Declaration Establishing Drainage EasementChristine Fulton
From: AIR [aroberts@srddlaw.com]
Sent: Thursday, February 07, 2013 3:30 PM illes ie m aen rs.com;
To: Barbara Roberti; Robert Gray; Sue Rose; mg p @ 9 9
johncandlelight@aol.com; jvbinc@optonline.net
Cc: Christine Fulton
Subject: BaisleyNan Benschoten Subdivision
Attachments: DECLARATION ESTABLISHING DRAINAGE EASEMENT AND POCKET POND
MAINTENANCE PROVISIONS -Recorded Document.pdf; DECLARATION OF
CONSERVATION EASEMENT FOR WETLAND PROTECTION -Recorded Document.pdf
I am in receipt of a fax letter from Mike Gillespie to John Baisley of Candelight Landscaping, Inc. regarding
"The Long NOT form" regarding the Baisley Van Benschoten Subdivision. To begin with all the legal work
was done and recorded in June of 2008. I am attaching copies of the recorded Declaration Establishing
Drainage Easement and Pocket Pond Maintenance Provisions, as well as the Declaration of Conservation
Easement for Wetland Protection.
To refresh everyone's recollection this was I believe the first subdivision/site plan approval granted after the
SWPPP provisions became effective. I prepared all of the legal documents and then forwarded them to Scott
Volkman for a final review in his capacity of conflict attorney. In essence, these documents were approved
both by me and by Scott Volkman. The original documents were recorded by me personally; copies of the
filing receipts were forwarded to then Planning Board Secretary, Barbara Roberti.
My records indicate that original copies of these documents were forwarded to the Planning Board, although
Sue Rose apparently could not find them. In any event, the attached copies are the documents that were
actually recorded in the County Clerk's office on June 24, 2008. These are the documents that need to be
provided to DEC with the NOT.
With these documents, I' believe the correct NOT form can be signed and forwarded to DEC.
Please advise if any further information is required.
~-; J r `~~
~i1` \ ~ ~
FEB ~ ~ ~E:
S ~ J
J evil ` ~ J .. I
DUTCHESS COUNTY CLERK RECORDING PAGE
8 & A FORM N *** DO NOT DETACH THIS
*** PAGE
TP-584 N *** THIS IS NOT A BILL
WAPPINGSRS FALLS
RECEIVED FROM VERGILIS STENGER ROBERTS -
GRANTOR BAISLEY JOHN
GRANTEE BAISLEY JOHN
RECORDED IN DEED TAX
INSTRUMENT TYPE• DECLAR DISTRICT WAPPINGER
EXAMINED AND CHARGED AS FOLLOWS:
RECORDING CHARGE: 60 00 NUMBER OF PAGES: 11
TRANSFER TAX AMOUNT.
TRANSFER TAX NUMBER
RECORDfdRETURN TO' RECORDED 06/24/2008
VERGILIS STENGER ROBERTS pT 13:08 29
HAMPTON BUSINESS CTR
1136 ROUTE 9 NY 12590 DOCUMENT # 02 2008 3869
COUNTY CLERK SY MOK /
RECEIPT NO R38153
BATCH RECORD C00365
O
N
t6
D.
N
C
D.
rn
M
0
0
N
0
U
O
V
O
~~~~~9~~R~~l~~
~ G5 h~ ~
FEB ~ 8 ~~~°3
a .. r
z(t7 fit{
6~
DECLARATION OF CONSERVATION EASEMENTFOR
WETLAND FROTECTI2N
BAISLEY/VAN BENSCHOTEN SUBDIVISION
SEE FILED MAP NO.~
THIS DECLARATION OF CONSERVATION EASEMENT FOR WETLAND
PROTECTION (hereinafter the " CONSERVATION EASEMENT"} made this day of
June, 2008, by and between JOHN BAISLEY and JARED VAN BENSCHOTEN, whose
address for the purposes of tins uistrument shall be 110 Airport Drive, Wappingers Falls, New
York 12590 (hereinafter the "DECLARANTS")
WIT13ESS~TI~
WHEREAS, the DECLARANTS are the owners of certain real property located on f
Airport Dnve to the Town of Wappmger, Dutchess County, New York, described in n certain V
deed dated March 21, 2003 by and between Satellite Investments, as Grantor, and John Batsely
and Jared Van Benschaten, as Grantees, and recorded in the Dutchess County Clerk's Office on
April 7, 2003 as Document Number 02 2003 3073, (hereinafter referred to as the
'`PROPERTY"), which PROPERTY is more particularly described to Schedule "1" attache
hereto, and
WIiEREAS, the PROPERTY wes the sublect of both 3ubdrvision Plat Approval and
Site Development Plan Approval granted by the Town of Wappmger Plaruting Board, pursuant
to Resolutions dated the 1st day of October, 2007, and
WHEREAS, the Resolution of Sste Plan Development Approval was subJect to a
condition that required the DECLARANTS to estabhsh a CONSERVATION EASEMENT with
respect to certain Wetlands shown on the Subdivision Map, and
WHEREAS, the PROPERTY is more Particularly descnbed in a Subdivssion Plat
entitled "Commercial Subdivision Plan for Baisley & Van Benschoten", lest revised, May 21,
2008 and is intended to be simultaneously filed with this DECLARATION
l.ssl Revgcd ONObNB
r
r
w-
O
N
~~
,~
qp
Ll
'~
N
r
C
~C
a
rn
ao
m
0
0
N
N
O
U
O
O
C
in the Dutchcss County Clerk's Office as Map # ~~~~ on the day of
~~, ~, 2008
NOW, THEREFORE, in coos~derahon of the approvals granting Subdivision Plat
Approval and Stte Development Plan Approval by the Town of Wappmger Planning Board, and
other good and valuable consrderaGon, the receipt and sufficiency of which ~s hereby
acknowledged by the DECLARANTS, the DECLARANTS hereby declaze the LOTS ~dennfied
m the above referenced Subdrvrsion Plat shall be held, sold, conveyed, transferred, used and
occupied m accordance with the following Covenants and Restncnons
1 Recitations Incorporated The reatat~ons above set forth aze incorporated m thrs
Declaration as rf fully set forth and adopted herein
2 Proporty. The PROPERTX subject to this DECLARATION is located m the
Town of Wappmger, Dutchess County, New York, wluch PROPERTY consists of the two (2)
LOTS, more paruculariy described m the above referenced Subdmsion Plat, hereinafter referred
to as the "LOTS"
3 Declaration of Conservation Easement. DECLARANTS hereby declare,
establish, impose, obligate and bind, for themselves, the>r heirs, successors and assigns, that the
LOTS shall be held, used and occupied subject to a permanent CONSERVATION EASEMENT
and Rrght-Of--Way, in, ou, under and over that portion of the PROPERTY described to Schedule
"2" and hereinafter rdenttfied as the "WETLAND PROTECTION AREA" The
CONSERVATION EASEMENT shall consist of the restncGons set forth to Sectron 4 below for
the purposes of presernng the natwal cond~trons of the WETLAND PROTECTION AREA to
protect the natural resources thereof (the "CONSERVATION PURPOSES") The
DECLARANTS shall erect and maintain such monuments and or fences delineating boundaries
of the WETLAND PROTECTION AREA as may be determined by the Town of Wappmger
2
0
M
N
to
(C
a
a~
»~
.~
n.
