SNEE v. United States

In the United States Court of Federal Claims

No. 24-199

Filed: January 23, 2026

PATRICK SNEE, et al.,

Plaintiffs,

v.

THE UNITED STATES,

Defendant.

Steven M. Wald, with Michael J. Smith, Thomas S. Stewart, and Reed W. Ripley, Stewart, Wald

& Smith, LLC, St. Louis, MO, for Plaintiffs.

Emily A. Davis, Environment and Natural Resources Division, Natural Resources Section, with

Adam R.F. Gustafson, Acting Assistant Attorney General, U.S. Department of Justice,

Washington, D.C., for Defendant.

MEMORANDUM OPINION AND ORDER 1

TAPP, Judge

Plaintiffs seek just compensation for the United States’ uncompensated taking related to

their New York properties. They now move for partial summary judgment as to liability. (Pls.’

Mot., ECF No. 43). 2 Plaintiffs ask this Court to find that the: (1) source conveyances granted

easements to the railroad under New York law; (2) recreational trail use exceeds the scope of

those easements; (3) Plaintiffs regained fee simple ownership of the land underlying the railroad

corridor based on their adjacency to the rail line; and (4) the issuance of the Notice of Interim

Trail Use (“NITU”) effected a taking. (Id.). The United States objects in part and cross-moves

for partial summary judgment. (Def.’s Mot., ECF No. 45). The United States argues that the

Plaintiffs cannot show: (1) that they have an ownership interest in the rail corridor; (2) causation

or just compensation for several Plaintiffs, due to the existence of the Maybrook Trail; and (3)

that the Railroad would have abandoned the rail line absent the NITU. (Id.).

1

This Opinion is substantively identical to the Court’s analysis in an indirectly related action,

Zanzarella v. United States, ___ Fed. Cl. ___, 2025 WL 3628241, at *2 (Fed. Cl. Dec. 15, 2025)

(“Zanzarella”).

2

This Motion is filed on behalf of 93 landowners who own 104 parcels of land as a collective.

(Pls.’ Mot. at 1, ECF No. 43).

The Court finds that Plaintiffs’ source documents conveyed easements to the railroad.

The Court also finds that while the pre-existing recreational trail does not affect causation, it may

nevertheless impact just compensation—an issue overlooked by the Plaintiffs. To that end, the

United States has taken a portion of Plaintiffs’ property for public use, but several claims have

failed to demonstrate an interest in the land underlying the rail corridor. Therefore, summary

judgment is GRANTED-IN-PART and DENIED-IN-PART.

I. Background

This rails-to-trails case concerns a 41.1-mile section of rail line running from the

Connecticut/New York State Line (Milepost 71.2) to Beacon, New York (Milepost 0.0) across

Dutchess and Putnam Counties (the “Line”). (Compl. ¶ 3, ECF No. 1; Pls.’ Mot. at 1).

(Pls.’ Mot., Ex. 2 at 7, ECF No. 43-2). The Line was previously owned by the Maybrook

Railroad Company, which in 1992 acquired 157 miles of railroad that included this segment.

(See Pls.’ Mot., Ex. 9 (“Danbury Terminal R.R. Co. and Maybrook Properties, Inc.-Acquisition

and Operation Exemption-Consolidated Rail Corp., ICC Docket No. FD 32180 (Sub-No. 1)

(served Dec. 29, 1992), available at 1992 WL 383337”), ECF No. 43-9). In 1995, ownership of

the Line transferred to the Metro-North Commuter Railroad Company (“MNR”). (Pls.’ Mot. at 5

(citing Pls.’ Ex. 11, ECF No. 43-11)).

2

Under the Trails Act, a railroad may initiate abandonment proceedings of a rail line

before the Surface Transportation Board (“STB”). 49 U.S.C. § 10903; see 16 U.S.C. § 10502. It

is not uncommon for a railroad to abandon all or some portion of its line. The Trails Act permits

intervention by qualified private organizations or public agencies to railbank the corridor before

abandonment is consummated by agreeing to serve as a trail operator in the interim. 16 U.S.C. §

1247(d). The railbanking intervention process enables a railroad to negotiate with the intervening

entity, which then assumes financial and managerial responsibility for the corridor by operating

it as a recreational trail. 28 A.L.R. Fed. 3d Art. 6 (citing Preseault v. ICC, 494 U.S. 1, 6–7,

(1990) (“Preseault I”)). To allow for this process, the STB may issue a NITU. 49 C.F.R. §

1152.29. If the railroad and trail sponsor agree, then the parties notify the STB, the corridor is

railbanked, the STB retains jurisdiction, and “interim trail use is thereby authorized.” Preseault I,

494 U.S. at 7 n.5 (1990); see also 16 U.S.C. § 1247(d); 49 C.F.R. § 1152.29(h). If an agreement

is not reached, the railroad may exercise its STB-granted authority to abandon the line. 49 C.F.R.

§ 1152.29(d)(1), (e)(2); see Citizens Against Rails-to-Trails v. STB, 267 F.3d 1144, 1150–53

(D.C. Cir. 2001).

In December 2023, MNR filed a Verified Notice of Exemption of Abandonment

(“Abandonment Application”) with the STB. (Pls.’ Mot., Ex. 22, ECF No. 43-22). MNR also

formally requested a NITU with MNR as the trail sponsor, (id., Ex. 2), which the STB issued on

February 8, 2024, (id., Ex. 3, ECF No. 43-3). Per the NITU, MNR was required to notify the

STB of a trail use agreement prior to its expiration on February 8, 2025. (Id., Ex. 3 at 3). MNR

filed for and was granted an Extension of the Interim Trail Use Negotiation period, which is now

set to expire on February 8, 2026. (Id., Ex. 190, ECF No. 43-190).

II. Analysis

A. Standard of Review

Each party moves for summary judgment. The Court may “grant summary judgment if

the movant shows that there is no genuine dispute as to any material fact and the movant is

entitled to judgment as a matter of law.” RCFC 56(a). The moving party bears the burden of

demonstrating the absence of any genuine issue of material fact. See Celotex Corp. v. Catrett,

477 U.S. 317, 323 (1986). Facts are material if they “might affect the outcome of the suit.”

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A genuine factual dispute exists

when “the evidence is such that a reasonable [factfinder] could return a verdict for the

nonmoving party.” Id.

While “inferences to be drawn from the underlying facts . . . must be viewed in the light

most favorable to the party opposing the motion[,]” United States v. Diebold, Inc., 369 U.S. 654,

655 (1962), summary judgment may still be granted when the party opposing the motion submits

evidence that “is merely colorable . . . or is not significantly probative.” Anderson, 477 U.S. at

249–50 (internal citations omitted). However, the moving party “need not produce evidence

showing the absence of a genuine issue of material fact but rather may discharge its burden by

showing . . . that there is an absence of evidence to support the nonmoving party’s case.”

Dairyland Power Co-op. v. United States, 16 F.3d 1197, 1202 (Fed. Cir. 1994) (citing Celotex

Corp., 477 U.S. at 325). Courts may only grant summary judgment when “the record taken as a

3

whole could not lead a rational trier of fact to find for the non-moving party[.]” Matsushita, Elec.

Indus. Co., Ltd. v. United States, 475 U.S. 574, 587 (1986) (quoting First Nat. Bank of Ariz. v.

Cities Serv. Co., 391 U.S. 253, 289 (1968)). A trial court is permitted, in its discretion, to deny

even a well-supported motion for summary judgment if the case would benefit from a full

hearing. Lowery v. United States, 167 Fed. Cl. 28, 37 (2023) (citing United States v. Certain Real

& Pers. Prop. Belonging to Hayes, 943 F.2d 1292 (11th Cir. 1991)).

B. Discussion

In Trails Act cases, a taking occurs when “government action destroys state-defined

property rights[,]” either “by converting a railway easement to a recreational trail, if trail use is

outside the scope of the original railway easement[,]” or by compelling the continuation of a

railroad-purposes easement to accommodate negotiations for a trail-use agreement, even if the

negotiations are ultimately unsuccessful. Ladd v. United States, 630 F.3d 1015, 1019, 1025 (Fed.

Cir. 2010); see also Caquelin v. United States, 959 F.3d 1360, 1367 (Fed. Cir. 2020)

(“Caquelin”). The determinative issues for takings liability are: (1) whether the railroad acquired

full ownership of the land (fee simple) or merely easements; (2) if only easements were acquired,

whether those easements were limited to railroad use or also permitted future use as public

recreational trails; and (3) whether any such easement permitting recreational trail use expired

before the alleged taking, leaving the landowners with full, unencumbered ownership at that

time. Galt Auto. Warehouse, Inc. v. United States, 179 Fed. Cl. 138, 143 (2025) (citing Preseault

v. ICC, 100 F.3d 1525, 1550 (Fed. Cir. 1996)); see also Ellamae Phillips Co. v. United States,

564 F.3d 1367, 1373 (Fed. Cir. 2009) (outlining the determinative issues for takings liability).

Importantly, property rights are determined by the operation of state law. Castillo v. Diaz, 952

F.3d 1311, 1319 (Fed. Cir. 2020).

This analysis becomes more complicated when a trail use agreement has not been

reached. The Federal Circuit has held that in cases where no trail use agreement is reached, but

the NITU compels the railroad to delay its abandonment, the issuance of a NITU may effect a

temporary physical taking. Ladd, 630 F.3d at 1023–24. To show causation when no trail use

agreement exists, it must be clear that the railroad “had every intent to abandon the railroad lines

during the period of time that the NITU was in effect and was prevented from doing so by the

existence of the NITU.” Memmer v. United States, 50 F.4th 136, 145 (Fed. Cir. 2022). To

evaluate the railroad’s intent, the Court may look to a variety of circumstances, including: the

railroad’s initiation of abandonment proceedings; its refusal to extend the NITU; the timing of its

abandonment relative to the NITU’s expiration; the scope of authority granted under the NITU;

and whether the railroad undertook physical acts consistent with abandonment, such as removing

track infrastructure, et cetera. See Galt Auto., 179 Fed. Cl. at 144 (citing Sauer West LLC v.

United States, 151 F.4th 1339, 1346 (Fed. Cir. 2025)). These factors are illustrative, not

exhaustive. See Sauer West, 151 F.4th at 1346.

