2004-08-02
GERALD A. VERGILIS*
KENNETH M. STENGER
ALBERT P. ROBERTS
LOUIS J. VIGLOTTI
JOAN F. GARRETT**
THOMAS R. DAVIS
EMANUEL F. SARIS
VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
IRA A. PERGAMENT
LEGAL ASSISTANT:
AMY E. DECARLO
e-mail: VSRP@BestWeb.net
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452-1046
KAREN P. MACNlSH
KEVIN T. McDERMOIT
STEVEN K. PATTERSON
JAY B. RENFRO
OADMITfED TO PRACI1CE
IN NY & FLA.
oOADMITfED TO PRACI1CE
IN NY & CONN.
PlNE PLAINS OFFICE
2990 CHURCH ST.
P.O. BOX 21
PlNE PLAINS, NY 12567
(518) 398-9857
ADDRESS REPlX TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
( ) PINE PLAINS
August 2, 2004
Hon. Gloria Morse, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Carmel Heights Subdivision
Acceptance of Roads, Easements, Utilities and Other Improvements together with
Performance and Maintenance Agreements
File No. 12949.0380
Dear Gloria:
I am enclosing herewith the original policy oftitle insurance regarding the Carmel
Heights Subdivision. The title policy includes both the deed to the roadway as well as
the easements conveyed to the Town.
ours,
, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP
P. ROBERTS
cc:
Town Board File
Hon. Graham Foster, Highway Superintendent
Tatiana Lukinaoff, Zoning Administrator
Carl Wolfson, Esq.
RECEIVED
AUG 0 6 2004
TOWN CLERK
0:\ Wappinger\PlanningBoard\CarmelHgts\080204.doc
L
,;.
<:
o
ISSUED By
COMMONWEALTH LAND TrnE INSURANCE COMPANY
\
!
\
OWNER'S POLICY OF TITLE INSURANCE
...
Com~~~~!C!~~
<~ p 11
POLICY NUMBER
..
AbO-985951
"
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
I. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretary
\) "\ \ T Lf I
'v'<-~ +cS
~. .;P
'-. 9"
Z
- ,~
~ ~
0",." . i,~
JfioJ. ,,\<'"
By' (j-a.u.r a. ~ .......,
Attest: LL adu,J<. ~
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA10
ALTAOwner's Policy (10-17-92)
Face Page
Form 1190-2A
ORIGINAL
Valid Only If Schedules A and B and Cover Are Attached
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those. w.ho s~cceed to the interest o~ the n~med insured by. operation of law
as dIstinguIshed from purchase including, but not hmlted to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
~aterways, but nothing herein shall modify or limit the extent to which a
nght of access to and from the land is insured by this policy.
. (e) "mortgage": mortgage, deed of trust, trust deed, or other security
Instrument.
(I) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section I(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g). "unmarketability of the title": an alleged or apparent matter affecting
the. title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The cover~ge of this policy shall conti~ue in force. as of Date of Policy in
favor of an Insured only so long as the Insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
!nsured ~hall have liabdity by reason of covenants of warranty made by the
Insured In any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest. as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
..concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or inte!J>Osed a
defense as required or permitted by the provisions of this pohcy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceedin~, or effecting settlement, and (ii) in any
other lawful act which in the opimon of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company , the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured ciaimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a)To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant. which were authorized by the Company, up to the
time of payment or tender of payment and which the Company is obligated
to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated Lo pay; or
(ii) to payor otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
B 1~O-2A
Conditions .... Stipulations Continued Inside Coyer
~
Schedule A
Alta Owner Policy
Title Number:
Policy Date
7750COM
01/12/2004
Policy Number
Policy Amount
A60-985951
$ 50,000.00
1. Name of Insured
The Town of Wappinger
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Deed made by Z & M Development Corp. to The Town of Wappinger dated 09-12-97 and
recorded 08-28-02 as Document# 02-2002-8463 In the OffIce of the Dutchess County Clerk;
Deed made by Klassen Builders, Inc. to The Town of Wappinger dated 09-10-97 and recorded
08-28-02 as Document # 02-2002-8464 in the Office of the Dutchess County Clerk;
Deed made by Z & M Development Corp. to The Town of Wappinger dated 07-29-98 and
recorded 01-12-04 as Document # 02-2004-382 in the Office of the Dutchess County Clerk;
Deed made by Plaza Building Corp. and The Town of Wappinger (Drainage Easement) dated
07 -20-98 and recorded 01-12-04 as Document # 02-2004-383 In the Office of the Dutchess
County Clerk;
Deed made by Doreen Davldowitz and Town of Wappinger (Drainage Easement) dated
07-21-98 and recorded 01-12-04 as Document # 02-2004-384 in the Office of the Dutchess
County Clerk;
Deed made by lIana Segal and Town of Wappinger (Drainage Easement) dated 07-20-98 and
recorded 01-12-04 as Document # 02-2004-385 in the OffIce of the Dutchess County Clerk.