rn
rri
O
O
N
N
O
~k
U
O
D
V
~O
Plamm~g Board prior to the issuance of the imtial Certificate of Occupancy for any construction
on any of the LOTS above described
4 Declaration of Restriction. Except as set forth in Section 5 below, the
WETLAND PROTECTION AREA shall not be disturbed, altered or improved in any mamier or
by any means, it being the intention that the WETLAND PROTECTION AREA shall remain
forever m its natural condition and stale Without hmitmg the generahty of the foregoing, the
following activities are prohibited in the WETLAND PROTECTION AREA
A Removal of any trees, shrubs, hedges or any other vegetation eKCCpt as
hereinafter provided,
B Removal, addition or displacement of soil, rocks, minerals, gravel, sand,
or any other natural materials,
C Construction, erection or placement of any buildings, structures, fences,
walls, monuments, statuary, or any other improvements or devices,
D Creation of any impervious surfaces,
E Deposit, dumping or abandonment of any solid or liquid waste, chemical
substance, dunk or debns,
F Removal of groundwater,
G Alteration of or disturbance to any surface or underground watercourse
5 Exclusions from Restrictions. Notwithstanding anything to the contrary set
forth above, it is expressly understood, and the DECLARANTS hereby reserve the following
tights
A 1'o make such improvements and enhancements to the WETLAND
PROTECTION AREA as required by the aforesaid Resolutions and as set forth in "Landscaping
& Lighting P-an for Baisley",last revised, January lb, 2007,
B To keep the Wetland Protection Area free of any debns or unsightly
conditions, including without limitation, the tight to enter thereon for the normal maintenance
and trimming of trees, shrubs, hedges, Welland vegetation and removal of any dead or dying
3
w-
0
ai
rn
m
o.
ai
c
.~
tl
rn
ao
co
0
0
N
N
O
U
O
D
V
O
r-
C
7
trees or plants, and to plant new trees, plants, shrubs, hedges or other vegetation necessary to
maintain the viability of the Wetland
C To use the Wetland Protection Area for passrvc recreation, provided such
use does not conflict with the Conservation Purposes,
D To install and maintain in the Wetland Protcctton Area any drainage
facilities and underground utilities as reflected in the Approvals above mentioned and any other
drainage facilities or underground utihttes m the event the same arc determined to be in the
public ntterest by the Town Board or the Planning Board of the Town of Wappmger, Dutchess
County, New York, or by any successor agency having Junsdicnon,
E To plant, cultivate, install and nieintam any vegetative wetland pltuitings
to rite extent necessary to insure that said plantings are maintained in a vigorous growing state so
as to preserve the natwal ecology of the Wetland Protection Area,
F The right of ingress and egress to the Wetland Protecnon Area by persons,
motor vehicles and construction equipment necessary to do al! tasks to fulfill the
CONSERVATION purposes herein above set forth, and
G The right to plant and re-plant the Wetland Protect-on Area or otherwise
improve Wetland Area for purposes set forth herein and to accordance with the aforesaid
Resolutions and as set forth to "Landscaping & Lighting Plan for Baisley", last revised, January
16,2007,
6 Wetland Enhancement. The DECLARANTS hereby bind themselves Jointly
and severally, their heirs, successors and assigns, and the subsequent owners of LOTS I and 2
idenltfied on the above referenced Subdivision Plat to construct and plant, maintain al] Wetland
enhancements and improvements required by the aforesaid Resolutions and as set forth in
"Landscaping & Lighting Plan for Baisley", last revised, January 16, 2007,
7 Buildrng Peewits/Certificates of Occupancy The DECLARANTS expressly
acknowledge for themselves, their heirs and subsequent owners of the lots will be able to obtain
Building Permits for any construction authorized by the above referenced Site Plan Approval
4
T
T
Q
a
i.
