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Carnwath Farms Cons Easement DeedCONSERVATION EASEMENT DEED THIS GRANT of CONSERVATION ASEMEN ', made this 22nd day of June, 2004 by and between the TOWN of WAPPINGER, a municipal corporation with offices located at gown Hall, 20 Middlehush Road, Wappingers Falls, New York 12590 (hereinafter referred to as "the Grantor"), and the COUNTY of DUTCHE S S, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601, (hereinafter referred to as "the Grantee"). W1 THESS E TH: "EREAS, Grantor is the owner in fee of real property known as the Carnwath Estate (hereinafter referred to as "the Property"); and MRAs, the Property consists of approximately 99.5 acres located along Wheeler Hill Road in the Town of Wappinger, Dutchess County, New York- with vistas and scenic viers of the Hudson River, and WHEREAS, the Property is improved with several buildings, a 19th Century mansion, a large dormitory building, a large chapel building, carriage house and other relatedbuildings; and VVEREAS, the Grantor wishes to impose a Conservation Easement on a portion of the Property consisting of approximately 9 + acres of lana (the Protected Property), and retain all rights on the remaining 6 acres of the Property(the Retained Property) all more particularly described in Exhibit_ "A" attached hereto and incorporated by reference in this conservation casement; and MRAs, the Protected Property and the Retained Property are shown on a Conservation Easement neap attached hereto as Exhibit "B" and incorporated by reference, and on a survey neap entitled "Conservation Easement from Town of Wappinger" prepared by Paggi, Martin & Del Bene, last rcviscl and filed in the office of the Dutcbess County Clerk simultaneously with this rndentur gr ting a Conservation Easement as Map No. �; and WHEREAS, the Protected Property possesses significant recreational, scenic, hist ri a.l and open space features and values; and WHEREAS, the Grantor is, as of the date hereof with the granting of this conservation casement, confirming its commitment to dedicate, develop, preserve, maintain, operate and provide for the public's use and enjoyment of the Protected Property; and WHEREAS, the County has awarded the Grantor a grant under the provisions of the utchess County Partnership For Manageable Growth/Open Space and Farmland Protection. Matching grant Fund, and -0771 WHEREAS, the Protected Property will be dedicated as a public park to be devoted to the preservation of the view -shed of the Hudson River and its environs from the Protected Property and to public open -space purposes, and for outdoor recreational axes, including hiking, as part of the Greenway Frail System or otherwise; and HEREA.S, Grantor has agreed to place restrictions on the Protected Property as part o its transaction with Grantee, while retaining the use of the Protected Property as a public park a defined above; and WHEREAS, the State of New York- has ernaeted Article 9,Title of the Environmental Conservation Law the sante may be amended, "Article 9" to provide for the limitation and restriction of development, management and use of real property by Conservation Easement; NOW, THEREFORE, in consideration of the facts above recited and of the mutual covenants, terns, conditions and restrictions herein contained and other good and valuable consideration, Grantor sloes hereby grant and convey to Grantee, its successors and assigns forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terms, covenants and obligations on Grantor's part to be observed and performed and Grantee's rights to monitor and enforce same, all as hereinafter set forth, over and across the Protected Property (the r'Ea.sementIT). .. Purpose. The Pose of this Easement is to grant to Grantee certain rights to restrict the use and development of the Protected Property to protect in perpetuity its view -shed of the Hudson River and environs, its topography and to the extent compatible therewith, the use of the Protected Property for the purposes of a Public Park dedicated to public open space for outdoor recreational uses including hiking as past of the Greenway Trail System or otherwise, and through such protection, enhance, preserve and protect said Park, its view -shed and topography for the use and enjoyment of the public, The Grantor shall, subject to reasonable teams and conditions, male the Protected Property available to the Greenway Frail System or its successor and other local trail system(s) for use by the general public. In all respects Dutchess County residents shall be treated in the same manner as residents of the Grantor with regard to the use and enjoyment of the Protected Property. 