Erin Sue Drive VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS,NEW YORK 12594
(914) 298-2000
GFRALD A,VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS:
KENNETH M.STENGER DALE O'DONNEI.L
ALBERT P.ROBERTS AMY E.WOODARD
IRA A.PERGAMENT
ANTONIA T.LUCIA. POUGHKEEPSIE OFFICE
JOAN F.GARRETT** 276 MAIN MALL
THOMAS R.DAVIS POUGHKEEPSIE,NY 12601
CHRIS MULARADELIS (914)452-1046
*ADMITTED TO PRACTICE ADDRESS REPLY TO:( )POUGHKEEPSIE
IN NY&FLA.
. O WAPPLNGERS
**ADMTrMD TO PRACTICE
IN NY&CONN.
March 5, 1998
First National Bank of the Hudson Valley
200 Main Street
Beacon, New York 12508
Attn: John H. Lamoree, Vice President
Re: Hunt Subdivision Letter of Credit
Posted by O'Donnell Development Corp.
Our File No: 12494.0058
Dear Mr. Lamoree:
This letter will acknowledge receipt of the revised Letter of Credit terminating December 23,
1998. The original thereof has been delivered to the Town of Wappinger. Accordingly, I am
returning herewith original Letter of Credit bearing number 326/33339601 .and terminating on
May 22, 1998.
Thank you for your courtesy, cooperation and attention to this matter.
Very truly yours,
VERGIL�S STENGER, ROBERTS & PERGAMENT
ALBERT P. ROBERTS
APR/jwm
Enclosure
PC: Town Board, Town of Wappinger
Hon. Elaine Snowden, Town Clerk
Tadd S. Stall, Esq.
VFRGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS NfLAW
1136 RO[JTE 9
WAPPINGERS FALLS, NEW YORK 12590
(945) 298-2000
GERALD A,VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS
KENNETH M, STENGER e-mail:VSR11@Be�tWeb.Net AMY E.WOODARD
ALBERT ROBERTS KRISTEN S.GUTHRIE
IRA A. PERGAMENT
ANTONIAT.LUCIA POUGHKEEPSIL, OFFICE
JOAN F.GARRET'r- 276 MAIN MALL
THOMAS R.DAVIS POUG]IKEEPSIL,NY 12601
MAWA .1.GRECO (845)452-1046
ADMIT"7111)"F0 PRA(TICE )POLGHKEETSH7
IN NY&FLA. WAPPIN(iERS
"AIWITH;0"I-0 PRACTICT
IN M CONN.
December 20, 2000
Elaine Snowden, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590 0jFC
Re: Hunt Easement
File No.. 12951 .0154
Dear Elaine:
Enclosed please find herewith original Grant of Permanent Drainage
Easement in favor of the Town of Wappinger as Grantee from Paul
Hunt as Grantor recorded with the Dut chess County Clerk's office on
August 7, 2000 under Document No. 02 2000 6903.
Very truly yours,
VERGI IS, STENGER, ROBERTS & PERGAMIIENT
ALBE R) P. ROBERTS
APR/bg v'
cc: Hon. Constance 0. Smith
Joseph E. Paggi
DUTCHESS COUNTY CLERK RECORDING PAGE
RECORD & RETURN TO :
RECORDED : 08/07/2000
ROMBOUT ABSTRACT CO
PO BOX 227 AT: 14 : 52 : 57
BEACON NY 12508
DOCUMENT 02 2000 6903
RECEIVED FROM : ROMBOUT ABST ,
GRANTOR: HUNT PAUL
GRANTEE : WAPPINGER TOWN
RECORDED IN: DEED TAX
INSTRUMENT TYPE : RW DISTRICT : WAPPINGER
EXAMINED AND CHARGED AS FOLLOWS :
RECORDING CHARGE : 29 . 00 NUMBER OF PAGES : 4
TRANSFER TAX AMOUNT: _0_
TRANSFER TAX NUMBER: 4000174
E & A FORM: N DO NOT DETACH THIS PAGE
THIS IS NOT A BILL
TP-584 ; N
COUNTY CLERK BY: FRS
RECEIPT NO: R44444
BATCH RECORD : B00022
RICHARD M. ANDERSON
County Clerk
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STATE OF NEW YORK, COUNTY OF DUTCHESS SS: STATE OF NEW YORK, COUNTY OF ss:
On the -','X qday of June 19 95,before me On the day of 19 before me
personally came personally came
PAUL HUNT
to me known to be the ' described in ho to me known to be the individual described in and who
executed the foregoing mstrament� and acknowl ged that executed the foregoing instrument, and acknowledged that
he executed the sa e. executed the same.
NOTARY PUBLIC
AINTHCA 'L.PALI?N,4ES
k'WAR-'t=,;pt:C.S.l?le all Nle,,k York
Q4e'i€lied ir,DufcNtas_s 1.04rity {
Comm,ssion Expires AuAisl31,A
STATE OF NEW YORK, COUNTY OF SS: 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 duty 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
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 do 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 anb bale -Beep SECTION
WITH COVENANT AGAINST GRANToa's ALTs BLOCK
TITLE No.
LOT
COUNTY OR TOWN
TO
RETURN BY MAIL TO:
Zip No.
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SCHEDULE "A"
,T All that certain plot, piece or parcel of land with the buildings
and improvements tlreon erected, situate, lying and being in the
!J Town of Wappinger, County of Dutchess and the State of New York.
0 BEGINNING at a point along the northerly line of Ketchamtown Road
and said point being the intersection of the northerly line of
'I Ketchamtown Road with the southwesterly corner of Lot No. 2 as
shown on a certain map entitled Subdivision for Paul Hunt Section
I and filed in the Dutchess County Clerk's Office as filed Map No.
9605, thence in a westerly direction along the northerly line of
Ketchamtown Road, North 50-22-10 West 100. 00 feet to the
southeasterly corner of Lot No. 1 of the aforesaid filed map,
thence in a northerly direction along the easterly line of Lot No.
1 in part and the westerly line of Erin Sue Drive the following
courses and distances, thence on a curve to the left with a radius
of 25. 00 feet and a length of 39. 27 feet to a point, thence North
39-37-50 East 36.90 feet to a point, thence on a curve to the left
with a radius of 340. 00 feet and a length of 89. 09 feet to a point,
thence North 24-37-00 East 186. 79 feet to a point, thence on a
curve to the left with a radius of 275. 00 feet and a length of
53 .54 feet to a point, thence North 13-27-39 East 168. 26 feet to a
point, thence on a curve to the left with a radius of 25. 00 feet
and a length of 21.74 feet to a point, thence on a curve to the
right with a radius of 52.50 feet and a length of 61. 91 feet to a
point, thence North 13-27-39 East 76.90 feet to a point along the
southerly line of the lands of now or formerly Keller, thence in a
easterly direction along the southerly line of Keller South 38-35-
50 East 65.78 feet to the southwesterly corner of the lands of
Keller, thence on a curve to the right with a radius of 52 . 50 feet
and a length of 126.24 feet to a point along the easterly line of
Erin Sue Drive, thence in a southerly direction along the easterly
line of Erin Sue Drive the following courses and distances, thence
on a curve to the left with a radius of 25. 00 feet and a length of
21.74 feet to a point, thence South 13-27-39 West 168.26 feet to a
point, thence on a curve to the right with a radius of 325. 00 feet
and a length of 63 .28 feet to a point, thence South 24-37-00 West
186. 79 feet to the northwesterly corner of the aforesaid Lot No. 2 ,
thence in a southerly direction along the westerly line of Lot No.
2 the following courses and distances, thence on a curve to the
right with a radius of 390. 00 feet and a length of 102 . 20 feet to
a point, thence South 39-37--50 West 36. 90 feet to a point, thence
on a curve to the left with a radius of 25. 00 feet and a length of
39 .27 feet to the point of beginning. Containing 0.91 acres of
land more or less.
v
DUTCHESS COUNTY CLERK RECORDING PAGE
RECORD & RETURN TO:
RECORDED: 08/07/2000
ROMBOUT ABSTRACT CO
PO BOX 227 AT: 15 : 02 : 18
!� BEACON NY 12508
;
' DOCUMENT # : 02 2000 6906
,
}' RECEIVED FROM: ROMBOUT RBST
GRANTOR: HUNT PAUL
GRANTEE : WAPPINGER TOWN
RECORDED IN: DEED TAX
INSTRUMENT TYPE : EASE DISTRICT: WAPPINGER
EXAMINED AND CHARGED AS FOLLOWS :
RECORDING CHARGE : 38 . 00 NUMBER OF PAGES : 7
TRANSFER TAX AMOUNT:
TRANSFER TAX NUMBER: #000176
E & A FORM: N *** DO NOT DETACH THIS PAGE
*** THIS IS NOT A BILL
TP-584 : Y
COUNTY CLERK BY: FRS /
RECEIPT NO: R44468
BATCH RECORD: B00046
RICHARD M. ANDERSON
County Clerk
�5s
0 2 2 0 0 0 6 9 0 6 �Uti*
GRANT OF PERMANENT DRAINAGE EASEMENT
d. THIS INDENTURE, made the (ate day of June, 1995, between PAUL HUNT,
residing at Judy Lane, Fishkill, New York, 12524, (herein referred to as the
"GRANTOR"), and TOWN OF WAPPINGER, a municipal corporation with offices at
4 Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York,
hi�
12590, (herein referred to as the "GRANTEE"),
WITNESSETH :
In consideration of the sum of ONE ($1 .00) DOLLAR, lawful money of the
United States, actual consideration, and in the further consideration of the promises
set forth below, the GRANTOR hereby grants and releases unto the GRANTEE a
PERMANENT DRAINAGE EASEMENT AND RIGHT-OF-WAY for the following uses and
purposes upon the following terms and conditions:
1 . GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. The
GRANTOR grants unto the GRANTEE a PERMANENT EASEMENT and RIGHT-OF-WAY
in, on, under and through that portion of the GRANTOR'S parcel hereinafter described
and called the PERMANENT EASEMENT AREA, for the purposes of constructing,
operating, maintaining, repairing, reconstructing, replacing and inspecting, pipes,
conduits and related appurtenances for the transportation and disposal of surface,
storm or ground water, and/or potable water through the PERMANENT EASEMENT
1
i
p5q�l
I
AREA, more particularly described on Schedule "A" attached hereto and made a part
Fh,p,
hereof.
N 2. ACCESS. This GRANT of Permanent Easement shall include, but is not
limited to the following appurtenant rights necessary to effectuate the construction
and maintenance of the aforementioned water pipes, lines, ditches and appurtenances:
(a) the right if ingress and egress by man, motor vehicle and
construction equipment necessary to lay and construct the water pipes and lines and
appurtenances in, on, under and through the PERMANENT EASEMENT AREA and to
maintain, repair, reconstruct, replace and inspect the same as GRANTEE may deem
necessary or desirable; and
(b) the right to clear, excavate, fill, grade, or cultivate the
PERMANENT EASEMENT AREA and/or otherwise improve the same for the purposes
herein set forth.
3. PROHIBITION OF STRUCTURES. The GRANTOR is hereby prohibited
from constructing and/or maintaining any type of permanent structure include
underground pipes and conduits in, on, under or over the PERMANENT EASEMENT
AREA without written permission of GRANTEE.
4. RESEEDING. All areas disturbed by the exercise of the PERMANENT
EASEMENT AREA AND RIGHT-OF-WAY shall be, if necessary, reseeded by GRANTEE.
5. DURATION. The terms, covenants and agreements herein contained shall
2
illi
be binding on the successors and assigns of parties hereto, their respective heirs,
distributees, legal representatives, and ALL COVENANTS HEREIN SHALL RUN WITH
THE LAND AFFECTED HEREBY AND SHALL BE PERPETUAL IN DURATION.
IN WITNESS WHEREOF, the GRANTOR and GRANTEE have executed this
instrument as of the date first set forth above.
PAUL HUNT
TOWN OF WAPPINGER
By:
STATE OF NEW YORK
)ss.:
COUNTY OF DUTCHESS
On the day of June, 1995, before me personally came PAUL HUNT to
me known to be the individual described in and who executed the foregoing
instrument, and acknowledged that he executed the same.
NOTARY PUBLI�
ANTHONY L. PAGONES
NOTARY PUBLIC, State of New York
STATE OF NEW YORK Qkjahfied in Dulchess COUT11Y
Comrnissmn Explf es August 31, 19-A
3
,I
BARGER, DAY & QSWALD
Consulting Engineers & Land Surveyors
shard G.Barger, PE&LS
Mark A.Day,PE June 6, 1995
RrRobert V. oawaL4LS Paul Hunt
�,
t0
The Town of Wappinger
(Drainage Easement Lot No. 1)
Subdivision of Lee Knolls
for
Paul Hunt - Section II
Filed map no.
10-65
Route 82 Deed Description
l8 Hooewe[I Jct.,DIY 12533
(914) 227-6227 Description of a Certain part l of land
Fax 226-1315 situated in the Town of Wappinger County of
Dutchess and the State of New York.
Beginning at a point along the westerly
line of Erin Sue Drive said point being the
intersection of the westerly Zine of Erin Sue Drive
with the easterly line of Lot. no. 1 and said point
being distant SOUTH 13--27-39' W-A. T '33 . 90 feet from
the northeasterly corner of Lot' no. 1 as shown on a
certain map entitled Subdivision of Lee Knolls for
Paul Hunt-Section II and filed in the Dutchess
County Clerks Office as filed map no. , thence
in a southerly direction along the westerly line of
Erin Sue Drive, SOUTH 13-27-39 WEST 43.00 feet to a
point, thence in a northerly, easterly and southerly
direction over and through Lot no. 1 the following
courses and distances, NORTH 38-35-50 WEST 107 .75
feet to a point, thence NORTH 51-24-10 EAST 30 .00
feet to a point, thence SOUTH 38-35-50 EAST 84 .36
feet to the point of beginning. Containing 0 .07
acres of lands more or less.
SUBJECT TO THE RIGHTS OF PUBLIC UTILITIES OF RECORD
May 16, 1995
BARGER, DAY & OSWALLD
"' ' Consulting Engineers & Land Surveyors
' ' Januar
Ritard G.Barger,PE&LS January 26, 1995
Mark A.Day, P1' Paul Hunt
to
Robert V, Oswald,LS The Town of Wappinger
(Drainage Easement Lot No. 4 & Lot No. 5)
Subdivision of Lee Knolls
for
Paul Hunt - Section II
Filed map no.
Deed Description
894 J
Route 52 Description of a certain parcel of land
Beacon, New York 12508 situated in the Town of Wappinger, County of
(914) 838-2020 Dutchess and the State of New York.
Fax 838-3346
Beginning at a point along the easterly line of
Erin Sue Driver said point being the intersection of
the easterly line of Erin Sue Drive with the
southwesterly corner of Lot no. 5 as shown on a
certain map entitled Subdivision of Lee Knolls for
Paul Hunt - Section II and filed in the Dutchess
County Clerks Office as , filed map no. , thence
in a northerly direction along the easterly line of
Erin Sue Drive, NORTH 24-37-00 EAST 15 . 00 feet to a
point, thence in generally in a easterly direction
over and through Lot no. 5 the following courses and
distances, SOUTH 65-23-00 EAST 51.47 feet to a
point, thence SOUTH 54-13-00 EAST 1.59 . 07 feet to a
point, thence NORTH 35-47-00 EAST 65. 00 feet to a
point, thence SOUTH 54-13-00 EAST 102 . 01 feet to a
point, thence SOUTH 35-47-00 WEST 80. 00 feet to a
point along the northerly line of Lot no. 4 of the
aforesaid filed map, thence over and through Lot no.