~L
a
rn
4M
oD
O
O
N
N
O
U
O
O
Y-
C
however, no Certificates of Occupancy will be issued for any building construction or the use of
either LOT 1 or LOT 2 unto such time as the Wetland enhancements are completed within the
Wetland Protection Arca as required by the aforesaid Resolutions and as set forth to the
"Landscaping & Lighting Plan for Baisley", last revised, January l6, 2007
B. Prohibition of Structures. The DECLARANTS are hereby prohibited from
constructing and maintaining any type of perinanent structure within the Wetland Protection
Area except as set forth hereto or otherwise required to fulfill the purposes of the Wetland
enhancements
9 Restoration. All areas disturbed in consequence of the maintenance of the
Wctland Protection Area shall be restored by the party disturbing such area , as reasonably aiid
as soon as practicable and at such party's expense, to the condition that existed prior to the
disturbance
l0 Enforcement.
A The DECLARANTS further declare that the owners of LOT I and LOT 2
on the above referenced Subdtvisron Map, or tfie Town of Wappinger, or any successor
municipality, shall have the right to enforce the rights, duties and obligations imposed by this
DECLARATION by any proceeding at law or to equity, against any person or persons violating,
or attempting to violate any covenant, restriction, obligation or easement, to restrain a violation
thereof, or to require specific performance for the construction and maintenance of the duties and
obligations herein imposed, including any obligaticns herein imposed, to recover damages for
any violations thereof, and, to enforce or foreclose any lien created by these covenants
B The expenses of enforcement by either of the LOT owners, or by the
Town of Wappinger, shall be chargeable to ilia party violating these covenants, restrictions and
casements, and shall be deemed a lien against the LOT which such parry owns Damages shall
be deemed to include attorney's fees and disbursements incurred for the successful prosecution
of any lawsuit Failure by the Town of Wappinger to enforce any of the provisions of this
DECLARATION shall in no event be deemed a waiver of any subsequent right to enforce any
5
w
0
m
ai
m
to
a
v
ai
c
~L
a
ao
cM
a0
O
O
N
N
O
U
O
fit]
V
O
C
such violations at a future time The expense of such enforcement is hereby deemed to be a
charge on such lots
11 Modification This DECLARATION may not modified except in writing,
executed and acknowledged by the D1CLARANTS and the'fown Board of the Town of
Wappmger, pursuant to Resolution duly adopted by the Towit Board upon recommendation of
the Plaruting Boazd of the Town of Wappmger, and recorded in the Office of the Dutchess
County Clerk
l2 Duration. The Covenants and Restrictions set forth herein shall be bindtiig
on the two (2) LOTS created by the aforementioned Subdivision Plat entitled "Commercial
Subdivision Plan for Baisley and Vaii Benschoten" filed in the Dutchess County Clerk's Oftice
simultaneously herewith, and, except as otherwise provided herein, these COVENANTS AND
RESTRICTIONS SHALL RUN WITH THE LAND AFFECTED THEREBY, SIiALL BE
PERPETUAL IN DURATION AND SHALL INURE TO THE BENEFIT OF THE TOWN
OF WAPPINGER, DECLARANTS, AND ANY SUBSEQUENT OWNER OF ANY LOT
WITHIN THE SUBDiYiSION, ANll SHALL BE BINDING ON ALL PARTIES HAVING
OR ACQUIRING ANY RICHT, TITLF. OR INTEREST IN AND TO THE ABOVE
DESCRIBED LOTS OR PART THEREOF, THEIR HEIRS, SUCCESSORS OR
ASSIGNS.
13 Partial Invalidity; Separability. The provisions of this DCCLAItAT[ON are
separable and if any provision, clause, sentence, sub-section, word or pan thereof is held illegal,
invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality,
invalidity or unconstitutionality, or mapphcabihty shall not affect or impair any of the other
remaining provisions, clauses, sentences, sub-sectwns, words or parts of this DECLARATION
or their application to the LOTS or other persons or circumstances it is hereby staled to be the
intention of the DECLARANTS that this D)CLARATION would have been adopted if such
6
~-
0
ai
of
m
d
ai
.,
c
.~
tL
rn
cD
M
O
O
N
N
O
U
O
D
O
c
illegal, invalid or unconstitutional provision, clause, sentence, sub-section, word or par[ had not
been included therein, and tf such person or circumstance to which the DECLARATION or part
thereof is held to applicable, had been specifically exempted therefrom
JN WITNESS WHEREOF, Jahn Batsley and Jared Van Benschoten have executed this
w
0
ao
N
iT
to
a
a
c
.~
l1
rn
ao
M
OD
O
O
N
N
O
U
O
O
w
C
Declaration on the day and date first above appearing
J BAIS
ARED VAN BENSCHOTEN
STATE OF NEW YORK }
}s s
COUNTY ll0~ TCHESS }
On the Ct~ day of June, 2008, before me, the undersigned, a notary public in and for said stato,
personally appeared JOHN BAISLGY, personally known to me or proved to me on the bests of
satisfactory evidence to be the individual whose name to suhscnbed to the within instrument and
acknowledged to me that he executed the same to his capacity, and that by his signature on the
msVument, the mdtvtdual, or the person upon behalf of which the m~dtvtdu~l acted, executed the
instrumbnt ~~~,i~%~2~~P,~'-w
Nottuy Public
Al BERT P AOaERTS
STATE OF NEW YORK } NOTARY PUBLIC, State of New Vork
Ouoldied m Dutchess County
}s s Comm~eaion Ezpirea Pch 28, 20
couNTY of DurcHESS}
w+f
On the ~ day of June, 2008, before me, the undersigned, a notary public to and for said state,
personally appeared JARED VAN BENSCHOTEN, petsonally known to ma or proved to me on ilia basis
of satisfactory evidenco to be the mdvtdual whose name is subscribed to the within instrument and
acknowledged to ma that ha executed the same in his capacity, and that by Itts signature on the
instrument, the mdmdual, or the person upon behalf of which the tttdtvtdual acted, executed the
instrument
Tax Grtd No 6258-02-85422
"[own of Wappmgar
RECORD AND RETURN TO:
Albert P. Roberta, Esq.