2. Prohibited Uses and Practices. The following uses and practices are inconsistent with the purpose of this Easement and shall be prohibited upon or within the Protected Property, except to the extent permitted by Paragraph 4 hereof: (a) Any commercial, industrial or residential uses of the Protected Property. (b) The constr etion, erection, maintenance or replacement of any buildings, roads, roadways, signs (other than informational or directional signs), billboards, satellite dishes, fences, dock or other structures or improvements of any bind or R-0771 2 nature whatsoever on or over the Protected Property, except solely the Permitted Improvements and rights as defined in subparagraph 4 hereof). (c) Disturbances of the Protected Property's topography, including but not limited to dredging, mining, filling, excavation, grading, removal of topsoil, sand, gravel, rock or minerals, or changing of the topography of the land in any manner except as may be reasonably necessary for the construction, erection, installation, maintenance or replacement of any of the Permitted hnprovements in accordance with the terms hereof or as may be normally and reasonably incidental to any of the uses of the Protected Property expressly permitted hereby. . Affirmative Rights Conveyed, (a) Grantee and its drily authorized representatives shall have the right to eater the Protected Property at reasonable tunes for inspection purposes as contained in Paragraph 6. (b) Grantee shall have the right to review any plans for development, construction or installation of structures or improvements on the Protected Property and the right of approval with respect thereto which right of review and/or approval shall be undertaken within thirty days by the Dutchess Ginty Department of Planning or any successor organization or department, which right of review and/or approval shall not he unreasonably or arbitrarily withheld. 4. Retained Rights of Grantor. Sub j ect to the purpose and provisions of this Easement including without limitation .the provisions of Paragraphs 2 and 3 hereof, and to conditions set forth below, Grantor reserves and retains all customary rights of ownership in the Protected Property to the extent such rights are exercised in a manner whicb is not inconsistent with the purpose of this Basement, including, but not limited to: a The right to construct and maintain the following Permitted l nprovements on the Protected Property: i. Signs or Kiosks for educational, interpretative or public safety purposes. Any such signs or kiosks shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, ancult r l and historic significance. ii. loads, walkways, pathways, trails, benches, gardens, farm fields, and related amenities on the Protected Property so long as their design and layout will not, either individually or collectively, have a significant adverse impact upon the Protected Property and its view -shed, vegctation and landscape and provided that such design, layout and materials are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural R-0771 significance. Any walkways constructed on the Protected Property shall be accessible in accordance with the standards of the Americans with Disabilities Act. iii, Permanent or temporary fences or other barriers as may be necessary to provide adequate protection for the Protected Property or for the purposes of public safety, or a public park, provided however, that such barriers shall not restrict public access to the Protected Property. iv, An amphitheatre for the performing arts, related purposes and activities on an area of the easterly portion of the Protected Property (east of the access vat') where the natural topography will lend itself to such purposes with minimal disturbance to the natural topography, so long as they shall not have a significant adverse impact upon the Protected Property, its view shed, vegetation and landscape, and provided that they are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. v. Structures, barns, buildings and recreational facilities for auxiliary park poses consistent with the purposes of this casement and provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. vi. Roads and parking for those using the Protected Property for the purposes provided herein, provided the parking and goads shall be of a design, size, materials and content that is consistent with the use and character of the site as a preserved open space having scenic, recreational, hor.ticultural, agricultural, historic and cultural significance. (b) The right to conduct: i. Festivals and other temporary public gatherings, educational and cultural activities on the Protected Property so long as those activities will not have a significant adverse impact upon the Protected Property and its view- shed, xe -shed, vegetation and landscape and provided that such activities are consistent with the use and character of the site as a preserved open space laving scenic, recreational, horticultural, agricultural, historic and cultural sipifYlcan e, ii. Scientific or archeological activities which pertain to the study and propagation of the vegetation located on the Protected Property, or to the historic significance of the Protected Property, provided that such activities will not significantly adversel + pact the vegetation, landscape or Protected Property and arc consistent and character of the site s a preserved open space having s e creational horticultural, -0771 agneultural, cultural and historic significance. iii. Farming activities on existing fields provided such activities will not have a significant impact upon the Protected