4 the following courses and distances, SOUTH 35-47-
00 WEST 81.. 97 feet to a point, thence NORTH 54-13-00
WEST 102 . 01 feet to a point, thence NORTH 35-47-00
EAST 66. 97 feet to a point, thence NORTH 54-13-00
WEST 156. 13 feet to a point, thence NORTH 65-23-00
WEST 48 .54 feet to a point along the easterly line
of Erin Sue Drive, thence in a northerly direction
along the easterly line of Erin Sue Drive, NORTH 24-
37-00 EAST 15 . 00 feet to the point of beginning.
Containing 0.52 acres of land more or less.
SUBJECT TO THE RIGHTS OF PUBLIC UTILITIES OF RECORD
STATE OF NEW YORK
COUNTY OF DUTCHESS
On June 29, 2000, before me, the undersigned, a Notary Public in and for said
State, personally appeared CONSTANCE U. SMITH 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 instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
N .
7,4Z
ALBEG-?,'r P � r73rNotary Public
NOTARY PUBL["� N PW Yo rk
Cu,)hfed in (,,mjnty I
COMMiSsion Expaes,i-eb. 28, 20
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS,NEW YORK 12590
(845)298-2000
GERALD A.VERGILIS* VAX(845)298-2842 LEGAL ASSISTANTS:
KENNETH M.STENGER e-mail;VSRP@EegWeb.Net AMY E.WOODARD
ALBERT P.ROBERTS KRISTEN S.GUT14RIE
IRA A.PERGAMENT
ANTONIA T.LUCIA P00014KEEPSIE OFFICE
JOAN F.GARRETT** 276 MAIN MALL
THOMAS R.DAMS
POUGHKEEPSIE,NY 12601
MARIA Y.GRECO (845)452-1046
*ADMITTRD TO PRACTICE ADDRESS REPLY TO:( )POUGHKEEPSIE
IN NY&FLA.
O WAPPINGP,RS
**ADMITTED TO PKAC Mh
IN NY&CONN.
September 20, 2000
Hon. Elaine Snowden, Town Clerk
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Lee Knolls (Paul Hunt) Subdivision
Our File No. 12949.0235
Dear Elaine:
am enclosing herewith an original Snow Easement recorded in the Dutchess County
Clerk's office on August 7, 2000. We have yet to receive the Deed and Drainage
Easements.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
Albert P. Roberts
APR/es
Encl.
CC" Hon. Graham Foster
LA
DUTCHESS COUNTY CLERK RECORDING PAGE
i
i
RECORD & RETURN TO:
ul RECORDED: 08/07/2000
#`! ALBERT P ROBERTS, ESQ
9P, 1611 ROUTE 9 AT: 14 : 59 :49
u WAPPINGERS FALLS NY 12590
DOCUMENT # : 02 2000 6905
¢II
w:
RECEIVED FROM: ROMBOUT ABST
§' GRANTOR: HUNT PAUL
GRANTEE : WAPPINGER TOWN
RECORDED IN: DEED TAX
INSTRUMENT TYPE: EASE DISTRICT: WAPPINGER
EXAMINED AND CHARGED AS FOLLOWS :
RECORDING CHARGE : 29 . 00 NUMBER OF PAGES : 4
TRANSFER TAX AMOUNT:
TRANSFER TAX NUMBER: #000175
E & A FORM: , N *** DO NOT DETACH THIS PAGE
*** THIS IS NOT A BILL
TP-584 : Y
COUNTY CLERK BY: FRS /
RECEIPT NO : R44467
BATCH RECORD: B00045
RICHARD M. ANDERSON
County Clerk
0 2 2 0 0 0 6 9 0 5 ���s �x
A K'
w *x
�..r 5u dardi4 Y.H.T.U.Form 8002 Bargain rnd Sale D-d'who,C-.-again Gvsnrorl Ana—Inde Jl 1 ar C-p-6-fSingla Sh—)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRumeNT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. 3'
da of V,
THIS INDENTURE,made the y � nineteen hundred and ninety five
BET"WEE:N % f
PAUL HUNT, residing at Judy Lane, Fishkill, New York, 12524
party of the first part,and
THE TOWN OF WAPPINGER, a municipal corporation with offices at
the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers
Falls, New York, 12590
party of the second part,
V'VI'f7 FMET*K that the party of the first part,in consideration of ten dollars and other valuable consideration
paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs
or successors and assigns of the party of the second part forever, a snow easement over the
following described premises
ALL that certain plot, piece or parcel of land, YA"*AMMAPA, situate,
lying and being in the
Town of Wappinger, County of Dutchess and State of New
York as shown on Schedule "A" attached hereto and made a part hereof.
The snow easement area described herein shall remain free of any structures
or encroachments, including but not limited to plantings, buildings, structures
or other obstructions, or regrading in order to maintain a clear, unobstructed
area for deposit and storage of snow as may be required by the Town. The
Grantor agrees that the easement area shall be cleared prior to the issuance of
any building permit.
Grantor has further executed and intends to record simultaneously herewith,
covenants and restrictions to assure that this snow easement area is kept clear
and that this snow easement authorizes the Town of Wappinger to enter the
property for the purpose of clearing and removing any obstructions to
effectuate the standards stated herein and maintain a clear, unobstructed area.
TOGETHE12 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
MOLD 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.
AND the party of the first part covenants that the party of the Cast part has not done or suffered anything
whereby the said prernises have been encumbered 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 trusefu.nrf to be applied'fiiFst for the purpose of paying the cost of the improvement and will apply
the same first to the 1hayment,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 con`s`trued as if it read, "parties" whenever the sense of this indenture so requires,
IfWITNESS WHEREOF, the party of-,he hrM;part has duly this deed the day and year first above
written.
IN PRESENCE OF
C2'1 d
o^ I ,
1 apse PAA NT ��
STATE OF NEW YORK, COUNTY OF Dutchess sst STATE OF NEW YORK, COUNTY OF sst
On the 66, day of June 1995 , before me On the day of 19 before me
personally came Paul Hunt personally came
to me known to be the individual described in and who to me known to be the individual described in and who
executed the for instrument, and nowledged that executed the foregoing instrument, and acknowledged that
he exec the me. executed the same.
1vc>tar Pt1bl i c -
ANTHONY'.,PAGONES
NOTARY PUB_:_',State of New York
Qualifis a;n Dutchess County
Com m i sswn Expires August 31,19_
STATE OF NEW YORK, COUNTY OF ssi STATE OF NEW YORK, COUNTY OF SS1
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 per acquainted, who, being by me duly
that he is the sworn, did depose and say that he resides at No.
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.
Margain and *ale 19rrd
SECTION
WITH COVENANT AGAINST GRAN"rows Ac'rs - BLOCK
TITLE No. - LOT
COUNTY OR TOWN
PAUL HUNT
TO
TOWN OF WAPPINGER
RETURN BY MAIL TO;
STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Albert P. Roberts, Esq.
1611 Route 9
GUARANTY
Distributed
SECURITY TITLE AND GUARANTY COMPANY Wappingers Falls, New York
CHARTERED 1926_TIN NEW YORK
Zip No,12 5 9 0
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BARGER, DAY & OSWALD
Consulting Engineers & Land Surveyors
chard G.Barger, PE&LS
June 6, 1995
Mark A-Day,PE
Robert v o rs Paul Hunt
to
The Town of Wappinger
(Snow Easement Lot No. 1)
t Subdivision of Lee Knolls
for
Paul Hunt - .Section II
Filed map no.
10-65 Deed Description
Route 82
Hopewell Jct,NY IZ33
(914) 227-6227 Description of a certain pare of land
Fax 226-1315 situated in the Town of Wappinger, County of
Dutchess and the State of New York.
Beginning at a point along the westerly line of
Erin Sue Drive and said point being the intersection
of the westerly line of Erin Sue Drive with the
easterly line of Lot no. 1 and said point being
distant SOUTH 13-27-39 WEST 27 .28 feet from the
northeasterly corner of Lot no. 1 as shown on a
certain map entitled Subdivision of Lee Knolls for
Paul Hunt-Section II and filed in the Dutchess
County Clerks Office as filed snap no. , thence
in a southerly direction along the westerly line of
Erin Sue Drive the following courses and distances,
SOUTH 13-27-39 WEST 49 .62 feet to a point, thence on
a curve to the left with a radius of 52.50 feet and
a length of 16. 16 feet to a point, thence in a
westerly and northerly direction over and through
Lot no. 1. NORTE 79-24-22 WEST 30 .00 feet to a
point, thence on a curve to the right with a radius
of 82.50 feet and a length of 75 .70 feet to the
point of beginning. Containing 0 .03 acres of land
more or less.
SUBJECT TO THE RIGHTS OF PUBLIC UTILITIES OF RECORD
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(914) 298-2000
GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS:
KENNETH M.STENGER DALE O'DONNELL
ALBERT P.ROBERTS AMY E.WOODARD
IRA A.PERGAMENT
ANTONIA T.LUCIA eOU OFFICE
JOAN F.GARRETT** 27766 MAIN
s1E AIN MALL
POI7GHKEEPSII~,NY 12601
THOMAS R.DAVIS (914)452-1046
MARIA 7,GRECO
-ADMITTED TO PRACTTCE ADDRESS REPLY TO!( )POUGHKEEPSIE
IN NY&FLA. { )WAPPINGERS
**ADMITTED TO PRACTICE
IN NY&CONN.
June 29, 2000
VIA OVERNIGHT MAIL
Grace Sellman
Rombout Abstract s/ C
5 Cliff Street Gl ``
P.O. Box 227
Beacon, NY 122508 'L tp �
C, a 2 .,
Re: Lee Knolls - Paul Hunt Subdivision
Our File No. 12949.0235
Dear Grace:
In connection with the above dedication, I enclose the following:
1. Original Deed dated June 22, 1995 executed by Paul Hunt in favor of the
Town of Wappinger together with TP-584 and E&A Form;
2. Drainage Easement dated June 1995 with Supervisor Smith's signature
acknowledged on June 29, 2000, together with TP-584 and E&A; and
3. Snow Easement dated June 6, 1995 executed by Paul Hunt together with
Supervisor Smith's signature affixed.
The above documents are to be recorded as per prior correspondence. Even
though the subdivision was transferred to O'Donnell, I believe the Offer of Cession
recorded prior to the transfer would take precedence.
If there is any problem with recording these documents, please do not hesitate to
contact me.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
(k i71
Albert P. Roberts
APR/es
Encl.
cc: Hon. Constance O. Smith, Supervisor and Hon. Elaine Snowden, Town Clerk
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(914) 298-2000
GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS;
KENNETH M.STENGER DALE O'DONNELL
ALBERT P.ROBERTS AMY E.WOODARD
IRA A.PERGAMENT
ANTONIA T.LUCIA POUGHKEEPSIE OFFICE
JOAN F.GARRETT** 276 MAIN MALL
THOMAS R.DAVIS POUGHKEEPSIE,NY 12601
MARIA J.GRECO (914)452-1046
*ADMITTED TO PRACTICE ADDRESS REPLY TO:( )POUGHKEEPSIE
IN NY&FLA.
( )WAPPINGERS
-ADMITTED TO PRACTICE
IN NY&CONN.
April 28, 2000
VIA FACSIMILE - 838-2596
AND REGULAR MAIL
Rombout Abstract Company
5 Cliff Street
P.O. Box 227
Beacon, New York 12508
Attn.: Grace L. Sellman
Re: Title RAD-8756.
Town of Wappinger
Paul Hunt Subdivision (Erin Sue Drive Dedication)
File No. 12949.0058
Dear Grace:
Enclosed please find letter forwarded to you on April 13, 2000. Please
respond. The Town is most anxious to have this road properly dedicated and
accepted ar, a Town road.
Very truly yours,
V.�E�jRGILIS, STENNGE OBERTS & PERGAMENT
ALBERT P. ROBERTS
APR/es
Encl.
CC" Hon. Constance O. Smith, Supervisor, Hon. Elaine Snowden, Town Clerk, Hon.
Graham Foster, Highway Superintendent and Mark Liebermann, Zoning,
Administrator
DICTATED BUT NOT PROOFREAD BY MR. ROBERTS
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW j
1136 ROUTE 9
0,
WAPPINGERS FALLS, NEW YORK 12590
(914) 298-2000
GERALD A.VERGILIS" FAX(914)298-2842 LEGAL ASSISTANTS:
KENNETH M.STENGER DALE O'DONNELL
ALBERT P.ROBERTS AMY E.WOODARD
IRA A.PFRGAMENT
ANTONIA 1'.LUCIA POUGHKEEPSIE OFFICE
JOAN F.GARRETT*14 276 MAIN MALL
THOMAS R.DAVIS POUGHKEEPSIE,NY 12601
MARIA J.GRECO (914)452-1046
'AUMITTED TO PRACTICE ADDRFSSREP1.YTO:t )PMXj]IKEFPSIE
IN NY&FLA. ) WAPPINGERS
-ADMI'17EDTO PRACTICE
IN NY&CO�NN
April 13, 2000
Rombout Abstract Company
5 Cliff Street
P.O. Box 227
Beacon, New York 12508
C
Attn: Grace L. Sellman 'y
Re: Title RAD-8756
Town of Wappinger
Paul Hunt Subdivision
File No. 12949,0058
Dear Grace-,
I am enclosing herewith a photocopy of the above-referenced title policy noting that
it was paid in full on June 20, 1995.
The Policy was issued in connection with the dedication of a proposed Road and
various Easements resulting from the subdivision of Paul Hunt's property known as
the Lee Knolls Subdivision,
Apparently, the road and easements were conditionally accepted several years ago
pending some repairs and/or improvements. Somehow the matter fell through the
cracks and the documents were, never recorded. The Deeds, Easements, etc. were
executed by Paul Hunt, the then property owner. Subsequently, Mr. Hunt sold the
parcel to O'Donnell Development Corp. In any event, please advise if the original
documents, executed by Mr. Hunt are valid to transfer title to the proposed Road
and Easements to the Town of Wappinger.
Thank you for your courtesy and attention.
Very truly yours,
Vergilis, Stenger, Roberts & Pergament
Albert P. Roberts
APR/es
Encl.
cc: Anthony Pagones, Hon. Constance O. Smith, Supervisor, Joseph E. Paggi,
Jr. and Hon. Graham Poster, Highway Superintendant
I
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(914)298-2000
GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS:
KENNETH M.STENGER DALE O'DONNELL
ALBERT P.ROBERTS AMY E.WOODARD
IRA A.PERGAMENT
ANTONIA T.LUCIA POUGHKEEPSIE OFFICE
JOAN F.GARRETT** 276 MAIN MALL
THOMAS R.DAVIS POUGHKEEPSIE,NY 12601
MARIA J.GRECO (914)452-1046
*ADMITTED TO PRACTICE ADDRESS REPLY TO;( )POUG14KEEPSIE
IN NY&FLA.
( )WAPPINGERS
"ADMITTED TO PRACTICE
IN NY&CONN.
April 13, 2000
Non. Graham Foster, Joseph E. Paggi, Jr., P.E.
Highway Superintendant Paggi, Martin & DelBene
Town of Wappinger 54-56 Main Street
20 Old Route 9 Poughkeepsie, NY 12601
Wappingers Fails, New York 12590
Re: Lee Knolls Subdivision
Dedication of Erin Sue Drive and Easements
Our File No. 12949.0058
Dear Jay and Graham:
The original Deeds and Easement are being held in Elaine Snowden's office.
Attached please find letter I forwarded to the title company to determine if the
original Deeds are still valid to transfer title to the Town. It does appear that the
original Offer of Dedication was properly recorded.
According to Elaine Snowden, the Town Board conditionally accepted the roads, but
am not certain what happened thereafter. Please confirm that the road and
various improvements have been completed to your satisfaction. If so, the matter
should be placed on the Town Board Agenda for confirmation of its prior
acceptance of the Road and Easements and recording of documents.