Vergilis, Stenger, Roberta & Davis, LLP
1136 Route 9
W appingcrs Falls, New York 12590
Notary Public
pEBORAt1 L aARlttiGl
goloiy pubae, stele of New lbtlt
No of aA618t 3e8
CuelalBd hs OrcaiQO Ceiatfl/ lD
CenantstMn Exdns Aup i e 20r.
FIEIIISbU+tl SUP'/E 'u PAiSE 02
03!::0!2003 11 29 9d5-2~7-"1:
R ;Y1V10ND E IT~INSMAN P.L.S.. P,P.
LAND SURVEYING AND PLANNING, P L !. C
1830 Swath AoaS Llnil24, PM8 ib7, Wappuigurs Fa31s, NY 72590
845-896-3013' 843.564-7666'Fax 845-696-3608
!~E5CR1P TION March 5.2003
1.O'I A
LANDS BEINO CONVEYED
TO BAISLEY AND VAN Bi;NSCHOTEN
TOWN OF WAPPINGER - / ~
Ali lot, parcel, or pioce of land amiate m the Town of Wappmgcr, County of putchcss, v
State of New York and being Lot A as shown on Fded Map No 8938 to the Uutchess
County Clerk's Office, Poughkeepsie, New York, and being mote particularly dtscnGed as
follows
IIegtnrung at a point nn the northwesterly lino of Airport Urtve, said point ofGaginning
being the eaatarly corms of lands now or fotnwtly the Cows of Wapptnger, said point of
begtoivng also bang the southrdy corner of the herein dcacnbed parcel thence, from said
point of bn}3tnntng and along the northeasterly Itnc of lands of said Town oCWapptnger,
North 32-33'-00" West 47'7 76 fact, thence, along the southwesterly hoe of lands now or
formeriy the County of Dutchcss and along the retnatns of a voce fence the following
several courses and distances Nortli 58-12'-27" l=ast 65 37 feet to a fence post found,
thence, North 57-06'-44" East 490 90 feet to a frnee post found, thence, North 56-3 I'-22"
}past 475 69 feet to a fence post found, thence, North 66-53'-06" East 50 6i feet, thence,
along the soiitheaateriy Gnc of lands now or formerly A R Fuclq, Inc , being Lot B as
shown on Fticd Map No 8938, South 31-34'•21" Past 332 69 fix:t !o the northwesterly
hoe oFAtrpnrt Dnve, thence, along said hoe the retnaining courses and distances nn a
curve to tltc left havng a radius of 1065 00 font, an arc distance of 256 29 feet as
descnbed by the chord, South 65-19'-i5" West 255 67 fort to a monument found at a
lx~mt ottangency, thence, on the tangent, South 58-25'-36" West ]16 M fact to a
monument found at a point of curvature, thence, on a curve to the Icfl having a caches of
580 00 foal, an src distance of 318 13 fart as descnbad by the chord, South 42-42'-45"
West 3l4 16 feet to s monument found al a point of tangency, thence, on the tangent,
South 27-00'-00" West 211 88 feet to the point of bzgtrmtng
Contatmng 8 13511 ocres
Page 1 oft _
Pro S!4liSil,.,~^`t S"^'~Or " PCQf~~onal Planner - I tcensed in TJY N] y~j'Q
I ))
ccs~h~d~.. I ~.
0
a
v
a~
...
c
.,~
d
rn
to
0
0
N
N
O
U
O
dal
V
w
C
}{EIt151•tAli ;UP~iE Ma P!~'aE ~3
03~2~/:003 11 :A 8a5-~3% "1:
Lot A Page 2 Match 5, 2003
Town of Wappurgu
Subject to Dramagr Easement IV conveyed to the'3 own of ~Vapptnger being more
parucuhrriy described as follnws
13cetmm~g at a monument fount on the northw~storly hoc of Arrpon llnve, said point of
begunung b~hng located on a curve to the Iclt huvtnq a radius of 1065 00 feet, an arc
dtstancc af25G 29 feCt as deunbrd by the chord, South 65-1`J'-IS" Wrst 255 G7 feet from
the southerly corner of lands now or formerly A [t Fuels, Inc ,Lot 4, ..nth the enctcrly
comer afLot A as shown on Filed Map No 8938 to the Dutchess County C1erk'~ Office,
Pourhkeepste, New York, thence, from sand point ofbegimm~g and along the
nartitwcstcrly itnc of said Arrport Dnvc, Sortllt S8-2S'-36" West 15 52 feet, (hence,
through Lot A the following three (3) courses and dtstences North 31-0T-Ib" West
i 9 77 feat, tltenr:r, North SB-52'~IA" L•-a3t 20 (lU feet, thence, South 31-07'-16" East 19 62
feet to the northwesterly tine of Airport Dnve, thence, along said Une on a curve to the left
iavmg a radms of 1065 00 feet, an arc distance: of 4 48 feet as descnbed by the chord,
South SB-32'-50" West 4 48 feet to the point of begtmnng
Subject also to any other nght-o£--way, easemrnt, covenant or restnciton of record
Pro~ea No 97-030D
REli/pmm
1 ''
~~ ~h~ d ~. I ~.
r
r
~-
O
r
a)
m
e6
4.
.D
N
C
•L
t3.
0
N
N
O
U
O
O
V
O
C
~. T-.