Plaintiffs move for summary judgment, requesting the Court find that the

condemnations—through which the constructing railroad acquired the Line—conveyed only

easements limited to railroad purposes, and recreational trail use exceeds the scope of those

easements. (Pls.’ Mot. at 12–21). Plaintiffs also contend they have established a property interest

in the rail corridor based on New York’s centerline presumption. (Id. at 17–18). Finally,

4

Plaintiffs seek summary judgment, asserting that the issuance of a NITU caused a taking. (Id. at

18–21).

The United States cross-moves for summary judgment, dividing the Plaintiffs into two

separate groups, Groups C and D. 3 (Def.’s Mot. at 1–3). The United States moves for summary

judgment for claims premised on the centerline presumption (“Group C”) and those adjacent to

the “pre-existing Maybrook Trail” (“Group D”). (Def.’s Mot. at 1–2). Finally, the United States

claims that none of the Plaintiffs in this matter can demonstrate that MNR would have

abandoned the rail line absent the NITU. (Id. at 3).

1. Under New York law, the Railroad obtained easements limited to railroad

purposes, and Trail use is beyond the easement’s scope.

Plaintiffs allege that the railroad acquired the Line through condemnations, which

necessarily means that the railroad acquired an easement limited to railroad purposes under New

York law. (Pls.’ Mot. at 12–22). Further still, Plaintiffs assert that the easements acquired are

specifically limited to railroad purposes. (Id.). In its response, the United States expressly states

that it did not contest that “the original railroad acquired an interest in the corridor via

condemnation” or that “those condemnation deeds convey[ed] easements for railroad purposes

under New York law[.]” (Def.’s Mot. at 12 n.5).

It is well established that condemnations convey easements limited to railroad purposes

in the state of New York. (See Pls.’ Mot., Ex. 4, ECF No. 43-4 (The New York Railroad Act of

1850 (“the GRA”), §§ 14–21, 25–26, 28)). New York courts have consistently held that the

GRA 4 does not permit railroads to acquire property in fee pursuant to condemnation. Crouch v.

State, 218 A.D. 356, 358 (N.Y. App. Div. 1926) (“[T]he general rule is that unless express

authority to take a fee is given, the railroad company acquires title only in the nature of an

easement.”) (citing Hudson & Manhattan R. R. Co. v. Wendel, 193 N.Y. 166, 177, 179 (1908));

Erie Lackawanna Ry. Co. v. State, 38 A.D.2d 463, 464 (N.Y. App. Div. 1972); People v.

Helinski, 222 A.D.2d 788, 790 (N.Y. App. Div. 1995) (finding the subject property was acquired

3

The United States notes that these naming conventions are adopted from its Cross-Motion for

Partial Summary Judgment on Liability in the indirectly related case Zanzarella v. United States,

No. 24-239, 2025 WL 3628241 (Fed. Cl. Dec. 15, 2025). (Def.’s Mot. at 1 n.1). In that case,

Group C encompassed claims premised on the centerline presumption and Group D

encompassed properties adjacent to the Maybrook Trail. See Zanzarella, 2025 WL 3628241, at

*3.

4

The GRA, passed by the New York State Legislature, was formally titled “An Act to authorize

the formation of railroad corporations, and to regulate the same[,]” passed on April 2, 1850. See

N.Y. Law ch. 140 (1850); (Pls.’ Mot., Ex. 4, ECF No. 43-4). Though they have similar naming

conventions, this is not to be confused with the federal General Railroad Right-of-Way Act of

1875, 18 Stat. 482, 43 U.S.C. §§ 934–939. See Marvin M. Brandt Revocable Trust v. United

States, 572 U.S. 93, 98 (2014) (discussing the congressional passage of the General Railroad

Right-of-Way Act).

5

through condemnation and thus the railroad could only acquire a permanent easement, not title in

fee) (citing O&W Lines, Inc. v. St. John, 228 N.E.2d 370, 371 (N.Y. 1967)). Because the law in

New York is clear, and this issue is undisputed, the Court finds that a railroad’s interests in land

acquired via condemnation can only amount to an easement limited to railroad purposes and not

a fee title. Therefore, Plaintiff’s succeed on this claim.

Plaintiffs also argue that recreational trail use exceeds the scope of the railroad’s

easements. (Pls.’ Mot. at 15–17). Again, the United States raised no objections to this claim. (See

Def.’s Mot.). Because this issue is uncontested, the Court finds that Plaintiffs have successfully

shown that trail use exceeds the scope of the railroad’s easements.

2. Centerline Presumption

The Court next turns to the parties’ dispute regarding the applicability of the “centerline

presumption.” The “centerline presumption” generally assumes that property owners whose land

borders a railroad or road also own the land up to the centerline of that right-of-way, unless state

law or the original deed shows otherwise. Castillo, 952 F.3d at 1311, 1314, 1320 (citing Banks v.

Ogden, 69 U.S. 57, 68 (1864)). The presumption is just that—a presumption. It may be rebutted.

Under New York law, the presumption is displaced where adequate evidence, including the deed

or relevant surrounding circumstances, demonstrates that the original grantor intended to convey

no more than the land up to the road’s edge. Marks v. Gaeckle, 156 N.Y.S.3d 402, 404 (N.Y.

App. Div. 2021); Bashaw v. Clark, 699 N.Y.S.2d 533, 537 (N.Y. App. Div. 1999). Courts

consider various factors, including the deed’s language, land layout, and actions of past owners,

to determine intent. DiMarino v. United States, 179 Fed. Cl. 119, 123 (2025) (citing Marks, 156

N.Y.S. at 404), opinion clarified, 178 Fed. Cl. 733 (2025). When there is doubt as to intent, it

can also be garnered from the practical construction of the grantor and grantee and their

successors in title. Id. (citing Lehrman v. Lake Katonah Club, Inc., 794 N.Y.S.2d 670 (N.Y. App.

Div. 2005)).

Plaintiffs now seek to establish their ownership of the land adjoining and underlying

those segments of the corridor where the railroad acquired only an easement for railroad

purposes. (Pls.’ Mot. at 17–18). If they can prove adjacency, Plaintiffs then aim to assert a

property interest in the rail corridor under New York’s centerline presumption. (Id.). In its

response, the United States does not raise arguments contesting whether any of the properties are

adjacent to the Line. (See Def.’s Mot.). However, the United States challenges the application of

the centerline presumption for the Group C Plaintiffs and moves for summary judgment,

asserting that Plaintiffs’ “deed instruments do not convey an ownership interest to the Plaintiffs

in the underlying corridor.” (Id. at 11–18). The United States further maintains that Plaintiffs rely

broadly on the exhibits attached to their Motion without substantively addressing what those

exhibits actually show. (Id.). Specifically, the United States argues that, based on the “metes and

bounds descriptions” and “attached maps/plats of the land,” the documents demonstrate an intent

of the original grantor “to limit the conveyances to the exterior of the Beacon Line corridor.” (Id.

at 13).

In response, Plaintiffs assert that the United States places too much emphasis on the fact

that some of the deeds either describe various properties as running “along” the rail line or

identify particular “lot[s.]” (Pls.’ Reply at 2–12 (“If the government was correct, then any

6

South 1° 06’ East 322.51 feet to a point or

place of beginning”

(Pls.’ Ex. 25a).

“All that certain piece or parcel of land lying

and situate in the Town of Pawling, County of

Dutchess, and State of New York, shown and

designated as Lot 2 on a certain map entitled,

“Subdivision Plat prepared for Adams”,

prepared by Zarecki & Associates, LLC, on

file with the Dutchess County Clerk as

Filed Map #12441, being more particularly

bounded and described as follows:

BEGINNING at a point on the easterly line of

N.Y.S. Route 292 at the northwest corner of

lands now or formerly Adams and the

southwest corner of lands now or formerly

Town of Pawling Cemetery; RUNNING

THENCE the following nine (9) courses and

distances along the Town of Pawling

Joseph & Patricia

Cemetery; . . .

Aiello: 134089- Rebutted, does

2

6857-00-452460- not apply

RUNNING THENCE along the lands now or

0000

formerly of Ballard;

• North 46° 10’ 35” East, 8.95 feet;

• North 87° 16’ 20” East, 38.03 feet;

• North 83° 54’ 45” East, 35.92 feet;

• North 87° 40’ 11” East, 87.80 feet;

• South 85° 35’ 45” East, 46.23 feet;

• South 83° 32’ 47” East, 183.45 feet to a

point on the westerly line of Metro-North

Commuter Railroad;

THENCE RUNNING southwesterly on a

curve to the right having a radius of 2,242.51

and an arc length of 706.08’ (chord, South 18°

41’ 09” West, 703.17 feet); . . .”

(Pls.’ Ex. 26a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in Town of Patterson,

County of Putnam and State of New York,

Julius Almenas: III:

3 shown and designated as Lot No. 42 on a Applies

13.-2-87

certain map entitled, “Final Subdivision

Plat of O’Hare Subdivision Section II”,

filed in the Putnam County Clerk's Office

8

on September 25, 1992 as Filed Map 2360-

B, also being more particularly bounded and

described as follows: BEGINNING at the

intersection of Lot 42 and Lot 41, as shown on

the above described map, with the southerly

side of Fox Hill Terrace; RUNNING

THENCE along said division line South 35

degrees 8’ 54” West 358.11 feet; THENCE

along the division line between Lot 41 and

Lots 36 and 37, North 76 degrees 2’ 47” West

534.02 feet; THENCE along the division

line between Lot 42 and the lands now or

formerly of the New York/New Haven

Railroad, the following courses and

distances: North 20 degrees 18’ 39” East

45.00 feet; North 14 degrees 27’ 42” test

31.23 feet; North 3 degrees 9’ East 141.38

feet; North 2 degrees 41’ 27” East 80.50 feet;

North 1 degree 3’ 27” East 30.00 feet; . . .”