Very truly yours,
Vergilis, Stenger, Roberts & Pergament
0
Albert P. Roberts
APR/es
Encl.
cc: Hon. Constance O. Smith, Supervisor, Hon. Elaine Snowden, Town Clerk
and Anthony Pagones, Esq.
PAGGI,MARTIN&DEL BENE LLP
Consulting Engineers & Land Surveyors
56 Main Street
Poughkeepsie, New York 12601
914-471-7898
914-471-0905 (FAX)
April 18, 2000
Vergilis, Stenger, Roberts & Pergament
1611 Route 9
Wappingers Falls, New York 12590
Attention: Albert P. Roberts, Esq.
Reference: Lee Knolls Subdivision
Dear At:
I am in receipt of your April 13'4, 2000 correspondence regarding the
above referenced project. To my recollection the road and various
improvements necessary have been completed, inspected, and accepted by
our office.
If there are any further questions or comments, please do not hesitate to
contact this office.
Ver truly yourg/,,-)
Joseph E. Paggi, Jr., P.E.
JEP:Iaw
cc: Hon. Constance 0. Smith, Supervisor
Hon. Vincent Bettina, Councilman
Hon. Joseph Paoloni, Councilman
Hon. Joseph Ruggiero, Councilman
Hon. Robert Valdati, Councilman
Hon, Graham Foster
Elaine Snowden, Town Clerk
Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Ch�rlea R.Del Bene,Jr.,P.E,
..........--.......... .................
102797.RGM
Seconded by Mr. Bettina
Motion Unanimously Carried
The last report from Mr. Tremper concerns the Water Main Break at the
Watch Hill District. On September 7, 1997 at 1:25 A.M.. CRMO Pollution
Control, Inc., receive a call from Dutchess County Fire Control that there was
a severe water main break in the vicinity of 48 Park Hill Drive. CRMO
Pollution Control, Inc., responded within 30 minutes and had the water main
shut down, completed final repairs, and had the water back in service in the
Watch Hill area at approximately 6:30 A.M. This is the fifth major water
main break in the Watch Hill Water District in 1997. The breaks were
located in various parts of the distribution system and all were severe. For a
system of this size, this is an abnormally high number of water main breaks.
The History of this system indicates that there have been slightly more water
main breaks than for typical water systems. However, in the last couple of
years the instances of these water main breaks have become more numerous
and seem to be more severe.
COUNCILMAN VALDATT moved to authorize Engineer to the Town, Jay
Paggi to look into the breaks.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Jim Jeffries report, with an update on the computerization of the Town Hall.
He informed the Board that next year everything should be finalized. He
went over costs, where we are, and how much more needs to be done to
complete upgrading of the system. Mr. Jeffries also provided the breakdown
of what was actually purchased.
A request from Craig O'Donnell for the acceptance of Erin Sue Drive as a
Town Road. Attorney to the Town Al Roberts acknowledged that the deeds
were posted, the title just came in revised, the Performance Bond has not
been satisfied. Mr. O'Donnell informed the Board that he would have it the
next day.
COUNCILMAN VALDATI moved to accept Erin Sue Drive as a Town Road,
pending condition of Performance Bond being satisfied,based on
recommendation of Attorney to the Town Al Roberts, and Highway
Superintendent Graham Foster.
Seconded by Mrs.Visconti
Motion Unanimously Carried
A request for a P. O. in the amount of$2,000, from Graham Foster, Highway
Superintendent, to replace chains on the sander.
COUNCILWOMAN VISCONTI moved to approve a P.O. in the amount of
$2,000 to replace chains on the sander, as requested by Mr. Foster.
9
O'DONNELL
DEVELOPMENT CORPORATION
October 23; 1997
Town of Wappinger
20 Middlebush Road
Wappinger Falls, NY 12590
Attention: -Lown Board
RE: Erin Sue Drive
Dear Board Members.
Our records indicate that all paperwork has been forwarded to you on the completion of
Erin Sue Drive. We would like to formally request that the road be dedicated to the
Town.
Please review and advise me if there is anAing that you need from me in regards to this
matter.
Sincerely,
Craig T. O'Donnell President
O'Donnell Development Corp.
a � �
RECEIVED
OCT 2 4 1997
EL4INE S
rot�yN CLERK
P.O. Box 455, Hughsonville, N.Y. 12537 (914) 297-8752
TOWN OF WAPPINGER
SUPERINTENDENT (914) 297-9451 .
GRAHAM FOSTER
r
s
SUPERINTENDENT OF HIGHWAYS
P.O.. BOX 324
WAPPINGERS FALLS, N.Y. 12590
October 14 , 1997
To: . Town ' Board
From: .Graham Foster
Subject: Erin Sue Drive
I have inspected this road through it ' s entire construction and
find it acceptable for the Town to take it over as a town road.
CC: Craig O' Donnell
r.
MAINTENANCE BOND SECURED
BY LETTER OF CREDIT
WHEREAS, O'Donnell Development Corp., of Wheeler Hill Road, RD #1, Wappingers
Falls, New York, has now completed the roads and other public.improvements in connection
with the Lee Knolls Subdivision, which are ready to be dedicated to the Town of Wappinger;
and
WHEREAS, the Corporation is required to guarantee the workmanship and construction
of said roads and public improvements and also to maintain and repair same within the
subdivision for one year after the date of acceptance by the Town Board; and
WHEREAS, to secure its obligation to guarantee the workmanship and to repair and
maintain said roads and public improvements, the Corporation has also obtained a Letter of
Credit from First Hudson Valley Bank.
NOW, THEREFORE, O'Donnell Development Corp., as principal, Guarantees that it
shall well and truly guarantee the workmanship and materials and to maintain and repair all
roads and other public improvements constructed within the subdivision known as Lee Knolls
Subdivision, filed in the Dutchess County Clerk's Office on the 30th day of June, 1995 as map
no, 10083 and said Corporation further agrees that it shall well and truly Guarantee the
workmanship and materials and will maintain and repair the said roads and other public
improvements in accordance with the ordinances, local laws, rules, regulations and code of the
Town of Wappinger for one (1) year from the date of acceptance of said road by the Town
Board of the Town of Wappinger.
As security for this agreement to Guarantee the obligations hereunder, the Corporation
o:common4appmun%maintenc.bnd
hereby delivers to the Town of Wappinger the following security for the faithful performance
of this obligation: a Letter of Credit from First Hudson Valley Bank, bearing number 326,
which Letter of Credit is attached hereto, and the Corporation hereby consents to the terms
thereof as security for this obligation.
The Corporation further acknowledges that if the aforementioned security posted
hereunder lapses or expires for any reason, then this bond shall be deemed in default and any
retraining undeveloped lots within the subdivision will no longer be eligible for building permits
until new and sufficient security is posted.
As additional inducement for the Town of Wappinger to accept the roads and other public
improvements for public dedication, Craig O'Donnell and/or Debbie O'Donnell, principal
shareholder{s} of the undersigned has further agreed to personally Guarantee all the obligations
set forth in this Maintenance Agreement.
Dated:
O'DONNEL EVELOPMENT CORP.
By: 4�7 'olel
O' N LL
DEBBIE O'DONNELL
o:commonlwappmunlmaintenc.bnd
I
ACKNOWLEDGMENTS
STATE OF NEW YORK )
}SS.:
COUNTY OF DUTCHESS }
On the day of December in the year 1997 before me personally came
x'.10, U &0,2 C,61 to me known, who, being by me duly sworn, did depose and
say th t s/he resides at Wheeler Hill Road, RD #1, Wappingers Falls, New York; that s/he is
a Principal Shareholder of O'Donnell Development Corp., the corporation described in and
which executed the above instrument; and that s/he signed his/her name thereto by authority of
the board of directors of said corporation.
NOTARY PUBLIC
KRISTINA M,WALTQN
STATE OF NEW YORK ) Notary Public,State of New York
)ss.: No. 501039'7
Qualified in Dutchess Count
COUNTY OF DUTCHESS ) Commission expires March z9,1
On theq®T'day of December in the year 1997 before me, the undersigned, a Notary Public in
and for said State, personally appeared CRAIG O'DONNELL, 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 instrument, the individual executed the instrument.
NOTARY PUBLIC
STATE OF NEW YORK ) KRISTWA M,WALTON
Notary Public,State of New Yore
)ss.: No.5010397
COUNTY OF DUTCHESS ) Qualified in Dutchess County�r'���J+
Commission Efts March 29,...,....�
On the day of December in the year 1997 before me, the undersigned, a Notary Public in
and for said State, personally appeared DEBBIE O'DONNELL, 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 she executed the same in her capacity, and
that by her signature on the instrument, the individual executed the instrument.
NOTARY PUBLIC
o;commonlwappmunlmaintenc.bnd
First Hudson Val
Guarding Our Communities'Assets
April 3 , 1996
AMENDMENT TO IRREVOCABLE LETTER OF CREDIT NO. 326
Letter of Credit No. 326
Dated: May 22, 1995
Expires at our counters May 22, 1.995
Beneficiary: Town of Wappinger Planning Board
Box 324, Middlebush Road
Wappingers, Falls, New York 12590
Applicant : O'Donnell Development Corp.
Wheeler Hill Road, RD #1
Wappingers Falls, New York 12590
This amendment is to be considered as
part of the above letter of credit
and must be attached thereto.
Gentlemen:
The above mentioned irrevocable letter of credit is amended as
follows :
The amount of this letter of credit has been reduced from $191, 137 .00
to $62, 520 and the expiration date has been extended to May 22, 1997 .
Except so far as otherwise expressly stated herein, this credit is
subject to the Uniform Customs and Practice for Commercial Documentary
Credits (1983 revision) , International Chamber of Commerce,
Publication No. 400 .
All other terms and conditions of the original letter of credit will
remain unchanged.
Very Truly Yours,
THE FIRST NATIONAL BANK OF THE HUDSON 'VALLEY
Linda A. Ricotta
Assistant Cashier
10
cc : O'Donnell Development Corp.
koj
9AS
'OIVIIVG 40MIIVIS,�,l
,4 r
Fir.aMilional Btn& oftlie Ihidwzi Vkdlt�Y
Route 55 6 PO Box 310 LaGrangeville, NY 12540
TOWN OF WAPPINGER
ZONING DEPARTMENT CONSTANCE 0,SMITH
20 MIDDLESUSH ROAD
KO.BOX 324
WAPPINGERS FALLS,NY 125W.0324
(914)297-6257
To: Elaine Snowden, Town Clerk
From: Joan Warren
Zoning Board
RE: LETTER OF CREDIT - (D'DONNELL DEVELOPMENT CORP.
MAY 6, 1996
Attached, please find the original Letter of Credit for D'Donnell
Development Corp.
We would appreciate it if you would please file this document. As
always, we thank you for your cooperation.
z 0 agc�
J n Warren, Secretary
UDiDLrer
appinger Zoning Board
Inc:
TOWN OF WAPPINGER
ZONING DEPARTMENT CONSTANCE O.SMITH
20 MIDDLEBUSH ROAD auvEmnaoA
P.O.BOX 324 - -
WAPPINGERS FALLS,NY 125904)024 -
(914)297-6257 _
February 29, 1996
Mr. Paul Hunt
11 Judy Lane
Fishkill, New York 12524
Re: Letter of Credit — Hunt Subdivision
Mr. Hunt:
This is to inform you the above mentioned Letter of Credit in the
amount of $62,520.00 is due to expire on May 30, 1996.
This is to formally notify you that this office will expect you to
furnish a replacement Letter of Credit in the amount of $62,520.00
by no later than May 1, 1996.
Thanking you in advance for your cooperation.
Resp c fu y
�v
aid ose
Zoning kdministrator
DC/jf
CC: Town Board
Planning Board
Dan Wery, 4ICP
J. Paggi, Jr. , PB
klbert P Roberts, Esq.
Don Keller, B. I.
Graham Foster, Hgwy. Supt.
D
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT. CORPS OF ENGINEERS
JACOB K_ JAVITS FEDERAL BUILDING
NEW YORK. N.Y. 10278-0090
ear Ta OCT 1 1 1935
ATTCHTIOM CW
Regulatory Branch
SUBJECT: Permit Application Number 94-10750-YS RECEIVED
by Paul Hunt
Michael E. Gillespie
0 CT 1 3 1995
Barger, Day & Oswald
Consulting Engineers & Land Surveyors MAINE SNOWDEN
1065 Route 82 TOWN CLERK
Hopewell Junction, New York 12533
Dear Mr. Gillespie:
On October 28, 1994 , the New York District of the U. S. Army
Corps of Engineers received a request for a Department of the
Army jurisdictional determination for the above referenced
project . This request was made by Barger, Day & Oswald, as
consultants for Paul Hunt. The site consists of approximately
38 . 702 acres, in the Hudson River basin, located on Ketchamtown
Road in the Town of Wappinger, Dutchess County, New York. The
proposed. project would involve the construction of a residential
subdivision.
In the letter received on October 28, 1994 , your office
submitted a proposed delineation of the extent of waters of the
United States within the subject property. A site inspection was
conducted by a representative of this office on November 9 , 1994 ,
in which it was agreed that changes would be made to the
delineation and that the modified delineation would be submitted
to this office . On August 29 , 1995 , this office received the
modified delineation.
Based on the material submitted and the observations of the
representative of this office during the site visit, it has been
determined that the drawing entitled 119 Lot Subdivision of Lee
Knolls For Paul Hunt -- Section II - Town of Wappinger - Dutchess
Co. , N.Y. " , prepared by Barger, Day & Oswald, dated December 28,
1994, and last revised July 13 , 1995, appears to be an accurate
depiction of the extent of the waters of the United States on the
subject property. This drawing indicates that there are three
(3) principal wetland areas on the project site .
The first wetland (#1 Federal Wetland) is located in the
central and northern portions of the property and is
approximately 8 . 83 acres within the subject property. The second
wetland (#2 Federal Wetland) is located near the southeastern
corner of the property and is approximately 0 . 09 acres . The
third wetland (#3 Federal Wetland) is located north and east of
the second wetland and is approximately 0 .18 acres . It should be
noted that one area, totaling approximately 0 . 124 acres, as shown
on the above referenced drawing, contains fill material within
the confines of the delineated wetland. These wetlands are
considered to be above the headwaters . This determination
regarding the delineation shall be considered valid for a period
of five years from the date of this letter.
In the submission received on August 29, 1995, it was
indicated that the total. impacts to waters of the United States
would involve the discharge of fill material into approximately
0 .448 acres of waters of the United States, including wetlands .
This includes the 0 . 124 acres of previous fill, as described
above.
Based on information submitted to this office, our review of
the project indicates that an individual permit is not required.
In accordance with the above referenced plan, it appears that the
activities within the jurisdiction of this office could be
accomplished under an existing Department of the Army nationwide
general permit . The nationwide permits are prescribed in Title
33 of the Code of Federal Regulations (33 CFR 330, Appendix A,
No. 26) . A public notice issued from this office which describes
the nationwide permits and conditions for New York is enclosed
for your review. The work may be performed without further .
authorization from this office provided the activity complies
with the permit conditions listed in Appendix A. and any
applicable regional conditions added by the State of New York.
It should be noted that no development is currently proposed
for Lot No. 10 as shown in the above referenced drawing. Any
future development within this property, including Lot No. 10,
may require further authorization from this office, and may need
to be considered cumulatively with the impacts authorized by this
letter.
This determination covers only the work described in the
submitted material . Any major changes in the project may require
additional authorizations from the New York District .
Care should be taken so that construction materials,
including debris, do not enter any waterway to become drift or
pollution hazards . You are to contact the appropriate state and
local government officials to ensure that the subject work is
performed in compliance with their requirements.
2
This verification of the Nationwide Permit is valid for a
period of two years from the date of this letter, unless the
Nationwide Permit is modified, suspended or revoked. This
verification will remain valid for two years from the date of
this letter if the activity complies with the terms of any
subsequent modifications of the Nationwide Permit authorization.