Property and its view -shed, vegetation and landscape and provided that such activities are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural and historic significance. (c)' The right to plant, grog, -trim and remove trees and plants on the Protected Property, so long as any new vegetation planted on the Property will not have any adverse impact upon the Protected Property and its view -shed, and provided such vegetation is consistent nth the use and character of the site as a preserved open space having scenic, recreational horticultural, agricultural and historic significance. (d) The right of ingress and egress to and from the Retained Property for itself, its lessees, tenants and their guests and invitees, successors and assigns, over and across the access way which extends from Wheeler Hill Road to the Retained Property specifically including access to Areas f (4.729-x/-, 2(0.195+-, 3 .121. +/-), and 4(0.3 3 -) as shown on Exhibit B. (e) The right to reprove and/or maintain, reconstruct, rehabilitate and expand existing structures, buildings and appurtenances for park purposes, provided they shall he of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having scenic, recreational, horticultural, agricultural, historic and cultural significance. (f) The right to utilize and maintain existing wells and sanitary systems and to construct new wells and sanitary systems to provide for the needs of the Retained Property, provided they shall he of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having sonic, recreational, horticultural, agricultural, historic and cultural significance. (g) The aright to utilize and maintain existing utilities to provide for the needs of the Retained Property, provided they shall be of a design, size, materials and content that are consistent with the use and character of the site as a preserved open space having sonic, recreational, horticultural, agricultural, historic and cultural significance. (h) The right to install, maintain and reconstruct underground utilities for the needs of the Retained Property in or adjacent to the access way, which extends from Wheeler Dill Road to the Retained Property. R-0771 . Public Access. There shall be public access to the Protected Property, except that access to those areas customarily used for administrative, maintenance, safety and public health purposes, may be restricted. Grantor may promulgate rules and regulations regarding hours of use for the public. . Inspection. Grantee and its authorized agents, employees and representatives shall have the right to enter the Protected Property upon reasonable notice to Grantor, at such tines during nonnal business hours and in such manner as will not unreasonably interfere with Grantor's use of the Protected Property in accordance with this Easement, to examine and inspect the Protected Property to ensure there are no violations, breaches or defaults of any terry, provision, covenant or obligation on Grantor's pant to be observed or performed under this Easement. 7, Enforcement Rights of Grantee. Grantor acknowledges and agrees that Grantee's remedies at lav for any violation of this Basement are inadequate. Therefore, in addition, to, and not 1n limitation of, any other rights of Grantee hereunder at lav or in equity, in the event any breach, default or violation of any tern., provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 30 days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which requires immediate action to protect the purpose of this Easement) Grantee shall have the right a to institute a suit to enjoin of eure such breach, default or violation by temporary and/or permanent injunction, or b to seep or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary .or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be teemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. . Baseline Data. In order to establish the present uses and condition of the Protected Property so as to b able to properly monitor its future uses and condition and assure compliance with the teras hereof, Grantor will make available to Grantee existing documentation in its possession of the natural condition of the Protected Property and Grantee have caused to be prepared such additional documentation deemed appropriate by Grantee, including a survey of the Protected Property showing its relatio sh'to add acent features and properties, and on-site photographs. The aforementioned documentation shall constitute an inventory of the Protected Property's relevant features and conditions (the "Baseline Data"). The Baseline Data shall be kept on file at Grantee's offices and shall be accessible to the Grantor upon reasonable notice during normal business hours. The parties acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the present uses or condition of the Protected Property, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other evidence to assist in the resolution of the controversy. To the extent Grantor and Grantee have initialed the Baseline Data, such Baseline Data shall be presumed to be a correct depiction of the Protected Property as of the date hereof. R-0771 9. Grant