(Pls.’ Ex. 27a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of East Fishkill, County of Dutchess and State

of New York, known as Lot No. 17 as shown

on a map entitled “Shadowbrook Estates,

Subdivision Plat for Herbert Stenger”, and

filed in the Dutchess County Clerk’s Office

as Map No. 5055 on January 20, 1977, said

lot being more particularly bounded and

described as follows: BEGINNING at a point

Mario & Evette on the westerly side of Shadow Lane at the

Alti: 132800-6357- 4 division line between Lot No. 17 and Lot No. Applies

04-927335-0000 18 on said map; RUNNING thence along said

westerly side of Shadow Lane on a curve to

the left having a radius of 175.00 feet, a

distance of 17.00 feet; THENCE South 15°

30’ 00” West 63.11 feet, and along a curve to

the left, having a radius of 100.00 feet, a

distance of 23.00 feet to the division line

between Lot No. 17 and Lot No. 16 on said

map; RUNNING thence along said division

line South 87° 16’ 15” West 355.14 feet to

lands now or formerly of the Town of East

Fishkill; RUNNING thence along said lands

9

North 21 ° 48’ 18” West 219.88 feet to lands

now or formerly Metro North, formerly

Penn Central Railroad; RUNNING thence

along said lands North 61 ° 46’ 10” East

95.00 feet to the division line between Lot No.

17 and Lot No. 18 on the above mentioned

map; . . .”

(Pls.’ Ex. 28a).

“All that certain plot, piece or parcel of land

situate, lying and being in the Town of

Pawling, County of Dutchess and State of

New York known and designated as Lot No.

11 on a certain map entitled, “Subdivision

Plat of Willow Lake Estates, Town of

Pawling, Dutchess County, New York”,

dated January 26, 1977 and filed in the

Dutchess County Clerk’s Office on June 30,

1977 as Filed Map #5183, being more

particularly bounded and described as

follows: BEGINNING at a point on the

westerly boundary line of a proposed public

road to be known as Maria Drive . . .; thence

from said point of beginning westerly along

the said division line between lot 10 & 11,

Nicola Apap:

South 68° 00' 00” West 247.40 feet to the Rebutted, does

134089-6856-00- 5

easterly boundary line of lands now or not apply

417666-0000

formerly New York, New Haven &

Hartford Railroad; thence northerly along

the same, North 18° 30' 30” West 290.54 feet

to a point where said easterly boundary line

of lands now or formerly of New York,

New Haven and Hartford Railroad is

intersected by the division line between lots

11 & 12 a shown on aid Filed Map #5183;

thence easterly along said division line of lots

11 & 12, North 68° 00' 00” East 229.71 feet to

the point on the westerly boundary line of the

first mentioned Maria Drive; thence southerly

along the same, South 22° 00' 00” East 290.00

feet to the point of BEGINNING.”

(Pls.’ Ex. 29a).

“ALL THOSE CERTAIN PLOTS, pieces, or

Ark of Grace Rebutted, does

6 parcels of land, with the buildings and

Ministries, Inc.: not apply

improvements thereon erected, situate, lying

10

134089-6857-00- and being in the Town of Pawling, County of

614585-0000 Dutchess, State of New York, being bounded

and described as follows: PARCEL I

BEGINNING at a point marked by a concrete

monument on the Westerly line of New York

State Route 55, said point being the

Northwesterly corner of lands now or

formerly of Cunningham and the

Northeasterly corner of the herein described

parcel, . . . , thence running South 37° 42’ 00”

West 574.55 feet through said Grape Creek,

to a point on the Easterly right-of-way line

of lands now or formerly of Conrail; thence

running along said lands now or formerly

of Conrail, the following courses and

distances: North 09° 42' 00” East 741.20 feet

to a point; thence running Northeasterly on a

curve to the right having a radius of 1,860.58

feet for an arc length of 578.97 feet; thence

running North 27° 31' 30” East 365.30 feet to

a point; thence running Northwesterly on a

curve to the left having a radius of 2,341.51

feet for an arc length of 875.59 feet to a point;

thence running North 06° 06' 00” East 225.00

feet to a point; thence running North 03° 55'

50” West 237 .55 feet to the Southwesterly

corner of lands now or formerly of United

States of America, formerly Shatz; thence

running South 85° 49' 27” East 966.94 feet to

the Westerly line of New York State Route

55; . . . .”

(Pls.’ Ex. 30a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of East Fishkill, County of Dutchess and State

of New York, being known and designated as

Saundra

Lot No. 7 on a certain map entitled,

Armstrong:

7 “Subdivision Plan for Walton Realty Inc., Applies

132800-6557-03-

Town of East Fishkill, Dutchess County,

382137-0000

New York” dated April 22, 1998 and filed

in the Office of the County Clerk of

Dutchess County on September 21, 1999 as

Map No. 10874 being more particularly

bounded and described according to said map

11

as follows: BEGINNING at a point on the

easterly side of Falcon Crest Court where the

division line between lots 6 and 7 on the

aforementioned map intersects said easterly

side of Falcon Crest Court; RUNNING

THENCE North 50 degrees 55 minutes 09

seconds East 300.46 feet; THENCE South 80

degrees 29 minutes 00 seconds East, 197.85

feet; THENCE South 16 degrees 46 minutes

00 seconds West, 110.03 feet; THENCE

South 68 degrees 01 minutes 40 seconds

West, 304.52 feet; THENCE North 82 degrees

31 minutes 0 seconds West, 101.09 feet to the

easterly side of Falcon Crest Court; THENCE

northerly on said side of Falcon Crest Court

along a curve to the left having a radius of

65.00 feet and an arc length of 52.82 feet to

the point and place of BEGINNING.”

(Pls.’ Ex. 31a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the City of Beacon,

County of Dutchess and State of New York

bounded and described as follows:

BEGINNINC at intersection of the southerly

line of Fishkill Avenue with the northeasterly

line of lands of Sambells and running thence

with line of lands of Sambells south sixty (60)

degrees twenty one (21) minutes thirty (30)

seconds east one hundred thirty and five

Beacon tenths (130.5) feet to the northwesterly line

Commercial Realty of the New York, New Haven & Hartford

Rebutted, does

Properties, LLC: 8 Railroad Co. thence with the northwesterly

not apply

130200-6055-80- line of the New York, New Haven &

459170-0000 Hartford Railroad Co. north twenty five

(25) degrees forty (40) minutes east fifty

and twelve hundredths (50.12) feet; thence

with other lands of party of the first part

(Eraca) north sixty (60) degrees twenty one

(21) minutes thirty (30) seconds west one

hundred twenty seven and three hundredths

(127.03) feet to the southeasterly line of

Fishkill Avenue aforesaid; . . . .”

(Pls.’ Ex. 32a).

12

“BEGINNING at a point in the northeasterly

side of Wolcott Avenue formerly called

Wiccopee Street at its junction with the south

easterly side of Fulton Avenue formerly called

William Street and running thence along the

southeasterly side of Fulton Avenue north

forty two degrees thirty minutes east four

hundred sixty seven feet six inches more or

less, . . . , and Gibney and along the southwest

line of land conveyed to Harrison B. Ellis,

three hundred thirty one and five tenths feet

more or less to the northwest side of

Tioronda Avenue thence south forty two

degrees thirty minutes west along the

Beacon Lodge No. northwest side of Tioronda Avenue three

1493, Benevolent hundred four and eight tenths feet more or

Protective Order of less to Wolcott Avenue and thence along Rebutted, does

9

Elks (BPOE): Wolcott Avenue northwesterly three hundred not apply

130200-6054-37- fifty three feet six inches to the place of

004630-0000 beginning. Being all of the land conveyed by

William Rothery to James G. Meyer by deed

dated May 8, 1896 recorded May 12, 1896 in

Liber 285 of deeds at page 389, in the

Dutchess County Clerk's Office. Excepting

however therefrom a small parcel of land

on Tioronda Avenue which was heretofore

conveyed to the Newburgh, Dutchess and

Connecticut Railroad Company and the

parcels conveyed by James G. Meyer and

others to Arcelious Moss, Louis Deitz,

James J. Gibney, Egbert A. Eastwood,

Julia Van Buren, and Harrison B. Ellis.”

(Pls.’ Ex. 33a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situated, lying and being in the Town

of East Fishkill, County of Dutchess, State of

Joseph Bochichio: New York, known and designated as Lot No.

132800-6357-04- 10 18 on a map entitled “Shadowbrook Estate, Applies

933354-0000 Sub-division Plat for Herbert Stenger” and

filed in the office of the Dutchess County

Clerk as filed Map No. 5055.”

(Pls.’ Ex. 34a).

13

“Beginning at a point on the Easterly side of

Old Road 52 which said point is the

Southwesterly corner of lands now or

formerly of Union Church and the Northwest

corner of the premises herein described; . . . ;

thence Southerly along lands now or formerly

of said Van Anden South 7°29’25” West

45.19 feet to a point in the Northerly line of

lands now or formerly of Penn Central

Daniel P. & Jeanne

Railroad which said point is the

Burke: 132800- Rebutted, does

12 Southeasterly corner of the herein

6657-03-124222- not apply

described premises; thence Westerly along a

0000

curve to the right having a radius of 1860.50

feet a length of 282.58 feet to a point on the

Easterly side of Old Route 52 which said

point is also the Southwesterly corner of the

herein described premises; thence Northerly

along Old Route 52 North 18°28’39” West

125 feet to the point or place of beginning.”

(Pls.’ Ex. 35a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the Town of

Pawling, County of Dutchess and State of

New York shown and designated as Lot No. 2

on a certain map entitled, “Subdivision of

Amico Nuriza” filed in the Dutchess

County Clerk's Office, on April 16, 1985 as

Map No. 7212 being more particularly

bounded and described as follow:

BEGINNING at a point on the westerly side

of Route 292 where same is intersected by the

Robert Caccomo: division line between lands now or formerly

134089-6855-02- 13 of Leight on the south and the herein Applies

748688-0000 described premises on the north; . . .

THENCE continuing along said lands, South

83 degrees 41' 58” West 33.51 feet to a point;

THENCE continuing North 16 degrees 33'

00” West 741.37 feet to a point on the

division line between Parcels 1 and 2 on

said map; THENCE continuing along said

division line, South 71 degrees 26' 38” East

207.80 feet and North 81 degrees 33' 22” East

285.00 feet to the westerly side of Route 292;

THENCE continuing along the westerly side

of Route 292 South 01 degrees 54' 39” West

14

52.32 feet to the point and place of

BEGINNING.”

(Pls.’ Ex. 36a).

“ALL that certain plot piece or parcel of land,

situate, lying and being in the TOWN OF

EAST FISHKILL, County of Dutchess and

State of New York, and being more

Christine A. particularly described as Lot No. 1 on a map

Callahan: 132800- entitled Section 2, Lomala Land

14 Applies

6356-02-532956- Development Corp. prepared by Ernst

0000 Martin, L.S. and filed in the Dutchess

County Clerk's Office on March 16, 1973

as Map No. 4087.”

