De Nardo Realty- Presidential Homes VERGILIS, STENGER" ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW MAY 13
1611 ROUTE 94/I,i J{�'�j r;
rrCE
WAPPINGERS FALLS,NEW YORK 12590 �J �.'; �PIGt;n'vn
(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 POUGHKEFPSIE,NY 12601
CHRIS MULARADELIS (914)452-1046
*ADMITTED TO PRACTICE ADDRESS REPLY TO�( )POOGHKELPSIE
IN NY&FLA,
( }N'APPINGERS
**ADMITTED TO PRACTICE
1N NY&CONN
May 9, 1996
VIA FAX and REGULAR MAIL
Town Board
Town of Wappinger
20 Middlebush Road
PO Box 324
Wappingers Falls, NY 12590-0324
Attn: Hon. Constance O. Smith
Re : Donald J. DeNardo and Loretta DeNardo
Our File No . : 5459 . 6126
Dear Connie,
The above referenced matter finally appears to be resolved. I
enclose herewith the original General Release executed by Mr. and
Mrs . DeNardo in favor of the Town of Wappinger, together with a
photocopy of a Limited Release, also executed by Mr. and Mrs .
DeNardo in favor of the Town. The Limited Release has been
recorded in the Dutchess County Clerk' s Office and will be indexed
against Mr. and Mrs . DeNardo' s property. Any title search of this
lot will disclose the Limited Release .
The original Limited Release was initially recorded with an
improper legal description as per Gus Angelo of Presidential Homes,
Inc . This has been corrected (see attached Fax from Presidential
Homes, Inc . of 5/8/96) . Also enclosed please find copy of filing
receipt indicating the Limited Release has been recorded.
Hon. Constance O. Smith
Page 2
May 9, 1996
As soon as I receive written confirmation from Jon Adams, attorney
to Cly Realty Corp. , that Cly Realty Corp. will execute a companion
Declaration to be recorded in Dutchess County Clerk' s Office. This
companion. Declarat on re.r.,.0 i.re.s the driveway passing through the two
remaining lots owned by Cly to be paved to a width of fourteen
feet . Even if the Declaration is not signed as of this moment, I
will accept Mr. Adams' written representation that the same will be
recorded within the next few business days . Once Mr. Adams'
representation is received, the Certificate of Occupancy can be
issued on the DeNardo parcel .
Very truly yours,
VERGILIS, STENGER, ROBERTS & PERGAMENT
ALBERT P. ROBERTS
APR/mah
Enclosure
cc : Joseph E . Paggi, Jr. , PE
Donald Keller
Jon Adams
B I I O---Geoeral release,individual,2-90
JULIUS BWMBERG,INC..
PUBLISHER,NYC 10o13
'Tu all to Whom these ]Jrrornts shall come or mug Concern,
Ifixtofil That
DONALD J. DENARDO and LORETTA DENARDO, whose address for the purposes of this Release
shall be 190 Smithtown Road, Town of Wappinger, Dutchess County, New York
as RELEASOR,
in consideration of the sum of One dollar and other good and valuable money
($1.00
received from the Town of Wappinger
as RELEASEE,
receipt whereof is hereby acknowledged, releases and discharges Town of Wappinger, its agents, servants
and employees
the RELEASEE, RELEASEE'S heirs, executors,adminis-
trators, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings,
bonds,bills,specialties,covenants,contracts,controversies,agreements,promises,variances,trespasses,damages,judgments,
extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the
RELEASOR, RELEASOR'S heirs, executors, administrators, successors and assigns ever had, now have or hereafter can,
shall or may,have for,upon,or by reason of any matter,cause or thing whatsoever from the beginning of the world to the day of
the date of this RELEASE.
The words"RELEASOR"and "RELEASEE"include 411 re-leasors and all releasees under this RELEASE.
This RELEASE may not be changed orally.
�U Pitntgig phitrit0f, the RELEASOR 1}as hereunto set RELEAS S and and seal on the
day of April 19 96 L.S.
xt �?X>eSlf'riC8 of
LO ETTA DEN 0
AL
�_ _
................L.S.