in Perpetuity. (a) The provisions of this Easement shall run with and be a burden upon the Protected Property in perpetuity and shall be binding on Grantor and Grantee and their respective successors and assigns, and any party entitled to possession or use of the Protected Property while such party is entitled to such possession or use. Any successor or assign of Grantee shall be a qualified organization within the meaning of Article 49 and shall expressly assume the obligation to carry out the conservation pose for which this Easement is granted and the other obligations of Grantee hereunder. (b) If Grantee or its successor or assign, ceases or fails i to enforce this Easement, (ii)to exist, or (iii) to be a Qualified Organization, and upon the occurrence of such event, fails to assign all its rights and interest in the Protected Property, and delegate all their responsibilities under this Easement to a Qualified Organization, then the rights and interest of Grantee under this Easement shall be vested in another Qualified Organization in accordance with a Cy -fres proceeding of a court of competent jurisdiction. 1. Amendment. This Easement can be modified only in accordance with the common and statutory law of the State of New York applicable to the 'Modification of casements or covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement including requirements imposed on Grantor pursuant to licensing procedures or any authorized governmental licensing or permitting agency. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the purpose of the Easement provided, however, that the parties shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, any regulation issued pursuant thereto, and provided further that Grantee shall agree to the modification of this Easement to conform to such licensing procedures or any other authorized govermnental licensing or permitting agency. 1.1.. Notice. All notices required by this instrument must be in writing, and trust be personally delivered or deposited in a trail receptacle maintained by the United States Postal Service. A nailed notice must be contained in an accurately addressed, sealed envelope, marled for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Notices to Grantor and Grantee shall be addressed to their respective addresses as set for the above, or to such other addresses as they may designate b notice given in accordance with this Paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this Paragraph. Notice shall be deemed given and received as of the date of its personal delivery or the date of its mailing in accordance with this Par gr ph. R-0771 1 . Cooperation Agreement. Grantor and Grantee agree to cooperate to comply with the provisions of Article 49, and the Regulations promulgated pursuant thereto, so that this Easement will qualify, as a. perpetual conservation restriction, thereunder. 13. Indemnification of Grantee. Grantor agrees that Grantee has no affirnmative obligation relating to maintenance of the Protected Property. Grantor f.rther agrees that Grantee has no responsibility relating to costs, claims or liability arising from, personal injury, accidents, negligence, or damage to Protected Property resulting from public or private use of the Protected Property allowed by, ar'sing out of, or resulting from this Easement. Grantor shall indemnify, hold harmless, defend and reimburse the Grantee from and against any and all claims, actions, suits, damages, liabilities, penalties, costs or expenses, including reasonable attorneys' fees, of any find or nature whatsoever on account of injuries to or death of any person or damage to any Protected Property arising out of Grantee' ownership of this Conservation Easement. 14. Grantor's 'title. Grantor represents and warrants to Grantee a that Grantor is seized of the Protected Property in fee simple, and that Grantor possesses full corporate rights and authority to grant and convey this Easement pursuant to this instrument. 1. Grantee' Representations, Grantee represents and warrants that it is a Qualified organization. 16. Farther Conveyance By Grantor. The restrictions on alienation provided for in this casement are in addition to those otherwise imposed on the alienation of parkland. 17. Miscellaneous. (a) This Easement shall be binding on the parties and their respective successors and assigns. The terms "Grantor" and "Grantee", wherever used herein, and any pronouns used in place thereof, shall mean and include their respective successors and assigns. (b) If any provision of this Easement or the application hereof to any person or circumstance is found to be invalid, the remainder of the provisions ofthis Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. (c) In enforcing its rights hereunder with respect to a breach, default or violation of this Easement, Grantee shall talc into account the reasonableness of regtnring Grantor to cure the same and the time required to restore the Protected Property under the relevant circumstances, including but not limited to the season of the year and the accessibility of the Protected Property to Grantor. R-0771 (d) All captions set forth herein are for convenience of reference only, and shall in n event be construed to limit, enlarge or modify any substantive provision of this Easement. 