Lormar Court REISOLUTIOU
WHEREAS, the Planning Board of the Town of Wappinger has previously
approved a subdivision known as, "Lor- Alare Corporation, Section 111, which subdivision
map was filed with the Clerk of the County of Dutchess as Map ZTO. 6340, on
March 18, 1982, and
WHEREAS, the Town Board has previously accepted the sum of $20,900.00
as a compromise of its claim against the Performance Bond for the completion
of improvements to the roads shown on the above subdivision map, and
WHEREAS, Town Board did authorize releasing the Performance Bond
and the principals by resolution at the April 20, 1987 meeting, and
WHEREAS, the general releases have been prepared and are ready
to be exchanged and the funds to be received by the Town, however, the Town
Board must declare its intent with respect to accepting Lormar Court as a Town
highway, and
WHEREAS, Lormar Court is shown on filed map no, 6340, filed with
the Dutchess County Clerk on March 18, 1982, and
WHEREAS, purssant to Town Law Section 278, the filing of said snap
constitutes a continuing offer of dedication to the Town for acceptance by resolution
of the Town Board,
NOW "I"III?I3.A„;FC1RE BE I`1` RESOLVED that the Town Board of the Town
of Wappinger be and hereby does accept Lormar Court as a Town Highway pursuant
to Section 278(1) of the Town Law of the State of 1dew York, and
BE IT FURTHER RESOLVED that the Town Board does accept the
continuing offer of dedication pursuant to the filing of filed map no.
6340 with the Dutchess County Clerk on March 18, 1982, and
BE IT FURTHER RESOLVED that the attorney to the Town shall forthwith
forward a certified copy of this resolution to the County Clerk of the County
of Dutchess for filing and
BE IT FURTHER RESOLVED that the name of the road upon acceptance
shall be Lormar Court.
BY ORDER OF T11F TOWN BOARD
TOWIT OF 11TAP ANGER
BY: BL1 RTE SNOWDEN
TOWN CLERK
Dated: July 20, 1987
Town of Wappinger
TOWN OF WAPPINGER
SUPERVISOR
* TOWN COUNCIL
IRENE M.PAINO VINCENT G.FARINA
+ GERARD J.MCCL.USKEY
4
DAVID E.REIS
JUNE A.VISCONTI
T O W N C L E R K S O F F I C E
20 MIDDLEBUSH ROAD
P.o. BOX 324
WAPPINGERS FALLS, N.Y. 12590-0324
(91 4)297-5771
ELAINE H.SNOWDEN
TOWN CLERK
April 28, 1987
Ms. Jennifer L. Van Tuyl
Pagones, Cross, Van Tuyl & Rizzo P.C.
Attorneys. At Law
P.O. Box 299
Hopewell Junction, N.Y. 12533
Re: Lormar Court
Dear Ms. Van Tuyl:
At the regular meeting of the Town Board held April 20 , 1987 ,
the Board unanimously accepted the offer of $20, 900 from Mr. Lapar
to complete the road work on Lormar Court.
Your efforts to pursue the collection of this money for the
Town, as expeditiously as possible, would be greatly appreciated.
Thank you.
Yours truly,
Elaine H. Snowden
Town Clerk
i ,gr
PAGGT & MARTIN
"Consulting Engineers & Land Surveyors 87--003 (g)
54-56 Main Street
Poughkeepsie, New York 12601
914.471-7 8 9 8
April 16, 1987 1
98
Mrs. Irene Paino, Supervisor
Town of Wappinger
P.O. Box 324
20 Middlebush Road
Wappingers Falls, New York 12590
Reference: Lor Mar Court
Dear Mrs . Paino:
On April 16, 1987 1 met with Ken Croshier to discuss the
above, and our findings are as follows:
1.) That there presently exists 1, 900 feet of existing
pavement.
2) That the first 400 feet of road, on which there are
no homes, is in acceptable condition, and no improve-
ments are planned.
3) That from station 4+00 to 19+00 the following will be
done :
(a) 11 " of top course blacktop will be placed with 3"
high feathered curbs .
(b) The curbs will be backed up and topsoiled and seeded.
4) That from station 19+00 to 21+50 the following will be done:
(a) The existing subgrade will be shaped up.
(b) The existing catch basin will be repaired.
(c) A granular subbase will be installed.
(d) A 3" binder course will be installed.'
(e) A 2" top course with a 3" feathered curbwill be
installed.