STATE OF YORK COUNTY OF DUTCHESS ss.:
On (� 1996 before Brie
personally came LORETTA DENARDO and DONALD J. DENARDO
to me known, and known to me to be the individual(s)described in, and who executed the foregoing RELEASE, and duly
acknowledged to me that they executed the same. _
ADELINE N. CROSS Notry Public, State oi New Ysrk .......... �`�--..-..---.....-- --
--
Qualified in Dutchess County
Comm. No.4786719
!f the party making payment is not the s It�l7tri8 l�fyi t k4¢}i tele �EE"and add names of parries released after the word"discharges,"
G G L jy-y�L�l,t J 11\SJ L 1 y DELETE: N
4o�—G1 '`* uvo
rzivav�: pOUGHKEEPSIE N .Y . 12601 CONT CODE
DATE TIME OTHER/DATE RA
RECEIPT, NO.
R21929 Q5/08/96 10:25: 54
'
RECEIVED FROM: DONALD J DE3 000
TOTAL FEE:
COMMENT COUNT
ACCT AMOUNT 1
CJD TYPE DOCUMENT 030 3 . 00 XTRA PAGE D/2923
01 C 25 OTHER PAPERS
02
03
04
05
06
07
08
09
10
MENU:FMCM004M
DUTCHESS COUNTY CLERK A00257
22 MARKET STREET DELETE: N
PHONE: 486-2134 JOS POUGHKEEPSIE N.Y. 12501 DEBIT CODE CONT
TIME OTHER/DATE CRJ RA
RECPT NO SERIAL NO. DATE C
R21803
05/07J96 14: 20:24
MORTGAGE TYPE:
RECEIVED FROM: DONALD J D7NARDO
FEE 'TOTAL 50 COMMENT #PG
ACCT# AMOUNT 5
TYPE DOCUMENT 0 070 30 22 . 00 D/AGMT
0102 DEED # 2923 • 25
02 RECORDS MGMT.—LOCAL 504 4 '75
03 RECORDS MGMT.—STATE 010 . 50
04 REFERENCE
05
06
07
08 19 WAPPINGER
09 TAX DIST: 0. 00
M/OR: TAXABLE AMT: 0. 00
M/EE: TAX AMT:
G/OR: DENARDO DONALD J F6=PREV FB=BR BWD F9=BR. FWO
G/EE: WAPPINGER TOWN OF
RELEASE OF LIABILITY
In consideration of a Certificate of Occupancy to be issued by the
Town of Wappinger, Dutchess County, New York, Donald J. DeNardo,
and Loretta DeNardo, whose address for the purposes of this Release
shall be 190 Smithtown Road, Town of Wappinger, Dutchess County,
New York, hereinafter referred to as the "Releasors" .
Whereas, the Releasors are the owners of a certain lot commonly
known as 190 Smithtown Road, and more particularly described in
Schedule "A" attached hereto, hereinafter described as the ' THE
LOT" ; and
Whereas, the Town of Wappingers Zoning Board of Appeals has
heretofore authorized the right to use a common road/,driveway to
provide a common access from Smithtown Road, the nearest public
highway, to the Lot and two other lots are now or formerly owned by
Cly Realty, Cgrp. ; and
Whereas, the Lot is subject 'to the terms, covenants conditions of
a certain "Declaration of Covenants, Restrictions and Driveway
Easement, Maintenance" filed in Dutchess County Clerk' s Office on
August 16, 1995 at Liber 1.966 p. 266; and
Whereas, as part of the application for a building permit from the
Town of Wappinger to construct a single family residence on the
Lot, a Preliminary Plot Plan, was prepared by Gray, Railing and
Heinsman, dated July 7, 1995 and approved by the Engineer to the
Town of Wappinger on July 14, 1995; and
Whereas, the building permit was issued for a single family
residence which was constructed on the Lot, however the single
family residence was constructed at a different elevation and the
private road/driveway was constructed to a different width than
shown on the approved plot plan; and whereas, John Railing, PE, has
certified that the driveway has been paved to a minimum width of
10 feet with a total of 6 feet of shoulders composed of stabilized
item ## 4 ; and ,
Whereas, to induce the Town of Wappinger to issue a Certificate of
Occupancy for the single family residence (subject to compliance
with all other building, electrical and zoning regulations) on the
Lot as constructed, the undersigned Releasors, >,for themselves,
their successors, and assigns, and all subsequent grantees,
distributees, devisees, successors and assigns, including
subsequent purchasers of the Lot, hereby provide this Release and
Discharge follows :
The Releasors, for themselves, their heirs, executors,
administrators, subsequent grantees of the subject Lot,
distributees, devisees, successors and assigns and for all their
invitees and guests and all those using the private road/driveway
previously described, hereby RELEASE AND DISCHARGE THE TOWN OF
WAPPINGER, ITS PUBLIC OFFICERS AND EMPLOYEES FROM ALL ACTIONS,
CAUSES OF ACTIONS AND CLAIMS OF ANY AND ALL NATURE NOW EXISTING
WHICH MAY HEREAFTER AND IN THE FUTURE ARISE FROM THE APPROVAL OF
AND THE USE OF THE SINGLE FAMILY RESIDENCE AND PRIVATE
ROAD/DRIVEWAY AS A MEANS OF ACCESS TO THE LOT IN SO FAR AS THE SAME
HAS BEEN CONSTRUCTED AT VARIANCE WITH TEE APPROVED PRELIMINARY PLOT
PLAN.
