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Stage Door Lane BANNER & BANNER ATTORNEYS AT LAW 58 ACADEMY STREET P.O. BOX 327 POUGHKEEPSIE, NEW YORK 12602-0327 (914) 454-32LO ABRAHAM L. BANNER PAUL L.BANNER September 29 , 1988 Town of Wappinger Clerk' s Office 20 Middlebush Road Wappingers Falls NY 12590 Re: Stage Door Drive, Town of Wappinger Gentlemen: Please advise us if Stage Door Drive has been accepted by the Town of Wappinger as a Town road. This information is required in connection with a real estate title report herein. Thank you for your kind cooperation. Sincerely yours , BANNER & BANNER Ai Abraham L. Banner ALB/tg WOOD & KLARL ATTORNEYS AT LAW 153 ALBANY POST ROAD BUCHANAN, NEW YORK 10511 (914) 736-0144 THOMAS F. WOOD DUTCHESS OFFICE JOHN J. KLARL ROUTE 52 FISHKILL. NY 12524 SY APPT ONLY TO: Elaine Snowden Town Clerk FROM: Thomas F. Wood Attorney to the Town RE: Stage Door Road DATE: June 247 1988 Enclosed herewith please find the orignial Policy of Title Insurance with respect to Stage Door Road, which was previously accepted by the Town Board. Please file this Policy of Title Insurance along with the Deed for Stage Door Road. If you have any questions, please do not hesitate to contact me. a FULICY OF TITLE INSURANCE o• RECD 729047 SECURITY M n ConJildlera lion 0/ the payment of its charges for the examination u of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in B addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affect- ing the premises described in Schedule A or affecting the interest of the insured a ' therein as herein set forth, or by reason of unmarketability of the title of the i insured to or in the premises, or by reason of liens or incumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may here- after gain priority over the interest insured hereby, or by reason of a lack of m access to and from the premises, excepting all loss and damage by reason of u the estates, interests, defects, objections, liens, incumbrances and other matters set forth in Schedule B, or by the conditions of this policy hereby incorporated u into this contract, the loss and the amount to be ascertained in the manner pro- a vided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and not otherwise. 11 n Witnem Mereof SECURITY TITLE AND GUARANTY COMPANY u has caused this policy to he signed and sealed on its date of issue set forth herein. u w a M a 4 RON D GOLDSAND, AGENT ° " A thoraze i gn "---•-�_... President CONDITIONS CONTINUED FROM INSIDE FRONT COVER Section 6 CO-INSURANCE AND APPORTIONMENT member companies for continuation of liability to grantees of the (a) In the event that a partial loss occurs after the insured makes insured in certain specific circumstances only. In no circumstance an improvement subsequent to the date of this provided for in this section shall this company be deemed to have P q policy, and only in that P Y event, the insured becomes a co-insurer to. the extent hereinafter set Insured the sufficiency of the form of the assignment or other instru forth. went of transfer or conveyance or to have assumed any liability for the If the cost of the improvement exceeds twenty per centum of the sufficiency of any proceedings after the date of this policy, amount of this policy, such proportion only of any partial loss estab- Section 8 SUBROGATION lished shall be borne by the company as one hundred twenty per cen tum of the amount of this policy bears to the sum of the amount of (a) This company shall to the extent of any payment by it of loss this policy and the amount expended for the improvement. The fore- under this policy, be subrogated to all rights of the insured with going provisions shall not apply to costs and attorneys' fees incurred respect thereto. The insured shall execute such instruments as may be by the company in prosecuting or providing for the defense of actions requested to transfer such rights to this company. The rights so trans- or proceedings in behalf of the insured pursuant to the terms of this ferred shall be subordinate to any remaining interest of the insured. policy or to costs imposed on the insured in such actions or proceedings, (b) If the insured is a mortgagee, this company's right of subroga- and shall apply only to that portion of losses which exceed in the tion shall not prevent the insured from releasing the personal liability. aggregate ten per cent of the face of the policy. of the obligor or guarantor or from releasing a portion of the premises Provided, however, that the foregoing co-insurance provisions shall from the lien of the mortgage or from increasing or otherwise modify- not apply to any loss arising out of a lien or incumbrance for a liqui- mg the insured mortgage provided such acts do not affect the validity dated amount which existed on the date of this policy and was not or priority of the lien of the mortgage insured. However, the liability shown in Schedule B; and provided further, such co-insurance provisions of this company under this policy shall in no event be increased by shall not apply to any loss if, at the time of the ocurrence of such loss. any such act of the insured. the then value of the premises, as so improved, does not exceed one Section 9 MISREPRESENTATION hundred twenty per centum of the amount of this policy. (b) If the premises are divisible into separate, independent parcels, Any untrue statement made by the insured, with respect to any and a loss is established affecting one or more but not all of said material fact, or any suppression of or failure to 'disclose any material parcels, the loss shall be computed and settled on a pro rata basis as fact, or any untrue answer by the insured, to material inquiries before 5f this policy were divided pro rata as to value of said separate, the issuance of this policy,shall void this policy. independent parcels, exclusive of improvements made subsequent to Se the date of this policy. ction IO NO WAIVER OF CONDITIONS (c) Clauses "(a)" and "(b)" of this section apply to mortgage. This company may take any appropriate action under the terms of policies only after the insured shall have acquired the interest of the this policy whether or not it shall be liable hereunder and shall not mortgagor. thereby concede liability or waive any provision of this policy. (d) If, at the time liability for any loss shall have been fixed pur- suant to the conditions of this policy, the insured holds another policy section 11 POLICY ENTIRE CONTRACT of insurance covering the same loss issued by another company, this All actions or proceedings against this company must be based on company shall not be liable to the insured for a greater proportion of the provisions of this policy. Any other action or actionsi or rights of the loss than the amount that this policy bears to the whole amount of action that the insured may have or may bring against this company insurance held by the insured, unless another method of apportioning in respect of other services rendered in connection with the issuance the loss shall have been provided by agreement between this company of this policy, shall be deemed to have merged in and be restricted to and the other insurer or insurers- its terms and conditions. Section 7 ASSIGNMENT OF POLICY Section 12 VALIDATION AND MODIFICATION If the interest insured by this policy is that of a mortgagee, this This policy is valid only when duly signed by an authorized signa- policy may be assigned to and shall inure to the benefit of successive torp. Changes may be effected only by