RAYMOND E. HEINSMAN
PROFEb310NAL LAND SURVEYOR, PL L L'
1830 Savth Rond Unrt Z4, Su#s 167
Wsfprngerr FeFFr, M'IZ590
P• 84S 631.3019 ~ F' 84S 63? 3050
mwur bernrmurunroeyrn rom
DESCRIPTION January 23, 2008
CONSERVATTON EASEMENT Revised. Apni 25, 2008
BAISLEY AND VAN BENSCHOTEN SUBDIVISION
TOWN OE WAPPINGER
All that lot, parcel or piece of land situate m the Town of Wappinger, County of
Dtdchesa, State of New Ya$t, and being a conservation easement as shown on the
"Batsley and Van Benschoten Subdrvlsron Plan" filed as Map No
in the Dutchess County Clerk's Office, Poughkeepsie, New York, and bang more
pactrcularly descnbed as follows•
$eguuung at a point on the northwesterly Irne of Airport Drzve, sprd point of beginning
being the southwesterly wmer of lands now or formerly A R Fuels, Inc ,Lot B, Filed
Map No 6938, said point of beginning also being the easterly comer of Lot 2 as shown
on the above-referenced filed map, thence, fmm said point of begtntung and along the
norlhweslerly hne of Airport Drrve, on a curve to the left having a radius of 1,065 00 Feel.
an arc distance of 251 B] feet to an existing Town of Wapprnger dtaznuge easement,
thence, along said easement the following three courses end distances North 31-07' 16"
West 19 62 feet; thence, South 58-52'-44° West 20.00 feet, thence, South 31-07'-l6'
East 19.77 feetto the northweaterly hne of Auport Dnve; thence, along snrd tine,
South 58-25'-36" West 9 40 feet; thence, through Lot 2 the following Three courses and
distances North 31-34'-45" West 62 67 feet, thence, North 27-13'-03" West 121.91 feet,
thence, North 12-52'-40" Went 104 57 feet, thence, along the southeasterly Tine of lands
now or formerly the County of Dutchess the following two courses and drsltmces Narih
56-31'-22" East l 85.99 feat, tlienee, North 66-53'-06"East 50 61 feet, thence, along the
southwesterly Ime of lands of said A R Fuels, lnc ,being Lot B es shown on Filed Map
Na 8938, South 31-34'-2]"East 322 69 feetto the point of boginrung
Containing 84,277+/-square feat, or 1 93S +!- acres
Subject also to aay right-of--way, easement, covenant or rostricGon of record
Pro)ect No 97-030D
REH/pmm
Maintaining the rr+rvry r~cordt ojt
Raymond E Heursman, F.L.L.C.
(1996-Present)
Grail, Reding, Hemsman, P C
(1488-199b)
~o
r
~~,
;~
~.
,~
.~
a
rn
M
O
Q
N
N
O
U
O
~O
V
O
C
Larensed Fn ~ NI Gr PA
llatgeq Campbell, Gny & Railing, F C. WdIis E Tuttle, Jr , P L S
(1983-1y88) (1960-1996)
Rleberd d Barger, P.E , L 5.
(19611-1983)
Z"
~r s~h2d ~.
DUTCHESS COUNTY CLERK RECORDING PAGE
RECORD ~ RETURN TO
RECORDED: 06/24/2008
VERGILIS STENGER ROBERTS AT 13 07 38
HAMPTON BUSINESS CTR
1].36 ROUTE 9 DOCUMENT #. 02 2008 3868
WAPPINGERS FALLS NY 12590
RECEIVED FROM• VERGILIS STENGER ROBERTS
GRANTOR BAISLEY JOHN
GRANTEE: BAISLEY JOHN
RECORDED IN. DEED TRX
INSTRUMENT TYPE: DECLAR DISTRICT In1APPTNGER
EXAMINED AND CHARGED AS FOLLOWS
RECORDING CHARGE• 57 00 NUMBER OF PAGES
TRANSFER TAX AMOUNT
TRANSFER TAX NUMBER
to
E & A FORM: N *** DO NOT DETACH THIS
*** PAGE
TP-584 N *** THIS IS NOT A BILL
COUNTY CLERK BY: MOK /
RECEIPT NO. 838151
BATCH RECORD. 000363
iii~~iug~~uii~N~i~~u~u~iu~um~~i
~'' '- Ll rr~ C1 n,
~L~ (C,, ~-.,. ,; ,,,~ ~- ~.
FEB 0 8 2013
TO~,/1,~~ ~a~ ~P~~`~~'~~T,~~~~E~
` . x. A ~,. E,~
' DECLARATION ESTABLISHING DRAINAGE EASEMENT AND
POCKET POND MAINTENANCE PROVISIONS
BAISLEY/VAN BENSCHOTEN UBDIVISION
SEE FILED MAI' NO. t~~~A•
THIS DECLARATION ESTABLISHING DRAINAGE CASEMENT AND
POCKET PON MAINTENANCE PROVISIONS (hereinafter the "DECI.ARATI4N"),
made this day of June, 2008, by and between JOHN BA[SLEY and JARED VAN
BL"NSCH(4TEN, whose address for the purposes of this instrument shall be 110 Airport Dnve,
Wappingers Falls, New York 12590 {hereinafter the °iDECLARANTS")
W1'CNLSSCTI-I
WHEREAS, the DECLARANTS are the owners of ceriain real property located on
Airport Drive in the Town of Wappinger, Dutchess County, New York, described in a ccriatn
decd dated March 21, 2003 by and between Satellite Investments, as Grantor, and John Baisely
and Jared Van Benschoten, as Grantees, and recorded in the Dutchess County Clerk's Office on
April 7, 2003 as Document Number 02 2003 3073, (hereinafter referred to as the
°`1'ROPERTY'~, which PROPERTY is more particularly described in Schedule '`1" attached
hereto, and ~•
WI~IEREAS, the PROPERTY was the subJect of both Subdivision Plat Approval and
S-te Development Plan Approval granted by the Town of Wappinger Planrunb Board, pursuant
to Resolutions dated the 1st day of October, 2007, and
WHEREAS, the Resolution of Site Development Plan Approval was subJect to certain /
conditions, including the condition that the DECLARANTS encumber the PROPERTY witlt a
Drainage Easement to insure the construction, installation and maintenance of stormwater
management facilities ail as shown and depicted on the Site Plan, and
WHEREAS, the PROPERTY is mare particularly described to n Subdivision Plat
entttled `'Commercial Subdivision Plan for Baisley & Van Benschoten", last revised, May 21,
2008 and is intended to be simultaneously filed with this DECLARATION in the Dutchess
i.asc rev~sra owowas
2008, and
NOW, T13ERErORE, In consideration of the approvals granting Subdivision Plat
Approval and Site Development Plan Approval by the Town of Wapptnger Planning Board, and
other good and valuable constderatton, the receipt and sufficiency of whtcll is hereby
acknowledged by the DECLARANTS, the DECLARANTS hereby declare the LOTS idenitiied
in the shove referenced Subdivision Plat shall be held, sold, conveyed, transferred, used and
occupied in accordance with the following Covenants and Restrictions
1 Recitations Incorporated. The recitations above set forth are Incorporated to
this Declaration as If fully set forth and adopted herein
2 Properly. The PROPERTY subject to tlas DECLARATION is located in the
Town of Wappinger, Dutchess County, New York, which PROPERTY consists of the two (2)
LOT'S, more particularly described in the above referenced Subdivision Plat, hereinafter referred
to as the "LOTS"