I,r
THIS RELEASE SHALL BE DEEMED A COVENANT RUNNING WITH THE LAND AND
SHALL BE PERPETUAL IN DURATION AND BINDING UPON ALL SUBSEQUENT
GRANTEES OF THE LOT, THE RELEASORS, THEIR EXECUTORS,
ADMINISTRATORS, DISTRIBUTEES, DEVISEES AND SUCCESSORS AND ASSIGNS
FOR SO LONG AS THE SINGLE FAMILY RESIDENCE AND PRIVATE
ROAD/DRIVEWAY REMAIN AS CONSTRUCTED.
In witness whereof the Releasors have executed this Release this
day of April, 1996 .
C
ONALD eNARDO, Releasor
GCti
`
`0 ETTA DeNARDO, Releasor
STATE OF NEW YORK )
ss . .
COUNTY OF DUTCHES S I
On this .2)vot day of AV-L- , 1996, before me personally
appeared DONALD J. DeNARDO and LORETTA DeNARDO to me known and
known to me to be the individuals described in and who executed the
foregoing instrument and acknowledge to me that they executed the
same.
ADELINE N.CROSSwk p /f']�1 -- / • - --1 S:5 r—
Notary Public,State of New Y Notary Public
Qualified in DutehesS County
Comm. No.471
Commission'Expires No;/
MAY-07-1995 16:19 P.02/04
I
NOTr•VARIATION IN
J ;;R OTFILZ MATERIAL,
,;AME A5 IN ORIGINAL
BARGAIN AND SALE DEED WITH
COVENANT AGAINST GRANTOR'S ACTS
THIS INDENTURE made the 4th day of August, 1995.
BETWEEN CLY REALTY CORP. , a domestic corporation of the
State of New York, with its principal office at 156
Main Street, Cold Spring, New York
8 '
party of the first part, and
-1)(7-Na0-b-o -Def,3 rflz o
DONALD D-$NAi�D0 and L.ORETTA D;*ARDO, husband and
wife, residing 'at 4 Fox Run, Unit 11-8, Carmel,
New York
party of the- second part,
WITNESSETH, that the party of the first part, in consideration of
Ten Dollars ($10.00) , lawful money of the United States, and other
good and valuable consideration paid by the party of the Second
7F 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 pert forever,
ALL that certain piece or parcel or real property, with the
buildings and improvements thereon erected, situate, lying and
being:
in the Town of Wappinger, County of Dutchess, and State
of New York, and being Parcel, 3 as described in recorded
deed, Liber 1206, Page 894, and being more particularly
described in "Schedule All attached hereto.
TOGETHER with a right of way over a contiguous parcel of Grantor,
said right of way more particularly described in an "Declaration of
Driveway Easement and Maintenance" recorded simultaneously with
this conveyance.. Subject to the covenants of maintenance and
improvements contained in the same indenture.
PURSUANT to Business Corporation Law *5909, this transaction is in
the ordinary course of business of the Grantor and does not
constitute a sale of all or substantially all the assets of the
Grantor.
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.
MAY-0'7-1796 16:20 P.04iO4
LAWYERS TITLE
N,0; .V)F;'MN IN INSURANCE CORPORATION
s t.:it 1-0 NcRrn.aTe.srA1., Title No. PAL12167
+. n1r; q„ IN ORICINAL Policy No.