written endorsement. If the assignees of the mortgage without consent of this company or its en- recording date of the instruments creating the insured interest is later dorsement of this policy. Provision is made in the rate manual of than the policy date, such policy shall also cover intervening liens or New York Board of Title Underwriters filed with the Superintendent incumbrances, except real estate taxes, assessments, water charges and of Insurance of the State of New York on behalf of this and other sewer rents. ENDORSEMENTS N.Y.B.T.U. FORM 100 D REVISED EFFECTIVE 1/1/63 ADOPTED 12/28/51. AS AMENDED 7/1/69 Policy No. RGCD 7 2 9 0 4 7 SCHEDULE A The premises in which the insured has the estate or interest covered by this policy ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York being the unnamed road on "Subdivision Map prepared for Montfort and Nestler" filed in the Dutchess County Clerk' s Office on 9/9/77 as Filed Map #5224. y P-5 Rev.6/77 ' Name of Insured Policy No. RGCD 729047 TOWN OF WAPPINGFR Amount of Insurance S 5 ,000 -00 Date of Issue January 12 , 1988 The estate or interest insured by this policy is . . . fee simple. . . vested in the insured by means of by two deeds: by John Montfort and Bruce Nestler, also known as Bruce F. Nestler, to the insureds dated May 20, 1987 and recorded in the Dutchess County Clerk' s Office on January 12, 1988 in Liber 1783 cp 173 , and; by Stage Door Early American Galleries, Inc, to the insureds dated November 4, 1987 and recorded January 12, 1988 in Liber 1783 cp 177 . SCHEDULE B The following estates,interests,defects,objections to title,liens and incumbrances and other matters are excepted from the coverage of this policy: 1.Defects and incumbrances arising or becoming a lien after the date of this 5.Title toany property beyond the lines of the premises,or title to areas within policy,except as herein provided. or rights or easements in any abutting streets, roads, avenues,lanes, ways or waterways,or the right to maintain therein vaults,tunnels,ramps or any 2.Consequences of the exercise and enforcement or attempted enforcement other structure or improvement,unless this policy specifically provides that of any governmental,war or police powers over the premises. such titles, rights, or easements are insured. Notwithstanding any provi- 3.Any laws,regulations or ordinances(including but not limited to zoning,building, sions in this paragraph to the contrary, this policy, unless otherwise ex- and environmental protection)astuthe use.mcupancy,subdivision orimprovement cepted,insures the ordinary rights of access and egress belonging to abutting of the premises adopted or imposed by any governmental body,or the effect of any owners. noncompliance with or any violation thereof. 6.Title to any personal property,whether the same be attached to or used in a.Judgments against the insured or estates,interests,defects,objections,liens connection with said premises or otherwise. or incumbrances created, suffered, assumed or agreed to, by or with the privity of the insured. 7 . Any state of facts which an accurate survey might show. 8 . Declaration in Liber 1668 cp 350 . 9 . Utility Agreement in Liber 557 cp 294 . 10 . Notes on filed map no . 5224. .FNo,te. 3 is omitted) . D'ALVIA, WOOD & GRAHAM, P.C. ATTORNEYS AT LAW 153 ALRANY.POST ROAD RAYMOND A.O'ALVIA BUcHA..NAx, NRw YORK FISHKILL OFFICE THOMAS F.WOODy�C�y ROUTE 52 LORA C.GRAHAM 1 J 1 FISHKILL NY 12524 591 43 898-5368 SUCCESSOR TO (914) 736-0144 D'ALVIA a D'ALVIA CROTON-ON-HUDSON OFFICE _ 160 CLEVELAND DRIVE R�reiy � GROTON-ON-HUDSON,NY 10320 Dee F/� (91 4)271-3538 V f91 47 271-4774 . s�y DIRECT ALL CORRESPONDENCE Q�4 TO BUCHANAN December 16 , 1987 Albert P. Roberts , Esq. Crane Wolfson Roberts & Greller 11 Market Street Poughkeepsie, New York 12601 RE : Montfort/Nestler Subdivision Stage Door Road #7235 Dear Al, I- am in receipt of your letter of December 10 ,1987 with respect to the above matter. On December 2nd theoriginal Deed was forwarded to you and if by this writing you have not yet received the same please so advise . I must take exception to your letter of the 10th inasmuch as it is impossible for you .to have called me for six weeks . Since you spoke to me on November 12 , 1987 , 1 have been given only two messages that you would like me to forward the Deed to you, and as I said in my prior letter to you I reluctantly forwarded it to you as opposed to the Title Company. In any event, your partner Bill Crane would be able to tell you from my prior unanswered correspondence to -him, that all correspondence should be addressed to me at my Buchanan address , as is set forth on my letterhead. 3 D'ALVIA, WOOD, FORMAN & GRAHAM, P.C. I trust that in the future should you have anything that you wish to discuss. .you will call and ask that I call you back. Very truly yours , THOMAS F . WOOD TFW/cmp cc : Elaine Snowden,. Town Clerk Ira Pergament, Esq. Frank Cross , Esq . RECEP/Eb DEC 16 1987 CRANE WOLFSON ROBERTS & GRELLER MEN ATTORNEYS X17 COUNSELLORS AX I.AW 1141K ADEN u XANXET STREET POUGHREEPSTE,NEW Yonx 12001 (91-4)454-x200 WILLLiM G. CRANE 90 EAST MA12q STRZIST CARL S.WOLFSON wA1?PINGE8 gAI-LS,NEW YORK 12360 ALBE$T P, 808EaTS STEPHEN L. GRELLER (6ia)a97-2880 MAax I. EEIsM A N December 10, 1987 Thomas Wood, Esq. Route 52 Box 304A Fishkill, N.Y. 12524 Re: Montfort/Nestler Subdivision Stage Door Road #k7235 Dear Tom: As you may recall, I am attorney to John Montfort and Bruce Nestler who own the so-called Montfort/Nestler Subdivision just off Route 9 in the Town of Wappinger. On the 19th day of October, 1987 the Town Board of the Town of Wappinger at a regular Board Meeting passed a resolution accepting the road in said Subdivision as a Town Highway. The road is to be known as "Stage Door Roacl" . The, history of this road dedication is very complicated, but suffice it to say the failure of the Town to accept the roadway delayed final approval of four [4) site plans. In any event, the original deed and supporting documents were sent to your predecessor by my letter dated flay 22 , 1987, a copy of which is attached. I have spoken to Elaine Snowden, Town Clerk, who advises she does not have the deed but believes the same may have been transferred to you. For the last six weeks I have left messages both at your Buchanan and Fishkill Offices and in addition, if you recall, I spoke with you on november 12 , 1987 while we were both in attendance at the Town of Beekman Justice Court, all in an effort to obtain the original deed for recording in the DutchessCounty Clerk' s Office. The Title Company obviously cannot issue title insurance until such time as the deed is recorded. Accordingly, I respectfully request that you forward to me the original deed and supporting documents so that I may deliver same to Bridge City Abstract for recording and, concomitantly issuance of the title report. CANE WoLFsoN $oBERTS & GRELLER ATTORNEYS AND COUNSELLOaS AT I_A% Page 2 Re: Montfort/Nestler #7235 12/10/8.7 Thank you in advance for Your attention to this matter. Very truly yours, ALBERT P. ROBERTS APR/cp Enclosure cc: Thomas Wood, Esq. (Buchanan Office) Thomas Wood, Esq. (Town Office of Wappinger) Elaine Snowden, Town Clerk Town of Wappinger Francois Cross , Esq. Ira Perga.ment, Esq. Allan Greenstein, Esq. Mr. John Montfort TOWN OF WAPPINGER SUPERVISOR TOWN COUNCIL IR£NE M.PAINO VINCENT G.FARINA GERARD J.MCCLUSKEY DAVID E.REIS JUNE A.VISCONTI r TOWN CLERK ' S OFFICE 20 MIDDLEBUSH ROAD R O.BOX 324 WAPPINGERS FALLS,N.Y 52590-0324 (914)297-5771 ELAINE