Bowdoin Lane COR BALLY, GARTLAND AND RAPPLEYEA
25 MARKET STREET
CHARLES J.CORBALLY 0955) POUG KEEPSIE, NEW YORK 12601 FLORIDA. OFFICE:
JOHN. U.GARTL.AND, JR. 914-454-1910 SCS SOUTH BELC.HER ROAD
RICHARD V. CORBALLY BUILDING E.SUITE 122
ALLAN E.RAPPLEYEA CLEARWATER, FLORIDA 33515
DANIEL F. CURTIN+ 613-451-3144
FIRED W. SCHAEFFER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND Y p.
VINCENT L. DEBIASE January 5 , 1.978
W MEM6.EP N.Y.AND FLORIDA BAR'
Town Board
Town Hall
Mill Street
Wappingers Falls, New Fork 12590
Dear Council Persons :
I enclose herewith a map showing property on
Bowdoin Lane of the Town of Wappinger. Please note
that the structure on the property encroaches upon
the Town easement approximately one root.
The title company representing the prospec-
tive purchaser of this house raised an objection
and wishes the consent of the Town to the contin-
uance of the dwelling on the easement. It seems to
iYae it would serve no useful purpose in requesting
the resident to remove the house , and, therefore,
I recommend that the Town consent to the continuan-
ce of the dwelling on that parcel in that location.
I enclose herewith a resolution for your
consideration.
Very truly yours ,
CORBALLY, GARTLAND & RAPPLEYEA
Allan� . ._RaY.._._.... .. A.......__,..
ppleyea
AER/rb
Encs .
CORBALLY, GARTLAND AND RAPPLEYEA
Affamp mb ( Mutofloro at waku
25 MARKET STREET
CHARLES J,CORSALLY 0966) POUGHKEEPSIE, NEW YORK 12601 FLORIDA OFFICE'
JOHN J.GARTLAND, JR. 914-4S4-1110 50 SOUTH BELCHER ROAD
RICHARD V. CORBALLY BUILDING E.SJITE 122
ALLAN E.RAPPLEYEA CLEARWATER, FLOR&DA 33515
DANIEL F. CU RTI N+ 613-461-3144
FRED W. SCHAErFER
JON HOLDEN ADAMS
MICHAEL G, GARTLAND
VINCENT L. DrUIASE: February 2 , 1978
1
+MEMBER N.Y.AND FLORIDA BAR 31
ELAINE S40V
Town Board fDE#
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls , New York 12590
Re: 27 Bowdoin Lane
Dear Town Board Members :
Your honorable body recently adopted a
resolution concerning the drainage easement
of the Town on property at 27 Bowdoin Lane.
That resolution had attached to it a
copy of a map showing the location of the
premises , and for that reason, the resolu-
tion did not contain the description of the
premises for sake of brevity.
The title company for the purchaser has
asked that the resolution be readopted in
specific language referring to the property.
I enclose herewith the proposed resolu-
tion for your consideration.
Very truly yours ,
CORBALLY, GARTLAND & RAPPLEYEA
Allan E. Rappleyea
AER/rb
Enc .
RESOLUTION
The following Resolution was introduced by Councilperson
who moved its adoption:
WHEREAS, the Town of Wappinger adopted a Resolution on
January 9th, 1978 , referring to a drainage easement owned by
the Town of Wappinger on premises at 27 Bowdoin Lane, Town of
Wappinger, Dutchess County, New York, and
WHEREAS, the Town Board of the Town of Wappinger wishes
to amend said Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Town Board of
the Town of Wappinger hereby amends the January 9th, 1978 Resolu-
tion to read as follows :
"The Town of Wappinger, Dutchess County, New York, hereby
consents to permit the encroachment of the single-family resi-
dential dwelling located on the parcel known as Lot #27 on a
Map entitled "Section 1, Subdivision .Map of Tall Trees , owner :
Brookhollow Builders, Inc. " dated August, 1964, revised October
2, 1964, filed in the Dutchess County Clerk' s Office on October
30, 1964 as Map 73250, being a portion of the premises as con-
veyed by Lilyan Berger to Brookhollow Builders , Inc . by deed
dated March 30, 1964 and recorded in the Dutchess County Clerk' s
Office on March 31 , 1964 in Liber 1122 of Deeds at page 50;
and known as 27 Bowdoin Lane, Wappingers Falls, currently owned
by the Estate of Helene Mulholland and the object of a convey-
ance from said estate to George and Sharon Roche as per a con-
tract of sale executed in November, 1977 , said residential dwell-
ing located on the parcel on the drainage easement held by the
Town of Wappinger .
Said encroachment to be subject to all rights of the Town
to use said easement for drainage purposes in that area not
occupied by the dwelling.
Said consent is conditioned upon the delivery to the Attor-
ney for the Town a release in form acceptable to him holding
the Town harmless , releasing, and otherwise waiving for the
present owner, their heirs, successor and assigns in interest,
any claims which presently exist or which may hereafter exist
as a result of damage caused to the structure as a result of
its location in said easement. Said release shall be in form
permitting recording as. a conveyance.