4. The land referred to in this policy is described as follows:
SEE SCHEDULE "A" DESCRIPTION ATTACHED
Countersigned:
~~
Authorized Officer or Agent
Schedule A Description
Title Number 7750COM
Policy Number: A60-985951
Page 1
. ,
'that parcel of land situated in the Town of \Jappinger, Dutchess County, New York,. shown &.
ignateu as it. portion of the road known AI SHERWOOD HBIGHTS ROAD as shown on a map entitled,
"SVBDIVISION PLAT OF CARMEL HEIGHTS, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK",
dated Septembor 24, 1982, prepared by Richard G. Bl.r-ger, P. E. & L.S. and filRd in the Dutchess County
Clerks Office on May 19, 1983 .a filed map *6611, Hid portion of the rDad is more particularly described
as follows: "
.
J3~GINNING at a point on the northerly 11nt of Pill Lilli, Idd paint of blgiMing being distant North
69-19-10 East 202.18 feel frDm thllnterllctlon of the northlrly line of Peel line with the westerly line
of lot tH a.s shwon on a map entitled,-EDGEHIlL MANOR - SECTION lA- and recorded in the Dutchess
County ClerJ<s Office as fUed map 15240, .
thence generally in a northerly dirlfction Alan; the wIstterly line of ShRrwood Hlights Road the following
cour'SItS 8& distnnc:os: on a curve to the left CDlIIIct.lng lhe nct'thRrly 11nll of re~l La.ne with the weslerly
line of Sherwood Heights Road having a radius of 25.00 Ent &11 arc distance of 44.33 feet, NORTH
32-17-15 WEST 190.98 feet, on a. curve to the right hiving & radius of 260.00 feet an arc distance of
215.29 feet, NOnTH 15-09-20 EAST 226.27 feet, an a curv. to the left having a radius of 225.00 feet In
arc distalll:e of 138.33 feet, NOnTH 20-04-10 W&:ST 391.90 feet, on a curve to the left having a radius of
275.00 fee l all arc dis lance of 57.26 feet anti NOn1'H 32-00-00 WEST 113.65 f(let to a curve connecting the
westerly Hne of Sherwood Heights Road with the southerly line of Albert lane,
thence alol19 thll cDnnecting curve to the left having a radius of 25.00 feet an arc distance of 39.27 feet,
thence nOf'lherly crossing Albert lane NORTIi 28-33-31 WEST 50.09 feet to a point on the northerly line
of Albert lane, said point being thl beginning of II. curve comlcting thl northerly line of Albert lane with
the westerly line of Sherwood Heights ROAd,
thence RaE'.terly crossing Sherwood Heights Road at the sDU'thlrly end of a portion of Sherwood Heights
Read having been conveyed to thl Town of Wappinger by I deed rlrcorded in th. Dutchess County Clerl(s
Office datl!d November 2, 1988 and recorded I.. t.tber 1820 Cp 121 8& 122, NORTH 67-15-14 EAST 76.57 feet
to a point on the easterly lint of Sherwood Heights RDAd,
thence generally in a southerly direction along the usterly Un. of SherwDod Heights Road 'the following
courses & dilii tances: on a curve to the left having a radius of 275.00 fRlt an arc distance Df 44.42 feet,
SOUTH 32-00-00 EAST 132.i 1 feet. on I curve to the right having a radius of 925.00 111ft An arc distance
1
of 67.67 fE'lt, SOUTH 20-04-10 EAST 992.90 flet, on a curve to thl right having I. radiUI of 275.00 feet an
arc distance of 169.07 feet, SOUTH 15-09-20 WS:ST 226.27 feet, cn a curve to the left having A radius of
210.00 feet an ar'c distance of 173.89 fut, SOUTH 32-17-15 EAST 156.89 feet And along & aJrve connecting
the easterly line of Sherwood Heights RDad with the northerly line of Petllanl having a radius of 25.00
feet an a.rc distance Df 30.85 flet to. point on the northerly Unl of Pill lilli,
thence we!iterly along the nor"lherly Une of Pttllanl on I curvl to the left hiving a radius of 525.00 feet
an arc distance of 71.52 feet and SOUTH 69-19-10 WlaT 27.20 feet to the point Dr pla.cl of beginning.