H_SNOWDEN TOWN CLERK October 20 , 1987 Memo To: Planning Board From: Town Clerk' s Office Re: Stage Door Drive Please be advised that .at the regular meeting of the Town Board held October 19 , 1967, Stage Door Drive was accepted as a Town Road, upon the recommendation of the Highway Superintendent. Elaine H. Snowden Town Clerk gr TOWN OF WAPPINGER SUPERINTENDENT - KENNETH T.CROSHIER ♦ (914)297-9451 Mailing Address : R.O. Box 324 -_ 20 Middlebush Road Y Wappingers Falls, ICY ♦ SUPERINTENDENT OF HIGHWAYS 20 OLD ROUTE 9 WAPPINGERS FALLS, N.Y. October 13, 1987 Town Board - Town of Wappinger P.O. Box 324 20 Middl.ebush Road Wappingers Falls , NY 12590 Dear Members of the Board: The road known as "Stage Door Road" in the Town of Wappinger is acceptable to me at this time. Very truly yours , Kenneth T. Croshier KTC:ff CRANE WOLFSON ROBERTS & GRELLEA OCT 5 ATTOF-WEYS AND COTTNSELLO-RS AT LAW RAMS + U MARKET STREET POUGHKEEPSIE, NEW YORK 121301 (914) 454-2200 WILLIAM G. CRANE 90 EAST MAIN STREET CART. S.WOLFSON WAPPINGEB FALLS,NEW YORK 12690 ALBERT P. ROBERTS (914)P-07-2080STEPHEN L. GRELLER MARK I. I2EIS24AN October 1, 1987 RECEIVEp Town Board OCT 5 1987 Town of Wappinger fU�ME �� 20 Mi.ddlebush. Road Wappingers Falls, N.Y. 12590. Attention: Mrs. Elaine Snowden, Town Clerk Re: Piontfort/Nestler Subdivision Dedication Dear Elaine: I have been informed that all items have been completed necessary to effectuate a dedication of the road to the Town of Wappinger. I submit herewith a copy of the Title Report relative to the roadway. By previous transmittal to the then Town Attorney, Jennifer Van Tuyl, I submitted the original deed executed by my clients , together with the appropriate Gains Affidavit and Equalization and Assessment Forms and check for recording charges. Upon resolution of acceptance, I will have the Title Report recertified to the Town of Wappinger with the fee for the same paid for by my client. Very truly yours, BERT F ROBERTS APR/cp Enclosure cc: Mr. Kenneth Croshier, Town Highway Superintendent Mr. Joseph Paggi, Town Engineer Francois R. Cross, Esq. Ira A. Pergament, Esq. Allan Greenstein, Esq. Pir. John Montfort and Mr. Bruce Nestler id July 14, 1987 Albert P. Roberts, Esq. 11 Market St. Poughkeepsie, N.Y. 12601 Re: RGCD 729047 Montfort/Nestler Dear Sir: Please amend Exception 6 as follows: 6. Notes on Filed Map #5224. Attention is called to Note #3 if all the owners of the Agreement in Liber .1668 cp 350 (Copy herewith) , then they have consented to the dedication. Yours very truly F% rg/m Ronald Goand Encl. Cxa.NE WOLFSON R033ERTS Bc GEELLEA ATTORNEYS AND COUNSELLORS AT LAW 11 M2iHHET STREET .POUG$gEEPSIE, NEW YORK 12601 (914)454-2;-00 wIlaj" G. CRANE P. BOBEHNTS AO EAST MAIN STREET Al ERT P. CARL S. ROD] 'WAPPLWGER FALLS.NEW YORK I2.690 -B _ STEPREN I.. GHELLEH (9t4)29r-2980 -rsARg I. REISXA_W September 24 , 1987 Barger, Campbell, Gray and Railing 15 Meyers Corners Road Wappingers Falls, New York 12590 Re: 14ontfort/Nestler Subdivision Atten: Jack Railing Dear Jack: In speaking with Elaine Snowden. yesterday, she advises that she does not have a copy of the "as-built" survey which I am told was prepared by your office in connection with the road dedication. Please advise if you have the originals in your office or if perhaps they have been delivered to the Highway Superintendent. In any event this matter appears to be nearing conclusion and I just wanted to make sure that the Town Clerk had before her all necessary documents so that the matter could be submitted to the Town Board for dedication. Please advise. Very trul .yours, f ALBERT P. ROBERTS APR/cp cc: Elaine Snowden, Town Clerk RECEIVED Mr. Kenneth Croshier John Montfort SEP 25 PA-57, Bruce Nestler ELA KE A. SIIOW� CRANE WOLFSON ROBERTS & GRELLER ATTORNEYS AND COUNSELLORS AT LAW 11 MARKET STREET POUGHKEEPSIE, NEW YORK 12601 (914) 4642200 WILLIAM G. CRANE 90 rA T MAIN STREET CARL S. WOLFSON WAPPINOEH FALLS,NEW YORK 15690 ALBERT P. ROBERTS STEPHEN L. GRELLER (ala)saz-aveo June 30, 1987 MARK I. REISMAN � FI Elaine H. Snowden � � ; Town Clerk � �` , Town of Wapin er - P.O. B.ox 374 :� 20 ASiddlebush. Rd. � Wappingers Falls, New York 12590 Re: Dedication of Stage Road Mlontfort/Nestler Subdivision Dear Elaine: Reference is made to your letter of June 18th, 1987 and received by our office June 24th, 1937. For .your records T enclose letter dated May 22 , 1987 to Jennifer Van Tuyl; Esq. , enclosing the original deed, etc. T believe Ms. Van Tuyl has forwarded the deed to the present Town Attorney. As of the date of: this letter T am still unsure as to the a.nount of the maintenance bond, in as much as Mr. Paggi ' s letter of June 19 , 1987 was unclear in that regard. I am also informed that the title k:eport will be forwarded to you next week. As soon as I confirm the amount of the maintenance bond the . same wi11 be procured and forwarded to you. Please check with the present Town Attorney to determine whether the items forwarded to Jennifer have been passed along to him. Very truly yours , ALBE P. ROBERTS APR/cp. PAGGI & MARTIN Consulting Engineers & Land Surveyors 87-003 (3) 54-56 Main Street Poughkeepsie, New York 12601 914-471-7 898 June 19 , 1987 Crane Wolfson Roberts & Greller Attorneys and Counselors at Law 11 Market Street Poughkeepsie, New York 12601 Attention: Albert P. Roberts Reference; Montfort & Nestler Subdivision Dear Al: I have reviewed the above "As Built" submitted by Jack Railing and have developed the following construction- values: Catch Basins 16 Ea. 1 , 000. 00 $ 16 , 000 . 00 Pipe 1 , 644 l. f. 25. 00 41 , 100 . 00 Pavement Subbase 2, 300 c.y. 17 . 50 40 , 250. 00 Binder 1, 175 Tons 47 . 50 55 , 812. 50 Top 775 Tons 47 . 50 36 , 812 . 50 Monument 7 Ea. 500. 00 3 , 500. 00 $193 , 475. 00 We therefore recommend that the amount of the performance bond be set at the above amount and that the maintenance bond be the stipulated percentage times the above amount. If you are in need of further information, please call. Ver truly yours, Al J e ph Paggi, jl' .", P:hs cc : Jack Railing Jennifer VanTuyl Irene Paino kfaine" S, OWden Ken Croshier jo%eph E.I'a ggi,Jr.,i'.E. Marlin, J Consulting Engineers & Land Sur ve.­���° 54-56 Main Street Poughkeepsie, New York 12601 914--471-7999 June 2 , 1937 Wappingers Town Board IIQ Town Fall " Middlebush Read " Wappingers Falls, N.Y. Re: Proposed Road Medics Stage Road Lear Board Members: Pursuant to the above referenced project, this office has re- viewed the legal description and plans for the proposed permanent Stage Road cul-de-sac submitted by Jack Railing. Our findings are as follows: 1 . Filed Map #5224 , "Subdivision Map Prepared For Montfort & Nestler" , shows and describes Stage Road from its intersection with Smithtown Road to its intersection with Old Route 9 , with a temporary turning circle . Since this turning circle was deemed "temporary" , no permanent right-of-way was provided around the perimeter of the circle. 2 . Filed Map #7996, "Montfort -- 'Nestler Subdivision" , shows and describes a 550 ' i section of Stage Read beginning at its intersection with Smithtown Road, and thence running in a southwesterly direction. The previously described turning circle is shown on this plan as a permanent cul-de-sac, with the appropriate right-of-way around the circle. 