If the Nationwide Permits are suspended, revoked, or modified in
such a way that the activity would no longer comply with the
terms and conditions of a Nationwide Permit, and the proposed
activity has commenced, or is under contract to commence, the
permittee shall have 12 months from the date of such action to
complete the activity.
If any questions should arise concerning this matter, please
contact Brian A. Orzel, of my staff, at (212) 2G4-0183 .
Sincerely,
George Nieves
Chief, Western Permits Section
Enclosure
cf : NYSDEC - Region 3
Town of Wappinge.r
3
TOWN OF WAPPINGER
ZONING DEPARTMENT CONSTANCE 0. SMITH
20 MIDDLEBUSH ROAD SUPERVISM
P.O, BOX 324
WAPPINGERS FALLS, NY 12590-0324
(914)297-8257
To: Elaine Snowden, Town Clerk, Town Of Wappinger
From: Donald Close, Zoning kdministrator, Town of Wappinger
Re: Paul Hunt Subdivision — Documents
Date: June 30, 1995
Please be advised the undersigned is in possession of original copies
of documents re Paul Hunt Subdivision.
Irrevocable Offer of Cession
Deed Description Schedule "V 6/6/95
Snow Easement 6/6/95
Drainage Easement 6/6/95
Drainage Easement Schedule "C" 1/26/95
Declaration of Restrictive Covenants 6/6/95
Declaration of Grading Easement 6/6/96
kgreement between Frances Reese and Paul Hunt including Schedule "A," 5/19/95
Combined Real Property
Transfer .Gains Tax kffidavit
Real Estate Transfer Tax Return
Credit Line Mortgage Certificate
Res i tfull'i
Donald,`'Close
Zoning Ndministrator
D,C/jf
VERGILI , STEN ER, ROBERTS +& PERGAMENT
AT 0RNEYS AND COUNSELORS p v
1611 ROI T—
WAPPINGFD"
� {
GERALD A.VERGILIS* LEGAL ASSISTANTS:
KENNETH M.STENGER ,
ALBERT P.ROBERTS � „ DALE CYDONNELL
IRA A.FERGAMENT fi" ,r �` AMY E.WOODARD
ANTONIA T.LUCIA P
JOAN F,GARRETT " + � PIy1JGHKEEPSIE OFFICE
THOMAS R..DAMS �." N �,� u
276 MAIN MALL
Pt�tJ�£.HKF.EPSIE,NY 12601
R(7DERICK W.CTFERRT (914)452-1046
'ADMITTED TO PRACTICE
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IN NY&FLA. .r^""��`rc r " ADDRESS REPLY TO:( )POUGHKEEPSIE
s* ,�1 9+ C }ADMIT'1"ED�TO ! ".
IN NY&CONN. tl�
June 22,
1995
Town Board, Town of Wap ,
20 Middlebush Road pV
Wappingers Falls, New Yoi L2590
Attn: Hon. Constance 0. Smith °"
Elaine Snowden, Town Clerk, Town of Wappinger
Re: Paul Hunt Subdivision Section al
a/k/a Lee Knolls
Dear Connie and Elaine:
The above referenced matter is scheduled for acceptance of the
subdivision bond at the June 26th 'Town Board meeting. Under
cover of separate letter l have approved the form of the
Performance Bond and Letter of Credit issued by First National
Bank of the Hudson Valley.
Unfortunately, in large measure due to Herb Levinson's absence,
the remaining original documents to be approved by me and/or Jay
Paggi have found their way either to my office or Elaine's.
Hopefully this letter will clarify the procedures to be followed.
At a meeting Tuesday morning held in Connie Smith's office,
attended by Jay Paggi, Anthony Pagones, Esq. , Paul Hunt (owner) ,
and Craig O'Donnell (developer) , it was determined that the
following documents are required to be submitted in final form
and approved by either me or Jay, prior to the Chairman of the
Planning Board signing the subdivision map:
r
June 22 , 1995
Page 2
A. Deeds;
1. Snow Easement
2 . Drainage Easement
3 . Deed for Roadbed
4 . Drainage Easeement from Francis Reese
B. Offer of Cession for above deeds;
C. Declaration of Restrictive Covenants (wetland areas) ;
D. Declaration of Grading Easement;
Pursuant to transmittals from Herb Levinson dated May 23, 1995
and May 30, 1995, Elaine Snowden was forwarded the following
documents
1. Drainage Easement between Francis Reese and Paul Hunt and the
Town of Wappinger together with accompanying Gains Tax Affidavit
and E&A form;
2 . Performance Bond secured by a Letter of Credit (without the
Letter of Credit) ; .
3 . Irrevocable Offer of Cession.
By hand delivery courtesy of Mr. Paul Hunt, I received the
following original documents which I hereby approve as to form:
i. Declaration of Restrictive Covenants regarding wetland areas
executed by Paul Hunt dated June 6, 1995;
ii. Declaration of Grading Easement executed June 6, 1995 (with
handwritten correction made to first paragraph) ;
Grant of Permanent Drainage Easement through lot number 1
executed by Paul Hunt on June 6, 1995, together with Gains Tax
Affidavit also executed by Paul Hunt on June 6, 1995;
iv. Snow Easement dated June 6, 1995 executed by Paul Hunt
together with accompanying Gains Tax Affidavit.
PLEASE NOTE THE DECLARATION OF GRADING EASEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS (FOR WETLAND AREAS) ARE TO BE RETURNED
TO THE PLANNING DEPARTMENT TO BE GIVEN TO THE DEVELOPER FOR
June 22 , 1995
Page 3
i
I�
RECORDING SIMULTANEOUSLY WITH THE FILING OF THE SUBDIVISION PLAT. !
THE GRANT OF PERMANENT DRAINAGE EASEMENT, THE SNOW EASEMENT AND I
THE DEED FOR THE ROAD KNOWN AS ERIN SUE DRIVE ARE TO BE RETAINED
BY THE TOWN CLERK PENDING THE ACCEPTANCE OF THE EASEMENTS AND THE
ROAD BY THE TOWN BOARD.
The Offer of Cession dated May 25, 1995 by Craig O'Donnell,
individually and on behalf of his corporation, is unnecessary and
may be discarded.
The correct Offer of Cession is the one executed by Paul Hunt and
dated June 22, 1995, which I submit herewith and which I approve
as to form. This document should also be forwarded to the
Planning Department for recording simultaneously with the
subdivision map.
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
ALBERT P. ROBERTS
APR/aew
Enclosure
cc: Linda Nguyen, Planning Board Secretary
Planning Board
Jay Paggi
DECLARATION OF RESTRICTIVE COVENANTS
By: PAUL HUNT residing at Judy Lane, Fishkill, New York, 12524, hereinafter
referred to as "Developer."
WHEREAS, said Developer is the owner of lands in the Town of Wappinger,
Dutchess County, New York, shown on a map entitled "Subdivision of Lee Knolls Paul
Hunt - Section 11" situated in the Town of Wappinger, which map was prepared by
Barger, Day & Oswald and is dated July 22, 1994, and subsequently revised from
time to time, which map received final approval by the Wappinger Planning Board on
9!x7 ,r , 199,�, and is intended to be filed in the Dutchess
County Clerk's Office simultaneously herewith on June 1995, as Filed Map
No. , and
WHEREAS, said Developer has elected to declare certain covenants and
restrictions with regard to the wetland areas designated and shown on the approved
plat, and to impose the same on the use thereof;
NOW, THEREFORE, said Developer does hereby establish the following
covenants, conditions, reservations and restrictions with regard the wetland areas as
shown on the approved plat, as follows:
1 . No wetland disturbance other than that shown and indicated in the notes
on the approved plat shall be allowed in any form.
2. No construction of any building, shed, well, recreation facility or any
other structure within the wetland areas designated on this plat shall be
1
allowed on Lots 4, 5, 6, 7, 8 and 9.
3. No filling or dredging shall be allowed in any form in the designated
wetlands other than that shown on the approved plat.
4. The aforesaid restrictions shall not be modified unless the written
consent of the Town of Wappinger Planning Board shall have been
obtained.
These covenants and restrictions are to be construed as running with the land.
IN WITNESS WHEREOF, the said PAUL HUNT has duly executed this instrument
on the day of June, 1995.
P G UNT
STATE OF NEW YORK )
) ss..
COUNTY OF DUTCHESS }
On the . day of June, 1995, before me personally came PAUL HUNT,
to me known to be the individual described in and who executed the foregoing
instrument, and acknowledged that he executed the sam .
ANTHONY L. PAGONES NOTARYLIC
NOTARY PUBLIC, State of New York
Qualified in Dutchess county
Commission Expires August a1, 19-4
RECORD AND RETURN
ALBERT P. ROBERTS, ESQ.
Vergilis, Stenger, Lucia&Roberts
1611 Route 9
Wappingers Falls, NY 12590
2
DECLARATION OF GRADING EASEMENT
WHEREAS, Paul Hunt, residing at Judy Lane, Fishkill, New
York, is the fee owner of a certain parcel of real property
situate, lying and being 'in the Town of Wappinger, County of
Dutchess, State of New York and known and designated on a
. subdivision map entitled "Subdivision of Lee Knolls Paul Hunt -
Section II" to be filed in the office of the Dutchess County
Clerk simultaneously herewith, .=%dL24,
WHEREAS, Paul Hunt is desirous of making a public
Declaration of a Grading Easement attendant to the use of the
lands herein which shall run with the lands, shall be binding
and enforceable upon and by all parties hereto and all
subsequent purchasers of the land herein, any and all persons
purchasing and owning any lot in the aforesaid or claiming title
under them which is effected by said easements and rights, and
WHEREAS, Paul Hunt owns the fee interest in the aforesaid
lands and wishes to declare a Grading Easement within the
subdivision over Lots 2 and 3 , and
WHEREAS, each subsequent purchaser of the individual lots
enumerated in the preceding paragraph, in addition to the fee
interest acquired in the premises above described, also shall
own and be burdened by the terms of said grading easement,
NOW THEREFORE, in consideration of the foregoing, Paul Hunt
does declare the following Grading Easement as a covenant that
shall run with the lots in the subdivision as aforedescribed as
follows:
1. The property subject to this Declaration of Grading
Easement is the property described as Lots 2 & 3 , exclusively,
which property is described as lots on a subdivision map
entitled "Subdivision of Lee Knolls Paul Hunt - Section II"
located at Ketchamtown Road, in the Town of Wappinger, County of
Dutchess and State of New York, which subdivision map was
prepared by Barger, Day & Oswald, dated July 22 , 1994 and
revised October 25, 1994, November 18, 1994, December 26, 1994,
April 8, 1995, April 24, 1995, May 1, 1995, May 17, 1995 and
June 6, 1995 and recorded in the Dutchess County Clerk's Office
simultaneously herewith.
2 . This agreement shall inure to the benefit of and be
enforceable by each and every individual owner of Lots 2 & 3 in
the aforedescribed subdivision and shall run with the lands and
be controlling over the rights and interests of the parties
hereto and to all subsequent purchasers of the lots and their
successors in interest without modification except as expressly
reserved and permitted herein>
3 . This Declaration of Grading Easement shall be recorded
simultaneously with the filing of the approved subdivision map
of the aforesaid premises and be given full force and effect
upon said filing and recording.
4 . The owner of Lots 2 & 3 , by this instrument, grants
the following Grading Easement which shall be located as
follows:
a. Fifty feet (501 ) in width centered upon the
boundary line at which the aforesaid Lots 2 & 3 adjoin.
5. Each of the individual lot owners effected by this
Declaration of Grading Easement shall have the right to perform
such grading work within the easement as shall be required and
limited to, that necessary to achieve the grading and initial
contours and construction of the improvements shown on the
subdivision map made reference to in this Declaration of Grading
Easement.
6. Any owner of any lot who shall so exercise any right
under this easement shall hold harmless and defend any third
party from any cause of action arising from said exercise.
IN WITNESS WHEREOF, PAUL HUNT, hereunto set his hand on
this Declaration of Grading Easement this �� day of June,
1995.
7�L:l
STATE OF NEW YORK }
) ss. :
COUNTY OF DUTCHESS }
On this —�� day of June, 1995, before me personally came Paul
Hunt, to me known to be the individual desc..r'bed in and who
executed the foregoing instrument and know edged ha he
executed the same..
NOTAR UBL
ANTHONY L.PAGONES
140TARY PUBLIC, State of New York
Qualified in putchess County
Commission Expires August 31. 1
GRANT OF PERMANENT DRAINAGE EASEMENT
THIS INDENTURE, made the day of June, 1995, between PAUL HUNT,
residing at Judy Lane, Fishkill, New York, 12524, (herein referred to as the
"GRANTOR"), and TOWN OF WAPPINGER, a municipal corporation with offices at
Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York,
12590, (herein referred to as the "GRANTEE"),
WITNESSETH :
In consideration of the sum of ONE ($1 .00) DOLLAR, lawful money of the
United States, actual consideration, and in the further consideration of the promises
set forth below, the GRANTOR hereby grants and releases unto the GRANTEE a
PERMANENT DRAINAGE EASEMENT AND RIGHT-OF-WAY for the following uses and
purposes upon the following terms and conditions:
1 . GRANT OF PERMANENT EASEMENT AND RIGHT-OF-WAY. The
GRANTOR grants unto the GRANTEE a PERMANENT EASEMENT and RIGHT-OF-WAY
in, on, under and through that portion of the GRANTOR'S parcel hereinafter described
and called the PERMANENT EASEMENT AREA, for the purposes of constructing,
operating, maintaining, repairing, reconstructing, replacing and inspecting, pipes,
conduits and related appurtenances for the transportation and disposal of surface,
storm or ground water, and/or potable water through the PERMANENT EASEMENT
1
i
AREA, more particularly described on Schedule "A" attached hereto and made a part
hereof.
2. ACCESS. This GRANT of Permanent Easement shall include, but is not
limited to the following appurtenant rights necessary to effectuate the construction
and maintenance of the aforementioned water pipes, lines,ditches and appurtenances:
(a) the right if ingress and egress by man, motor vehicle and
construction equipment necessary to lay and construct the water pipes and lines and
appurtenances in, on, under and through the PERMANENT EASEMENT AREA and to
maintain, repair, reconstruct, replace and inspect the same as GRANTEE may deem
necessary or desirable; and
(b) the right to clear, excavate, fill, grade, or cultivate the
PERMANENT EASEMENT AREA and/or otherwise improve the same for the purposes
herein set forth.
3. PROHIBITION OF STRUCTURES. The GRANTOR is hereby prohibited
from constructing and/or maintaining any type of permanent structure include
underground pipes and conduits in, on, under or over the PERMANENT EASEMENT
AREA without written permission of GRANTEE.
4. RESEEDING. All areas disturbed by the exercise of the PERMANENT
EASEMENT AREA AND RIGHT-OF-WAY shall be, if necessary, reseeded by GRANTEE.
5. DURATION. The terms, covenants and agreements herein contained shall
2
be binding on the successors and assigns of parties hereto, their respective heirs,
distributees, legal representatives, and ALL COVENANTS HEREIN SHALL RUN WITH
THE LAND AFFECTED HEREBY AND SHALL BE PERPETUAL IN DURATION.
IN WITNESS WHEREOF, the GRANTOR and GRANTEE have executed this
instrument as of the date first set forth above.
PAUL HUNT
TOWN OF WAPPINGER
By:
STATE OF NEW YORK. }
}ss.:
COUNTY OF DUTCHESS }
On the day of dune, 1995, before me personally came PAUL HUNT to
me known to be the individual described in and who executed the foregoing
instrument, and acknowledged that he executed the same.