containing 1.6Z10 acres of land.
Continued on next page
Schedule A Description
Title Number 7750COM Polley Number: A60-985951 Page 2.
LANDS OF ZVI SEGAL d/b/a Z & M DEVELOPMENT CORP. . 'to be conveYed to THE TOWN OF WAPPINGgR
for CARMEL HgIGHTS - (flk/a Albert Larle) - (job #97-047-S,oal )
Town of Wappinger, Dutchess County: Ne\l,~ YorK
All that parcel of land situat,d in the Town of Wappinger, Dutchtss County, New York, sknown as
"AlBgRT LANg" as shown on a map entitled, "SUBDIVISION PLAT OF CARMEL HEIGHTS, TOWN OF
WAPPINGgR, DUTCHgSS COUNTY, NEW YORK", dated September 24, 1982, prepared by Richard G. Barger,
P.g. 8. Ll.S. and filed in the Dutchess County Clerks OHice as filed map #6611, said parcel is more
particularly described as follows:
BEGINNING at a steel pin found set at the westerly end of a curve connecting the southerly line of
Carmel Heights (Uk/a Albert lc\ne) with the westerly line of Sherwood Heights, (said steel pin is in the
front of lot tt31 as shown on said filed map),
thence wtsterly, northerly Be easterly along the southerly, westerly & northerly line of Carmel Heights
(Uk/ a Albert lane) the following courses Be distances:
SOUTH 58-00-00 WgST 70.71 feet,
on a curve to the right having a radius of 300.00 fnt an arc distance of 106.42 feet,
SOUTH 78-19-30 WEST 351.41 feet,
on a curve to the right having a radius of 180.00 feet an arc distance of 308.86 feet,
NORTH 03-21-40 WgST 150.46 feet,
on a curve to the right having a radius of 175.00 feet an arc distance of 250.25 feet,
NORTH 78-34-20 EAST 237.08 feet,
on a curve to the left having a radius of 150.00 feet an arc distance of 85.11 feet,
NORTH 46-04-50 EAST 99.96 feet, ,
on a curve to the right having a radius of 200.00 feet an arc distance of 160.06 feet,
SOUTH 88-03-50 EAST 25.98 feet and.
on a curve to the left, conne,cting the northerly line of Carmel Heights (Ukl a Albtrt Lane) with the
westtrly line of Sherwood Height, having a radius of 25.00 feet an arc distance of 39.27 fett to a concrete
monument found set on the westerly line of Sherwood Heights in front of lot tt45 as'shown on said filed
map,
thence southerl}' along the westerly line of Sherwood Heights SOUTH 01-56-10 WEST 100.00 feet to a
point at the southerly end of a curve connecting the westerly line of Sherwood Heights with the southerly
line of Carmel Heights Cf/k/a Albert lane),
.
thtnce wtsterly, southerly & easterly along the southerly, easterly & northerly line of Carmel Heights
(f/k!a Albert lane) the following courslS & distances:
on a curve to the left having a radius of 25.00 feet an arc distance of 39.27 feet,
SOUTH 88-03-~0 WEST 25.98 feet,
on a curve to the left having a radius of 150.00 feet an arc distanCt of 120.00 feet,
SOUTH 46-04-5,0 WEST 99.96 feet,
on a curve to the right having a radius of 200.00 feet an arc distance of 113.48 feet,
-....-..--.....-... ._..~.....