3 . The legal description provided by Jack Railing is a combination of the two filed maps . More specifically, the document describes Stage Road as shown on Filed Map #5224, but also includes in its description the modifications to that plan as shown on Filed Map #7996 . it is the opinion of this office that the legal, description of Stage Road provided by Jack Railing is in accordance with Filed Maps 452.24 and #7996, and as such, the document meets with our approval . Joseph E.Paggi,Jr.,P.E, Ernst Martin,Jr., P.F., L.. It is our understanding that the applicants would like to be placed on the next available Town Board agenda for Resolution of acceptance. If you have any further questions or need additional information, please contact this office. Thank you. V�P.'ry truly yours, P r Pagqi for PAGGI & MARTIN cc : Jack Railing Jennifer Van Tuyl C-- � !p '« n:oe s, V�► D STATE OF NEWYORK, COUNTY OF DUTCHESS ss: STATE OF NE �YORK,COUNTY OF 44 7P ss: On the day of May 19 8 7,before me, On the -0'—day of May 19 8 7 -before me personally came personally came John Montfort Bruce Nestler _ L r � to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument; and acknowledged that executed the foregoing instrument, and acknowledged that 7e executed the same. he executed the same. /f < Ndf£ary- Pub is No Public i' ..Y.ord- �s�ch Gem- ` STATE OF NEW YORK,COUNTY OF ' /�� sss STATE OF NEW YORK,COUNTY OF , ss: On the day of 19 ;before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly s sworn,did depose and say that he resides at No. that he is the ' Of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows :the seal of said corporation; that the seal'affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same;and that he,said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 35argain aub Malt 30ttb SECTION WITH COVENANT AGAINST GRAiroYs ACTS BLOCK TITLE No. LOT COUNTY OR TOWN TO RETURN BY MAIL TO: JENNIFER L VAN TtM ATTORNEY AT LAW R7 52,P.Q BOX 299 HOPEWELL JCT,NEW YORK 129V No. ai U C7 b O b ti O V V �j 4 W O V m R h U � q y : a TOGETHER with all right,title and interest,if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. kEA-air � L ESTATE R�Csd�t)ED sof JAN 12193$ � Hca uO� -4 AT PAGfi -/73 ANN 'fit+ ;F{ - AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the,payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above writ6en. IN PRESENCE OF: - JOHNA MONTFORT CVA&- BRUCE NESTLER BOOK 175 A 291 Standard N.Y.E.T.U.Form 8007 DATE CODE JULIUS BLUMBERG,1Ne..LAW BUNK PUBLISHERS ' Eargsln✓t sale deed,with covenant against grantor's acts—Ind.or Corp. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 20thday of May , ninetee ehundred and ity seven 74 E BETWEEN JOHN MONTFORT and BRUCE 'NI;STLER;1 whose address for the purpose of this instrument is g Montfort Bros. ; Elm Street, Fishkill, New York 12524 00 party of the first part,and C �V TOWN OF WAPPINGER, a Municipal Corporation with its Town Hall and principal place of business situate at Middlebush Road, Wappingers Falls, New York 12590 party of the second part, WITNESSETH,that the patty of the first part,in consideration of----------------------------- ----ONE---------'------------------------------------- ($1,00)--dollars, lawful money of the United States, and other good and valuable consideration paid O. by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or a 4�f Nl successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, and being known as a road entitled "Stage�Roobaaff11, as found on a map entitled "Subdivision Map Prepared For Montfort & Nestler", said map filed in the Dutchess County Clerk's Office as filed map number 5224, bounded and described as follows: Beginning at a point on the Easterly side of Old Route 9, said point marking the most Southerly division line of the herein described parcel and the most Southerly line of Stage Road as C found on the aforementioned Filed Map, running thence Northerly i along the Easterly side -of said Old Route 9, North 02-29-00 West 76.13 feet to a point marking the Northwesterly division line of the herein described parcel and the Southeasterly line of Lot #8, running thence Northeasterly along the same in part, and along the Southeasterly line of Lot #7 through Lot #5 on a curve to the left with a radius of 25.00 feet and an arc length of 44.24 feet, thence on a curve to the left with a radius of 100.00 feet and an arc length of 76.31 feet, North 32-25-00 East 115.90 feet; thence on a curve to the right with a radius of 225.00 feet and an arc length of 99.81 feet, North 57-50-00 East 238.76 feet, thence on a curve to the left with a radius of 250.00 feet and an arc length of 90.18 feet, North- 37-10-00 East 668.36 feet to a point marking the Northeasterly line of Lot #6, and the Southwesterly line of Lot #5, thence continuing Northeasterly along said Stage Road, North 37-10-00 East 102,39 feet, running thence on a curve to the right and..through Lot #5 with a radius of 50.00 feet and an arc length of 115.33 feet to a point on the Northwesterly side of the aforementioned Stage Road, as found on Filed Map number 5224, thence continuing Northeasterly along the same, North 37-10-00 East 9.57 feet, thence on a curve to the right with a radius of 310.00 feet and an arc length of 106.71 feet, North 56-53-20 East 113.50 feet, thence on a curve to the left with a radius of 25.00 feet and an arc length of 39.27 feet to a point on the Westerly side of Smithtown Road, said point being South 173 16-45-40 East 123.17 feet and South 33-06-4.0 East 14.84 feet from the Northeast corner of Lot #5 as found on the aforementioned File Map 5224; running .thence Southerly along the Westerly side of said Smithtown Road, South 33-06-40 East .9.5.00 feet and South 47-46-00 East 8.97 feet of a point marking the- Southeasterly division line .the the herein described parcel and saidpointbeing North 47-46-00 West 129.13 feet from the Southeasterly corner of Lot. #4, as found on the aforementioned Filed Map., running thence Southwesterly along the southeasterly side of said Stage Road, and along"`the Northwesterly line of Lot .#4, on .a curve to-the left with a radius of 25.00 feet and an arc length of 32;88 feet, South .56-53-20 West 116.58 feet, thence on a curve to the left with a radius of 250.00 feet and -an arc length of 86..05 feet,- South 37.-10-00 West 24.27 feet, running thence through Lot #4 on a curve to the right with a radius of 50.00 feet and an arc length of 65.50 feet to a point on the Southeasterly side of the aforementioned Stage Road, thence continuing Southwesterly along the, same, South 37-10--00 West 78.6.28 feet, thence on. a curve to the xight "with a radius of 310.00 feet and an arc length of 111.82 -feet, South 57-56-00 West 238.76 feet, thence on a curve to the left with a radius of 1.65.00 feet and an arc length of 73.19 feet, South 32-25-00 West 115.90 feet, ..thence on a curve to the right with a radius of 160.00 feet and an arc length of 144.21 feet and North 65-37-50- West 22.26 feet to- the point or place of beginning. - Containing 2.56 acres of land more or less. Subject to restrictions, restrictive covenants, easements and/or agreements.of record, if any. Title No.. ... 2 14 Premises:- Road (to be e kcited to Town €f Wap- erg on FEW 5224 Purchaser or Borrower: Thi O T�IZPP"ger _ JUL 1. 3 1497 CERTIFICATE AND REPORT ANE .