(Pls. Ex. 37a).

“ALL that certain plot, piece, or parcel of land

situate, lying and being in the Town of East

Fishkill, County of Dutchess and State of New

York, known and designated as Lot 4-1 as

shown on a map entitled “SUBDIVISION

PLAT - SECTION 4 & SECTION 5 -

Lomala DEVELOPMENT CORP., situate

in the Town of East Fishkill, Dutchess

County, N.Y.”, dated May 1981, revised

October 22, 1981, prepared by Ernst Martin,

L.L.S., and filed in the Dutchess County

Clerk's Office on October 30, 1981 as filed

Gregory & Jaclyn map # 6240, bounded and described as

Chamberlain: follows: BEGINNING at a steel pin set on the

15 Applies

132800-6356-01- northeasterly line of Lomala Land {a/k/a}

364717-0000 Brooklyn Drive as per filed map) marking the

northwesterly line of the Metro North

Railroad, (formerly Dutchess-Columbia R.R.

Co.), thence northeasterly along the division

line between the herein described parcel

and the northwesterly line of the Metro

North Railroad, North 42-34-50 East 270.00

feet to a steel pin marking the southeasterly

corner of the lands now or formerly Joseph

Longhitano as described in Liber 1758 cp 282

(Lot 4-2, filed map 6240), . . .”

(Pls. Ex. 38a).

John & Alexandra “FIRST DESCRIBED PARCEL:

16 Applies

Colbert: 134089- BEGINNING at the northeast corner and

15

6855-00-537924- running due west along lands of Joseph

0000 Holmes to a brook and lands owned by

George Turner to the next brook west and

lands owned by Captain James Turner to the

west side of the New York and New

England Railroad about eight (8) rods;

thence north to a spring of water to a post

driven in the ground for a boundary; thence

east along lands of Captain James Turner to

the New York and New England Railroad;

thence north along said railroad to a culvert in

said railroad . . .

Parcel A: “BEGINNING at a point at the

southeast corner of the premises herein

described said point being the intersection of

the westerly side of the New York, New

Haven, Hartford Railroad Company and the

northeast line of property formerly of

Miller…running thence South 86° 35’ 00”

East 65.28 feet to the lands of the New

York, New Haven, Hartford Railroad,

running thence South 01° 49’ 00” East

54.05 feet . . .”

(Pls.’ Ex. 39a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

James Anthony

erected, situate, lying and being in the Town

D'Amato

of East Fishkill: 24 Helin Drive Hopewell

Irrevocable Trust: 17 Applies

Junction, New York 12533 (Parcel

132800-6357-04-

Number: 132800-6357-04-700183-0000)”

700183-0000

(Pls.’ Ex. 40a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of Pawling, County of Dutchess and State of

New York, described as Lot No. 1 on a

Paul & Dana

certain map entitled “Subdivision Plat

D'Amore: 134089-

18 prepared for Wendy and Fred H. Lates, Applies

6856-00-469425-

III, situate in the Town of Pawling”, which

0000

plat was filed in the Dutchess County

Clerk's Office on November 18, 1982, as

Map No. 6500, containing by estimation

2.8558 acres more or less.”

16

(Pls.’ Ex. 41a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the Town of

Patterson, County of Putnam, State of New

Frank Michael York, known and designated as Lot No. 11 on

Demaria & Kara a certain map entitled, “Map One, Mooney

19 Applies

Chamberlain: 13.- Hill Heights” which map was filed in the

2-41 Putnam County Clerk's Office on March

22, 1961 as Map No. 908.”

(Pls.’ Ex. 42a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon,

erected, situate, lying and being in the Town

of East Fishkill, County of Dutchess and State

of New York, known and designated as Lot

No. 1 on a certain map entitled,

“Subdivision Plat of Pond View Estates”,

dated September 29, 1992 and last revised

February 4, 2004 and filed September 28,

2005 in the Office of the Dutchess County

Clerk as Map No. 1185, said lot being

bounded and described as follows:

Trevor DiStefano: BEGINNING at a point on the northerly side

132800-6557-04- 20 of Route 52 where the division line between Applies

956163-0000 Lot No. 1 and Lot No. 2 as shown on the

aforementioned map intersects the northerly

side of Route, 52; . . . THENCE along said

last mentioned land, North 21 degrees 53

minutes 00 seconds East, 632.03 feet to land

now or formerly of Consolidated Rail

Corporation; THENCE along said last

mentioned land, South 78 degrees 41

minutes 00 seconds East, 151.11 feet to the

division line between Lot No. 1 and Lot No. 4

on the aforementioned map; . . . .”

(Pls.’ Ex. 43a).

“BEGINNING at a point on the south line of

Fishkill Avenue, Beacon-Fishkill State

Highway, Route 52, said point being South

DKH Realty, LLC:

29° 38' 30” W a distance of 253.38 feet from Rebutted, does

130200-6055-80- 21a

the southwest comer of lands now or formerly not apply

443076-0000

of G. Gravelin, thence South 60° 10' 32” E for

138.58 feet along the South Line of a 12-inch

block wall within the building said line

17

passes, through said line is also North of the

North face of a line of Steel Columns, to the

North line of the former New York, New

Haven and Hartford Railroad, thence

southerly along said line on a curve

concave to the South with a radius of

3,224.17 feet for a distance of 96.08 feel to

lands now or formerly of Shaw Holding

Corp., thence along said line North 60° 21'

30” W for 136.46 feel to the South line of

Fishkill Avenue aforesaid, thence North 29°

38' 30” E for 96.49 feet to the point and place

of beginning.”

(Pls.’ Ex. 44a).

“BEGINNING at an iron pin on the South line

of Fishkill Avenue, Beacon-Fishkill State

highway, Route 52 said point being South 29°

38' 30” W a distance of 128.38 feet from the

southwest comer to lands now or formerly of

F. Gravelin, thence South 60° 01' 07” E for

137.09 feet to the north line of the former

DKH Realty, LLC: New York, New Haven and Hartford

Rebutted, does

130200-6055-80- 21b Railroad, thence southerly along said line

not apply

450087-0000 on a curve concave to the south with a radius

of 3,224.17 feet for a distance of 125.32 feet,

thence North 60° 10' 32” W for 138.58 feet to

highway line aforesaid, thence North 29° 38'

30” East for 125.00 feet to the point and place

of beginning.”

(Pls.’ Ex. 44a).

“BEGINNING at an iron pin on the south line

of Fishkill Avenue, Beacon-Fishkill Highway,

Route 52, which point is the southwest corner

of lands now or formerly of G. Gravelin;

thence South 29° 38' 30” West 128.28 feet to

a point, said point also being on the south line

DKH Realty, LLC:

of said street and said point being the Rebutted, does

130200-6055-80- 21c

southwest corner of the herein described not apply

455098-0000

parcel and the northwest comer of lands now

or formerly of Hudson Motors Corp., thence

South 60° 01' 07” or East 137.09 feet to the

north line of the former New York, New

Haven and Hartford Railroad: thence on a

curve to the north with a radius of 3,224.17

18

feel for a distance of 122.78 feet thence North

25° 40' 00' East 6.29 feel to the southeast

corner of said lands now or formerly of F.

Gravelin; thence along the line of Gravelin

North 60° 21' 30' West 130.50 feet to the

place of beginning.”

(Pls.’ Ex. 44a).

“Parcel II: All that tract or parcel of land

situated in the City of Beacon, County of

Dutchess, State of New York bounded and

described as follows:

DKH Realty, LLC:

130200-6055-80- 21d Beginning as a point, said being the

439071-0000 intersection of the northerly line of lands now

or formerly Reinoehl North (Liber 433 CP

924) with easterly line of Fishkill Avenue and

thence running along said easterly line of

Fishkill Avenue North 29° 38’ 30” East

Rebutted, does

537.00 feet thence along the southerly line of

not apply

lands now or formerly Freedom Ford

(Brownell) South 60° 21’ 30” East, 136.38

feet; thence along the westerly line of lands

now or formerly Conn Rail Corporation,

DKH Realty, LLC: along a curve to the right having a radius of

130200-6055-80- 21e 3224.17 feet and being distant southerly

424048-0000 541.60 feet; thence along said lands of

Reinoehl North 60° 21’ 30” West 71 feet to

the point of beginning.”

(Pls.’ Ex. 44d).

“ALL that certain plot, piece or parcel of land

situate, lying and being in the Town of East

Fishkill, County of Dutchess and State of New

York, being designated as Lot No. 26 on a

certain map entitled, “Johnson Estates,

Section I, Town of East Fishkill, Dutchess

Colin & Kristy

County, New York”, made by Richard G.

Dunnigan: 132800- Rebutted, does

22 Barger, L.S. & P.E. dated April 18, 1991, last

6557-03-328185- not apply

revised March 26, 1992 and filed May 1,

0000

1992, in the Office of the Dutchess County

Clerk as Filed Map No. 9470, being bounded

and described as follows: BEGINNING at a

point along the southerly line of Woodcrest

Drive, . . . RUNNING THENCE South 68°

44' 40” East 118.31 feet to a point along the

19

northerly line of the lands of Consolidated

Rail Corp.; RUNNING THENCE in a

westerly direction along the northerly line

of the Consolidated Rail Corp., North 81°

10' 45” West 299.34 feet to a point;

RUNNING THENCE on a curve to the right

with a radius of 2,815.43 feet and a length of

291.62 feet to the southeasterly corner of the

aforesaid Lot 25; RUNNING THENCE in a

northerly direction along the easterly line of

Lot 25 North 10° 34' 14” West 418.81 feet to

the point of BEGINNING.”

(Pls.’ Ex. 45a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of East Fishkill, County of Dutchess, and

Raymond V. & State of New York, being designated as Lot

Sonia Earle: No. 6 on a certain map entitled

23 Applies

132800-6657-03- “Subdivision Plat of Pond View Estates”

051177-0000 filed in the Office of the Dutchess County

Clerk on September 28, 2005 as Filed Map

No. 11851.”

(Pls.’ Ex. 46a).