SECOND REVISER
SCHEDULE A
ALL that Iot, parcel or piece or land situate, in the Town of Wappinger,
County of Dutchess, and State of New York, and being more particularly
described as follows:
BEGINNING at an iron pipe found marking the Northeast corner of lands now
or formerly Czebotar, as described in recorded deed Liber 1889, Page 106,
said point of beginning being located North 32 degrees 53' 40" East 253.37
feet from the Northerly line of Smithtown Road where the same is
intersected by the dividing line between said lands of Czebotar and lands
now or formerly of CLY Realty Corp. (Liber 1125 cp 389);
THENCE from said point of beginning and alomg the easterly line of lands
now or formerly of CLY Realty Corporation, being Parcel 2, as fecorded.in
deed, Liber 1183, page 484, North 06 degrees 43' 50" least 1227.79 feet
to a stonewall corner;
4 THENCE along the southwesterly and southeasterly line of lands now or
formerly Cedar Hill Development Corporation, and along stonewall for the
most part, the following two courses and distances. South 26 degrees 00'
50" East 675.33 feet to a stonewall intersection;
THENCE North 64 degrees 28' 20" East 286.51 feet to a stonewall
intersection;
THSNCE continuing along the southwesterly line of said lands, and along a
stonewall, South 25 degrees 34' 00" East 735.00 feet to a stonewall
intersection;
THENCE along the northeasterly and northwesterly line of other, lands now
or formerly CLY Realty Corporation, the remaining two courses and
distances, North 68 degrees 01' 20" West 828,47 feet;
THENCE South 32 degrees 53' 40" West 456.01 feet to the point of
beginning.
TOGETHER with the right of ingress and egress to Smithtown Road pursuant to a
declaration of covenants and restrictions, driveway easement and maintenance
agreement dated August 4, 1995.
For Conveyancing only
Together with all right, ride and interest of, in and to arty streets and roads abutting the above described
premises,
Our policies of LWe insuranoe include such Widings and lmpmYc nano thereon which by law Constitute teal property.
unleu specifically exeeplbd therein. Now 4 doe lime to dctermine whether we havq examined all orthe ptopsrty and
essaments which you desire to be sosumd. if thele an appurtenant esa "nu to be insumd.please rc91uest svch
insurance, to lama casts,our rate rmnusr provides for an additioAsl charge for such insurance,
TOTAL F.u34
MAY-07-1996 16: 19 P-03/04
i
t ; Vlwr?C,.! IPI
IN URIr.,iT�At:
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 consideration as a trust fund to be applied
;i first for the purposes of paying the cost of the improvement and
will apply the same first to the payment of the cost of. the
F_ 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
L "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.
At Y
•i In Presence Of:
!^w
CLY REALTY CORP.
'F
By:
3 E Y T LI, President
�. STATE OF NEW YORK
)Ss , :
COUNTY OF DUTCHESS )
On the 4th day of August, 1995* before me personally came
JEANETTE YANITELLI, to me known, who, being by me duly sworn, did
depose and say the she resides at Garrison, New York, that she is
the President of CLY REALTY CORP, , the corporation described in and
which executed the foregoing instrument; the he knows the seal of
said corporation; 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 she signedher name thereto
by like order.
Notary Public
MjI k!S.',M L12 fi
NOTARY FU LIC,Siatt:at New YoK
Qtiai` 0 to Ouiclmss Court
COmmi:silff h.XE�irrr.;�itk 23, i Ql
ria ( lUy IUS'i L PREMIER ABSTRACT, LTD.
Routes
Somers, N Y&0589
(914)276-3040
{ Fax(9 14)276-2429
i
PRESIDENTIAL HOMES OF NEW YORK, INC.
730 VIOLET AVENUE
HYDE PARK, NY 12538
914229-0117
Vergilis, Stenger, Roberts& Pergament
1611 Route 9
Wappingers Falls, New York 12590 o
Attn: Mr. Al Roberts
------------
Dear Al:
Subsequent to our conversation of 517195 regarding the filing for DeNardo, I have filed the new
metes and bounds description with DeNardo's deed at the Dutchess County Clerk's office. For
the purpose of clarity, enclosed is the three (3) piece deed I filed along with the original release
from the DeNardo's. Your prompt attention would be greatly appreciated.
Thank you.
+ r
Ve ruly,yours,
' Gus'Angelo
ti
Excellence and Affordability