(f) The curb will be backed up, topsoilbd, and seeded.
]oseph E.Paggi,Jr.,P.E. Ernst Martin,Jr., Y.E., D..S.
Mrs. Irene Paino, Supervisor 87-003 (9)
Town of Wappinger
April 16, 1987 Page 2
Reference: Lor Mar Court
5) The cost estimate for this work is approximately $30, 000,
the original amount offered. However, it is both our
opinions that the 'down should accept the $20, 900 before
the 30 day offer expires.
If there are further questions, please contact this office.
Very truly yours,
014�� P_
.,gg � , >z
Joseph E. Pa i Jr. ,
JEP:hs ,< �.
cc: Town Board C_ V,;v,'j
Town Clerk j
Ken Croshier
Jennifer Van Tuyl, Esq.
s
r ,
PAGONES, CROSS, VAN TUYL & RIZZO P.C.
ATTOIZNr,,YS AT LAW ADDRESS REPLY TO:
( 1.355 MAIN STREET
P.O. BOX 230
BEACON,N.Y 12508
ANTHONY L. PAGONES COUNSEL (91 )831-2900
FRANCOIS R. CROSS JOHN J. MULVEY
JENNIFER L. VAN TUYL PARALEGALS 1 ROUTE 52 a LAKE DRIVE
EUGENE J. RIZZC JILL GApO P.a. BOX egg
LISA E. RU BFNSTEIN HOPEWELL JCT_N.Y.12533
JAMES P. KELLEY ANNE P, FORSHEY (914; gg7.4100
TERRI THORLEY
CONFIDENTIAL LEGAL MEMORANDUM I
NC
TO: Supervisor and Town Board and .Jay Paggi 4P� I
FROM: Jennifer L. Van Tuyi
RE. Lormar Court
DATE: March 31 , 1987
1 am enclosing a letter I received today from Harold Reilly on behalf of
Rudy Lapar and Lor-Mare Corp. As you will recall, Harold Reilly's office
had initially offered $30,000 (which had been the entire initial bond
amount) to the Town for completion of the roads. It turned out that
Rieger Homes had asserted a claim to $9,100 of this money for work that
Rieger was required to perform by the Town in order to obtain certificates
of occupancy on several of its buildings. This work had been required
because washouts in the road had made access to the lots in question
extremely hazardous and unsafe.
Lormar's position is very straightforward. They are offering all the money
they have and take the position that Rieger and the Town should came to
terms as to the division of the money as between the two. Since the,
initial total security was $30,000, this is all the Town could ever have
received had it collected on any initial bond.
As indicated in prior correspondence, Rieger Homes is taking a position
that they are demanding entire reimbursement of the $9,100 that they
expended Out of this limited $30,000 fund, Apparently, they have a
contractual right to make such claim as against Lormar.
Legally, the Town has certain remedies, but they are not particularly
satisfactory to the interests of the citizens of this subdivision. These are
(1 ) the Town can refuse to accept the road and have it remain a private
road, or (2) the Town can assess the costs of improving the road to the
abutting homeowners in the subdivision. In many respects, these remedies
could seem unfair to the people in the subdivision who have paid market
prices for their homes and expected that the road would be duly
dedicated. The Town also has the option of (3) accepting the agreed upon
sum out of the "bond" proceeds and proceeding to improve the road to the
./,tent that this funding allows. This provides the vehicle for accepting
tr.e road as a Town highway and meeting the needs of the citizens in the
area.
Hiawever, the Town has to decide how low it can go with respect to that
ount. As I have emphasized in my correspondence with Harold
d�lilar am
R.7illy and Joe McGowan, I think the Town was doing its best to justify the
a�.ceptance of the amount of $30,000. l would emphasize however that I
tr°ink Lormar`s $30,000 offer was made in good faith and without knowledge
tr;-it Rieger would make a claim to $9,100 of that amount. Nor do l see
tr:at Lormar has any control or negotiating power to force Rieger to give
ur' its claim to the $9,100 or take a smaller amount.
�Pjr does the Town appear to have direct negotiating power to encourage
Rieger to drop its claim. While the Town could arguably withhold building
..emits for any remaining lots, any Town position refusing to accept this
rj{,ad as a public highway would be to the disadvantage of not only Rieger
Homes but also to the Town residents already living in the area.