� SECURITY TITLE AND GUARANTY COMPANY certifies to TQC Of. Wappinger that, in consideration of the fees, due and payable upon the delivery of this certificate, it has examined the title to the premises described in Schedule A herein, in accordance with its usu pcdr and agrees .to issue its standard form of f policy in the sum of $` r insuring such interest and the marketability thereof excepting all loss or damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth in this certificate which are not disposed of to its satisfaction prior to the closing of title or issuance of the policy. Such policy will be issued for the amount set forth herein, upon payment of the Company's fees and after the transaction has been closed and the closing instruments have been duly recorded and approved by this Company. This certificate is subject to any question or objection as a result of a continuation of the title to the date of closing or which may be brought to the attention of this company between the date hereof and the date of closing or if there be no closing, between the date hereof and the issuance of the policy. This certificate shall be null and void (1) if the Company's fees therefor are not paid (2) if the applicant, his attorney or agent makes any untrue statement with respect to any material fact or sup- presses or fails to disclose any material fact or if any untrue answers are given to this company to material inquiries before the issuance of this certificate (3) in any event, upon the delivery of the policy. Any claim arising by reason of the issuance of this certificate shall be restricted to the terms and conditions of the standard policy of insurance. In case of insurance of title or interest or lien acquired prior to the delivery of this certificate, the Company assumes no liability except under the policy when issued. The land which is the subject of this transaction, lies in Section Block Lot City of Town of WaPPinger on the Map of the County of `Dutchess f'�r.N �t/^- .-F ----------- Dated: �J`3�117 9 a.m. ----_---------------------_-----------'------ Authorized Signatle Redated and Recertified:- ------------------------------------------- Closer --------------------------------------Closer _ °I If you have any questions regarding this report please communicate with_ ---_____ �2 at / z$ The following estates, interests, defects, objections to title, liens and incumbrances and other matters are excepted from the coverage of this policy: 1. Defects and incumbrances arising or becoming a lien after the date of this policy,except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Zoning restrictions or ordinances imposed by any governmental body. 4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to, by or with the privity of the insured. 5. Title to any property beyond the lines of the premises, or title to areas within or rights or ease- mems in any abutting streets, roads, avenues,.lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps or al.iy other structure or improvement, unless this policy specifically provides that such titles,•rights,.or easements,are insured. Notwithstanding any, provisions in this paragraphto the contrary, this policy, "unless otherwise excepted; insures the ordiriaiy rights of access and egress belonging to.abutting owners. 6. Compliance by the buildings or other erections upon the premises or their use with Federal, State and Municipal laws, regulations and ordinances. 7. Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. NOTE This certificate returns onlysuch conditional bills. of sale chattel most a , ,g`gas,-`see41jty..agreements and/or financing statements as are_properly filed or refiled and indexed=fq :rthe five years last past against the real property herein described in the Register's Office of e -ounty in which saido er p ty is located, or, if there is no Register's Office therein, then in the Couxty`CkiC'sici� thereof TRUST CLAUSE: Mortgages must contain the trust clause required by subdivision 3 of Section 13 of the Lien Law and deeds must contain the trust clause required by subdivision 5 of said.section. a f x' y REPORT OF CLOSING Titleclosed at office of--------------------------------------------------------on------------------------------------------------------19--------bY------_---------------------- By delivery of the following instruments: G.I. — F.H.A. — CONVENTIONAL DEED (Designate Kind) MORTGAGE (Designate Kind) Y------ -- =— -- BY-- --- -- -- -- Dated---------- ------ T — _ Dated--- Insure ated--Insure for $------_—__—_ --_—__-- Amount, $_-_____________--payable in__-------_---------_------- Insure for$----- ----- ---- ------------------ DEED (Designate Kind) MORTGAGE (Designate Kind) BY-------—----— ---------------- -- -_ - -— ----- - _- By__ Cons. $-- -- —------------ -- Insure for -- - —=--— —_ Amount, Dated------------------------- Insure for - -----------— -- ASSIGNMENT OF MORTGAGE Dated-- -=- -- —---- --- Dated - —--- — — -- - ----- Assigns Mortgage Recorded in L.__-___Mp._-___-_Sec------ Cons. ---- ---------------____-- ------_---- __InsInsure ure for $------__—_—_____ —__ _ Assigns Mortgage Recorded in L.___-Mp._.-_Sec------____. Insure for --- SATISFACTION OF MORTGAGE BY ---— ------ ------ - — BY Dated_» — =- ---= =--------------- Dated---- Satisfies Mortgage Recorded in L._--__--Mp----------- Satisfies Mortgage Recorded in OTHER CLOSING INSTRUMENTS ------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------- Parties Present At Closing Attorneyfor Seller-------------------------------------------------Address--------------------------------------------------------------------Tel--------------------------- Attorney for Purchaser__-------___—__--__-__ —_ ------------------- ---- ------------------------------ Attorney for Lender----------— --— — - --------- --------—--------- - R-4 R, GCD 729047 Title No».. THIS COMPANY CERTIFIES that a good and marketable title to the premises described in Schedule A, brances and other matters, if any, set forth in this certificate may be conveyed subject to the liens, incum mortgaged by John Montfort and Bruce F. Nestler b,y the following deeds: (1) ron, crilaswall Realty Corp. dated 8/4/72 and recorded 8/4/72 in Liber 1317 cp 670 (covers more) and (2) froir d 1 Crimswall Realty Corp. dated 12/26/72 and retire 2/26/72 in Liber 1348 cp 258. (covers more) SCHEDULE B in which are set forth the additional matters which will appear in the, policy as exceptions from coverage, unless disposed of to the Company's sati faction prior to the clo,,in,', or delivery of the policy; Disposition 1. Taxes, tax liens, tax sales, water rates, sewer rents and assessments set forth in schedule herein. -- None. 2. Mortgages returned herein ( none). Detailed statement within. 3. Any state of facts which an accurate survey might show. or Survey exceptions set forth herein. 4. Rights of tenants or persons in possession. fully 5. Covenants, conditions, easements, leases, agreements of record, etc., more set forth in Schedule herein:— Declaration in Liber 1668 cp 350. 