NOTARY PUBLI
ANTHONY L. PAGONES
STATE OF NEW YORK } NOTARY PUBLIC, State of New York
Qualified in Dutchess County I }
Commission Expires August 31,
3
)ss.:
COUNTY OF DUTCHESS )
I
On the day of June, 1995, before me personally came
to me known, who, being by me
duly sworn, did depose and say that (s)he resides at
that (s)he is the of
the TOWN OF WAPPINGER, the corporation described in and which executed the
foregoing instrument; that (s)he knows the seal of said corporation; that the seal
affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said corporation, and that (s)he signed h_name thereto by like
order.
NOTARY PUBLIC
4
BARGER, DAY & OSwALD
Consulting Engineers & Land Surveyors
Richard G.Barger, PE&LS
Mark A.Day.PE' June 6, 1995
RoberrV. Oswald,LS Paul Hunt
to
The Town of Wappinger
(Drainage Easement Lot No. 1 )
Subdivision of Lee Knolls
M for
Paul Hunt - Section II
Filed map no.
1a-6s
Route 82 Deed Description
Hopewell Ict,NY 12333
(914) _.37-4227 Description of a certain parcel of land
Fax 236-1314 situated in the Town of Wappinger, County of
Dutchess and the State of New York.
Beginning at a point along the westerly
line of Erin Sue Drive said point being the
intersection of the westerly line of Erin Sue Drive
with the easterly line of Lot no. 1 and said point
being distant SOUTH 1327-39 W7sa4T 33.90 feet from
the northeasterly corner of Loi no. 1 as shown on a
certain map entitled Subdivision of Lee Knolls for
Paul Hunt-Section II and filed in the Dutchess
County Clerks Office as filed map no. , thence
in a southerly direction along the westerly line of
Erin Sue Drive, SOUTH 13-27-39 WEST 43 .00 feet to a
Point, thence in a northerly, easterly and southerly
direction over and through Lot no. 1 the following
courses and distances, NORTH 38-35-50 WEST 147 .75
feet to a point, thence NORTH 51-24-10 EAST 30 .00
feet to a point, thence SOUTH 38-35-50 EAST 84.36
feet to the point of beginning. Containing 0 .07
acres of lands more or less.
SUBJECT TO THE RIGHTS OF PUBLIC UTILITIES OF RECORD
� 1
May 16, 1995
BARGER Y &. OSWAM
Consulting Engineers & Land Surveyors
a41,:
` Richard G.Barger,PE&LS January 26, 1995
Mark A. Day, PE Paul Hunt
to
Robert V. Oswald,LS The Town of Wappinger
(Drainage Easement Lot No. 4 & Lot No. 5)
Subdivision of Lee Knolls
for
Paul Hunt -- Section II
Filed map no.
Deed Description
894 1'
Roule52 Description of a certain parcel of land
Beacon, New York 12508 situated in the Town of Wappinger, County of
(914) .838-2020 Dutchess and the State of New York.
Fax 838-3346
Beginning at a point along the easterly line of
Erin Sue Drive, said point being the intersection of
the easterly line of Erin Sue Drive with the
southwesterly corner of Lot no. 5 as shown on a
certain map entitled Subdivision of Lee Knolls for
Paul Hunt - Section II and filed in the Dutchess
County Clerks Office as. filed map no. , thence
in a northerly direction along the easterly line of
Erin Sue Drive, NORTH 24-37-00 EAST 15 . 00 feet to a
point, thence in generally in a easterly direction
over and through Lot no. 5 the following courses and
distances, SOUTH 65--23-00 EAST 51.47 feet to a
point, thence SOUTH 54-13-00 EAST 159 . 07 feet to a
point, thence NORTH 35-47--00 EAST 65 . 00 feet to a
point, thence SOUTH 54-13--00 EAST 102 .01 feet to a
point, thence SOUTH 35-47-00 WEST 80 .00 feet to a
point along the northerly line of Lot no. 4 of the
aforesaid filed snap, thence over and through Lot no.
4 the following courses and distances, SOUTH 35-47-
00 WEST 81 . 97 feet to a point, thence NORTH 54-13-00
WEST 102 . 01 feet to a point, thence NORTH 35-47-00
EAST 66.97 feet to a point, thence NORTH 54-13-00
WEST 156 . 13 feet to a point, thence NORTH 65-23-00
WEST 48.54 feet to a point along the easterly line
of Erin Sue Drive, thence in a northerly direction
along the easterly line of Erin Sue Drive, NORTH 24-
37-00 EAST 15 .00 feet to the point of beginning.
Containing 0. 52 acres of land more or less.
SUBJECT TO THE RIGHTS OF PUBLIC UTILITIES OF RECORD
TP-504 (0104) New Yurk Salo Doptulmonl of lhxalio,and rinauce For department use only
Combined Real Property
v Transfer Gains Tax Affidavit
Real Estate Transfer Tax Return
Credit fine Mortgage Certificate
See instructions P-584-1 before com±e_VQ9 fh_is form.Please print or type.
Sc edu e A - I rmatlon Relating to Conveyance
(Transferodgrantor) Name(it Individual;last,firs!,middle Initial) Social security number/
HUNT PAUL b /
3[ ,drotdual Ocorporall- Mailing address ZIP code Federal employer Idenlilicallon number
OP.rla.rshipClofbe, Jlady Lane, Fishkill, New York 12524 J
(Transferee/grantee) Name(x tndivrd�ai•lase,rest,nliddfe foiliali Social socurhy number
TOWN OF WAPPINGER Ii
Ulnd1,1d,,I=,,p9rallvnJ Malting address ZIP code Federal emptoyar Idenlilicallon number
Or.nr.r.rdp oow.r 1 20 Middlebush Road, Wappingers Falls, NY12590 14 6002488
Location and description of properly conveyed
Tax map designation Address City/Village Town County
Section Block I Lot
Wappinger Dutchess
Type or property conveyed(check applicable box)
1 ❑ 1 -3 family house 5 ❑ Commercfal/Industrial
2 ❑ Residential cooperative 6 ❑ Apartment building Date of conveyance Percentage of real property
3 ❑ Residential condominium 7 ❑ Office building conveyed which Is resident!
4 ❑ Vacant land 6 ® Other- drainacre 95 real property 0
easement menu, day year (see Instructions)
Condition of conveyance(check all that apply)
a. -,--Conveyance of fee Interest If. —Conveyance which consists of n mere k• _Contract assignment
b. —Acquisition of a controlling Interest(slate change of Identity or form of owilorship or I. _Option assignment or surrender
percentage acquired %) organization y m. _Leasehold assignment or surrender
C. .Transfer of a controlling interest(slate (affach Form TP-594.1•Schedule F) n. -Leasehold grant
percentage transferred %) g• —Conveyance for which credit for lax o. X Conveyance of an easement
previously paid will be claimed p. _Conveyance for which exemption iron
d. _Conveyance to cooperative housing (allach Florin TP-594.1,schedule G) transfer tax Is claimed(complete
corporation It. _Conveyance o1 cooperative aparlmenl(s) Schedule C, Part III)
e. _Conveyance pursuant to or in lieu of 1. —Syndication q. —Conveyance of property partly within
foreclosure or enforcement of security i• —Conveyance of air rights or development partly without the stale
Interest(attach Form TP-584.1,Schedule E) rights r. —Other {describe)
Schedule B - Real Property Transfer Gains Tax Affidavit (Article 31-B of the Tax Law)
❑ Check this box If a Tentative Assessment and return Is being filed with respect to your current transfer,and proceed to Schedule C
without completing the following allldavlt.Also,enter the assessment number shown on the Tentative Assessment:
(we)certify that:(check appropriate box)
1 ❑ The transfer of real properly consists of the execution of a contract to sell real properly without the use or occupancy of such property or the
granting of an option to purchase real properly without the use or occupancy of such properly.
2 ® The transfer Is a transfer of real property where Ilia consideration Is less than$500,000,and the transfer Is neither(A)pursuant to a cooperali
or condominium plan,nor(B)a partial or successive transfer(I.e.,a transfer that Is one of a series of transfers of contiguous or adjacent
Interests In real properly e.g.,subdivided parcels).
3 ❑ The transfer Is a transfer of real property by tenants In common,Joint lenants or tenants by ilio entirety where the aggregate consideration is
less than$500,000.(All such transferors must sign this form.)
4 ❑ The conveyance is not a transfer of real property within ilio meaning of section 1440.7 of Article 31-B of the Tax Law.(Attach documents
supporting such claim,and sign on back as required.)
5 ❑ The transfer or real property consists of premises wholly occupied and used by the transferor exclusively as his residence,Including a
- cooperative apartment or condominlum occupied by the transferor exclusively as a residence.(This exemption may only be claimed and
attested to by a transferor that Is an Individual,estate or trust.)
6 ❑ Transferor is cite slate of New York,or any of Its agencies,Instrumentalities,political subdivisions,or public corporations,Including a public
corporation created pursuant to an agreement or compact with another stale or Canada.
7 ❑ Transferor Is the United Nations or any other International organization of which the United States Is a member,the United Slates of America
any of Its agencies or Instrumentalities.
Schedule C - Real Estate Transfer Tax Return (Article 31 of the Tax Law)
Part I-Computation of Tax Due
1 Enter amount of consideration for conveyance(if you are claiming a(oral exemption from fax,enter consideration
and proceed to Pan 111)...................................................... 1 0 _
2 Continuing lien deduction(see Instrucilons It property is taken subject to mortgage or lien)..................... 2 0
3 Taxable consideration (subtract fine 2 from fine 1)................................................ .. 3 0
4 Tax due:$2 for each$500,or fractional part thereof,of consideration on line-3......................... 4
5 Amount of credit claimed(see instructions and allach Form TP-594.f,Schedule G)...........................I 5 0
6 Total lax due' (subtract fine 5 from 1 r line 4).......................................................... 0
Part II-Computation of Additional Tax Due on Ilia Conveyance of Residential Real Property for$1 Million or More
1 Enter amount of consideration for conveyance(from Par[1, line 1)................................... 1
2 Taxable consideration(multiply line 1 by the potceniago of ilia premises which Is residential real property;see inslruclions) . 2 0 _
3 Total additional transfer tax due' (136 of line 2) ................................. :.............. 3
*Please make checks)payable to the county clerk where the recording Is to take place or if the recording is Io take place In New Yuri
City, make check(s)payable to the NYC Department of Finance. 1f no recording is required,send your check(s)made payable to the
.Department of Taxation and Finance,directly to the NYS Tax Department,TTTBTransfer Tax, P O Box 5045,Albany NY 12205-5045.
ror recording officer's use Amount � Pall 1 S Date received Transacllon number
recolvod part II S
s i°-bOJ (t1194)(tiack)
Schedule C - (continued)
Part IiI-Explanation of Exemption Claimed in Part i, line I (check any boxes that apply)
The conveyance of real properly is exempt from Ihd real estate transfer tax for the following reason:
a. Conveyance is to the United Nations, Ilia United Stales of America, the slate of New York or any of[heir instrumentalities,
agencies or political subdivisions(or any public corporation,including a public corporation created pursuant to agreement or
compact with another stale or Canada).......................................................................a ❑
b. Conveyance is to secure a debt or other obligation.............................................................b ❑
c. Conveyance is without additional consideration to confirm,correct, modify or supplement a prior conveyance............_.c c ❑
d. Conveyance of real property is without consideration and not in connection will) a sale,including conveyances conveying
realtyas bona fide gifts...................................................................................d ❑
e. Conveyance is given In connection with a lax sale.............................................................e ❑
1. Conveyance Is a more change of identity or form of ownership or organization where there is no change In beneficial
ownership. (Tills exemption cannot be claimed for a conveyance to a cooperative housing corporation of real properly
comprising the cooperative dwelling or dwellings.)...............................................,..............f ❑
g. Conveyance consists of deed of partition......................... ...... ........................g ❑
h. Conveyance is given pursuant to the federal bankruptcy act......................................................h ❑
I. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such properly or
the granting of an option to purchase real property without the use or occupancy of such property,..............I......i ❑
j. Conveyance of an option or contract to purchase real property with the use or occupancy of such property where the
consideration is less than$200,000 and such property was used solely by the grantor as his personal residence and
consists of a 1-, 2-, or 3-family house,a residential Individualcondominium.unit,or the sale of stock in a cooperative
housing corporation In connection with the grant or transfer of a proprietary leasehold covering an individual residential
cooperativeunit..........................................................................................j ❑
k. Conveyance Is not a conveyance within the meaning of section 1401(e)of Article 31 of the Tax Law(attach documents
supportingsuch claim)......................................................................................k ❑
1. Other(attach explanation).etmyeyanee, of, a drainage easement.
........................................I
Schedule D - Credit Line Mortgage Certificate (Article 11 of the Tax Law)
Complete the following only If the.Interest being transferred Is a fee simple Interest.
1(we)certify that:(check appropriate box)
1 ❑ The real properly being sold or transferred is not principally improved nor will it be Improved by a one-to six-family owner-
occupied residence or dwelling.
2 ® The real property being sold or transferred is not subject to an outstanding credit line mortgage.
3 ❑ The real property being sold or transferred Is subject to an outstanding credit line mortgage. However, an exemption from the tax
is claimed for Ilia following reason.
❑ The transfer of real properly is a transfer of a fee simple interest to a person or persons who held a fee simple Interest in
the real properly(whether as a joint tenant, a tonant In common or otherwise)immediately prior to the transfer.
❑ The transfer of real properly is(Al to a person or persons related by blood, marriage or adoption to the original obligor or
to one or more of the original obligors or(B)to a person or entity where a majority of the beneficial Interest in such real
property after the transfer is held by the transferor or such related person or persons.
❑ The transfer of real property is a transfer to a trustee in bankruptcy, a receiver, assignee or other officer of a court.
❑ Other(attach detailed explanation).
4 ❑ The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due for the
following reason: 1
❑ A certificate of discharge of the credit lige mortgage Is being offered at the lime of recording the deed.
❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a
salislaclion of such mortgage will be recorded as soon as it Is available.
5 ❑ The real property being transferred is subject to an outstanding credit line mortgage on record at
(Insert liber and page or reel or other ldentificalion of the mortgage).The maximum principal amount expressed in Ilio mortgage
is . No exemption from lax Is claimed and the tax of is
being paid herewith. (Make check payable to county clerk where deed will be recorded or, if file recording is to take place in
New York City, make check payable to the NYC Department of Finance.)
Signature and Affirmation (both the transferor(s)lgrantor(s) and transferee(s)/grantee(s) must Sign)._
The undersigned,being duly sworn,depose and say under penally of perjury that the above return,including any affidavit,certification,
scheduletil
ttacMlorlicles
examined by the undersigned, and Is, to the best of his/her knowledge, true and complete and made
in good f urs11, d 31-B of the New York Slate Tax Law.
Town OP Wappinger _
Transfer r/grant Title Transfereelgranlee �h0 Title
P 6Vv B `
Subscribed to sworn b fore me Subscribed to and sworn before me
lilts 'lt day f Jtane 19 95, this day of .19 95 .
Stale of Ne y4k
State of New York
ANTHONY L.PAGONES
NOTARY PUBLIC,State of New York
Ceunly of Dutchess Qualified in Dutchess County ounly of Diatchess
Commission Expires Aug4s�38
Reminder:Did you complete all of the required Intormatiori n c�,elu e and B7 Were you required to complete Schedules C and D?
It you checked e,f and g in Schedule A,did you complete TP-584.17 Have you attached your check(s)made payable to the county
clerk or city register where recording will take place or,if the recording Is In New York City,to the NYC Department of Finance?If
no recording Is required,send your check(s),made payable to the Department of Taxallon and Finance,directly to the NYS Tax
Department,TTTBTranster.Tax,P O Box 5045,Albany NY 12205-0545,
a
w Sundud N.Y.BJ'.U.Fo 8002 Bnpin and Sale Drad.-i.h Cov, w.Bairn.G--'.Aa.—Indy dmf-C-pow—(Si.&I,Shea.)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.