SOUTH78-34-20 WEST 237.08 feet,
on a clirve to the left having a radius of 125.00 flft antarc distance of 178 75 feet
SOUTH 03-21-40 EAST 150.46 feet, . ,
on a curve to the left having a radius of 130.00 feet an arc distance of 223 07 feet
NORTH 7E:-19-30 EAST 351.41 feet. . ,
on a curve to the left having a radius of 250.00 feet an arc distance of SS.69 feet and
NORTH.58-00-00 EAST 74.71 feet to a concrete monument found set at the westorl' end of a curve
~o~n~~tIng ~dhe ~ort~e~ly line of, Carmel Heights (Uk/a Albert lant) with the wester-ly ~ine of Sherwood
elg s, ~al pOInt 15 In the front of lot #46 as shown on said filed map,
th~ntce soultheasterl~ cr?ssing Carmel Heights (UK/a Albert lane) SOUTH 28-33-31 gAST 5009 feet t th
pom or p ace of begInnIng. . 0 e
Schedule A Description
Title Number 7750COM
Policy Number: A60-985951
Page 3
Together with easements (see attached decriptions):
1.)
I&ul DescriDtion
Drainage Easement
Lot 1#38
Cannel Heights
Town ofWappingcrs
. Dutchess County, New York
That certain lot ofland situate, Iyina andbeizia in the Town ofWappjngers, Dutchess
County, New York. is bounded and .described as follows:
Beginning at the intersection Oflhc northwesterly corner oClot #38 of the Carmel Heights
subdivision and the easterly side of All Anpls Road South 7So31'20" East 104 .39'; Thence
along the following (2) courses; South 36~2'2.s-' West 150.00', North 63 004'26" West 1 t 1.19l
to a point on tbe eastern edge of AU ~8els Road, Thence along th~ easterly edge of said road
North 42 CJ13'40" East 130.00' to the point and place ofbcginning. Containing 0.33 acres orland
moce or less.
.,
SCHEDULE "A"
2.) That certain lot of land, situated, lying & being in the Town of Wappingers, Dutchess
County, New York, said easement is bounded and described as follows:
Beginning at the intersection of the northwesterly comer of lot #39 & the southwesterly
I comer of Lot #40 of Carmel Heights subdivision and the easterly side of All Angels Hill Road,
thence southeasterly along the division line between Lot #39 & Lot #40 as shown on said filed map
South 52-49-00 East 280.55 feet to a point on the westerly side of Carmel Heights (f/k/a Albert
Lane), thence southwesterly along the westerly line of Carmel Heights (f/k/a Albert Lane) on a curve
to the left haVing a radius ofl75.00 feet an arc distance of25.31 feet and a chord bearing of South
28-30-41 West to' a point, then ce northwesterly & southwesterly through Lot #39 the following
courses & distances: North 52-49-00 West 193.55 feet & South 36-32-25 West 150.01 feet to a point
on the division between Lots #38 & #39 on said filed map, thence northwesterly along the division
line between Lots #38 & #39 North 75-31-20 West 104.39 feet to a point on the easterly line of All
Angels Hill Road, thence northeasterly along the easterly line of All Angels Hill Road North 42-13-
40 East 68.02 feet and North 36-20-20 East 147.57 feet to the point or place of beginning.
Containin2 0.52 acres of land more or less.
"
"
Schedule A Description
Title Number 7750COM
Policy Number: A60-985951
Page 4
3. )
SCHEDULE "A"
That certain lot ofland situate, lying and being in the Town of Wappinger, Dutchess County,
. New York, is bounded and described as follows:
Beginning at the intersection of the southwesterly comer of Lot #40 of Cannel Heights
subdivision and the easterly side of All Angels Hill Road North 21-58-50 East 25.89 feet along the
easterly side said All Angels Hill Road to a point, thence southeasterly through Lot #40 South
52-49-00 East 287.14 feet to a point on the westerly side of Cannel Heights (flkJa Albert Lane),
thence southwesterly along the westerly line of Cannel Heights (flkJa Albert Lane) on a curve to the
left having a radius of 175.00 feet an arc distance of25.02 feet and a chord bearing of South 36-45-
.03 West to a point and the intersection with Lot #39 as shown on said filed map, thence
northwesterly along the division line between Lots #39 & 40 as shown on said filed map NORTH
52-49-00 WEST 280.55 feet to a point on the easterly line of All Angels Hill Road and the point or
place of beginning. Containing 0.16 acres ofland more or less.