I would suggest that the Town Board weigh the alternatives presented
rein. This letter makes clear that the Lormar offer will expire in thin
( 0) days. By copy of this letter I am asking Jay to discuss the financial
i�::>ues with the highway superintendent and ascertain dust what work the
_I ,,wn could do in the area if any sum less than the $30,000 (going down to
$ )o,900) was accepted.
I am requesting the Town Board to decide what position it wishes to take
advise me as soon as possible within the thirty-day period. In the
f .;antime, if I hear anything further from Lormar or Rieger Homes, I will
a,lvise the Board immediately.
jI.V:db
i�c.
I
914 297-9006 OR 914 297-8269
March 27, 1987
Jennifer L. Van Tuy1
Attorney at Law
Pagones, Cross, Van Tuyl & Rizzo, p,Ca
Rt. 52, 'P.0.. Sox 299 MAR 3 1987
Hopewell Junction, New York 12533
J. Joseph McGowan, Esq.
McCabe & Mack
53 Washington Street
P.O. Box 509
Poughkeepsie, New York 12602-0509
Re: ' Lormar.. Court -' Town of Wappinger
Dear Jennifer and Joe:.
Reference is made to the recent correspondence in the above captioned matter and
the offer of Mr. Lapar to pay the sum of $30,000.00 for resolution of the prob-
lem. Apparently, this offer has caused some complications because of the claim
of Rieger Homes for reimbursement in the amount of $9,100.00 for work previously
performed on the road. The purpose of my letter is to set forth the position. of
Mr. Lapar with respect to this problem.
1 . Lor-Mare Corp. sold all of the lots in the subject subdivision to Rieger
Homes, Inc. in 1983. The entire transaction was between Lor-Mare Corp. and
Rieger Homes and Mr. Lapar personally had no involvement in the same.
2. Under the terms of the agreement, .the sum of $24,000.00 was to be held
in escrow by me, with one-half to be released to the seller upon dedication of
the road to the Town of Wappinger and of the remaining $12,000.00, $1 ,000.00 to be
released to the seller ubon the issuance of a certificate of occupancy on each
lot, after the first four lots. Added in my handwriting was a provision that
the money "may" be held in an interest bearing account. This added provision
relative to the placing of the money in an interest bearing account tias for the
benefit of LorrMare Corp. , and there was no provision or indication that any
Interest accruing thereon was to be for the benefit of Rieger Domes or the Town
of Wappinger.. ' In fact, it could be argued that after the issuance of four
certificates of occupancy, the sum of .$1 ,000.00 should be released for the addi-
tional c.o. `s.
3. Mr. Lapar had voluntarily made the offer to contribute the sum of$30,000.0 .
tions
we b
corpora-
tion. Appparentlyltheetownment of any and Rieger Homesacannotoagreeyas tohis fthmsroffer.
4. Although Mr. Lapar has no personal responsibility or obligation with
Jennifer L. VanTuyl and
J. Joseph McCowan -2- March 30, 1987
respect to this matter, he has advised.me that the offer will remain open for
an additional 30 day period. In the event that the town and Rieger Homes can-
not reach an ageement with respect to the disposition of these monies and a
complete release to Lor-Mare and Lapar, the offer shall terminate. In that
event, Mr. Lapar intends to take the position that the terms of the contract
are controlling and that the maximum of $24,000.00 would be available for
completion of the road, with a possibility that that sum will be diminished,
if more than four certificates of occupancy have been issued.
5. He has also asked me to make one other proposal , to wit: That he will
pay Rieger Homes the initial price for the lots plus interest and, upon receipt
of title, will take whatever steps are necessary to complete the roads, in
accordance with the specifications of the town. If this is a viable alterna-
tive, it would be appreciated if you would so advise.
Very truly yours'.
Harold H. Reilly
HHR:jmr
cc: Rudolph E. Lapar
5
TOWN OF WAPPINGER
SUPERVISOR TOWN COUNCIL
IRENE M.PAINO VINCENT G.FARINA
Robert Valdati
DAVII7 E.REIS
JUNE A.VISCONTI
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS,N. Y. 12590-0324
(914)297-5771
ELAINE H.SNOWDEN
TOWN CLERIC -
January 21, 1987
Mr. Ed Hinzmann, Postmaster
U. S . Postoftice
Imperial Plaza
Wappingers Falls, N. Y. 12590
Dear Mr. Hinzmann:
At their January 20, 1987 meeting, the Town Board reached
an agreement with Rudolph Lapar, owner of the incompleted portion
of Lormar Court, located off of Myers Corners Road in the Town of
Wappinger.