“BEGINNING at the intersection of the

southeasterly line of Fishkill Avenue with the

Northeasterly line of lands of Ross and

running thence along Fishkill Avenue 140

feet; thence South 60° 21’ 30” East to the

northwesterly line of the New York, New

FPGU, Inc.:

Haven, and Hartford Rail Co.; thence with Rebutted, does

130200-6055-80- 24

the Railroad southwesterly to the easterly not apply

463114-0000

corner of Ross; thence along the

northeasterly line of land of Ross North 60°

21’ 30” West 130.5 feet to the place of

beginning.”

(Pls.’ Ex. 47a).

“BEGINNING at a point on the southerly side

of the highway leading from Hopewell to

Irma Farfaro

Fishkill Village, said point being the Rebutted, does

132800-6357-04- 25

northeasterly corner of the herein described not apply

819293-0000

parcel and being 200.00 feet westerly from the

northwesterly corner of the land of Zago;

20

thence southeasterly S 45° 36' E 596.80 feet

to a point on a fence, northerly side of the

Newburgh, Dutchess and Connecticut

Railroad; thence easterly along said fence N

63° 33' E 200.00 feet to a fence corner; the

southwesterly corner of the aforementioned

Zago; thence southeasterly, crossing said

Railroad, S 37° 46' E 102.84 feet to a fence

corner, the northwesterly corner of the land of

Doughty; thence southeasterly along a fence,

the westerly line of said Doughty, S 34° 49' E

900.97 feet to a fence corner, the

southeasterly corner of the herein described

parcel; thence southwesterly along a fence,

the northerly line of said Doughty, the

following courses and distances, S 34° 46' W

302.71 feet, S 65° 51' W 27.42 feet, S 85° 30'

W 55.29 feet and S 27° 11' W 55.00 feet to a

point in the center of Fishkill Creek, being the

southwesterly corner of the herein described

parcel; thence northwesterly along the center

of said Creek, as it winds and turns, 1975 feet

more or less to a point, which point is N

56°16' W 1012.97 feet from the southwesterly

corner of the herein described parcel; thence

continuing northwesterly along the center of a

50 foot right of way N 35° 55' W 181.50 feet

to a point in the fence the southerly side of

the aforementioned railroad; thence

continuing northwesterly a continuation of

the same line the center of said right of

way, crossing said railroad N 35° 55' W

92.12 feet to a point on a fence the

northerly side of said railroad; thence

continuing northwesterly on a continuation of

the same line the center of said right of way

north 35°55' West 477. 76 feet to a point;

thence northeasterly along the center of said

right of way N 15° 05' E 102.29 feet to a

point, being the northwesterly corner of the

herein described parcel, on the southerly side

of the aforementioned highway; thence

easterly along the southerly side of said

highway the following courses and distances,

N 51° 48' E 167.47 feet, N 65° 26' E 66.10

21

feet and N 68° 52' E 171.42 feet to the point

or place of beginning.”

(Pls.’ Ex. 48a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the Town of

Southeast, County of Putnam and State of

New York, known and designated as Lot 2 on

a certain map entitled, “Final Subdivision

Faust Wilkins Plat of Route 6 East”, dated June 13, 1994,

Properties, LLC: 26 revised August 18, 1994 and filed October Applies

69.-1-11.2 13, 1994 in the Putnam County Clerk's

Office as Filed Map No. 2627. Subject to an

access easement granted in Liber 1668 CP

386.”

(Pls.’ Ex. 49a).

“ALL that lot, piece or parcel of land, situate,

lying and being in the Town of Fishkill,

County of Dutchess and State of New York,

shown and designated as Lot No. 1 on a

certain map entitled “Kip House

Subdivision Plat on file in the Office of the

Dutchess County Clerk as filed Map No.

10734. Said Lot No. 1 being more particularly

described as follows; BEGINNING at a point

in the southerly bounds of Old Glenham

Road, said point being an iron rod found at the

northeast corner of the herein described Lot

No. 1; THENCE RUNNING with the

Rodney Fergus: southwesterly bounds of filed maps numbered

133089-6155-03- 27 2352 and 2442, along iron rods set on line, Applies

300486-0000 south 31 degrees 05 minutes 00 second east

851.40 feet to an iron rod set, south 27

degrees 27 minutes 58 seconds east 228.36

feet to an iron rod set south 31 degrees 31

minutes 18 second east 283.59 feet to an iron

rod set at the south corner of Lot No. 55 of

filed Map No. 2442 and in the northerly

bounds of lands now or formerly of the

Metro North Commuter Rail Road Co.

(Liber 1956 Page 339); THENCE

RUNNING with said lands of Metro North

south 64 degrees 23 minutes 13 seconds west

1672.19 feet to an iron rod set at the westerly

corner of lands now or formerly Mahopac

22

Park Terrace, Inc. (Parcel I of Liber 1433

page 334); . . .”

(Pls.’ Ex. 50a).

“BEGINNING at a point on the Northeasterly

line of Helin Road, said point being the

intersection of the Northeasterly line of said

Helin Road with the Northwesterly line of

lands of Lot No. 2 as shown on a certain

map entitled, “Subdivision for Michael

McAllister” and recorded in the Dutchess

County Clerk's Office as Map Number

11128; RUNNING THENCE along the

Northeasterly line of said Helin Road, North

Alberto & 45 degrees 35 minutes 40 seconds West,

Elizabeth Garcia: 216.00 to a point on the Southeasterly line of Rebutted, does

29

132800-6357-04- lands of Metro North: RUNNING THENCE not apply

753189-0000 leaving said line and running along the

Southeasterly line of lands of said Metro

North, North 62 degrees minutes 40

seconds East, 380.00 feet to a point;

RUNNING THENCE leaving said line and

running along the Southwesterly and

Northwesterly lines of lands of aforesaid No.

2, as shown on said Map No. 11128, the

following: . . .”

(Pls.’ Ex. 52a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being In the Town of East

Fishkill, County of Dutchess and State of New

Christian & Kristie York, described as Lot No. 20 on a certain

Gautier: 132800- map entitled, “Shadowbrook Estates”,

30 Applies

6357-04-962378- subdivision post for Herbert Stenger, and

0000 filed In the Office of the Dutchess County

Clerk's Office as Flied Map No. 5055.”

(Pls.’ Ex. 53a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

Derek Gibb:

of Beekman, County of Dutchess and State of Rebutted, does

132200-6758-00- 33

New York, described as follows: not apply

815192-0000

BEGINNING at an iron pipe on the

westerly boundary of the Depot Hill Road,

said pipe being on the westerly boundary of

23

the New York, New Haven and Hartford

Railroad; THENCE along the west side of

said road, North 11 degrees 33 minutes 42.82

feet to a pipe driven in the ground on the

south side of a thirty-three foot right of way; .

. . THENCE South 73 degrees 53 minutes

East about 200 feet to lands of the New

Yark, New Haven and Hartford Railroad,

which point is seventeen feet North 25

degrees 12 minutes East from an iron pipe

driven in the boundary line of said railroad

lands; THENCE along lands of said

railroad, North 25 degrees 12 minutes East,

300 feet to the point or place of

BEGINNING.”

(Pls.’ Ex. 55a).

“ALL THE CERTAIN PLOT, PIECE OR

LAND, WITH THE BUILDINGS AND

IMPROVEMENTS THEREON ERECTED,

SITUATED LYING AND BEING IN THE

TOWN OF EAST FISHKILL COUNTY OF

Gisonni Living DUCHESS AND STATE OF NEW YORK,

Trust: 132800- BEING LOT NO. 27 ON “SUBDIVSION

34 Applies

6457-04-941311- PLAT FOR LUKE VISTAS SECTION 3”,

0000 FILED JUNE 23, 1988 AS MAP NO. 8424.

Commonly known as: 12 Darci Drive,

Hopewell Junction, NY 12533[.]”

(Pls.’ Ex. 56a).

“BEGINNING in the westerly line of the road

from Holmes to Whaley Lake (Route 216)

and the northeast corner of lands of Russell,

formerly Watson Ballard, and RUNNING

THENCE along the road northerly 133 feet

more or less to lands of White: THENCE

Sharon Gladman: along the same westerly 333 feet more or less

Rebutted, does

134089-6855-02- 35 to a corner; THENCE northerly 38 feet more

not apply

752792-0000 or less to the corner of the lands of Mina;

THENCE westerly 284 feet more or less to

the New Haven Railroad; THENCE along

the Railroad southerly 97 feet to a corner;

THENCE along lands of Callahan easterly

290 feet more or less to a corner and southerly

65 feet more or less to a corner; THENCE

24

along said lands of Russell easterly 350 feet

more or less to the place of BEGINNING.

Premises also described according to a survey

made by David L. Odell, PLS dated 11-28-18

as follows: ALL that certain plot, piece or

parcel of land situate, lying and being in the

Town of Pawling, County of Dutchess and

State of New York, bounded and described as

follows: . . . RUNNING THENCE along the

last mentioned dividing line, the following

two (2) courses and distances: North 8

degrees 36' 10” East, a distance of 63.50 feet;

North 87 degrees 51' 30” West, a distance of

295.52 feet to a point on the dividing line

between the premises herein described and

lands formerly New Haven Railroad, now

or formerly Consolidated Rail Corp;

RUNNING THENCE along the last

mentioned dividing line, North 4 degrees 05'

10” West, a distance of 97.52 feet to a point

on the dividing line between the premises

herein described and lands formerly Mina,

now or formerly Humphreys and Valente; . .

.”

(Pls. Ex. 57a).

“All that tract or parcel of land situated in the

town of Fishkill, County of Dutchess, State of

Kimberly Gray:

New York, described as follows. Grid No.

133089-6155-01- 36 Applies

133089- 6155-01-487580-0000.”

487580-0000

(Pls.’ Ex. 58a).

“Tax/Parcel ID No.: Section 6657 Block: 03

Lot: 426214 All that certain plot, piece of land

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of East Fishkill, County of Dutchess and State

Christine M. of New York, being shown and designated as

Harsaghy: 132800- Lot 3 on a map entitled “Subdivision Plat for Rebutted, does

37

6657-03-426214- Vassari Subdivision”, and filed in the not apply

0000 Dutchess County Clerk's Office on April 2,

2001, as Map # 11160, said lot being

particularly bounded and described as

follows: Beginning at a point in the northerly

line of Seaman Road, said point being the

southeast corner of Lot 2 as shown on aid

25

filed Map # 11160 and the southwest comer of

the herein described premises, and running

from thence along the easterly line of said Lot

2, North 03° 30' 00” East 473.92 Feet to a

point in the southerly line of lands now or

formerly of the Metro North Railroad;

thence along the southerly line of lands now

or formerly of the Metro North Railroad;

thence along the southerly line of said

railroad, South 57” 19' 00” East 143.17 feet

to the northwest corner of lot 4 as shown on

said map; . . ..”