3 Declaration of Drainage Easement and Maintenance Provisions.
DECLARANTS hereby declare, establish, impose, obligate and bind, for themselves, their Heirs,
successor and assigns, that the LOTS, shall be held, used and occupied subject to a Permanent
Easement and Rtght-of--Way, In, an, under and over that the portion of the PROPERTY
described in Schedule " 2", and hereinafter tdentified as the "Pocket Fond Maintenance Area" for
the purposes of constructing, Installing, operating, maintaining, repairing, reconstructing,
replacing and inspecting stormwater drainage and stormwater management facilities, including,
without limitation, the right to install and construct drainage pipes, swales, headwalls, planting
and maintenance of assoctated vegetative plantings, and related drainage structures and facilities,
all as set forth to a Stormwater Pallutton Prevention Plan (hereinafter "SWPPP") prepared by
Michael Gillespie, P E , for John Batsley, dated March 15, 2004, last revised December 18,
2006, a copy of which Is on file to the Office of the Town Clerk of the Town of Wappinger
2
shall include
A The right of ingress and egress to and within the Pocket Pond Maintenance
Area by persons, motor vehicles and construction equtpment necessary to do all tasks to fu1611
the Covenants and Restrictions hereinabove sct forth,
B The right to clear, excavate, fill, grade, cultivate, plant and re-plant the
Pockci Pond M~untenance Area and/or oiherwsse improve the same for the purposes set forth
herein, and in accordance with the SWPPP above referenced
4 Bmdrog Effect. DECLARANTS hereby bind themselves jointly and
severally, their hers, successors, and assigns, and tlic subsequent owners of LOTS 1 and 2
identified on the above referenced Subdtvis~on Map to construct all drainage improvements and
facilities required by the SWPPP
5 Building PermitslCertiticates of Occupancy. The DECLARANTS expressly
acknowledge for themselves, thctr heirs and subsequent owners of the lots will be able to obtain
Buiding Permits for any construction authorized by the above referenced Site Plan Approval
however, no Certificates oFOccupancy will be issued for any building construction or the use of
esther LOT 1 or LOT 2 until such isme as the storrnwater management fac~l~t~es are constructed
within the Pocket Pond Maintenance Area as required by the Resolution of St~bdtvis-on
Approval
6 Prohibition of Structures. DECI..ARAN'I'S are hereby prohibited from
eonstruchng and ma~ntatmng any type of permanent structure within the Pocket Pond
Maintenance Area except as set forth herein or otherwise required to fullill the purposes of the
SWPPP above referenced
7. Restoration. All areas disturbed to consequence of the ma~nienance of the
Pocket Pond Maintenance Area shall be restored by the party disturbing such area, as reasonably
and as soon as practicable and at such party's expense, to the condition that existed prior to the
disturbance
3
assigns, reserve the right to exerc-se or to grant to any duly constituted public or private utility,
or to any munictpal corporation of the State of New York, non-exclusive rights in the Pockcl
Pond Maintenance Area similar to the rights herein granted for the purpose of installing,
maintaining, repairing water pipes, sewer pipes, drainage pipes and the respective facilities
appurtenant thereto, as well as any ocher utility lines, including, wtthout limitation, mains and
service lines, subject to the prior approval ot'the Town of Wappinger Planning Board
9 Enforcement.
A The DECLARANTS further declare that the owners of LO'C l and LOT 2
on the above referenced Subdivision Map, or the Town of Wappinger, or any successor
municipality, shall have the right to enforce the rights, duties and obligations imposed by this
DECLARATION by any proceeding at law or in equity, against any person or persons violating,
or attempting to violate any covenant, restriction, obligation or easemeit, to restrain a violation
thereof, or to require specific performance foi the construction and maintenance of the duties and
obligations herein imposed, including any obligations imposed pursuant to the SWPPP above
referenced, to recover damages for any violations thereof, and, to enl'arce or foreclose any lien
created by these covenants
B ']'he expenses of enforcement by either of the LOT owners, or by the
Town of Wappinger, shall be chargeable to the party violating these covenants, restrictions and
easements, and shall be deemed a lien against the LOT which such party owns Damages shall
be deemed to include attorney's fees and disbursements incurred for the successi'ul prosecution
of any lawsuit Failure by the Town of Wappinger to enforce any of the provisions of this
DECLARATION shall in no event be deemed a waiver of any subsequent right to enforce any
such violations at a future time The expense of such enforcement is hereby deemed to be a
charge on such lots
10 Modification. This DECLARATION may not be modtfied except in wnUng,
executed and acknowledged by the DECLARANTS and the Town Board of the 'town of
Wappinger, pursuant to Resolution duly adopted by the Town Board upon recommendation of
4
County Clerk
11 Duration. The Covenants and Restrictions set forth lieretn shall be binding
on the two (2) LOTS created by the aforementioned Subdivision Plat entitled `'Commercial
Subdivision flan for Baisley and Van Benschoten" tiled in the Dutchess County Clerk's Office
simultaneously herewith, and, except as otherwise provided herein, these COVENANTS AND
RESTRICTIONS SHALL RUN WITH THE LAND AFFECTED THEREBY, SHALL BE
PERPETUAL IN DURATION AND SHALL INURE TO THE BENEFIT OF THE TOWN
OF WAPPINGER, DECLARANTS, AND ANY SUBSEQUENT OWNER Off' ANY LOT
WITHIN THE SUBDIVISION, AND SHALL BE 131NDINC ON ALL PARTIES HAVING
OR ACQUIRING ANY RIGHT, TITLE OR INTEREST IN AND TO THE ABOVE
DESCRIBED LOTS OR PART THEREOF, T)EiEIR HEIRS, SUCCESSORS OR
ASSIGNS.