The Town Highway Department will be completing this road,
utilizing funds provided by Mr. Lapar and upon its completion,
it will be accepted as a Town Road..
The Town Board has requested that you consider providing
mail service to this road for the convenience of the residents.
If you have further questions on this matter, would you
please contact our Highway Superintendent, Ken Croshier, at
297-9451, or our Supervisor, Irene Paino, at 297-2744 .
Thank you for your consideration of this request.
Yours truly,
Elaine H. Snowden
Town Clerk
gr
TOWN OF WAPPINGER
• TOWN COUNCIL
SUPERVISOR t,
IFiENE M.pA1NO VINCENT G.FARINA
DAVID E.RE.IS
JUNE A.VISCONTI
P _
e
TOWN CLERK ' S OF F I C E
20 MIDDLEBUSH ROAD
P. O. SOX 3 24
WAPPINGERS FALLS,N.Y. 12590-0324
c914I 297.5771
ELAINE H.SNOWDEN
TOW N CLERK
January 21, 1987
Memo To: Joseph E. Paggi, Jr. Engineer
Ken Croshier, Highway Superintendent
From: Town Clerk' s Office
At the January 20, 1987 meeting of the Town Board, the
following resolution was unanimously carried.
"The Town accept $30 , 000 from Rudolph Lapar and in return
the Town will accept Lormar Court as a Town Road and grant
a general release to Rudolph Lapar and the Town Highway
Department will complete this road, utilizing the funds
provided by Mr. Lapar in the amount of $30, 000. "
�d
Elaine H. Snowden
Town Clerk
gr
� ��,,PAGONES, CROSS, VAN TUYL & Rizzo P.C.
't Y` ATTORNEYS AT LAW ADDRESS REPLY TO:
�✓/ „1y, f- Y 355 MAIN STREET
P.O.BOX 230
BF_ACON.N.Y.12508
ANTHONY L. PAGONES PARALEGALS �" ^° 19141831-2900
FRANCOIS R.CROSS JILL GADO
JENNIFER L.VAN TUYL ANNE P. FORSHEY l 1 RT.52,P.O.BOX 299
EUGENE J. RIZZO TERRI THORLEY r 'ti 1u� HOPEWELLJCT.,N.Y.12533
LISA E. RUBENSTEIN -1;R f9141 897.4100
COUNSEL
JOHN J. MULVEY
January 16, 1987 JAN 2 1987
Gregory Supple, Esq.
P.O. Box 46
92 East Main Street
Wappingers Falls, N.Y. 12590
Re: Lor-Mare Court - Town of Wappinger
Dear Mr. Supple:
This is to confirm our conversation on January 16th regarding Lor-Mare
Court. As you may recall from our discussion, Lor-Mare Corp.
originally posted a letter of credit in the amount of $30,000.00 in
connection with the subdivision application for what is now known as
Lor-Mare Court. Thereafter, Lor-Mare Corp. conveyed various lots,
the letter of credit expired by its terms in May, 1982 and the road
improvements were not completed. Since then, there has been
considerable dispute over who should complete the road.
1t is my understanding that on January 16th , Rudolph Lapar renewed a
May 1986 offer to pay the Town $30,000.00, the amount of the original
letter of credit, in exchange for a general release and acceptance of the
road by the Town. I have been informed by Irene Paino, the
Supervisor of the Town of Wappinger, that the Town intends to accept
this offer. I expect that the Town will formally accept the offer at
their next meeting Tuesday, January 20, 1987 and will use the $30,000
to improve the road. .
I note, however, that before the Town can begin making the
improvements, the Town must take title to the road. In a May 1986
letter from Harold Reilly which informed the Town Board of Mr. Lapar's
offer, Mr. Reilly stated that Lor-Mare Corp. conveyed title to the
premises. A copy of this letter is attached for your information.
Presuming that this does not mean that Lor-Mare Corp.'s offer of
dedication has been revoked, the Town is free to take title to the road.
Could you please ask Mr. Lapar to clarify whether the implied offer of
dedication; as per filing of the subdivision plat, has been altered in
any way by this conveyance?
Page 2
As I mentioned in our telephone conversation, the`Town Board is eager
to settle this matter. I would appreciate it if you could clarify the
question of the offer of dedication to the Town and get back to me as
soon as possible.
Thank you very much for your attention to this matter.