(Pls.’ Ex. 59a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the Town of East

Fishkill, County of Dutchess and State of New

Abigail & York, and known and designated as Lot No.

Christopher 2 on a certain map entitled, “Map of

Hedden: 132800- 38 Subdivision for Haimelin & Applies

6356-01-386683- Schiewschienko”, which said Map was filed

0000 in the Dutchess County Clerk's Office on

October 6, 1987 as Map No. 8148.”

(Pls.’ Ex. 60a).

“PARCEL I ALL THAT CERTAIN PLOT,

PIECE OR PARCEL OF LAND, SITUATE,

LYING AND BEING IN THE TOWN OF

PATTERSON, COUNTY OF PUTNAM,

AND STATE OF NEW YORK, BEING

BOUNDED AND DESCRIBED:AS

FOLLOWS: BEGINNING AT THE POINT

OF INTERSECTION OF THE SOUTHERLY

LINE OF MOONEY HILL ROAD AND THE

EASTERLY LINE OF LANDS NOW OR

Kim & Thomas Rebutted, does

39 FORMERLY OF A. B. PARKS, INC.; . . .

Herman: 13.-2-39 not apply

RUNNING THENCE SOUTH 86 DEGREES

00 MINUTES 56 SECONDS WEST 82.31

FEET AND SOUTH 88 DEGREES 44

MINUTES 31 SECONDS WEST 13.66;

CONTINUING THENCE ALONG LANDS

NOW OR FORMERLY OF NEW YORK

HAVEN AND HARTFORD RAILROAD

COMPANY SOUTH 77 DEGREES 02

MINUTES 21 SECONDS WEST 65.72 FEET

AND SOUTH 0 DEGREES 49 MINUTES 38

26

SECONDS EAST 224.32 FEET TO A

POINT ON THE LINE OF LANDS NOW

OR FORMERLY OF A.H. PARKS, INC.; . . .

PARCEL II ALL THAT CERTAIN PLOT,

PIECE OR PARCEL OF LAND, SITUATE,

LYING AND BEING IN THE TOWN OF

PATTERSON, COUNTY OF PUTNAM

AND STATE OF NEW YORK, BOUNDED

AND DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT AT THE

MOST SOUTHERLY CORNER OF THE

PREMISES HEREIN DESCRIBED, SAID

POINT BEING DISTANT 49.5 FEET

EASTERLY FROM STATION 10477 34.5

OF THE MONUMENTAL CENTER LINE

OF THE RAILROAD FORMERLY

LEADING FROM BOSTON TO HUDSON

RIVER, MEASURED AT RIGHT

ANGLES THERETO; THENCE IN A

GENERAL NORTHERLY AND

NORTHWESTERLY DIRECTION IN A

LINE PARALLEL TO AND

CONCENTRIC WITH AND DISTANT

49.5 FEET EASTERLY AND

NORTHEASTERLY FROM SAID

CENTER LINE MEASURED AT RIGHT

ANGLES AND RADIALLY THERETO

RESPECTIVELY AND BOUNDED

WESTERLY AND NORTHWESTERLY

ON REMAINING RAILROAD LAND 955

FEET MORE OR LESS TO A POINT IN

THE SOUTHERLY LINE OF A

HIGHWAY; THENCE EASTERLY

ALONG SAID·SOUTHERLY LINE OF

SAID HIGHWAY 241 FEET MORE OR

LESS TO A POINT; . . . .”

(Pls.’ Ex. 61a).

“BEGINNING at the northwesterly corner of

lands of Bryant M. Holcomb & Claudine

Holcomb Trust:

Fowler Allen Holcomb as described in deed

132800-6457-04- 40 Applies

dated April 18, 2012 and recorded in the

991177-0000

Dutchess County Clerk's Office on April 25,

2012 in Deed Document No. 02-2012-1777,

27

said point being on the southerly side of

lands of Metro-North Commuter Railroad

Company as described in Deed Document

No. 02-2009-1705 and along the westerly side

of lands of Taconic State Parkway as

described In Book 418 of Deeds at Page 1,

said point being distant S 28°24'41” W 1.09

feet from a concrete monument found;

Thence from said point of beginning, along

the northerly bounds of said lands of

Holcomb and southerly bounds of said

lands of Metro North Commuter Railroad

Company, N 43°48'28” W 1,481.06 feet to a

capped iron rod set at the northerly end of

a stone wall at the northwesterly corner of

the herein described parcel; Thence

continuing along said division line in part,

along the division line of the herein described

parcel and Lots No. 27 through 31 and the

Easterly terminus of Andrews Road as shown

on a map entitled “Subdivision Plat for Lake

Vistas -3”

(Pls.’ Ex. 62a).

Jonathan “Section 6855 Block 02 Lot 711829 County

Humphreys & or Town PAWLING Street Address 411

Jennifer Valente: 41 Route 292 Holmes, New York 12531.” Applies

134089-6855-02-

711829-0000 (Pls.’ Ex. 63a).

“Parcel II. Beginning in the northwesterly line

of Main Street at the northeasterly corner of

lands of Papo at a point distant north easterly

52.23 feet from the intersection of the

northwesterly line of Main Street with the

northeasterly line of Herbert Street and

running thence with the northwesterly line

Michael Huxta: of Main Street the following courses and

Rebutted, does

130200-6054-30- 42 distances, north 42 degrees 5 minutes 20

not apply

177846-0000 seconds east 40 feet; thence north 29

degrees 58 minutes 40 seconds east 60.74

feet to an iron pin set in the ground; thence

with lands of Green Fuel Economizer Co.,

Inc. north 49 degrees 40 minutes west 86.11

feet; thence with other lands of Keating Estate

South 38 degrees 58 minutes 40 seconds west

100.44 feet; thence with other lands of Papo

28

south 50 degrees six minutes east 93.42 feet to

the place of beginning.”

(Pls.’ Ex. 64a).

“BEGINNING in the line of lands of Rapelje

now or formerly; and RUNNING North 64

degrees 45’ East 864.00 feet crossing the

New York N.H. & H.R.R.; THENCE North

41 degrees 05’ West, 350.00 feet; North 39

degrees 00' West 505.00 feet; THENCE South

36 degrees 20' West, 175.00 feet; South 52

degrees 00' East, 146.00 feet; and South 65

degrees 00' East, 170.00 feet to lands of

J & T Sunset Fowler now or formerly; THENCE

Farms, LLC: Southwesterly along Fowler, South 33 degrees

43a Applies

132800-6457-04- 30’ West crossing the N.Y.N.H. & H.R.R.

971374-0000 1270.00 feet to lands now or formerly of

Dutchess Park Knolls, Inc.; THENCE

northwesterly along a stone wall 730 feet

more or less to the point and place of

BEGINNING. Subject to the rights of the

N.Y.N.H. & H.R.R. Co. EXCEPTING, all

lands south of and including the bed of The

N.Y.N.H. & H. R.R. Co.”

(Pls.’ Ex. 65a).

“ALL that certain plot piece or parcel of land,

situate, in the Town of East Fishkill, Dutchess

County, New York, bounded and generally as

follows: On the north by lands of Joseph

Genung and Francis Berry; on the east by

lands of Thomas Baldwin and the Public

Highway; leading from Hopewell to the

J & T Sunset Fishkill and Stormville Road; on the south Unclear,

Farms, LLC: and west by lands of John B. Emans. questions of

43b

132800-6557-03- Containing fifty-seven acres of land, more or fact remain for

046356-0000 less; formerly occupied by John C. Luyster, trial

now deceased. This description being taken

from a deed from John P. Luyster to Stephen

McCabe dated April 6th 1867 and recorded in

the Dutchess County Clerk's Office April 6th

1867 in Liber 139 page 47, etc.”

(Pls.’ Ex. 65d).

J & T Sunset “BEGINNING at the northwest comer of the Rebutted, does

43c

Farms, LLC: farm of John O. and Emma Langenegger; not apply

29

132800-6557-03- THENCE RUNNING westerly along a stone

205343-0000 wall and in a line in continuation thereof to

lands of the Emedine Farm; THENCE

southerly along the east line of the Emedine

Farm to land of the New York and New

Haven Railroad Company; THENCE

easterly along the northerly line of lands of

said Railroad Company to the public

highway leading to Fishkill Furnace;

THENCE northerly along the highway to the

southeast comer of lands of said Langenegger;

. . . .”

(Pls.’ Ex. 65d).

“ALL that certain plot, piece or parcel of land

situate, lying and being in the Town of

Pawling, County of Dutchess, and State of

New York being known and designated as

Aaron & Kristine Lot 1 on a certain map entitled,

Jackson: 134089- “Subdivision Plat Prepared for W. Robert

44 Applies

6856-00-472512- Weidner & Carey L. Weidner” dated

0000 5/1/85 and filed in the Dutchess County

Clerk's Office on 8/20/85 as Filed Map No.

7349.”

(Pls.’ Ex. 66a).

“BEGINNING at a point in the westerly line

of Route 216, the said point being the

southeasterly corner of the herein described

parcel and being the northeasterly corner of

lands now or formerly of David Turner;

thence along the westerly line of Route 216

the following four courses and distances:

North 11 ° 02' East 148.29 feet; North 23° 50'

East 207.42 feet; North 01 ° 51' West 55.11

JAT Farms, LLC:

feet North 06° 47' West 135.93 feet to the Rebutted, does

134089-6855-00- 45

southeasterly comer of lands now or formerly not apply

581869-0000

of North; . . . thence along the northerly line

of lands now or formerly of David Turner the

following nine courses and distances: South

87° 40' East 206.21 feet; South 89° 10' East

313.00 feet; South 87° 30' East 228.41 feet;

South 89° 32' East 1148.49 feet; South 86° 56'

East 84.56 feet; South 86° 37' East 228.97

feet; South 82° 22' East 102.04 feet South 88°

56' East 399.10 feet; South 87° 35' East

30

259.61 feet to the point or place of beginning.