12 Partial Invalidity; SeparabiLty. The provtsions of this DECLARATION are
separable and tf any provision, clause, sentence, sub-section, word or part thereof is held illegal,
invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality,
invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the other
remaining provisions, clauses, sentences, sub-sections, words or parts of this DECLARATION
or their application to the LOTS or other persons or circumstances It is hereby stated to be the
intention of the D)CLARANTS that this DECLARATION would have been adopted tf such
illegal, invalid or unconsittutional provtston, clause, sentence, sub-section, word or part had not
been included therein, and if such person or circumstance to which the D1CLARATION or part
thereof is held in applicable, had been specifically exempted thereliom
5
0
0
co
m
cc
a
a~
,_
.L
a
M
a0
O
O
N
Declaration on the day and date first above appearing
I;AISLEY
AN BENSCHOTEN
STATE OF NEW YORK
}ss
COUNTY //O'~ F'DUTCHESS }
On the (9 day. of June, 2008, before me, the understgned, a notary public to and for said state,
personally appeared JOHN BAtSLEY, personally know» to the or proved to me on the bests of
satisfactory evidence to be the tndtvtdual whose name is subscribed to the wttlttn tnstrument and
acknowledged to me that he executed the same an tits capacity, and that by tits signature on the
tnstrument the tndtvtdual or the person upon behalf of which the tndtvtdual sated, executed ttte
, ,
tnstrument
STATE OP NEW YORK }
}5 5
Notary Pubitc
COUNTY OF DUTCHESS}
V
ALBERT P ROBERTS
NOTARY PUBLIC, State of Nn~v Ynrk
Quuliited m Dutchess County (
Commission Expires Feh 28 20
On the 9 day of June, 2008, before toe, the understgned, a notary public tit and for said state,
personally appeared JARED VAN SENSCHOTEN, personally known to me or proved to me on the bests
of satisfactory evidence to be the tndtvtdual whose name is subscnbed to the wttlttn tnstrument and
acknowledged to me that ho executed the same to tits capacity, and that by tits signature on the
tnstrument, the tndtvtdual, or the person upon behalf of wlttch ti-e tndtvtdual acted, executed the
tnstrument
TAX DESIGNATION
Tax Grtd No 6258-02-854522
Town of Wapptnger
RECORD AND RETURN TO:
Albert P. Roberts, Esq.
Yergiits, Stenger, Roberts & Davis, LLP
1136 Route 9
Wappingers Falls, New York 12590
DEBORAH L BARINKA
~~Y Pubpc, Sfafe Of New York
No O18A6151355
Quoliffed -n Orange Cotrnfy
CommltMMesn FxptrPS Attq tq 9(],~~
6
ai
m
L
N
~.
c
L
fl
t,
h
V
~X 1,G0 l! d f1 Ir QdJ iJ i , r~ ~A~
Notary Public
It.Yl1,~ONU ~. IfiEINS1NAN. P L S.. p P.
LAND SURVEYTNG ANI~ PLANNING, P L i. C
183Q Soadh Rnsd Unrt 24, PMH 167, Wappingers falls. tYY 12390
845-896-3Q13• 843-364-7666•Fax 845-896-3b08
!DESCRIPTION Mnn:h 5 2003
I,OT A
LANDS BETNC~ CONVEYED
TO BAISLEY AND VAN AENSCk~OTEN
TOWN OF WAPPIN(]ER
All lot, parcel, or piece ofland situate in the Town of Wnppinger, County of Dute:hess,
State of New Park, and bang Lot A as shawrt on Filed Map No 8938 in the Dutchess
County Clerk's OfScc, Poughkeepsie, New York, and being more particularly desccibex! as
follows
I3eginntnq at a point an the northwesterly line of Airport Urive, said point afUcgmntng
being the easterly corner of lands now or t'oinwtly the Town of Wappinger, said paint of
beginning also being the soutl~eriy corner of the lteretn described parcel thence, Gam said
paint of bc~gtnning and along the northcaeicrly hnc of lands of said Town of Wappingcr,
North 32-33'-00" West 477 76 foot, thence, a[ong the sottthwestei ly tine of lands now or
formerly the County of Ihttchess and along the remains of a ~re fence" the following
several courscss and distances Nortti SS-12'-27" East 65 37 fCet to a fence past found,
thence, North S7-OG'-44" fast 490 90 feet to a fence post found. thence, Nortlt 56-3 ['-22"
F:aet 475 69 feaet to a fence post found, thence, North 66-53'-06" East SO 61 fact, thcnrc,
along the southeasterly line of lands now oc formirJy A R Fucis, Inc , hoing Lot B as
etsawn an l:tlcd Mnp No 8938, South 31-34'-23" t~nst 332 69 fixet to the nortlywester[y
line of Airport Dave, thence, along said line the remninin~r courses and distances an n
curve to t[tc left having a radius of 1065 00 feet, en me dwtanr•~ of 2S6 29 fe:ei as
described by the chard, South GS-19`-15" West 255 G7 fart to s monument found at a
point of tange:ricy, thence, on the tangent. South 58-25'-36" West 336 44 feet !o a
monument found at a point ofcucvature, thence, on a curve to the IcR having a radius of
580 00 foes, en arc distance of318 i3 Fart as descnbod by the chord, South 42-42'-45"
West 3l4 t6 feet to a monument found at a paint of tangtncy, ounce, on the tangent,
South 27-00'-00" West 211 88 fact to the point of bcguuttng
Cantairnng 8 1351 acres
Page 1 of 2
Pro ~ i t~ rid Surveyor - P~r~Sj~ttal Pla~~r - LtcansccJ rn NY_ NJ ~..,~
CC ~ )?