6 . Notes on Filed map #5224. Attention is called to '-Note #3. We are checking with counsel as to affect of said note if any. 7' . Utility Agreement in Liber 557 cp 294. .NOTE: if the subject transaction is one° involving a sale ,11biect to the mortgage(s) returned in, i1ein number 2 above, and SiMe many lenders now have ihe rnortgage in�trnment 5tate that the debt Nvill beforne due and payalole at the option of the mortgagee, upon, any traO,fcT- Of title, it k recommended that the applicant he not:(�) bond(A) and any agreement modifying said examine the mortgage dociument(s) as well as I i or 0 erms of sucl) instrillnent's especially withmortgage(s), or make jOquiry of t lie 11101-t"agee Of the '"'" "t ' respect to acreleration of the maturity date hi case of UP011 request, we will obtain and furnish, a copy of the recorded mortgage(s) for cost. D - se = JUL 13 1087 �C�71i3 I,LIt'a} CRANE, WOLFSON. ROBERTS &GRELLER MORTGAGE NOTE: Proof is required that premises are not encumbered by a —� Revolving Credit Mortgage. Proof required that the certified owners have not been known by any other married or maiden name or names during the past ten years; otherwise, such other name or names must be disclosed and the searches amended to cover same. NOTE: In order for company to record the closing instruments , the Real Property Transfer Gains Affidavit must be exe- cuted and delivered at closing. NOTE: Possible affect of withholding obligation to transferee herein pursuant to Section 1445 of the Internal Revenue Code, as amended, effective January 1, 1985. See annexed information sheet. This exception will not appear in the title policy, as it represents an obligation against which the policy does not protect. t AFFIRMATIVE INSURANCE CLAUSES A: Policy insures for mortgage purposes that the same have not been violated by the existing improvements. There is no condi-- tion, right of re-entry or forfeiture under which the insured can be cut off, subordinated or otherwise disturbed_ B: Policy insures for P mortgage a e urP oses that except for anchor guys and any wires to the house on the premises, for the pur- pose of servicing the same, the easement affects property lines only and does not exceed ten lines. (10) feet in width inside record l C: Policy insures for mortgage purposes that the exercise of the i rights thereunder will not interfere with the use of any pre- sent improvements on the premises upon which the security of the � t insured mortgage is based. D: Company insures against loss or damage by reason of the future exercise of the same mineral rights in such manner as to cause structural damage to the buildings on the premises. There is no right of surface entry incident to such mineral rights and rights of subadjacent support of the premises are provided. 1 it Pulicr No_ RGCc 7 2 9 0 4 1 St.iH FA iULF1. A }hr 1+rr rri. III chick th*� 111sur(•<l lias ilia estalr ut COVO'14•<1 b" this jml?,cy ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York being the unnamed goad on "Subdivision Map prepared for Montfort and Nestler" filed in the Dutchess County Clerk ' s office on 9/9/77 as Filed Map ;5224. )4 / Cl Copyist_ CentralHud son Gas & Electrid Corporation Poughkeepsle,New York New York Telephone Co, Kingston, N.Y. V � �'���►1rJ tay' D In order to assist in the exkension of electric and telephone ee V ee --J U�1 3 1qg� In the vicinity the undersigned grants an easement to the Central Hudson Gas h Electric Corporation for an electric pole line and to New York Telephone Co. for a telephone pol CRANE,WOLFSON ROBERTS aRELLER line on his her their Its land, including the highways through or next to its, located In the Town of Wappingers Dutchess County,New York. ' This easement shall extend from the property line of State Highway 911 o:: the west in an easterly direction along all roads shown on development map in which location the Central Hud=on Tau & Electric Corporation may construct, operate and main rTl taln an electric line and or New York Telephone Co,may construct,operate and maintain telephone line, including the poles, wires,guye and other equipment required and may J trim or remove trees so as to provide a clearance of 6 feet from their wires. In the event tl3nt both electric and telephone wires are placed across the said property they shall be placed on the flame poles. The exact location of this easement and line tb to be determined initially with due regard both to the requirements of the said corporations and the interest of the undPraigned in retaining the use of the land for the purposes to which It Is now devoted, insofar as this is possible, and the linewill be afterwards removed if it materially Interferes with any other use to which the land may be subsequently devoted orovided that a new location reasonably suitable for the corporations' requirements is mode aysllnble without cost to them, The Central Hudson Gas I Electric Corporation and the New Port Telephone Co. shall reimburee the undersigned for any damae to his her their its property caused solely by the said "rporations In repairing the line to be, located on this easement. This right shallrun to the successors or aasigne of the Central Hudson Gas & Electljlc Corporation and the New York Telephone Co. and Its provisions shall aroly to and bind the heir., legal representatives, successors, aseigns and lessees of the said corror,ti.nns and of the undersigned respectively. Receipt of Sl.OQ in payment for this grant is acknowledged by the undersigned, Hobert W.Dou,ghty L.S. S1cne,i sealed and dellvered xesiding at Beacon, N.Y. June 7, 1936. In the oreeenc. of - Walter Psvitt ACKI10,'lLE1MHdENT BY SUBSCRIBING WITNESS STATE OF NEW YORK _ COUNTY OF DUTCHESS :SS. On this 8' day of Jung 1936 before me personally came Walter Favltt (subecrlb7.ng vitnese) with whom I am personally acquainted to me known and known to me to be the subscribing witness to the foregoing instrument who being by me duly sworn, d1,l depose and say that he resides in Poughkeepsie that he is personally acquainted with Ro%-tt W.Doughty and knowe said person to be the person d-escribed in and who executed the fff_ forec;oinr, instrument;that he the said subscribing witness. was present andel the said person execute the sane and that he duly acknowledged to him the said eubsoribing v.,itness that he ='�ecuted the same and that he thereupon subscribed-his name F.P. witness thereto. Roy E.Clearw:nter lecorded Feb- 3, 1937. 3-57 P.M. Notary Public - Aon cD y�Fep o �� _ o N SFR Eq NOTES. I-LAND IS ZONED HB-2, AND THE PURPOSE OF THE SUBDIVISION IS TO PERMIT THE SALE OF LOTS FOR _USES AS PERMITTED IN THE H13-2 t'ONE,+ 2.PRIOR TO_ANY CONSTRUCTIOX Y LOT APP- ROVAL FOR yW - _R SUPPLY AND SEW&C_E DIS- POSAL MUST BEOBTXI-NED FROM Nt DUTCHESS COUNTY HEALTH ' DEPT. 3:-ROAD IS TO BE PRIVATE ROADWAY'TO BE CONS TRUCTED`,ACCORDING TO TOWN SPECIFICATIONS (BUT NOT OFFERED FOR DEDICATION.) LS/fes ��.7 ,� rvt�cr� 6y 7Xr a, �ew�vr� PERMISSION IS HEREBY GRANTED FOR THE, FILING . . OF THIS MAP IN THE DUTCHESS COUNTY CLERKS OFFICE. THIS MAP DOES NOT C•ON STf'TU T E' A ' ' SUBDIVISION.AS DEFINED.BY "APTER .11 OF THE DUTCHESS:.COUNT SANITATION CsODE. . SI CNEO BY� 1.- 4 OUICHL: UN1Y CLERK' FFIddER EC V :ON TN DAY -- 1985 --Fllt NU. �9s AT M _ _ 389 COR D IN 'BOOK Na p „ f.EE FAIq' lNDCXED BY Al P DINED . DECLARATION OF EASEMENT, RIGHTS OF WAY COVENANTS, RESTRICTIONS AND AGREEMENT FOR USE OF PRIVATE ROAD t This DECLARATION made the day of May, 1985, b and between, JOHN MONTFORT and BRUCE F. NTSTLER, whose address for the purposes of this instrument shall be in care of CRANE, WOLFSON, ROBERTS AND GRELLER, ESQS. , 11 Market Street, Poughkeepsie, N. Y. 12601, hereinafter referred to as the "DECLARANTS", W I T N E S S E T H : WHEREAS, the DECLARANTS are the owners of certain premises containing approximately 18 + acres, located in the Town of Wappinger, .Dutchess County, New York, which premises ha been subdivided into 8 lots, and which premises are more partic ularly described in a certain subdivision plat known as "Subdivision Map Prepared For Montfort and Nestler, Town of Wappinger, Dutchess County, New York", made by Richard G. Barge P. E. and L. S. , dated June 1, 1974, revised January 11, 1977, and revised January 28, 1977, and filed in the Dutchess County Ir ` _ „ Clerk's Office on the 9th day of September, 1977, as Map #5224, which premises are hereinafter referred to as the "SUBDIVISION" and CRANE WOLFSON. ROBERTS t GRELLER WHEREAS, the DECLARANTS