THIS INDENTURE,made the day of ,nineteen hundred and ninety f ive
BETWEEN
PAUL HUNT, residing at Judy Lane, Fishkill, New York, 12524
party of the first part,and
THE TOWN OF WAPPINGER, a municipal corporation with offices at
the Town of Wappinger Town Hall, 20 Middlebush Road, Wappingers
Falls, New York., 12590
party of the second part,
WITNESSETH, that the party of the first part,in consideration of ten dollars and other valuable consideration
paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs
or successors and assigns of the party of the second part forever, a snow easement over the
f old.owing described prgmises
ALL that certain plot, piece or parcel of land,xitS �714t�c1�3pA4R4ttti�A�44E4c4dX�4�. rte,
lying and being in the
Town of Wappinger,County of Dutchess and State of New
York as shown on Schedule "A" attached hereto and made a part hereof.
The snow easement area described herein shall remain free of any structures
or encroachments, including but not limited to plantings, buildings, structures
or other obstructions, or regrading in order to maintain a clear, unobstructed
area for deposit and storage of snow as may be required by the Town. The
Grantor agrees that the easement area shall be cleared prior to the issuance of
any building permit.
Grantor has further executed and intends to record simultaneously herewith,
covenants and restrictions to assure that this snow easement area is kept clear
and that this snow easement authorizes the Town of Wappinger to enter the
property for the purpose of clearing and removing any obstructions to
effectuate the standards stated herein and maintain a clear,unobstructed area.
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.
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 encumbered 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"V5nd td`bc'applied-�st for the purpose of paying the cost of the improvement and will apply
the same first to the )iaymcnt of.tle 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
written.
IN rjt sexcs os:
PAUL" NT
STATE OF NEW YORK, COUNTY OF Du,tchesS set STATE OF NEW YORK, COUNTY OF ssl
On the 6"�day of June 1995 , before me On the day of 19 before me
personally came Paul Hunt personally came
to me known to be the individual described in and who to me known to be the individual described in and who
executed the foregoi instrument, and nowledged that executed the foregoing instrument, and acknowledged that
he exec tt�the me. executed the same.
Notar Public
ANTHONY!_ PAGONES
NOTARY P i EState of New York
Qua!�fi: _ n Dutchess County
Commisson Expires August 31. 9416
STATE OF NEW YORK, COUNTY OF sse STATE OF NEW YORK, COUNTY OF ssi
On the day of 19 before me On the day of 19 before me
personally came personally came
tome 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
that he is the sworn, did depose and say that he resides at No.
of that he knows
the corporation described
in and which executed the foregoing instrument; that be 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.
33arquitt nub Oale Deed
SECTION
WITH COVENANT AGAINST GRANTOR'S Aurs BLOCK
TITLE No. LOT
COUNTY OR TOWN -
PAUL HUNT
TO
TOWN OF WAPPINGER
RETURN BY MAIL TO:
STANDARD FORM Of NEW YORK BOARD OF TITIE UNDEEWEIIEES Albert P. Roberts, Esq
1611 Route 9
Distributed by Wappingers Falls, New York
SECURITY TITLE AND GUARANTY COMPANY
CHARTERED 1926-�IN NEW YORK p 12590
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7P-504 (0194) New}blk Slalo Department of T.-4Q.and Fina—e For depnrimenE usei
Combined Real property
Transfer.Gains Tax Affidavit
Real Estate Transfer Tax Return
Credit Line Mortgage Certificate
See instructions P--564-1 before corn leting this form. Please print or type.
Schedule A - nformation Relating to Conveyance
(Transferorigrantor) Name(rf individual;Iasi,first,middle Initial) Social security number
HUNT PAUL B C �
20[ndwdual L)Co,poralloo Malting address ZIP code Federal employer I en i icatlon number
dna,maOdr,0olna, Judy Lane, Fishkill, New York 12524
Name(if individual,'fast,first,middto Initial) social.security number
{Translereelgranlee) TOWN OF WAPPZNGER
I I
❑hdl•Idvn7Xtro�po,ano,. Melling address ZIP code Federal employer Identification number
Ovanns,anq oorbar 20 Mid(ilebush Road, Wappingers Falls, NY12590 14 6002488
Location and description of property conveyed
Tax map designation Address CityiVillage Town Count
Section Block I Lot
Wappinger Dut:ches
Type of properly conveyed(check applicable box)
1 ❑ 1 -3 family house 5 ❑ CommerclaitIndustrial
2 ❑ Residential cooperative 6 ❑ Apartment building Date of conveyance Percentage of real prope
3 ❑ nesidential condominium 7 El Office buildingconveyed which Is reside
4 ❑ Vacant land 8 ® Other snoeasement 95 real properly 0
month day year (see instructions)
Condition of conveyance(check all that apply)
a. _Conveyance of tae Interest I. _Conveyance which consists of clmere k. _Contract assignment
b. —Acquisition of a controlling Interest(state change of Identity or form of owiforshlp or I. _Option assignment or surrender
percentage acquired ado) organization II m. _Leasehold assignment or surrende
(affach Fenn TP-504.1,Scheduie F) n. _Leasehold grant
c. _Transfer of a controlling Interest(stale g. _Conveyance for which credit for lax o. XConveyance of an easement
percentage transferred %) previously paid will be claimed p. —Conveyance for which exemption G
d. —Conveyance to cooperative housing (affach Form TP-504.1,Schedule G) transfer tax Is claimed(complete
corporation h. —Conveyance of cooperative aparlmenl(s) Schedule C, Part Ill)
e. _Conveyance pursuant to or in lieu of 1- —Syndication q. _.Conveyance of properly partly with
foreclosure or enforcement of security J. —Conveyance of air rights or development partly,without the stale
Interest(affach Form TP-584.1,Schedule E) rights r. —Other (describe)
Schedule B - Real Property Transfer Gains Tax Affidavit (Article 31-B of the Tax Law)
❑ Check this box If a Tentative Assessment and nefurn Is being filed with respect to your current transfer,and proceed to Schedule I
without completing the following affldavll.Also,enter the assessment number shown on the Tenfallve Assessment:
(we)certify that:(check appropriate box)
1 ❑ The transfer o1 real properly consists of Ilia execution of a contract to sell real property without the use or occupancy of such properly or II
grafting of an option to purchase real properly without the use or occupancy of such property.
2 ® The transfer Is a transfer of teal properly where lire consideration Is less than$500,000,and the transfer Is neither(A)pursuant to a coupe
or condominium plan,nor(B)a partial or successive transfer(i.e.,a transfer that Is one of a series of transfers of contiguous or adjacent
Interests In real properly e.g.,subdivided parcels).
3 ❑ The transfer Is a transfer of real properly by tenants In common,Joint tenants or tenants by Ilio entirely where the aggregate consideration
less than$500,000.(All such transferors must sign(his form.)
4 ❑ The conveyance Is not a transfer or real properly within ilia meaning of section 1440.7 of Article 31-6 of the Tax Law.(Attach documents
supporting such claim,and sign on back as required.)
5 ❑ The Iransler of real properly consists of premises wholly occupied and used by the translator exclusively as his residence,including a
cooperative apartment or condominium occupied by(he transferor exclusively as a residence.(This exemption may only be claimed and
attested to by a transferor that Is an Individual,estate or trust.)
6 ❑ Translator is the state of New York,or any of Its agencies,Instrumentalities,political subdivisions,or public corporations,Incl6ding a public
corporation created pursuant to an agreement or compact with another stale or Canada.
7 ❑ Transferor Is the United Nations or any other International organization of which the United Slates is a member,the United Slates of Amerl,
any of its agencies or instrumentalities.
Schedule C - Real Estate Transfer Tax Return (Article 31 of the Tax Law)
Part I-Computation of Tax Due
1 Enter amount of consideration for conveyance(ir you are claiming a total exemption from tax,enter consideration
and proceed to Part 111).._..................................................................... 1 0
2 Continuing lien deduction(see instructions If property is taken subject to mortgage or lien)..................... 2 0
3 Taxable consideration (subtract line 2 from line 1)................................................... 3 0
4 Tax due:$2 for each$500,or fractional part thereof,of consideration on line 3......................... 4
5 Amount of credit claimed(see instructions and alfach Form TP-584.1,Schedule G)........................... 5 0
6 Total tax due" (subtract line 5 from lute 4)..........................................................1 6
Part It-Computation of Additional Tax Due on the Conveyance of Residential Heal Properly for$1 Million or More
1 Enter amount of consideration for conveyance (train Part 1, line 1)................................... 1
2 Taxable consideration(multiply line i by fire percentage of lite premrses which is residential real properly,see inslruUlons) . 2 0
3 Total additional transfer tax due' (146 of line 2)...................c....:,.. .......... 3
*Please make check(s)payable to the county clerk where the recording.is to lake place or if.the recording is to lake place In New 1
City,make chock(s)payable to the NYC Department of Ffnance:-ll'no recording Is required,send,your check(s)made payable to th
Department of Taxation and Finance, directly to the NYS Tax Department,TTTBTransfer Tax, P O Box 5045,Albany NY 12205-504
ror.18colding Officer's use Amouli P Poll 1 $ Dale received Transaction number
received port 11
s
1-17-584(0/04)(back)
Schedule C - continued
Part III-Explanation of Exemption Claimed in Part i, line 1 (check any boxes that apply)
The conveyance of real properly is exempt from the real estate transfer tax for the following reason:
a. Conveyance is to the United Nations, the United Slates of America,the slate of New York or any of their instrumentalities,
agencies or political subdivisions(or any public corporation, Including a public corporation created pursuant to agreement or
compact with another state or Canada).....................I..............-.-................................a El
b. Conveyance Is to secure a debt or other obligation.............................................................b El
c. Conveyance Is without additional consideration to confirm,correct, modify or supplement a prior conveyance—:...........c ❑
d. Conveyance of real property Is without consideration and not In connection with a sale,including conveyances conveying
realtyas bona fide gifts...................................................................................d El
e. Conveyance Is given in connection with a tax sale ................ ............................................. e ❑
I. Conveyance Is a more change of Identity or form of ownership or organization where there is no change In beneficial
ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real properly
Elcomprising the cooperative dwelling or dwellings.)........................ .................... ...._........-f
El
g. Conveyance consists of deed of partition.......................................... .........................:`g'
h. Conveyance Is given pursuant to the federal bankruptcy act..............................................--------h ❑
1. Conveyance consists of the execution of a contract to sell real property without the use or occupancy of such properly or
the granting of an option to purchase real property without the use or occupancy of such properly......................I ❑
j. Conveyance of an option or contract to purchase real properly with the use or occupancy of such property where the
consideration is less than$200,000 and such property was used solely by the grantor as his personal residence and
consists of a 1-,2-,or 3-family house,a residential Individual condominium unit,or the sale of stock in a cooperative
housing corporation in connection with the grant or transfer of a proprietary leasehold covering an individual residential ❑
cooperativeunit........................................................._...............................J
k. Conveyance Is not a conveyance within ilio meaning of section 1401(e)of Article 31 of the Tax Law(aflach documents
supporting such clatm)........................................................ ........................k ❑
conveyance of a snow easement l J]
I. Other(attach explanation)..............................................................................
Schedule D - Credit Line Mortgage Certificate Article 11 of the Tax Law
Complete the following only If the Interest being transferred Is a fee simple interest.
I(we)certify that:(check appropriate box)
1 ❑ The real property being sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-
occupied residence or dwelling.
2 M The real property being sold or transferred is not subject to an outstanding credit line mortgage.
3 ❑ The real property being sold or transferred is subject to an outstanding credit line mortgage. However, an exemption from the tax
is claimed for the following reason.
❑ The transfer of real properly is a transter of a fee simple interest to a person or persons who held a fee simple interest in
the real property(whether as a joint tenant, a tenant in common or otherwise)immediately prior to the transfer.
❑ The transfer of real property is(A)to a person or persons related by blood, marriage or adoption to the original obligor or
to one or more of the original obligors or(8)to a person or entity where a majority of the benefefal interest in such real
property after the transfer is held by the translator or such related person or persons.
❑ The transfer of real property is a transfer to a trustee in bankruptcy,a receiver,assignee or other officer of a court.
❑ Other(attach detailed explanation).
4 ❑ The real properly being transferred is presently subject to an outstanding credit line mortgage.However, no tax is due for the
following reason: r,
❑ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed.
❑ A check has been drawn payable for transmission to the credit line mortgagee or his agent for the balance due, and a
satisfaction of such mortgage will be recorded as soon as it is available.
5 ❑ The real property being transferred is subject to an outstanding credit line mortgage on record at
(insert liber and page or reel or other Identification of the mortgage).The maximum principal amount expressed in the mortgage
Is . No exemption from tax is claimed and the tax of is
being paid herewith.(Make check payable to county clerk where deed will be recorded or, if the recording Is to take place in
New York City,make check payable to the NYC Department of Finance.)
Signature and Affirmation (both the transferors rg antor(ss) and transferee(s)/grantee(s) must sign).
The undersigned, being duly sworn,depose and say under penalty of perjury that the above return,including any affidavit, certification,
schedule or attachment,has been examined by the undersigned, and Is, to ilia best of hislher knowledge,true and complete and made
in good fain'P suant to Articles i the New York State Tax Law.
/ -— N
Town of Wappinger
Translerorlgramor Title T nsfereelgranlea Tine
Paul Hunt
<d
Subscribed to and sworn before me Subscribed to and sworn before me
MIS day of June ,19 95. [Ills day of 1g 95
ANTmONYL.PAGONES New York
State of NMAMY PUBLIC,State of New York Stale of
Qualified irl Out-chess County
County of Dutchess Comiltis5llinExpires August 31,19 Countyof Dutchess
Reminder:Did you complete all of the required Information in Schedules A and B?Were you required to complete Schedules C and D?
if you checked e,f and g In Schedule A,did you complete TP-504.1?Have you attached your check(s)made payable to the county
clerk or city register where recording will take place or,fl the recording is In New York City,to the NYC Department of Finance?If
no recording Is required,sent your check(s),made payable to the Department of Taxaflon and Finance,directly to the NYS Tax
Denarlmenl-TTTBTranslcr Tax,P 0 Box 5045, Alhrtnv NY 122n5-n545.
06/20/95 09.52. . . .... .
CORSALLY, GARTLAND AND RAPPLEYEA
Attornzgs auh Qlvnn tbra at Nam
CHARLES J.COReAI LY(1966l 19ANonvoN OUILO7NG
JOHN J, GARTLAND.JR, DANK OF MIL�L.BROOK aviLo a;
ALLAN E.f:IAPPL.EYEA 35 MARKET S-MEET g74 f'•RANKLIN^VENUE,P.O, d809OA�NIEL F.CUIj YIN
FRED W. SCHACFFER POUGHKEEPSIE, NEW YORK 12601•25Z85 MILLBROOK,HEW YORK IZGAS.O97A
-JON HOLDEN AOAMS � 914.677 5539
MICHAEL 6,GARTLAND FAX 9u4-a5 a-arag7
VINCENT L.01:91A9E FLORIDA OFFIC& el3.4e1•3H 4
PAUL 0.SULLIVAN• 1511 DRUID ROAD CAST.SUITE IOi 6 Ip,Z
WILLIAM F, 90GLC.JR, T£L.CPHONE GIA-454-1110 P,O,I&CX IOp-13
RCNA MUCKENHOUPT O'CONNOR [L£A►7WAT5R, LORIGA 3ay17
ALLAN S.AAPPLEYCAaa
'MEMBILa N.Y,ANO FLpKIOA BAR 5T6PWCN G.WAYT5,OF COUNSEL...
••MEMgCII N.Y ANC cr A.P `••M6hB6R OC FLORIDA ds.N ONLY
MILTON M, MAVCN
cgUNOc4
EDWARU J.MURTAUGH .