Lot A Page 2 March S, 2003
Town of Wapptnger
./(
Subject to Dratnagr Easement IV conveyed w the Town of Wapptnger bemf; ntorr
pnrttculnrly described as follows
Acr~~nntng at a monument fcunJ on the nortt+west~~rly hne of Atrpart Unve, said poutt of
beguuung b~nng located on a ctrtve to the left having a radius of 1065 00 Feet, nn ;trc
@~stance of 25G 2~ feet ns +iesc-nL~cd by +he cttor<l, South GS-1 l'-t S" ~'r'cat 255 G7 feet frum
the southerly corner of lands now or formerly A k I"ucts, Inc ,Lot II, with the a isterly
comer of Lot A as shown on Filed Map No 8938 m the Dutchess County Cicik'~ Of6cx,
Pouglrkeepsre, New York thence, from said pcrmt of tx:e„~nnrng and along thr
northwesterly line of said .Airport Drava, South 58-25'-3G" West ] S 52 feet, thence,
through f.at A the following three (3) courses and di9tances North 31-UT-16" \~Vtst
19 77 feet, thence, North 58-52'-44" }past 2U UU tact, thence, South 31-U7'-16" Last 19 6?
feet ra the northwesterly line of Airport Drive, thence, along said lint an a curve to the l~fl
ltnving a radius of l OG5 00 feet, an arc distance of 4 48 feet as described by the chord,
South 58-32'-50" West 4 ~8 fi;ct to the pornt of begttuting
Subject also to any other right-of--way, easemc-rat, covenant or restnGi[on of record
Project Na 97-030II
RlrHipmm
~h~.dt~1~ `~ y ~~
0
L
a
a~
r
C
L
L
>D
h
7
V
' ~ RAY.N.~C)ND E. HEINSIVIAN X830 South Road Vast 24, Sust~ 167
Wappingers Falb,1VY 12590
PROFES&IONA.I. LAND SURVEYOR,1'L L L p; 845 642.3019 ~ .F: 945 632 3020
www.hessysmaarurvey:a~ tom
DESCRIPTION Apn125, 2008
POCKET POND EASEMENT
IiAISLEY ANU VAN BENSCHOTEN SUBDIVISION
TOWN OF WAPPING]R /
Alt that lot, parcel of piece of land situate in the Town of Wapp~nger, County of
Dutchess, State of New York, and being a pocket pond easement as shown an the
"]3aisley Van Benscho#en Subdrvtsion Plan" bled as Map No in the
Dutchess County Clerk's Ogee, Poughkeepsie. New York, and being more particularly
descnbed as follows
Hegu~ntng at a pomi on the division line between Lot 1 on the southwest with Lat 2 on
the northeast, said point of beginning being located North 32-36'-33'' West 170 78 feet
from the northwesterly lint of Airport llrive as measured along said division line as
shown on the above-referenced filed map; thence, from said point of beguuttng and
through Lot t the fallowing courses and distances South 57-21'-03" West 84 83 feet;
thence, North 72-I8'-26" West 22 66 feet to a pmnt of curvature, thence, on a curve to
the left having a radius of 30 feet, an arc distance of 37 31 feel to a point of tangency,
thence, on the tangent, South 36-25'-55" West 16 72 feet to a point of curvature, thence,
on a curve to the nght having a radws of 1S feet, an arc distance of 23 77 feet to a point
of tangency, thence, on the tangent, North 52-47'-40" West 10 52 feet, thence,
South 57-22'•07" West 9 24 feet, thence, North 32-53'-37" West 81 ~3 feet, thence.
along the southeasterly line of lands now or formerly the County of Dutt:hcss the
following two courses and distances North 57-Ob'-t}4" East 272 52 feet, thence, North
56-31'-22" East 15 5Q feet, thence, through Lot 2 the rema~rnng courses and distances
South 33-Z8'-59" East 78 48 feet, thence, South 57-22'-O7" West ! 199 feet, thence,
South 32-37'-53" East 11 36 feet; thence, South 36-3~1'-29" West 62 68 feet, thence.
South 57-21'-03" West 45 43 feet to the point of beginning
Containing 4.719 ~/- acres
5ub~ect also to any other nght-of--way, easement, covenantor restrtctton of record
Project No 97-430D
IZEH/pmm
sl?aintasning the survey retards af; L:esnsad srt 1V1; NJ ~ !'!1
Raymond E. Heiasmaa, P.L.L.C. Barger, Campbell, Gray & Ra~liag, P.C. Willis E Tuttle, Jr , P.L S
(1996-Present) (1983-19$8) (196D-1996)
Gray, Rasbng, Hciosman, P C Richard G. I3argrt, P E , L S ~ ~.±.
(1989-1996) (196D-1963) t, .a~ N r$ ~~
))
<<~~h~d 1 ~ I ~.
v
L
7
1)
L
O
O
O
0