EXCEPTING AND RESERVING Lots 1, 2,

and 3 on Map No. 9071.

ALSO excepting any land in the bed of the

Railroad.”

(Pls.’ Ex. 67a).

“Beginning at a point marked by a State

Highway monument at the intersection of the

Easterly side of Joes Hill Road and the

Northerly side of State Highway #1455 (U.S.

Route #6) thence running from said point of

beginning as thus established and along the

Easterly side of said Joes Hill Road and part

of the distance along the road face of a stone

wall the following courses and distances, to

wit: North 0 degrees 09 minutes 20 seconds

West 36.65 feet to a point marked by a State

Highway monument; North 20 degrees 59

minutes 10 seconds West 107.89 feet; North

27 degrees 17 minutes 00 seconds West 63.85

Joe's Hill Road,

46 feet; North 18 degrees 55 minutes 40 seconds Applies

LLC: 68.-2-41

West 26.18 feet; North 12 degrees 29 minutes

00 seconds West 75.31 feet; North 77 degrees

31 minutes 00 seconds East 3.00 feet and

North 9 degrees 23 minutes 20 seconds East

19.49 feet to lands of the New York, New

Haven and Hartford Railroad; Thence

running along the said lands of the New

York, New Haven and Hartford Railroad

South 83 degrees 19 minutes 50 seconds

East 304. 79 feet to a point and to other lands

of James Snidero and Ida M. Snidero, his

wife; . . .”

(Pls.’ Ex. 68a).

“ALL that certain plot, piece, or parcel of land

with the buildings and improvements thereon

erected, situate, lying and being in the Town

Gayle Johnson: of East Fishkill, County of Dutchess and State

132800-6356-01- 47 of New York, being bounded and described as Applies

391707-0000 follows: BEGINNING at the intersection of

the northeasterly side of Brooklyn Drive

with land now or formerly of the

Consolidated Rail Corp., said point being

31

North 84 degrees 32' East 990 feet +/- or

South 16 degrees East 680 +/- from the

southeasterly corner of lands now or

formerly Consolidated Rail Corp., North

42 degrees 56'00” East 286.74 feet to a

point; thence along lands now or formerly

Browne, (Liber 1396 cp 374), South 37

degrees 24'00” East 225.45 feet to a point;

thence along lands now or formerly of

Petrovicik (Liber 1611, cp 897), South 51

degrees 39'00” West 196.10 feet to a point;

thence along the northeasterly line of

Brooklyn Drive, North 62 degrees 52'00”

West 200.00 feet to the point or place of

BEGINNING.”

(Pls.’ Ex. 69a).

“BEGINNING at the southwest corner, a

point marked by a iron pipe set in the

northeasterly line of the lands of the New

York, New Haven and Hartford Railroad

and in the easterly line of South

Greenhaven Road and continuing from said

point of beginning, thence northerly along the

easterly line of South Greenhaven Road, N 16

deg. 52' 40” W 876.40 feet to a iron pipe set

marking the southwest corner of the lands of

Herman G. & Ethel M. Gotsch, . . . thence

southerly along the westerly line of the lands

of Garlando, the following seven courses and

Jenette Klein: distances S 20 deg. 31' 50” E 357.06 feet, S

132200-6757-00- 48 20 deg. 12’ 40” E 175.75 feet, S 19 deg. 57' Applies

198491-0000 50” E 195.59 feet, S 20 deg. 20’ 00” E 289.03

feet, S 18 deg. 51’ 00” E 109.71 feet, S 22

deg. 24’ 40” E 207.75 feet, and S 20 deg. 36'

20” E 152.75 feet to an iron pipe set

marking a corner in the northwesterly line

of the lands of the New York, New Haven

& Hartford Railroad, said point also

marking the southeast corner of the herein

described parcel, thence southwesterly and

westerly along the northwesterly and

northerly line of the lands of said railroad,

on a curve to the right of radius 1357.69 feet

an arc distance of 890.00 feet, thence S 4 deg.

30' 50” W 25.50 feet, thence northwesterly

32

along the northeasterly line of the lands of

said railroad on a curve to the right of radius

1383.19 feet an arc distance of 700.00 feet,

thence still along the northeasterly line of

the lands of said railroad, N 56 deg. 48' 20”

W 1226.96' to the point or place of beginning,

containing 82.648 acres of land.”

(Pls.’ Ex. 70a).

“BEGINNING at a point on the Northerly

exterior line of the New York, New Haven

and Hartford Railroad Co. at its intersection

with the Easterly line of Helin Road and

running along the line of said road North 43°

56' West 130.01 feet; thence along the,

Southerly line of Flagler Road on a curve

convex to the West having a radius of 27.30

The Kosilla Family

feet and a length northerly 51.17 feet and

Irrevocable Trust: Rebutted, does

49 thence North 63° 28' East 260.95 feet; thence

132800-6357-04- not apply

leaving said road and running along lands of

724202-0000

now or formerly K. Helin South 26° 32' East

155.74 feet to the line of said railroad;

thence along the exterior line of said

railroad South 62° 35' 40” West 248.16 feet

to the point of beginning containing one

acre of land be the same more or less.”

(Pls.’ Ex. 71a).

“Town of Pawling, County of Dutchess and

State of New York, known and designated

as Lot No. 10 on map entitled “Subdivision

Plat of Willow Lake Estates, situate in the

Town of Pawling, Dutchess County, New

York” surveyed and prepared by Badey &

Watson, L.S., dated January 26, 1977 and

Beth & Bruce filed in the Office of the Clerk of the

Kraemer: 134089- County of Dutchess on June 30, 1977 as

50 Applies

6856-00-426641- Map No, 5183, said lot being bounded and

0000 described according to said map as follows:

BEGINNING at a point on the westerly side

of Maria Drive where the same is intersected

by the dividing line between Lot Nos. 9 and

10 on said map; THENCE: along the last said

dividing line South 46° 00' 00” West 285.72

feet to lands now or formerly of the New

York, New Haven and Hartford Railroad.

33

THENCE along the last said lands North

18° 30' 30” West 287.57 feet to the dividing

line between Lot Nos. 10 and 11 on said map;

THENCE along the last said dividing line

North 68° 00’ 00” East 247.40 feet to the

westerly side of Maria Drive; and THENCE

along the same South 22° 00' 00” East 180.00

feet to the point and place of BEGINNING.”

(Pls.’ Ex. 72a).

“BEGINNING at the intersection of the

Southeasterly line of Fishkill Ave with the

Southwesterly line of lands of Shaw, and

running thence with the Southeasterly line of

Fishkill Avenue South-westerly one hundred

thirty five (135) feet more or less to the

intersection of the Southeasterly line of

Fishkill Ave with the Northeasterly line of

the New York, New Haven, and Hartford

Railroad Company, thence with said

Railroad Company line Southeasterly

thirty nine (39) feet more or less to a point

Lank's Automotive, fifty (50) feet distance North-westerly

Rebutted, does

Inc.: 130200-6055- 51 measured radially from the centerline of

not apply

80-407023-0000 the New York, New Haven, and Hartford

Railroad; thence with the Northwesterly

line of the New York, New Haven, and

Hartford Railroad Company on a curve to

the left parallel with the centerline of said

Railroad and fifty (50) feet distant

therefrom Northeasterly one hundred forty

five (145) feet more or less to the line of lands

of Shaw; thence with the line of lands of

Shaw Northwesterly seventy one (71) feet

more or less to the place of beginning.”

(Pls.’ Ex. 73a).

“BEGINNING at a point on the southerly line

of N.Y.S. Route 82, said point being the

intersection of the southerly line of N.Y.S.

Lara, LLC: Route 82 with the easterly line of lands now

132800-6357-04- 52a or formerly Farfaro (L. 1427 P. 605); thence Applies

830320-0000 along the easterly line of N.Y.S. Route 82,

North 65-09-28 East 200.00 feet and North

63-25-21 East 72.15 feet to a point; thence

along Parcel 1 as shown on said filed Map No.

34

9175, South 45-43-42 East 561.43 feet to a

point; thence along lands now or formerly

Consolidated Rail Corporation, South 59-

50-28 West 226.12 feet to a point; thence

along lands now or formerly Farfaro (L. 1427

P. 605), North 49-18-05 West 596.88 feet to

the point or place of beginning. Containing

3.10 acres of land more or less.”

(Pls.’ Ex. 74a).

“BEGINNING at a point on the southerly line

of N. Y. S. Route 82, said point being the

intersection of the southerly line of N.Y.S.

Route 82 with the easterly line of Parcel 2 as

shown on said filed Map No. 9175; thence

along the southerly line of N.Y.S. Route 82,

North 63-25-21 East 65.34 feet and North 57-

17-05 East 64.95 feet to a point; thence along

lands nor or formerly Chianese and

Lara, LLC:

D'Angelico (L. 1393 P. 157), South 45-43-42

132800-6357-04- 52b Applies

East 560.20 feet to a point; thence along

844345-0000

lands now or formerly Consolidated Rail

Corporation, South 59-50-28 West 129.76

feet to a point; thence along Parcel 2 as

shown on said filed Map No. 9175, North 45-

43-42 West 561.43 feet to the point or place

of beginning. Containing 1.60 acres of land,

more or less.”

(Pls.’ Ex. 74d).

“BEGINNING at the intersection of the

southeasterly line of the New Haven

Railroad with the southwesterly line of

Fishkill Creek at a point bearing North 42

deg. 56' East 850.7 feet from the westerly

corner of lands of Nikkola (858 Deeds 322)

Kathrym Lazar & running thence along Fishkill Creek Road

Robert Schwartz: South 83 deg. East 37 feet and North 42 deg.

53 Applies

132800-6356-01- 56' East 281.7 feet to lands now or formerly of

428772-0000 Rhodes; thence along said lands now or

formerly of Rhodes South 35 deg. 53' East

275.3 feet to the northerly corner of lands now

or formerly of Berghollc: thence South 71

deg. 52' West 200 feet: thence South 72 deg.

14' West 258.1 feet to lands now or formerly

of Warren running thence along said lands

35

now or formerly of said Warren, North 34

deg. 14' West 73.82 feet to the railroad;

running thence along said railroad North

42 deg. 56' East 133.64 feet to the point or

place of beginning.”

(Pls.’ Ex. 75a).