SPECIAL CONNAFI-
June 29, 1995
Anthony Pagones, Esq.
2 Summit court
Fishkill, New York 12524
Re: Hunt Subdivision - Mrs. Reese
Dear Tony:
I have examined Schedule "A", a copy of which I attached
hereto which is to be attached to the Frances Stevens Reese to Paul
Hunt and Town of Wappinger easement and both Mrs ► Reese, and I have
approved of Schedule "All as attached hereto.
You may feel free to attach the same to the deed.
Very truly youzs,
COREALLY GARTLAND RAPPLEYEA
ALLAN E. RAPPLEYEA
AER/kg -
Enols. r�-�'
1
UJ
Pftx-1t-a d fax war
w
DOpIR. \
20/FO•d z:60 566 -��-Nflr
20'd Ibi0i
06/29/95 08:52 V CGR
OS-20 93 07.10PM FROM MONES, CROSS TO 4544857 p003/003 ~
SCHEDULE A
The parties hereto acknowledge and agree that the easement
herein referred to is intended to benefit the lands of Hunt on
the north side of lcetchamtoVn Road. The parties acknowledge
that the normal flow of water proceeds in a northerly direction
in and through the culvert under Ketchamtown Road from, the Lands
Of Reese onto the Lands of taunt.
The parties further acknovledge that during the occurrence
of a 100 year storm evenr- the detention racility constructed as
part of the Hunt-Subdivision - phase II approval shall cause the
water to reach such an elevation as to force grater to back up
through the existing culvert and temporarily inundate a portion
of the Lands of Reese as described in this easement.
The parties acknowledge that the purpose of this easement
is intended to depict the area which in general shall be
temporarily inundated and conseckueht].y allow for the temporary
accumulation of storm water 4m the area generally described
herein.
This easement is to be read in conjunction with an
easement granted simulteaeously herewith by Paul Hunt to
Frances Stevens Meese and Paul Hunt, one of the Grantees
herein, reaffirms his obligations as therein stated and
executes this document as evidence thereof.
20/€0'd sz:60 5661-0£-Hnf
VERGtLiS, STENGER, ROBERTS & PERGAMENt'
ATTORNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS,NM YORK 12590
(914)298-2000
GERALD A.VERGII.IS• FAX(914)298-2842 LEGAL ASSISTANTS:
KENNETH M.STENGE;t DALE O'DONNELL
ALBERT P.ROBERTS AMY F-WOODARD
IPA A.MRGAMENT
ANTONIA T.LUCIA POUGHKEMtE OFFICE
IOAN F.GARRETT" 276 MAIN MALI.
THOMAS R.DAVIS PMGHKEEPSM NY 12601
ROD CIFERRI (914)432-1045
I
•ADMiI-ILDTO PRACTICE ADOPMS RMY TO,( j POUGHKEUM
IN NY A FLI.
( )VfAPPWGERS
"AOMMMO TO PRAMCE
ar NY s caNN. FACSIlV ME TRANSMITTAL
DATE:
1
TO: FAX NO.. e--). 9
FROM: l RE:
TOTAL NUMBER OF PAGES (including this sheet)
COMMENTS:
If you do not receive all pages, please call 4at (914) 298-2000.
The documents accompanying this telecopy trlansrnission contain information from the law,f'rm
of VVergilis, Stenger, Roberts &Pergament which is cogfiidential andlor legally privileged. The
Wormation is intended only for the use of the individual or entity named on this transmission
sheet. If you are not the intended recipient, you are hereby notified that any disclosure,
copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited, and that the documents should be returned to this firm
immediately. In this regard, if you have received this telecopy in error, please notify us by
telephone immediately so we can arrange for the return of the original documents to us at no
cost to you.
20/T0'd 22:60 S66i-02-Nnf
T3'd 1di0i
Vmwtus, STENGER, ROBERT$ & ftRGAMENT
A'J`X RNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS,NEW YORK 12590
(914)29$-�6U0
Q131ZALD A,VERGILISO FAX(914)298-2842 LEGAL ASSISTANTS:
KENT E-M M.STENMR DALE O'DONNELL
ALERT P,ROBERTS AMY E.WOODARD
IAA A.PERGA IENi`
ANTONIA T.LUCIA P0U0 Hk9"$tz OFIPICG
JOAN F-GARRSI' O 274 MMM mAU,
THOMAS R DAVIS POUGHKEMIE.NY 12601
RODERICK W_CIFERRI (914)452-1046
0AbMrr=To FRACT]CE APDFZ35 REPLY TO:t )POUGHKUMSM
IN NY&PLA.
c )wnrrrNc,>?as
•+A1D4 TT W To PRACI1c5
IN NY&CONN
June 22, 1995
VIA TELEFAX 297-4558
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers falls, New York 12590
Re: Paul Hunt Subdivision
Dear Town Board Members:
In supplement to my two other letters of this date, please be
advised I am in receipt of an original Deed dated June 22, 1995
from Paul Hunt to the Town of Wappinger in proper form for
Conveyance of the proposed road, known as Erin Sue Drive.
Accompanying said Deed are a Gains Tac Affidavit and 1; & A Form.
These documents are all in proper form and order and are to be held
by the Town Clerk pending acceptance of the road by the Town Board.
The original is being transmitted to Elaine Snowden for
safekeeping.
I am also in receipt of a revised Exception Sheet to the title
policy and I also find same in order.
very truly yours,
VERGILIS, STENGER, ROBFRTS & PERGAMENT
ALBERT P.OBER�TS�
APR/la
�t
P
T0i�0'd zS:bti S66Z-z�-Nflf
FOR COUNTY USE ONLY
� REAL PROPERTY TRANSFER REPORT
C1.SWIS Code
STATE OF NEW YORK
.y a STATE BOARD OF EQUALIZATION AND ASSESSMENT `
j C2.Date Deed Recorded I / /
Morin tea, Y"f ;fit EA 5217
C3.Book I I C4.Page 1 I _ - ew-szil n..t vd
rLs1_.
PROPERTY INFORMATION
I
1.Property
Location 1 STREET IIIER STR EET NAME
Town of Wappinger I 112590 1
CITY OR TOM v'u AOE ZIP CODE
i
2.Buyer I HUNT PAUL
- Name LASTNAME/COMPANY - FIRST NAME -
TOWN OF WAPPINGER
LAST NAME/COMPANY F1R5TNAME
- 3.Tax Indicate where future.Tax Bills are to be sent
Billing if other than buyer address(at bottom of form) -
Address LAST NAME I COMPANY FIRSTNMIE
STREET NUMBER AND STREET NAME cITYORTOwN - STATE ZIP CODE
4.indicate the number of Assessment (Only If Part of a Parcel)Check as they apply:
Rollparcels transferred on the deed I 1 ' g of Parcels OR Part of a Parcel
P El4A.Planning Board with Subdivision Authority Exists
i- - ❑
5.DeedI I 4B.Subdivision Approval was Required for Transfer
Property X1 ORI I. 4C.Parcel Approved for Subdivision with Map Provided ❑
Site FRONT FEET DEPTH ACRES -
S.Seller REESE I FRANCIS I
Name- LAST NAMEl COMPANY FLRSTN E
1 � �
LAST NAME/COMPANY FIRST LANAE
7.Check the box below which most accurately describes the use of the property at the time of sale: Check the boxes below as they apply:
8.Ownership Type is Condominium ❑
AN One Family Residential F Agricultural j Community Service 9,New Construction on Vacant Land ❑
B 2 or Family Residential F Commercial J industrial 1CA..Property Located within an Agricultural District
C Residential Vacant Land G Apartment IC Public Service 10B.Buyer received a disclosure notice indicating ❑
D X Non-Residential Vacant Land-H Entertainment I Amusement L Forest that the property is in an Agricultural District
SALE INFORMATION - - - 15.Check one or more of these conditions as applicableto transfer:
11.Sale Contract Date / /- I A Sale Between Relatives or Former Relatives
Month Day Year B Sale Between Related Companies or Partners in Business
C One of the Buyers is also a Seller -
�� 12.Date of Sale I Transfer 5 / / 95 D Buyer or Seller is Government Agency or Lending Institution
Month Day Year E Deed Type not Warranty or Bargain and Sale(Specify Below)
- F Sale of Fractional or Less than Fee Interest(Specify Below)
GSignificant Change in Property Between Taxable Status and Sale Dates
Price 13.Full Sale Pri
- H Sale of Business is Included in Sale Price-
(Full Sale Price is the total amount paid for the property including personal property. I Other Unusual Factors Affecting Sale Price(Specify Below)
This payment may he in the form of cash,other property or goods,or the assumption of J None -
mortgages or other obligations.)
DRAINAGE EASEMENT
14.Indicate the value of personal - -
property Included in thesale
ASSESSMENT INFORMATION - Data should reflect the latest Final Assessment Roll and Tax Bill
16.YearofAssessment Roll from 117 Total Assessed Value(ot all parcels in transfer)
which information taken L—,�
18. Property Class 'U 19.School District Name
20.Tax Map Identifler(s)I Rolf Identifler(s)(If more than four,attach sheet with additional Identifier(s)
I I I I
I I
CERTIFICATION
I certify that all of the Items of information entered on this form are true and correct(to the best of my knowledge and belief)and I understand that the making
of any willful false statement of material fact herein will subject mete the orovislons of the penal law relative to the making and filing of false instruments.
BUYER BUYEWS ATTORNEY
PAGONES ANTHONY L.
BUYER SIGNATURE DATE LASTNV.tE - FIRST—
Judy
IRSTLANAEJudy Lane 914 I 838-3400
STREET MIMBER STREET NAME(AFTER SALE) AREA CODE - TELE"ONENLIMBER
Fi.shkill I NY 12524
CTY OR TONT) STATE ZIP CODE
SELLER NEW YORK STATE
COPY
SELLER SIGNATURE - DATE /
I
ZONING DEPARTMENT C NSTAN E 0. SMITH
20 MIDDLEBUSH ROAD � SUPERVISOR
P.O. B
WA NRS FALLS, NY 1259 0-0324 � HERBERT,L LEVENS
N
(914)297-6257ZONING ADMI STRATOR
To: Elaine Snowden, Town Clerk, Town of Wappinger
From: Herbert J. Levenson, Zoning Administrator, Town of Wappinger
Re: Paul Hunt Subdivision Section. TT A/K/A Lee Knolls Subdivision
and O'Donnell Development Corp.
Date: May 23, 1995
We transmit to you for safekeeping the following Letter of Credit:
Letter of Credit. No. 326
First Hudson Valley Bank
Amount: One hundred ninety one thousand one hundred & thirty seven dollars.
($191 , 137.00)
Dated: May 22, 1995
Expiring°May 22, 1996
For the A/C Paul Hunt Subdivision TT A/K/A Lee Knolls Subdivision and O'Donnell
Development Corp.
We are also sending a copy of this document to Mr. Albert P. Roberts, Esq. for
his opinion.
Thank you for your kind cooperation.
HJL/jf
CC: Albert P. Roberts, Esq..
J. Paggi, Jr. , PE
. r
MAY 2 1995
ELAINE SNOWDEN
TOWN, Lj K
TOWN 0 F WAPPINGER
ZONING DEPARTMENT CONSTANCE o.SMITH
20 MIDDL BLI SH ROAD SUPERVISOR
F.G. BOX 3:24 � HERBERT J. LEVENSON
WAPPINGERS FALLS, NY 1259M324
ZONING ADMINISTRATOR
(914)297-6257'
-- r
�4
To: Honorable Elaine. Snowden, Town Clerk, Town of Wappinger
From: Herbert J. Levenson, 'Zoning Administrator, Town of Wappinger
Re: Paul Hunt Subdivision 11 a/k/a Lee Knolls Subdivision
Date: May 23, 1995
Attached you will find the following Documents to be filed with you
for safekeeping
1. Deed between, Frances Reese and Paul Hunt and the Town of Wappinger
2. Schedule setting up an easements between the above parties.
3. Combined Real Property Transfer Gains Tax Affidavit Real Estate
Transfer Tax Return Credit Line Mortgage Certificate.
A. Real Property Transfer Report—State Hoard of Equalization and
Assessments.
We are also sending copies ofthe above documents to Mr. Albert P. Roberts, Esq.
Attorney to the Town of Wappinger and Mr. Joseph Pagg,gi, Jr. PE Engineer
to the Town of Wappinger for their opinions as to adequacy of these
documents.
Thank you for your continued cooperation.
r'
ellY
CC: Albert. P. Roberts, Esq. Attorney to the Town of Wappinger
Joseph Paggi, Jr. , PE, Engineer to the Town of Wappinger
..
First�wwa allon � . �mm.
rding Our Communities' Assets
w,.
, u
RECEIVED
October 3,0, 1997
LAIN r) t,dA-11111, �r'� -:fIa,
Town of wappinciers
Middlekush Rd.
Wappingers Falls, NY 1.2390
RE: O' Donnell Development
Letter of Credit 4326
to the Town of Wappingers
Dear Sirs,
Effective on this day, we have reduced the amount of the above
mentioned Letter of Credit to $38 , 227 . 40 . All other terms and
conditions repain the same.
Sincrely ., o r's,
f �
John H . Lamoree
ice President
JHL:dbr
cc: O' Donnell Development Corp.
First National.Bank of the Hudson Valley .
Route 55 e PO Box 310 9 LaGrangev lle, NY 12540
Ak
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS,NEW YORK 12590
(914) 298-2000
GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS:
KENNETH M.STENGER DALE O'DONNELL
ALBERT P.ROBERTS AMY E.WOODARD
IRA A.PERGAMENT
ANTONIA T.LUCIA POUGHKEEPSIE OFFICE,
JOAN F.GARRETT** 276 MAIN MALL
THOMAS R.DAVIS POUGIIKERPSIE,NY 12601
CHRIS MULARADILIS (914)452-1046
*ADNfl=TO PRACTICE ADDRESS REPLY TO:( )P00G1IKEEPSIF
IN NY&FLA,
O WAPPINGERS
**ADNf=TO PRACTICE k
IN NY&CONN.
March 5, 1998
Town of Wappinger
Attn, Hon. Elaine Snowden, Town Clerk
20 Middlebush Road
Wappingers Falls, NY 12590
RE: Hunt Subdivision
Letter of Credit posted by O' Donnell Dev. Corp.
Our File No. 12949 . 0058
HAND DELIVERED
Dear Elaine :
I enclose herewith a revised Letter of Credit bearing number
326/33339601 posted in connection with the dedication of Erin Sue
Drive in the Hunt Subdivision a/k/a Lee Knolls Subdivision. This
Letter of Credit is acceptable as to form and expires on December
23 , 1998 . This Letter of Credit is posted to secure the
obligations in the Maintenance Bond secured by Letter of Credit
executed by O'Donnell Development Corp. on December 23, 1997, the
original of which is on file with the Town.
This Letter of Credit is a substitute for a Letter of Credit
previously posted which inadvertently was to expire May 22 , 1998 .
I am simultaneously returning the prior Letter of Credit to First
National Bank of the Hudson Valley to the attention of John H.
Lamoree, Vice President .
Page 2
March 5, 1998
The posting of this Letter of Credit completes the dedication of
Erin Sue Drive .
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
ALBERT P_ ROBERTS
APR/kh
Enclosure
CC : Town Board
Donald Close, ,Zoning Administrator
Graham Foster, Highway Superintendent
Todd S . Stahl, Esq.
IIle Documentary
�y
Fil- _:._ .., _I.. .,.
Credit 326/33339601
P W.
T'irst AlimionrdBawk qf the Llwlson P"idley
Route 55 a PO Box 3;10 a 1.a rangevNl1 r NY 12540
Date andpleaofexpiryDecember 23, 1998
O'Donnell Development Corporation Town or Wappinger
225 Wheeler Till Rd. Middlebux,sh Rd.
Wappingers Falls, NY 12590 Wappingers Falls, 'NY 12590
Advising Bank Fbaa.ar. Arnoum
First National Bank of the Hudson Valley Thirty-eight thousand two hundred.