-.
..
Owner's Policy
Schedule B
Title Number: 7750COM Policy Number:A60-985951
The following are expressly excluded from coverage of Policy, and the Company will not pay loss or damage
costs, attorneys' fees, or expenses which arise by reason of:
1. Any state of facts an accurate survey may show.
2. The exact location, courses and dimensions are not insured without a survey certified to the
Company.
3. The exact acreage of the premises herein is not insured.
4. Rights of others in and to the free and uninterrupted flow of any stream or creek crossing or
bounding the premises.
5. Rights of utility companies to maintain their poles, wires and guys.
6. Easements and right of way to utility companies recorded in Deed Liber 519, page 495, Deed
Liber 913, page 523, Deed Liber 1540, page 627 , Deed Liber 1568, page 734, and Deed
Liber 1604, page 367.
7. 2004 County and Town Tax
. fiiiI Commonwealth.
~ Land Title Insurance Company
STANDARD NEW YORK ENDORSEMENT
(OWNER POLICY)
Attached to and made a part of Policy Number: A60-985951
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereafter gain priority over the estate or interest of the insured as
shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy date,
such policy shall also cover intervening liens or incumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy
unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and
is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as
modified by the provisions hereof.
Date: 01/12/2004
Bridge City Abstract, Ltd.
20 Cannon Street
2nd Floor
Poughkeepsie
Phone(845 7
B:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By: tW~~
~ /Y/ President
A?JJJ'r:!
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH AL T A OWNER'S POLICY (4-6-90)
~
CONDITIONS AND STIPULATIONS
(Continued)
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and only to the extent herein
described.
(a) The liability of the Company under this policy shall not exceed the least
of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date
of Policy is less than 80 percent of the value of the insured estate or interest or the
full consideration paid for the land, whichever is less, or if subsequent to the Date
of Policy an improvement is erected on the land which increases the value of the
insured estate or interest by at least 20 percent over the Amount of Insurance
stated in Schedule A, theA this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that the
amount of insurance at Date of Policy bears to the total value of the insured estate
or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any
partial loss, the Company shall only pay the loss pro rata in the proportion that 120
percent of the Amount of Insurance stated in Schedule A bears to the sum of the
Amount of Insurance stated in Schedule A and the amount expended for the
improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and shall only apply to
that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount
of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as if
the amount of insurance under this policy was divided pro rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured at
the time of the issuance of this policy and shown by an express statement or by
an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured has
agreed, assumed, or taken subject, or which is hereafter executed by an insured
and which is a charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment under this policy
to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within 30 days thereafter.
NM 1 PA 10
ALTA Owner's Policy (10/17/92)
Form 1190-3 Cover Page
ORIGINAL
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company, the insured claimant shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of
subrogation. The insured claimant shall permit the Company to sue, compromise
or settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of the
loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, if any, lost to the Company by reason of the impairment by
the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights by
reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the insured arising
out of or relating to this policy, any service of the Company in connection with its
issuance or the breach of a policy provision or other obligation. All arbitrable
matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at
the option of either the Company or the insured. All arbitrable matters when' the
Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when
agreed to by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is made or, at
the option of the insured, the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys' fees only if the laws of the
state in which the land is located permit a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the
Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and
shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond,
Virginia 23261-7567.
Valid only if Face Page and Schedules A and B are attached
~~
,-'
p,~
A WORD OF THANKS .....
- -
OWNER'S POLICY OF
TITLE INSURANCE
(10/17/92)
As we make your policy a part of our permanent
records, we want to express our appreciation
of this evidence of your faith in Commonwealth
Land litle Insurance Company.
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
AMERICAN LAND TmE AsSOCIATION
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to:
Consumer Affairs Department
Commonwealth Land Title
Insurance Company
ISSUED By
COMMONWEAUH LAND TrrLE INSURANCE CoMPANY
P.O. Box 27567
Richmond, Virginia 23261-7567
TOLL FREE NUMBER: 1-800-446-7086
o Com~~~,!!~!!
Title Insurance Since 1876
HOME OFFICE:
101 Gateway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
B 1190-3