18. Transfer of Development Rights. No development rights in and to the Protected Property, or any part thereof which have been encumbered or extinguished by this Conservation Easement shall be transferred to any location outside the Protected Property, whether pursuant to a cluster development plan or any other agreement or plan for transferable development rights. 19. Extinguishment. If a subsequent unexpected 'change in the conditions surrounding the Protected Property male impossible the fulfillment of the conservation purposes of this Conservation Easement, and if the restrictions are extinguished by judicial proceeding, then, upon any subsequent sale, exchange or involuntary conversion by the Grantor, the Grantee herein shall be entitled to share in such transaction in such proportion as the dollar amount of its respective grant bears to the total appraised value of the Protected Property. It is agreed the Grantee's share of such proceeds as referenced above shall be thirty-three 33% percent. IN WITNES S WHEREOF, Grantor has executed and delivered this Deed of Conservation Easement as of the slate first set forth above. GRANTOR: TE OF NEW YORK ) o'er } SS.: COUNTY OF DITTCHESS } GRANTEE: County of Du ch ss By; William R. Stet , County Executive On thisC2,)---day of June in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH PAOLONI personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the ins urnent, the in ividual, or the person upon behalf of which the individual acted, executed the instrument. t I W, a 4;J w � DOROTHY P. TRAPANI tart' PubliC t PubIi , State of New li r Fi . # OITR4889663 Oualffied In Ulster County STATE OF NEW YOB Commiss !on Expires April 20, 20 L4 S.. COUNTY OF DUT HE S On this 11 day of June in the year 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared WILL ]LAM R. STEINHAUS, p ers ona)ly known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that be executed the carne in his capacity, and that by his signature on the in irnent, the individual, or the person upon behalf of which the individual acted, executed the instrument. fts) 1 0 Notary A1c SUZANNE 1), 01ALMAN Notary 111tiblicT State of New York Qtkalil-ed in Mitchess countyo� C0111111i,,s,i011 L4 -es 2/28/20 Xpil R-0771 Lands of the Torn of 1l ppin er Conservation Easement 94.259± Acre Parcel Town of Wappinger D-Utchess County, New York Beginning t a point, said point being distant: forth o° 44' 00" East 172.80 feet from the north ire terly corner of Lot No. 19 as shorn on a map entitled, "Riverdale Subdivision 11 on file in the Dutchess county Clerk's office as File Map No. 5422, said point of beginning being at the southeasterly corner of lands noir or formerly central Hudson Gas & Electric Corp., Liber 663, Page 412; thence learning said .point of beginning rid said uthe tor) r corner and running along the easterly line of said central Hudson Gas & Electrical corp., forth 280 23' 15" West 121& 16 feet to a point being at the northeasterly corner of said Central Hudson Gas & Electric corp., said point also being on the easterly lira of lands now or formerly Metropolitan Transit Authority; thence leaving said northeasterly corner and running along the easterly line of said Metropolitan Transit Authority the following courses and distances: Borth 351 22' o" East 58.70 feet and North 26' 29' " East 32.98 feet, North 520 05' 20"'East 334.01 feet, North 40° 31' 10" East 588.09 feet, forth 480 09' 0" West 67.02 feet, North 40° 31'40" East 51.15 feet, North 54° 5 1' 3S" East 44.39 feet, North 41 ° 13' 20" East 57.oo feet, forth 47° 31' o" East 100.75 feet, North 430 05' 35" East 100.10 feet, North 4 `13' 00" East 75.00 feet, North 32° 45' 5o" East 25.22 feet, North 40° 48' 10" East 100.01 feet, N or-th 31 ` 27' " East 16 8.19 feet, North 40° 31' 10" East 100.00 feet on a curare to the left having a radius of 6,238,00 feet and an arc length of 460.02 feet (cord = North 3° 24'25" East 459.92 feet), South ° 42'20" East 40.00 feet and forth 30 35' 10" East 92.15 feet to a point being at the southwesterly corner of lnd now or formerly Kemmi (f=ile flap l lo. 7 ; thence leaving said easterly line of Metropolitan Transit Authority and said southwesterly corner and running along the southerly -line of said Kemmi , South o° 53'40" East 502.42 feet to a point being on the southerly line of other lands of Kerr mi , Luer 1231, Page 202, said point also being on the easterly face of a stonewall fence; thence running along the southerly line of said Ke r is along said stonewall face, South 190 12' 0" East 0.00 feet to a point being at the southeasterly corner- of said fern i , said point also being on the westerly line of Wheeler bill Road; thence leaving said southeasterly corner and running along the westerly line of said Wheeler Hill Road, South 19' 12' 00" East 6.27 feet; thence continuing along the easterly line of said Wheeler bill load, South 180 32' 15" East 15.92 feet to a point being in a stonewall fence; thence continuing along the westerly line of said VVheeler