Rte. 55, P.O. Box, 310+ twenty-seven & 0/100---------(53$,227.40)
La rangeville, NY 12540 credit availabis with
tsarbal5hapments Transhipment 1-1 tryl0ghtpayr ert by acceptance ❑ bynegotiation
Iay daPened paymrarttt at
al riot allowed abowed notaaDwed 1:1
Load"onboard dispatch lekrnginCharge atfrom &9ainsiMedocuments0mailadhersin Letter of Default
Standby Letter of; Credit
x
' ad
of First National Bank of
1
ter
for trtransportation the nV
December 23 1998
The Letter of Credit is posted to secure the obligations contained in the Maintenance
Bond executed by O'Donnell Development Corporation on December 23, 1997.
it is a condition of this Letter of Credit that, it will be automatically extended for
periods of one year from the then relevant expiry date unless .(30) thirty days prior
to that relevant expiry date you receive written notice from us that we elect not to
extend this 'Letter of Credit.
ro
Documents
i
to Presented within days atter the date of issuance of the b s)but within the vasoty o1 the cr"t.
We tweby issue the Documentary Credit in your isvour.t is"MI't 10 the unitcrnm customs and Praoce Iordocumentary Credits(1963 Revision,Irsemetkiriall Chamber of Commarow,Darla,Franco,
Publication No 400)and ongages us in acoordance wata the renes#Woof.The number old the date rrt the credit ar d'am name of our bank:must be quoted on all drafts required.M the credit is
available by negettatM each Presentation must be noted on the reverse of,the this advice,by the bank where the credit is avaiiabis,
First National Bank of i'he Hudson 'Valley
Seal
(originalonly)
BY
Th s document consists of signed (a) Authorized Signature
Town of Wappinger
ZONING DEPARTMENT CONSTANCE O,SMITH
20 MIDDLEBUSH ROAD Supervisor
P.O.BOX 324
WAPPINGERS FALLS,NY 12590-0324
(914)297-6257
Z
To: Elaine Snowden, Town Clerk
From: Donald Closc, Zoning Administrator
Re: O'Donnell Development Corp.
Maintenance Bond Secured By Letter of Credit
Date: January 2, 1998
Attached please find original Maintenance Bond Secured by Letter of Credit for
O'Donnell Development Corp. `
\ .I
This was approved verbally by Mr. Roberts on December 30, 1997. f
CC: Town File
T
OWN OF WAPPINGER
rw —
ZONING DEPARTMENT / CONSTANCE C. SMITH
20 N IDDLESLISH ROAD � SUPERVISOR
P 0, BOX 324 HERBERT J. L
WAPPINGERS FALLS, NY 125W0324 STRATnR
S4)NI
ZONING ADMINISTRATOR
oscRax
(914)297-6257
To: Hon. Elaine Snowden, Town Clerk, Town of Wappinger
From: Herbert J. Levenson, Zoning kdmi.nistrator, Town of Wappin er
Re: Paul Hunt Subdivision Section II 4/K/4 Lee Knolls
Date: May 30, 1995
We Transmit to you for safekeeping the following documents for safekeeping
by your office .
1. Performance Bond Secured by a. Letter of Credit
2. An Irrevocable offer of Cessions
We are also transmitting to Mr. filbert P. Roberts, Esq. for him to render a.
legal opinion as to its adequacy.
Thank you for your continued cooperation.
CC: ?filbert P. Roberts, Esq, kttorney to the Town
RECEIVED
MAY 3 0 1995
ELAINE SNOWDEN
TOWN CLERK
IRREVOCABLE OFFER OF CESSION
OFFER OF CESSION,
made this day of 199 by
7 N`1 I with offices located
>
a 16� (hereinafter referred to as
A
DEVELOPER" ) , to the TOWN OF WAPPINGER, a municipal corporation with
its Town Hall located at Middlebush Road, Wappingers Falls , Dutchess
County, New York (hereinafter referred to as "TOWN"' ) .
W I T N E S S E T H :
WHEREAS, the Planning Board of the Town of Wappinger has granted
final conditional subdivision approval to DEVELOPER pursuant to
Resolution dated the Z�day of 199!5; and
WHEREAS , the Subdivision Regulations of the Town of Wappinger
require the DEVELOPER to make a formal offer of Cession to the Town of
all roads , easements and other improvements required in connection
with said Resolution of final subdivision approval .
NOW, THEREFORE, in consideration of the grant of conditional
final subdivision approval by the Planning Board of the Town of
Wappinger, and in furtherance of the performance of the conditions of
said subdivision approval, the DEVELOPER hereby TRREVOCA13LY OFFERS to
the Town of Wappinger the cession and dedication of the roads,
easements and other improvements more particularly described in
Schedule "All annexed hereto and made part hereof .
In furtherance of said Irrevocable Offer of Cession, the
DEVELOPER simultaneously herewith, delivers to the TOWN deeds of
conveyance in proper form for recording so as to convey appropriate
title to the lands described in Schedule "All to the TOWN. The
GFIAERT& MITIM, P.C. - A7"T(VNFY5 AT I AW - 75 VVASHN(-iTON ST[IF FF - POUGHK FF.PSIF, NEW YORK 12601
instruments. of conveyance will be held by the TOWN in the Office of
the Town Clerk until such time as the roads, easements and other
improvements have been constructed in accordance with the highway
specifications of the Town of Wappinger, and, until such time as the
Town may otherwise decide to accept this IRREVOCABLE OFFER OF CESSION.
At such time as the Town Board may decide to accept this
IRREVOCABLE OFFER OF CESSION, it shall do so by formal resoluti.on .of
acceptance at a regular or special or Town Board meeting and by
directing the Town Clerk to record the instruments of conveyance above
tendered in the Office of the Clerk of Dutchess County.
The DEVELOPER, its heirs, successors or assigns hereby waives any
claim for damages in the event the Town or a successor municipality,
shall layout, by Eminent Domain or otherwise, any street, highway or
easement over the lands hereby offered for cession.
The DEVELOPER covenants and warrants that it is seized of title
of said premises in fee simple, and has good and unencumbered right to
convey same. '
At the time of such acceptance of this Offer by the TOWN, the
DEVELOPER, its heirs, successors or assigns covenant title to such
land shall be good and marketable and free from all liens and
encumbrances .
The Developer, its heirs, successors or assigns hereby covenants
to pay all costs and expenses incurred by the Town of Wappinger to
clear and accept title to the premises herein offered,, including
without limitation the costs and expenses of Eminent Domain
proceedings necessary to acquire proper title.
rry I.-nY • NIT'rP I' •- ArrnrrA1f Y4 A7 f-1w 75 WASIIfrJ(,TnN RTRM PCM MMKFFI'SIF, NEW YORK 12601
IN WITNESS WHEREOF, the Developer has executed this Offer of
Cession the day and year first above w ten.
STATE OF NEW YORK )
) ss :
COUNTY OF DUTCHESS )
On the day of 199 , before me came
to me known to be the individual described in,
and who executed the foregoing instrument, and acknowledged that he
executed the same.
NOTAR)jJ9MM LHI�r1
111I0tM Public,State of New York
No,2381720
STATE OF NEW YORK Qualified In Dutchess Count.
!1 ss Commission Expires 10131119.._.
COUNTY OF DUTCHESS )
On the day of
199`k, before me came
�z /� �j� �� �� to me known, who, being by me duly sworn,
dim.. depose and say that he resides at �/����• C�� —
J`- ��-� that he is the lZs< �,v7 of
�e oA1,11 �(, �� the corporation described in and which
executed, the 'foregoing instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such
orporate seal; that it was so affixed by order of the Board of
�1Z�e io1Z of said corporation; and that he signed hrs name
thereto by like order.
NOTARY PUBLIC
No#a .L1,1r�,�fel.�l1.fCoY
ly Pubric,stale of ltigly
Qua!#fiedNn'23871�0
Cornrnission�utchess
}
GELLERT& CUTLER. P.C. ATTORNEYS AT LAW 75 WAS[HNGTON STRFFT POUGHKEEPSIE, NEW YORK 12601
12/15/.92
Wappinger
PERFORMANCE BOND SECURED BY A LETTER OF CREDIT
WHEREAS, the undersigned,
with an address at�may have have made application to the Planning Board of the Town of
Wappinger to approve a subdivision of lands more particularly
described in a subdivision map entitled
prepared by
dated -�C�L �- ��east
revised `T / u; and
WHEREAS, the Planning Board granted final conditional
subdivision approval, by Resolution dated10,
l�
subject to certain public improvements being made and constructed
and subject to completion of the requirements set forth in the
Town Subdivision Regulations, Highway Specifications and Zoning
Law, and further subject to the requirements set forth in the
etter'Sof / j , Engineer to the Town,
4YIated , ich F-Mpr vements are depicted in a set of
onstruction documents dated Zz Iffil ; and
WHEREAS, Town Law Section 277 requires that the developer
guarantee the construction, installation and dedication of the
required public improvements and obligations prior to issuance of
any building permits; and
(OPTIONAL PARAGRAPH - use when applicant is corporation)
WHEREAS , to secure the obligation to guarantee the
1
construction, installation and ded' cation of the required public
I
improvements and obligations, /-/( d P1 o�U•rJ -.. , a i
principal officer and shareholder of the undersigned has further
agreed to personally guarantee the obligations set forth in this
performance bond.
NOW, THEREFORE, the undersigned
will truly make, construct, complete the improvements, -and agree
to perform all of the obligations set forth in the Subdivision
Regulations, Highway Specifications and Zoning Law of the Town of
Wappinger, including road maintenance and snow removal in
accordance with the standards maintained by the Town of Wappinger
Highway Department and at the direction of the Town of Wappinger
Highway Superintendent, in accordance with the Resolution of
Subdivision Approval dated �thp jetter�b' f the
Engineer to the Town dated A/4 /� / �s . the appre
OF
construction documents dated and in accordance
with the Local Laws, Ordinances, Rules and Regulations of the
Town of Wappinger, within two (2) years from the date. hereof.
Upon construction and completion of the required
improvements and obligations set forth above, and upon request of
the Town, the undersigned will dedicate same to the Town, free
and clear of any liens or obligations as set forth in the Local
Laws, Ordinances , Rules and Regulations of the Town of Wappinger.
As security for this obligation, including sums sufficient
to pay for attorneys ' or consultants ' fees in the event the
undersigned defaults hereunder, the undersigned will hereby
2
deliver to the Town of Wappinger the following security for the !
faithful performance of the obligations the undersigned has
undertaken herein: a letter of credit issued by
TJ &ST GLV 117 j1j 44- Y bearing number �� and
issued in favor of the Town of Wappinger in the sum of
$ securing the obligation set forth in this
Performance Bond.
The undersigned �� �e � -further
binds his/her, their, its heirs, executors, administrators ,
successors or assigns as the case may be, for the faithful
performance of the obligations set forth herein.
(OPTIONAL PARAGRAPH FOR CORPORATION)
As additional security for this obligation,
��' .Ee --an officer and shareholder of
r c)r -,u fir/, aA?-P, further joins in the execution of this
document for the sole purpose of guaranteeing the faithful
performance of the obligations created hereunder.
The undersigned further acknowledges that if any default
remains in the performance of the obligations created hereunder,
the lots within the subdivision will no longer be eligible for
building permits until such defaults are cured.
Date
3
r 1
. f
(Individual)
STATE OF NEW YORK )
ss . .
COUNTY OF DUTCHESS )
O the �5 ay of w( � , 199 5 , before me personally
came K&4 -�- o���T� and
to me known to be the individuals
described in and who executed the foregoing document, and
acknowledged that they executed the same .
e
-Votary Public
f`
(Corporate) J-imnA M.LKICN,
NctW public,State.of N"Y*t
STATE OF NEW YORK ) No.7381720
. : Qttaltt9ed ln.Dutches
ss sCour
Commission Expires 10131/1
COUNTY OF DUTCHESS )
On the .-� ay of 19before me
personally came to me known,
who, being by me duly sworn, did depose and say that (s)he
esides at GC,.4p'►�rneG��2 New York, that (s)he is the
s< 41r of d`c ��� d_-'d �-"c��a , the corporation
described in and which executed the foregoing instrument; and
that (s)he signed his/her name thereto by-order of the board of
directors of said corporation.
06A-
h--tart' Public
(Partnership) yinion #eoN
(Pthi p) Nctary, Public,Stats of ntererYaek
STATE OF NEW YORK ) No,2581720
5 5 . : Qualltied in Outchoss p
COUNTY OF DUTCHESS ) CommisslonExpirasl0l31I19..�'�
On the day of , 199_, before me personally
came to me known, who being by me duly
sworn, did depose and say that he resides in
that he is a general
partner of , a New York General
Partnership, that he had authority to execute the foregoing
instrument; that he acknowledged to me that he executed the same
as such partner of , in the name of
which and on behalf of which, the foregoing instrument was so
executed by him, and that said execution thereof is hereby
acknowledged as the act and deed of
NOTARY PUBLIC
4
first HudsonVa*ey
ww
Guarding Our Communities'Asae ts
May 22 , 1995
Town of Wappinger
Planning Board
Box 324 , Middlebush Road
Wappingers Falls, New York 12590
Attn : Town Clerk
Re : Letter of Credit No . 326
Expiration: May 22 , 1996
Applicant :
O 'Donnell Development Corp. Amount : One Hundred Ninety
Wheeler Hill Road, RD #1 One Thousand One Hundred
Wappingers Falls, New York 12590 Thirty Seven and 00/100 U. S.
Dollars (U. S . $191, 137 . 00)
Dear Town Clerk :
We hereby issue our Irrevocable Letter of Credit in your favor
available by your drafts at sight on us for a sum not exceeding
U,.S . $191, 137 . 00 for the account of the Town of Wappinger, to be
accepted by your signed statement that drawing is due to default or
failure to perform by O 'Donnell Development Corp. the obligation set
forth in a performance bond executed by O 'Donnell Development Corp.
dated May 25 , 1995 and given to the Town of Wappingers in connection
with the construction and development of the Paul Hunt Subdivision,
Section 2 also known as The Lee Knolls Subdivision, in the Town of
Wappinger, Dutchess County, New York. Acting through the Town
Supervisor, you will notify us in writing by certification when
either :
1) The improvements have been timely completed and the credit
may he released, or
2) The purchaser has failed to perform or is in default
thereunder.
3 ) This original letter of credit document must accompany your
signed statement .
All drafts drawn hereunder must be marked: "Drawn under the First
National Bank of the Hudson valley, Credit No. 326 dated May 22 ,
1995 . 11
The amount of any draft drawn under this credit must, concurrently
with negotiation, be endorsed on the reverse side hereof .
Firw ]'Vaiional Bank qftbe Hzuhon, Virthy --
Route 55 * PO Box 310 0 LaGrangeville, NY 12540
L First Hudson
Guarding Our Communitiwm
es'Assets
Town of Wappinger
Letter of Credit No. 326
May 22 , 1.995
Except so far as otherwise expressly stated herein, this credit is
subject to the Uniform Customs and Practice for Commercial Documentary
Credits (1983 revision) , International Chamber of Commerce, Publication
No. 400 .
We hereby agree with you that drafts drawn under and in compliance
with the terms of this credit shall be duly honored on due
presentation and delivery of documents as specified if negotiated on
or before May 22, 1996 .
Very Truly Yours,
THE FIRST NATIONAL BANK OF THE HUDSON VALLEY
Thomas Sage
Vice President
CC : Craig O 'Donnell
Firvi. National Bank qffhe lfzidvan Valley --
Route 55 m PO Box 310 o LaGrangeville, NY 12540