Be it further resolved if that portion of the structure
located in the easement is destroyed or its use is otherwise
permanently discontinued, no new structure or portion thereof
shall be placed in said easement . "
Dated:
Seconded by. `°:'`~"
IGk The following ."Resolution was introduced duced by Councilman
f5 k
Johnson, who moved its adoption.
WHEREFORE, the Town of Wappinger hereby consents . to permlt
the ,encroachment of the single-family residential dwelling � .
j located .on the parcel on the drainage easement held by the
,! Town of Wappinger.
�3 Said encroachment. to be subject to all rights_ of the
�K Town to use the said easement for drainage_ purposes in -that
area not occupied by t`he dwelling.
. Said consent is conditioned upon the delivery t the
Attorney for the Town a release in form acceptable to him
�a 4.
k
holding the Town harmless releasing, and -otherwise waiving
CT for the present owner, its successor and assigns in .interest
any claims which presently exist or which may hereafter exist
as a result of damage caused to the structure as a result of ,.
3
ij its. Location in said easement. Said release shall be in form r -
k> permitting recording as a conveyance. .
if that portion of the structure locate d in the .easement
is destroyed or its use isotherwise permanently, discontinued,
no now structure ;or portion thereof shall be placedi-i said
easement
a. Seconded by: Councilman Jensen
Roll Call Vote: 4 Ayes Councilwoman Reilly --Abstained
t
Adopted Jan. 9, 1978
r
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�: N,Y.7�IED—Ftdu C.......twith with Lien (FROM n CORPORATIONS TUTBLANX REGISIERen �S, PAT.OFrICE
FORM 582Laws of 1917,Chap.681,Statutory Fora A,:"�,Chap.627 l.awq of 1932) Tuttle-L a w P infY Publishers„Pu1/dnd Ill
Made theda d'
.,. y of October
Xialeteen °unfired and Sixty-four
Between ROO HOLLOW BUILDERS, INC. , with offices at
Beechwood Circle, Wappinger Falls, New York
a corporation or aatized under the lavas of New York State
party of the ,first part, and
Town of Wappinger, a municipal corporation of the State of New "fork., having
an office on Mill Street in the Village of "Wappinger Falls, Dutchess County, New "Fork
part y of the second part,
Witnesseth that the party of thefirst part, in consideration of
- - - - - - - One - - - - - - - - - - - - - - - - Dollar ($1. 00
lawful money of the United States,and other good and valuable considerations
paid by the part y of the second part, clues hereby brant and release unto the
unto the party of the second part;, its successors and asci ns jorez,er, all
that certain plot, piece or parcel of land situate, ,tying and being in the Town of
Wappinger, County of Dutchess and State of New York, bounded and described as
follows:
Beginning at a. point on the Easterly lane of 'Wheeler Hill Road said point being
distant South 43-41-50 i"est80. 00 feet from. the intersection of the Southerly Line.
of lands of Deerhill Conference Center with the Easterly line of said Wheeler H,.11.
Road and running thence on a curve convex to the West having a radius of 25® 00 feet
and a length Southeasterly 39. 27 feet to a point on the Northerly line of a proposed
road, Bowdoin Lane, ; thence along said line the following°. South 46-18-10 East
1.55. 00 feet, South. 44-18-00 fast 1048® 42 feet; thence on a curve convex to the
.fast having a radius of 200. 00 feet and a length Southerly 409, 94 feet, thence South
73-08-20 West 270.72 feet, thence on a curve convex to the Northwest having a
radius of 135. 00 feet and a length Southwesterly 84. 04 feet, thence South, 37-28-30
West 49. 74 feet to a temporary 'Cul-de-sac at the end of aforesaid propos6d. Road,
Bowdoin Dane, thence along said temporary cul-de-sac having a radius of 50. 00
feet and a length of 261., 88 feet to a point on the Westerly line of aforesaid proposed
j :Road, Bowdoin Lane; thence along the Westerly and Southerly line of ,said. Bowdoin
Lane the following: North 37-28-30 .Bast 49. 74 feet, thence on a curve convex to
the Northwest having a radius of 185. 00 feet and a length Northe,,asterly 115. 16
feet; thence North 73-08-20 .Bast 2704 72 feet, thence on a curve convex to the East
having a. radius of 150® 00 feet and a length Northerly 307. 45 feet; thence North
44-18-00 Wiest 783. 72 feet; thence on a curve convex to the North having a radius
of 25. 00 feet and a ,length Southerly 39. 27 feet to a point can the Easterly line of a
proposed road, Cameron Lane; thence along said line ,South 45-42-00 West 184. 37
feet; thence South. 4 --02-00 West 364. 88 feet; thence on a curve convex to the West
having a radius of 25. 00 feet and a length Southeasterly 28. 51 feet to a point on the
Northerly line of a proposed. road, Arr7herst Lane, thence crossing said Amherst
Lane South 67-41-40 West 50. 00 feet to a point on the Southerly line of said
rnherst Larne; thence along said line the following. North 22-18-20 West 109. 31