Very truly yours,
isa E. Ru enstein
LERltt
Encl.
cc: Supervisor ,IreneaPaino
.lay Paggi
914 297-9006 OR 914 297-6269
Jarwary 13, 1986
Town Board of the MAY 2
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York 12590
Re: Lor-Mare Corp.
Dear Board Members:
on/or about May 15, 1981 , the above named corporation posted a letter of
credit in the amount of $30,000.00, in connection with an application
for subdivision approval for premises situate at Myers Corners Road,
Town of Wappinger. The letter of credit was issued by Citibank, N.A. ,
ill Wall Street, New York, N.Y.
Since that date, the corporation has conveyed title to the premises and
it is my understanding that the letter of credit has expired. However,
it is offering to pay the Town of Wappinger the amount of the letter of
credit, to wit: $30,000.00 for a release and acceptance of the road by
the town.
It would be aprreciated, if you would review this offer and advise as to
the position of.-the BoardIf further
information is required, I. shall
be happy to provide you with
Very truly yours,
Darold H. Reilly r
HHR:jmr
cc: Rudolph E. Lapar, P.E..,P.C.
0—C — vC 1 q f�� RE'CFIVED
JA N 14 1986
EUINE H. SNOWDEN
7DK File NC .
3 6 2-8 2 Standard N,Y,B.T.U, Form 8006 Bargain and Sale Deed, without Covenant against Grantor's Acts—Individual or Corporation,
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT — THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the 2nd day of June , nineteen hundred and eighty-two
BETWEEN MARLIN LESKOW, residing at 1 E. Salem Road, Fishkil,l,
New York,
party of the first part, and TOWN Ot WAPPINGER, Town Hall, Mill Street,
Wappinger Falls, New York,
party of the second part,
WITNESSETH, that the party of the first part, in consideration of
Ten and 00/100 ($10. 00) ---------------------------------------
dollars,
lawful money of the United States, 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,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,
lying and being in the Town of Wappinger, County of Dutchess, State of New
York, more particularly bounded and described as follows:
.BEGINNING at a point on the West line of lands of Leskow, said
point being 165 .00 feet from, the Southwest corner of lands of
Leskow, on a bearing of North 33. 141 -40" East, thence on a curve
concave to the East with a radius of 50. 0 feet . for a distance of
102 . 26 feet, thence back along said West line of Leskow South
331-14 '-40" West for 85. 4 feet to the point and place of
beginning.
CONTAINING 1, 446 square feet more or less .
The foregoing indenture is for road purposes to be incorporated in
and part of a public highway to be dedicated and accepted as such
by the Town of Wappinger.
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, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive such consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above
written.
'IN PRESENCE OF:
STATE OF NEW YORK, COUNTY OF DUTCHESS 53. STATE OF NEW YORK, COUNTY OF SS:
On the day of JUne, 19 82, before me On the day of 19 , before me
personally c me personally came
MARTIN LESKOW
to me known to be the individual described in and who to the known to be the individual described in and who
executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that
he executed the same, executed the same.
(Notary Pub).ic)
sAUL D. KASSOW
Notary public,State a€Nmw Yore
#14-Q0409p0
Qualified in Dutchess County
Certificate filed ill New York County
Commission Expires Parch 80, 192,1SS:
STATE OF NEW YORK; COUNTY OF SS: STATE OF NEW YORK, COUNTY OF
On the day of 19 , before me On the. day of 19 ,before.me
personally came personally came
to we known, who, being by one duly sworn, did depose and the subscribing witness to the foregoing instrument, with
.say that he resides at No. whom T 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 to be the individual
knows the seat of said corporation; that the seal affixed described in and who executed the foregoing instrument;
to said instrument is such corporate seal that it was. so that he, said 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.
argain anb * ;Deeb
WITEOC7T COVENANT AtnAINST GR,NTostas ACTS SECTION
TITLE NO. BLOCK
MARTIN LESKOW LOT
TO
COUNTY OR TOWN
f Recorded at Request of
TOWN OF 'WAPPINGER -� `
r CI3ICAG0 TITLE INSURANCE COMPANY
,. Ffa
STANDARD FOAM OF NEW YORK BOAR®OF TITLE UNDERWRITERS Return by Mai! to
Distributed by
CHICI&GO 117IWLAC SAUL D. KASSOW, ESQ.
E1®TSLTn.AMCE COMIPAATY P.O. Box 156
100 Main Street
la ishkill, New York zip No. 12524
w