law relative to the making and filing of false instruments. BUYER BUYER'S ATTORNEY TO\VN OF WAPPINGER BUYER SIGNATURE BY: DATE LAST NAME FIRST NAME STREET NUMBER STREET NAME (AFTER SALE) AREA CODE TELEPHONE NUMBER CITY OR TOWN STATE ZIP CODE ~~ ... ,,~~L,!L,E!i ~GNf...TURE ....... ...... ... . .,. ." NEW YORK STATE COpy DATE CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. ;(1 THIS INDENTURE, made th~ day of March, two thousand and five BETWEEN ROBERT V. OSWALD, JR. 1559 Route 82, Ste. B Hopewell Junction, NY 12533 party of the first part, and THE TOWN OF WAPPINGER, a municipal corporation with offices located at the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590, party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN Dollars and 00/100------------------------------($1 O.OO)n----------------n--------------------------dollars, lawful money of the United States, and other valuable consideration paid by the party of the second pari, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon erected, situate, lying and being in the Town of Wappinger, County of Dutchess, State of New York, as shown on a subdivision 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, and was filed in the Dutchess County Clerk's Office on , as Filed Map No._, which parcel is more pariicularly described on Schedule "A" attached hereto and made a part hereof. This conveyance is made to the Town of Wappinger for public highway purposes. PREMISES ARE NOT SUBJECT TO A CREDIT LINE MORTGAGE TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of tlle party of the first part in and to said premIses; TO HA VE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the pariy of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment ofthe cost ofthe improvement before using any part of the total of the same for any other purpose. The word "party" shall be constmed as if it read "pmiies" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In Presence of: ~. STATEOFNEWYORK ) )SS: COUNTY OF DUTCHESS ) ~ On theC8' 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 instmment and acknowledged to me that he executed the same in his capacity and that by his signat 0 the instmment, the individual, or the person upon behalf of which the individ I acted d,.t1:le i s mme t. / JOEL D. HANIG NOTARY PUBLIC, State of New York Qualified in Dutchess Co., No. 02HA45193~ C!Jmmission Expires November 30, 200;e / o BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Section Block Lot County or Town Title No. ROBERTV. OSWALD, JR. RECORD AND RETURN TO: Albert P. Roberts, Esq. Vergilis, Stenger Robelis, Pergament &. Viglotti 1136 Route 9 Wappingers Falls, NY 12590 TO THE TOWN OF WAPPINGER , CON~ULTING ENGINEERS rP Q ~ ;S ij! ~~ = ii Gjllll.lEtSP)II~: January 21, 2004 _.~ _.1..: = _.<=.J ~~ _-' Viola Court & Gerhard Court Blackwatch Farm Roberl V. Oswald. LS Filed map no. Michael E. Gillespie. PE . /559 Suite B Route 82 Hopewell Jel., 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 a point along the westerly line of Robinson Lane and said point being the southeasterly comer of Viola Court 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 southerly line' of Viola Court the following courses and distances, thence along a curve to the left with a radius of25.00 feet and a length of36.06 feet to a point, thence NORTH 76-31-46 WEST 381.84 feet to apoint thence on a curve to the left with a radius of 475.00 feet and a length of258.45 feet to a point, thence SOUTH.72-17-46 WEST 975.68 feet to a point, thence on a curve to the left with a radius of 25.00 feet and a length of21.74 feet to a point, thence on a curve to the right with a radius of 52.50 feet and a length of 256.24 feet to a point along the northerly line of Viola Court, thence in a easterly direction along the northerly line of Viola Court the following courses and distances, thence ona curve to the left with a radius of 25 .00 feet and a length of 21.74 feet to a point, thence NORTH 72-17-46 EAST 975.68 feet to a point, thence on a curve to the right with a radius of 525.00 feet and a length of 156.99 feet to the southwesterly comer of Gerhard Court, thence in a northerly direction along the westerly line of Gerhard Court the following courses and distances, thence on a curve to the left with a radius of 25.00 feet and a length of36.99 feet to a point, thence NORTH 04-38-41 EAST 463.32 feet to a point, thence on a curve to the left with a radius of25.00 feet and a length of21.74 feet to a point, thence on a curve to the right with a radius of 52.50 feet and a length of 256.24 feet to a point along the easterly line of Gerhard Court, thence in a southerly direction along the easterly line of Gerhard Court the following courses and Page 2 distances, thence on a curve to the left with a radius of25.00 feet and a length of21.74 feet to a point, thence SOUTH 04-38-41 WEST 463.32 feet to a point, thence on a curve to the left with a radius of25.00 feet and a length of36.99 feet to a point along the northerly line of Viola Court, thence in a easterly direction along the northerly line of Viola Court the following courses and distances, thence on a curve to the right with a radius of 525.00 feet and a length of 33.08 feet to a point, thence SOUTH 76-31-46 EAST 381.30 feet to a point, thence on a curve to the left with a radius of25.00 feet and a length of30.77 feet to a point along the westerly line of Robinson Lane, thence in a southerly direction along the westerly line of Robinson Lane the following courses and distances, SOUTH 32-56-50 WEST 21.21 feet to a point, thence SOUTH 06-06-30 WEST 69.03 feet to the point of beginning. Containing 2.88 acres of land more or less. Subject to the rights of public utilities of record.