feet; thence on a curve convex to the Northeast having a radius of 125. 00 feet and
a length Northwesterly 53. 80 feet, thence North 46-58-00 Vest 21.64 75 feet; thence
on a curve convex to the North having a radius of 25. 00 feet and a length Westerly
l
39. 27 feet to a point on the Easterly line of aforesaid Wheeler Hill Road; thence
w p°-r23
along; said line North 43-02-00 :fast 1000 00 feet to a point; thence leaving said
line and running along the Northerly line of a proposed Road, Arr7herst Lane the
following: on a curve convex to the west having a radius of 250 00 feet and a length
Southeasterly 39. 27 feet; thence South 46-53-00 fast 216. 75 feet; thence on a
curve convex to the Northeast having a radius of 175. 00 feet and a length South-
easterly 75. 32 feet; thence on a curve convex to the South having a radius of 244 35
feet and a length Northeasterly 49. 73 feet to a point on the Westerly line of a pro-
ne; thence aloe
posed road, Cameron. Iia g said line North 43-02-0�0 East 320. 36
feet; thence North 45-42-00 East 135. 53 feet„ thence on a curve convex to the
Northeast having a radius of 25. 00 feet and a length Northwesterly 39. 27 feet to
a point on the Southerly line of a proposed Road, Rowdoin Dane; thence along said
13-1.0 West 154. 12 feet
North 46 a
4-1.8-00 West 15�� 33 feet° thence No t
line North 4 a
thence on a curve convex to the North having a radius of 250 00 feet and a length
Southerly 39.. 27 feet to a point on the .easterly line of aforesaid Wheeler Dili
Road,; thence along said line North 43-41-50 East 100. 00 feet to the point of
beginning.
Excepting and reserving to the Grantor, its successors and assigns, title
to water pipes now or hereafter installed in the foregoing premises, together
with the right to repair, replace and maintain said pipes provided that thereafter
said premises are restored to as nearly as possible their original condition and
provided further that said reserved rights shall always be exercised with due
regard for the rights of the public therein.
"Together with any and all drainage easements as shown on, a map of Fall
Trees, Section 1, prepared by Richard Ga Barger, licensed. P. E. &L. S. dated Aug.
1964, revised. Oct. 2, 1964 and filed in. the Dutchess County Clerk's Office on
the day of .. 1964 as Map No. W r
Being; a portion of the premises conveyed by Lilyan Berger to Brook
Hollow Builders, Inc. , by Teed dated the 30th of March, 1964 and Recorded in
the Dutchess County Clerk's Office on March 31, 1964 in Liber 1122 of ]deeds
at Page 50.
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Together with the appurtenai,tces and all the estate and ri_hts of the party
of thefirst.part in aud to said premises,
To have and to hoki the preinises herein )ranted ftnto the party of the
seco,vtd part, its successors an,d assidTIS foreVe,7.
And the, party of the, lirst part covenants as follows:
Frst, Thlat the party, of the first part is seized of said premises in J'ee
simple, and has ffood ri_ght to convey the same;
Second, That the pai1y of the seeorrd part shall quielly enjoy the said
prenlises.
`. hird, Thall the .,;aid preinbces arefree lroin inctmibran,ces;' except as herein-
above stated.
Fourtth, That the 7)arty o/ the,first part will execitl e or 1.)rocttre any I'arther
n eeessary assu.ra71(.,e o/ the title to said, prenlises;
Fn fth, Tltat the party of the flrst part will forever Warrant the title to said
prt,'Mz'ses.
Sixub, That, ir?, C.oinpliaace with `ye(,.,. _13 of the Lien Law, t1te _grantor u."ill
receive the eon,sideration, for this coru,,eyav'we and zt,ill hold the ridlit to, receive stwh
con,qideration. as a trust fund to be applied first lor the Intrpose of'payin-,; the (o st o
the irnproveinent and will apply th.e saine first to the paynuen,t of the oost ()/' the
irnproveTnent before usin.L; any part of the lotal of the santefor an.1jollier purpose.
_htpresouce of
In Witness Whereof., the
party of the first part has caused its corporate
seal to be heretmto affixed, and these presents
to be sig d by its duly authorized officer
this day of October
Nineteen 1--fundred and sixty-four
LD
BROOK HOLLOW BUILDERS, I
f
President
..........
State of New York uOn' this t day of October
t
Conty of Dutchess 8s. Xineteen, Hundred and sixty-four
before me personally came ANGELO A. WILLIAMS, Wappinger Falls,
New York
to -me personally known, who, beino. by me duly sworn, did ,,I�,po,w, and,say that
he resides in Wap:pinger Falls, New York that he is
the President Of Brook Hollow Build�rs Inc.
the corporation described in, and which executed, the wit�tinlnstrumenit; that he
knows the serial of said corporation; that the seat allixed to said [Ttstrumeut is
such corporate seal; that it was so affixed by order o/ the Board of Directors
of said corporation; a-ad that he sidned his name thereto by like order.
N04y Public
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