are desirous of developing °°•••"°•• < the property as a commercial subdivision with the individual °°•~•• °~•..... lots to be used by commercial and/or retail users in accordance i i Ej With the Zoning Ordinance of the 'Town of Wappinger, Dutchess County, New York; and WHEREAS, the unnamed roadway contained within said SUBDIVISION has not been accepted by the Town of Wappinger, New York, as a public Town Hiqhway; and WHEREAS, said roadway is to be operated, repaired and maintained to the standards and specifications required by the Town of Wappinger, New York, by the individual .lot owners of the lots within the SUBDIVISION, until such time as the same :is accepted as a public roadway by the Town of Wappinger , or- any other municipal body; and WHEREAS, DECLARANTS have deemed it desirable for the efficient and orderly preservation of the values and amenities in said commercial community, to set forth the rights, duties and obligations of each of the individual lot owners with respect to the ownership, operation, repair and maintenance of the roadway within said SUBDIVISION by imposing the following EASEMENTS, RIGHTS OF WAY, COVENANTS, RESTRICTIONS, RESERVATIONS AND CONDITIONS on all of said lots which same shall run, with the land. NOW, THEREFORE, DECI,ARANTSherE±by declare Ithl l- a11. ofd k the real property described above shall be held 'sold: and. coriveyeC Subject to the following EASEMENTS, R?-.cH ^- -= 4fi'f, COVENANTS, - A'+,f WOLF ON RESTRICTIONS, OBLIGATIONS, A„REEMENTS AND CONDITIONS whic., ai ROOERTS GRELL.ER .,,,..., .. hereby imposed for the purpose of protecting the value and desirability of, and which shall run with the real property above described, and shall be binding upon all parties having or z - m[R IG68 ;, 351 _. --- -- LIBER 1668 w r 352 tjo2 acquiring title or interest in any of the lots in the above described SUBDIVISION, or any- part thereof, their. heirs , successors and assigns , and which shall inure to the benefit of each lot owner thereof , as follows : 1. MUTUAL EASEMENT AND RIGHT OF WAY. Until such time as the unnamed roadway within the SUBDIVISION is accepted by the Town of Wappinger, or other municipal entity, each of the individual lot owners within the SUBDIVISION shall have a perpet- ual easement and right of way in, on, under and over the said unnamed roadway as described within the SUBDIVISION PLAT, for the use by the owners thereof, their agents, servants , employees, customers, suppliers, business invitees and other members of the public, for all ordinary purposes of ingress and egress by foot o vehicle of every kind, and ordinary and usual installation of public utilities (gas, electric, telephone, water , sewer, and storm sewer) , in, on, under and over the said unnamed roadway to and from the nearest public highway. 2 . MAINTENANCE AND REPAIR. Until such time as the . unnamed roadway within the SUBDIVISION is accepted by the Town of Wappinger, New York, or. anv i i under all traffic and weather conditions, by the individual lot owners within the SUBDIVISION, to the standards and specifications required by the Town of Wappinqer. 3. RESERVATION OF RIGHT TO DEDICATE ROAD. Notwithstanding anything to the contrary herein contained, t„e qrantors expressly reserve to themselves, their heirs and personal representatives, the right to dedicate the roadway as described within the SUBDIVISION PLAT, to the Town of Wappi.nger, Dutchess County, New York; or any other municipal entity, for use of same as a public highway and/or roadway. 4. ENFORCEMENT. Enforcement of any of the rights, obligations, covenants, contained herein shall be by proceedings at law, or any equity, against any lot owner, person or persons violating or attempting to violate said rights, C covenants, either to restrain or to recover for damages, together with interest, costs and reasonable attorneys fees, in an amount to be fixed by the Courts. 5. SEVERABILITY. Invalidation of any one of these obligations, covenants or restrictions by -judgment or count order, shall in no way affect any other provision, which shall remain in full force =nd effect. 6. DUR'1TION. The EASEMENTS, RIGHTS OF WAY, � CRANE WOLFSON COVENANTS, RESTRICTIONS, OBLIGATIONS, AGREEMENTS AND CONDITIOAS ROBERT.t GRELLER ... herein set forth, shall run with the land (each of the individual W~.,..,...,,.� lots) and shall be binding upon and inure to t,e benefit of t1-:c .a.,.,.;.,.._,o.. espFetive owners of the individual lots, and their rer.;pectivc -1r� - 4 yyur.r A`. � A^u1!Jq� - Yb+Y`Y Tii1iLY 7L. �ralY ll,...w�j��YlI�YnYY�'�..rp ie _..—• - YY'' I a 16Ga NAM heirs, successors, assigns, leszees, future grantee_ and I existing and future mortgagees having any interest in eny of a . the individual lots contained within the SUBDIVISION PLAT. : IN WITNESS WHEREOF, JOHN MONTFORT and i ; BRUCE F. NESTLER, have caused these presents to be signed on the day and year first above written. JAN MONTFORT T.�itz«-� Ylca�i BRUCE F. NESTLER STATE OF NEW YORK ) ss. : COUNTY OF D ) On the 16 day of May, 1985, before me personally came JOHN MONTFORT, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Trr pERTS Notary Public Notary LFubil; P. , '� New York NO �Q county. Qua4licd_u� s0, Term Emil.:. 191, / STATE OF NEW YO ) ) ss. : COUNTY OF Y ) CRANE WOLFSON On the l6 day of May, 1985, before me personally came ROSERTS 4 GRELLER BRUCE. F. NESTLER, to me known to be the individual described in "°'~"' •° and who executed the foregoing instrument, and acknowledged that °°°~•• °'• ' he executed the same. Im ro°<•..`...„�.°.. .��� -cam - i *r. Nt ars '�. Hit_'rf Pubilc St.�: 'yew Yolk No 3� ' Notary Public V 5 _ Tan&PF il1 u 0?n 7 I 277 Upon seconding this motion, Mrs. Paino noted that the notices of budget work shops sent to the new media, Town Board and pertinent department heads, it clearly states that executive session will be held an the portions of the hearings relating to personnel matters, salary negotiations and in the case of the Highway Department, the contract with the C.S.E.A. , pursuant to the Open Meetings Law. This is the policy that has been followed previously and if it is Mrs. Visconti' s wish to put this into a motion, she had no objections and would second the motion. Resolutions --- At the last meeting the acceptance of Stage Door Drive as a Town Road was tabled pending the recommendation of the Highway Superintendent. Mr. Croshier's recommendation of acceptance has been received and all documents are in proper form and content. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that the recommendation of the Highway Superintendent be accepted, and Stage Door Drive in the Montfort-Nestler Subdivision, be accepted as and for a Public Road in and for the Town of Wappinger. Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays Another item tabled from the last meeting was the request of M & 0 Sanitation to withdraw their bid on Sludge Removal and return their Bid Bond. The Attorney had reviewed the matter and explained that this bid was the only one received for Sludge Removal and the company does have some responsibility to the Town. He recommended that he and the Engineer meet with a representative from M & 0 to discuss the matter and make a further recommendation to the Board at their next meeting. A Public Hearing having been held by the Town Board on October 19th, 1987 on a proposed Ambulance District, the matter was placed before them for their consideration. It was brought forth at the Public Hearing by residents of the Chelsea area that they are presently being serviced by volunteers of the Beacon Fire District at no charge to them. When this fact was disclosed Councilman Reis requested the Attorney to check into this matter as it was not the intent of the Board to charge these residents for a district A 291 atand.d N.Y.B.T.U.Form 8007 DATE CODE JULIUS BLU MAERG,INC..LAW BLANK PUEL SHERS Bargain&We deed,with covenant against grantor's acts—Ind.or Corp. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the `7 day of nineteen hundred and eighty-seven BETWEEN STAGE DOOR EARLY AMERICAN GALLERIES, INC. whose address for the purposes of this instrument shall be Route 22, Pawling, New York, party of the first part,and TOWN OF WAPPTNGER, a 14unicipal Corporation with its Town Fall and principal place of business situate at Middlebush Road, Wappingers Falls, New York 12590, party of the second part, WITNESSETH,that the party of the first part,in consideration of----'---- ———————————————- -----ONE--- ——————— ------------- ------- ---C$1,00)^--- dollars, .w., ._. - ^—^-actual----- --- -— paid lawful money of the United States, ' by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or F,( successors and assigns of the party of the second part forever, V ALL that certain plot, piece or parcel of Iand, with the buildings and improvements thereon erected, situate, w � a i lying and being in the Town of L•;lappinger, County of Dutchessp a State of ft New York, and being known as a road entitled "Stage yl` d , as found on a map entitled "Subdivision Map Prepared For Montfort & Nestler", said map field in the Dutchess County Clerk's Office as filed map number 5224, bounded and described as follows: Beginning at a point on the Easterly side of Old Route 9, said point marking the most Southerly division line of the herein described parcel and the most Southerly line of Stage Road as found on the aforementioned Filed Map, running thence Northerly C along the Easterly side of said Old Route 9, North 02-29-00 West ` 76.13 feet to a point marking the Northwesterly division line of the herein described parcel and the Southeasterly line of Lot #'8, running thence Northeasterly along the same in part, and along the Y001 i` c71n' a;� T�Z #� n cuerve to the left/ wit on a curve o t o le'ff wi a r ius f �0 0 g and an arc length of 76.31 feet, North 32-25-00 East 115.90 feet, thence on a curve to the right with a radius of 225,00 feet and an arc length of 99.81 feet, North 57-50-00 East 238.76 feet, thence on a curve to the left with a radius of 250.00 feet and an arc length of 90.18 feet, North 37-10-00 East 668.36 feet to a rcint Parking the Northeasterly line of Lot #6, and the Southwesterls litre of Lot #5, thence continuing Northeasterly along said Stage Road, North 37-10-00 East 102.39 feet, running thence on a curve to the right and. through Lot 1#5 with a radius of 50.00 feet and an arc length of 115.33 fret to a point on thc: i4orth,eGterl side of the a orenentioned Stage aoad, as found or riled Map nunber 5224, .thence continuing Northeasterly along the same, 1=Orth 37-10-00 East 9.57 feet, thence on a curve to the right with a radius of 310.00 feet and an arc length of 106.71 feet, North 56-53-20 East 113.50 feet, thence on a curve to the left with a radius of 25.00 feet and an arc length of 39.27 feet to a point on the Westerly side of Smithtown Road, said point being South VOKI 77 r� .iL V STATE OF NEW YORK, COUNTY OF SO STATE OF NEW YORK, 006141,J9 Bre Ss. On the clay at 19 before me On the day of 19 before me personally came per'sonatly carne to me known to be the individual described in and who to me known to be the 'individual described in and who executed The foregoing instrument, and acknowledged that executed the foregoing :instrument, and acknowledged that executed the same. executed the same. ,.. STATE OF NEW YORK, COUNTY OFpDUtCl1eSS, ss STATEOFNEW,YORK,COUNW OF F�8 0 the day of 19 , before nae Oil the � dayy of � 19 �]. before me personally came A 0 try C ermcln personally came m so known, who, being by xa� duly swain, did depose and ' the subscribing witness_to-the -foregoing instrument, with say thal he resides at c/a Route-22, Pawling;; wham f arta personally acquainted, who; being by zeas Bialy that he is the ` sw'o,rp, did depo$e and say that he resides at No. New York. P resident ' _ of Stage Door Early American Galleries that he knows Inc. the corporation described in and which executed the 16reg'oihk instrument;"that' he to be the individual knows the seat of said corporation; that the seal affixed described in and who executed the foregoing instrument, to said instrument is such corporate seal; 'that it was -so that he;. said subserilting:_wviti5ess, was present and stare affixed by order of tile.board ,of ,directors,.of said corpora' ., execute the same;and that be, said witness, tion, and that he signed hiSname thereto by like order. at the sante time subscribed h name as witness thereto, Notary Public * " Rrgain anb bate eeb SECTION WITH COUNANT A(;AiNST CRANToies ACTS 'BLOCK TITLE No.' _ LOT COUNTY OR TOWN Wappinger STAGE DOOR EARLY AIVERICbN GALLERIES, INC. Dutchess County TO TOWN OF WAPPINGER RETURN BY MAIL TO: TOWN OF WAPPINGER Crane, Wol on, oberts & Greller 11 Market St �tt, Poughkeeps' , N.Y12601 Attn: lbert P. Rlerts Zi, Nn RETUPN BY MAIL ";O: u Jennifer_ L, Van Tuyl, Fsq. „ mac, r P.O. oY 2�.n Hopewell Junction, 'NY 12533 cb m c b a v 4 4 G C4 Gti N m as P 4 91 n W �i TOGETHER with all right,title and interest,if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the beirs or successors and assigns of the party of the second part forever. Z(o tv �F'' rV i S2S {Yfi3{4TYiaEAC7r t i BOOK No.. tb ChAT ® , AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any either purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. i + yllof 1N PRESENCE OF: STAGE DOOR EARLY AMERICAN�G R S�S6NC: by: ; V8 16-45-40 East 123.17 feet acrid South 33-06-40 East 1-4`.34 feet from the Northeast corner of Lot #5 as found on the aforementioned File Uap 522.4, running thence Southerly along the Westerly side of said Smithtown Road, South 33-06--40 East 95.00 feet and South 47-46-00 East 8.97 feet to a point mar�.in.g the Southeasterly division line of the:herein described parcel and said point being North 47-46-00 West 129.13 feet from the Southeasterly corner of Lot 04, as found on the aforementioned Filed Map, running thence Southwesterly along the Southeasterly side of staid Stage toad, and along the Northwesterly line of Lot #4, on a curve to the left Twith- a`'ra.dius of 25.00 feet and an arc length. of .32.88 feet, South 56<-53-2.0 West 116.58 feet, thence on a curve to the left with a radius'of 2'5Q:00- feet and an arc length of 86.05 feet, South. 37-10-00 West 24.27 feet, running thence through. Lot #4 on a curve to the right with^a radius. of 50.00 feet and an arc length of 65.50 feet to a point on -the Southeasterly side of the aforementioned Stage Road, thence. corti_nving Southwesterly along the same, South 37-10-00 West 786.28 .feet, thence on a curve to the right with a radi=us of 310.00 feet and an arc length of 111.82 feet, South 57-SG-00 West 238.76' feet, thence on a curve to the left with a radius of 165.00 feet and an arc length of 73.19 feet, South 32-25-00 West 115*90 feet, thence on a curve to the right with a radius of 160.00 feet and an arc length of 144.21 feet and North 65-37-50 West 22.26 feet to the point or place of beginning. Containing 2.56 acres of land more or less. Subject to restrictions, restrictive covenants, easements and/or agreements of record, if any. A