bill Road along saidstonewall fence the following courses and distances: South 1° 31' 20" East 217.55 feet, South 170 7' 05" East 63.66 feet, South 191 04' 55,E East 535.56 feet, South 190 36' 00" East 277.12 feet and South 200 1' 1 T East 7.1feet; thence leaving said stonewall fence and continuing along the easterly line of said Wheeler Hill road, South 70`26' 25" Nest 10,96 feet, South 20° 54' 35" East 476.83 feet and North 700 25' 35" East 10,76 feet to a point being in the aforementioned stonewail fence; thence continuing along the easterly line of said Wheeler -bill Road along said stonewall fence the following courses and distances; E�=�Kibit "All To Conser-vation Easement South 190 19' 15" East 157,17 feet, South 21' 08' 05" East 188:96 feet and South 19° 8' 45" East 60.09 feet to a point being at the northeasterly corner of lands now or formerly Vitale, Liber 1497, Page 798; thence leaving said westerly line of Wheeler Hill Road and said northeasterly corner and running along the northerly line of said vit le,'South 711' 46' 50" West 200.00 feet to a point being atthe northwesterly corner of said Vitale, said point alsobeing at the northeasterly corner of Lot No -21 of the aforementioned Riverdale Subdivision; thence e leaving said common corner and running along the northerly line of said Lot l o.21 and the northerly line of Lots No.20 and 19 the following courses and distances; South 71' 46' o" best 26.16 feet, South 71 ° 88' 80" vilest 698.64 feet, South 72° 09' 0" West 199.78 feet, South 711 81' 80" West 47.23 foot, South 710 22'20" West 521 * 19 feet, South 72° 08' 00" West 467.95 feet and South 70° 44' 00" vest 56.80 feet to the point of beginning containing 99.634± acres of land. Excepting from the 99.634± acre parcel of land, a 4.729± acre paroe[, more particularly described as follows - Beginning at a point, said point being distant: forth 25' 41' 19" East 349.29 feet from the'adove described point of beginning; thence leaving the new point of beginning and running the following courses and distances: forth 50' 44� 9�� West 204.99 feet, North 36' 16' 3" East 616.35 foot, North 480 9' " West 147,90 feet, Borth 480 28' 8" East 410.25 feet, South 44° 25' " East 183.49 feet, South 29° 42' 16" West 424.81 feet, South ° 50" 29" East 105,89 feet, South 80° 49' 14" vilest 59.49 foot, forth 7° 11' 09" West 104.57 feet and South 290 47'26" West 551.12 feet to the point of beginning containing 4.729± acres of land. Also, excepting from the 99,684- acre parcel of land, a 0.19± acre parcel, more particularly described ars follows: Beginning at a point, said point being distant: forth 47° 05' 57" East 892.98 feet from the above described point -of beginning; thence leaving the new point of beginning and running the following courses and distances: forth 10° 5 1' 00" East 108,00 feet, South 79" 09' 00" East 80.00 feet, South 10° 51' 00" West 106-00 feet and North 79c' 09' 00" Wet 80.00 feet to the point of beginning containing - 0. 1 9 ± aures, (8,480± square -feet) of land. Also excepting from the 99:684± parcel of land, a 0,121± acre parcel, more particularly described as follows: Beginning at a point, said point being distant: North 4° 8' 89" Bast 600.67 feet from the above described point of beginning; thence leaving the new point of beginning and running the foilowing courses and distances; Forth 180 4 ' 00" East 84.00 feet, south 78' 14' 00" East 63.00 feet, South 16' 46'. 00" vilest 84.00 feet, and forth 78' 14' 00" West 68.00 feet to the point of beginning containing 0.1 1 ± acres (5,292± square feet) of land, Also excepting from the 99.634± parcel of land e 0.330± acre parcel more particularly described as follows: Beginning at a point, said point being distant: North 23' ' 4" East 1,487.92 feet from the above described point of beginning; thence leering the new point of beginning and running the following courses and distances= North 22' 43# „ East 188.97 feet, North 62° 39'44" East 51.84 feet, South 27' ' 6" East 46.40 feet, South 22' 48' 44" Wet 186.26 feet, South 88° 17' 28" West 80,64 feet, and North ' 16' 16" West 40,95 feet to the point of beginning containing 0.330± acres 14,880± square feet) of land. Subject to a 0,454± acre easement to Central Hudson Gas & Electric Corp. on the 99.634 acre per- el,, said easement more particularly described as follows: Beginning at a point, said point being at the above described point of beginning; thence leaving said point of beginning and running along the easterly line of lands now or formerly central Hudson Gas & Electric, Corp,, Liber 663, Page 412, North 28° 23' 15" West 206,00 feet; thence leaving said easterly line of central Hudson Gas & Electric corp, and running through the above described 99.684± acre parcel,. North o' 48' 88" East 100.00 feet and South 28° 23' " Ea st 2 00.9 5 feet to a point being on the northerly line of Lot No. 19 as shorn on the Riverdale Subdivision (File Map leo. 5422); thence running along the northerly line of said Lot No. 19, South 2° 08' Do" Nest 43.77 feet and South 0' 44' 00" West 56.30 feet to the point of beginning containing 0.454 acres of land. Paggi, Martin & Dei Bene, LLP June 113 2004 2000-D336