“BEGINNING at an iron rod found which is

located North 82°12' 10” West 279.85 feet

and North 44°06'50” East 245.73 feet from

the easterly corner of the premises above

described; Thence from said point of

beginning as thus established, along

northerly bounds of lands now or formerly

of Midtown Trackage Ventures LLC. as

described in Book 1277 of Deeds at Page

115 (formerly New York, New Haven and

Hartford Railroad) North 82° 12' 10” West

286.50 feet crossing the East Branch of

Croton River to lands of the City of New

York; Thence along the lands of the City of

New York, North 36°09'00” East 62.63 feet,

North 37°05'50” East 92.98 feet, North

40°27'00” East 133.63 feet, North ·40°24'30”

East 112.60 feet, North 51°18'40” East 169.88

Lia Brewster feet, North 66°19'00” East 41.63 feet and

Realty, LLC 67.8- 54a South 34°45'40” East 234.09 feet to lands Applies

1-41 now or formerly of R&R Development Corp.

as described in Book 871 of Deeds at Page 95

(formerly O'Hare); Thence along the lands

now or formerly of R&R Development Corp.

as described in Book 871 of Deeds at Page 95

(formerly O'Hare), South 44°06'50” West,

392.26 feel to the point of beginning.

TOGETHER WITH an easement over the

dirt drive leading from Parcel One to

Parcel Two and crossing the lands of lands

now or formerly of Midtown Trackage

Ventures LLC. as described in Book 1277 of

Deeds at Page 115 (formerly New York, New

Haven and Hartford Railroad), the centerline

of said easement being described as follows:

BEGINNING at a point on the northerly line

of Parcel One which point is on a course

North 82°12'10” West, 301.97 feet from the

northwesterly side of State Highway No. 5098

36

(Route No. 6 and Route No.22); Thence along

the centerline of said right-of-way, North

27°00'46” East, 130.64 feet and No11h 37°24'

19” East, 85.84 feet to a point on the southerly

line of Parcel Two, which easement is ten feet

in width on either side of the aforesaid

centerline of the said right-of way. The

aforesaid easement is for purposes of ingress

and egress to and from Parcel Two herein

before described.”

(Pls.’ Ex. 76a).

“ALL THAT CERTAIN PLOT, PIECE, OR

PARCEL OF LAND, situate in the Village of

Brewster, Town of Southeast, County of

Putnam and State of New York, being

bounded and described as follows:

BEGINNING at a point on the northwesterly

side of Route No. 6 and Route No. 22, also

known as State Highway No. 5098, where the

same is intersected by the northeasterly line of

lands now or formerly of Ledley as described

in Book 918 of Deeds at Page 29 (formerly

O'Hare); . . . Thence along the lands of the

City of New York, North 44°07' 10” East,

54.80 feet to lands now or formerly of

Midtown Trackage Ventures LLC. as

described in Book 1277 of Deeds at Page

Lia Brewster

115 (formerly New York, New Haven and

Realty, LLC: 54b Applies

Hartford Railroad); Thence along the lands

67.36-2-6

now or formerly of Midtown Trackage

Ventures LLC as described in Book 1277 of

Deeds at Page 115 (formerly New York,

New Haven and Hartford Railroad) and

crossing the East Branch of the Croton River,

South 82°12'10” East 527.36 feet to the

northwesterly side of Route No.6 and Route

No. 22; Thence along the northwesterly side

of Route No.6 and Route No. 22, South

60°14'58” West, 353.02 feet to the point of

beginning. Said parcel of land also being Lot

Nos. 1 and 2 as shown on a filed map

entitled “Subdivision Plat of lands of

Demarsico Pontiac, Inc.”, filed in the

Putnam County Clerk's office December 5,

1980 as Filed Map No. 1783.”

37

(Pls.’ Ex. 76a).

“Beginning at a point on the Easterly side of

Allview Avenue where the same is

intersected by the Southerly line of lands

now or formerly of Metro North and the

Lia Brewster Northerly line of the parcel herein

Realty, LLC: 68.5- 54c described, thence from said point of

1-2 beginning along the Southerly line of lands

now or formerly Metro North and the

Northerly line of the parcel herein

described S 82-42-50-E 687.98 to a point on

a curve to the right, thence continuing

along the Southerly line of lands now or

Rebutted, does

formerly Metro North and the Northerly

not apply

line of the parcel herein described along

said curve to the right having a radius of

1096 78, a central angle of 3-43-39 and

54d Lia Brewster length of 71 35 to a point in the Westerly line

Realty, LLC: 68.-1- 54d of lands of the People of the State of New

4 York, AK/A Interstate Route 84, thence along

the Westerly line of lands of the People of the

State of New York, AK/A Interstate Route 84,

. . . Containing with said bounds 13 903 Acres

more or less.”

(Pls.’ Ex. 76g).

“ALL that certain plot, piece or parcel of land

situate, lying and being in the Town of East

Fishkill, County of Dutchess, and State of

New York being known and designated as

Lomala Land

Lot 5-3 on a certain map entitled,

Development

“Subdivision Plat, Section 4 and Section 5,

Corp.: 132800- 55 Applies

Prepared for Lomala Land Dev. Corp.”

6356-01-418813-

dated 10/22/1981 and filed in the Dutchess

0000

County Clerk's Office on 10/30/1981 as

Map No. 6240.”

(Pls.’ Ex. 77a).

“BEGINNING at a point, on the southerly line

of NYS Route 52, said point being the

Lori Joseph

intersection of the southerly line of N.Y.S.

Builders, Inc.: Rebutted, does

56 Route 52 with the easterly line of land now or

133089-6055-15- not apply

formerly Simmons, (Liber 2020 cp 298); . . .

649282-0000

thence along the lends now or formerly Leake,

South 27-02-33 East 69.79 feet, South 01-00-

38

35 East 34.62 feet, South 16-32-59 East 26.05

feet and South 18-00-56 East 103.27 feet to a

point; thence along the northerly line of the

lands now or formerly Consolidated Rail

Corp., on a curve to the left having a radius

of 1004.67 feet, a distance westerly of 207.99

feet, and along a curve to the left having a

radius of 1034.14 feet, a distance westerly of

83.93 feet, thence along the lands now or

formerly Simmons, (Liber 2020 cp 298),

North 31-00-15 West 41.31 feet and North 28-

05-30 West 77.53 feet to the point or place of

BEGINNING.”

(Pls.’ Ex. 78a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the Town of

Pawling, County of Dutchess and State of

New York, known and designated as Lot

No. 1 on a map entitled, “Subdivision Plat

Prepared for Mark & Susan Tanner situate

in Town of Pawling, County of Dutchess,

State of New York, dated December 4,

1986, revised May 5, 1987” which map was

filed in the Dutchess County Clerk's Office

on August 14, 1987, as Map No. 8081 being

Andrew & Carly more particularly bounded and described as

Lynch-McGuire: follows: BEGINNING at a point on the

57 Applies

134089-6855-04- easterly side of Herd and Tanner Road where

797401-0000 the division line between Lot Nos. 1 and 2 on

the aforementioned map intersect said easterly

side of Herd and Tanner Road; RUNNING

THENCE along said division line south 73

degrees 36 minutes 40 seconds east, 468.38

feet; THENCE southerly along a curve to

the left having a radius of 2,160.81 feet and

an arc length of 362.55 feet; THENCE north

83 degrees 15 minutes 35 seconds west,

155.17 feet; . . . .”

(Pls.’ Ex. 79a).

“BEGINNING at a point on the southeasterly

John Madera &

side of Baldwin Road where the same is

Susan Madera Rebutted, does

58 intersected by the division line between lots

Irrevocable Trust: not apply

numbers 17 and 18 as shown on the

13.-2-53

aforementioned map; Thence running along

39

said division line South 63° 56' 00” East

661.76 feet to the westerly boundary line of

land now or formerly of New York, New

Haven & Hartford RR; Thence running

along the land of said Railroad South 06°

13' 10” West 320.00 feet to the centerline of

a stone wall and the northerly boundary

line of land now or formerly of Alberti;

Thence running partially along the centerline

of said stone wall and along said land of

Alberti the following courses and distances: . .

.”

(Pls.’ Ex. 80a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of East Fishkill, County of Dutchess and State

Emanuele of New York being known and designated

Marinaro: 132800- as Lot No. 4 as shown on map entitled

60 Applies

6557-03-312108- “Subdivision Plan for LaPrima

0000 Subdivision” filed in the Dutchess County

Clerk's Office on 3/24/03 as Map No.

11522.”

(Pls.’ Ex. 81a).

“ALL that certain plot, piece, or parcel of land

situate, lying and being in the Town of East

Fishkill, County of Dutchess and State of New

York, being bounded and described as

follows: BEGINNING at a point on the

northerly exterior line of the New York,

New Haven and Hartford Railroad Co. and

distant North 62 degrees 35’ 40” East 248.16

Frank Matteo & feet from its intersection with the easterly line

Rosa Carrasco: of Helin Road and running thence along lands Rebutted, does

61

132800-6357-04- nor or formerly K. Helin North 26 degrees 32’ not apply

746222-0000 West 155.74 feet to the southerly line of

Flagler Road; thence along the line of said

road North 63 degrees 28’ East 283.00 feet;

thence leaving said road and running along

other lands of said K. Helin South 26 degrees

32’ East 151.43 feet to the northerly exterior

line of said railroad; thence along the line

of said railroad South 62 degrees 35’ 40”

West 283.03 feet to the point of beginning.”

40

(Pls.’ Ex. 82a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of East Fishkill, County of Dutchess and State

of New York, bounded and described as

follows: BEGINNING at a point on the

southeasterly line of the Conrail

Michael &

Corporation, said point being at the

Michelle

intersection of the southeasterly side of said Rebutted, does

McAllister: 62

Conrail Corporation with the northeasterly not apply

132800-6357-04-

line of Helin Road, running thence along

818177-0000

the southeasterly line of said railroad North

62° 35' 40” East 748.68 feet to lands

formerly of Husted; THENCE South 27° 24'

20” East along said lands of Husted 151 feet

to the center line of Fishkill Creek; . . .”

(Pls.’ Ex. 83a).

“ALL that certain plot, piece or parcel of land

situate, lying and being in the Town of East

Fishkill, County of Dutchess and State of New

York, being designated as Lot No. 23 on a

certain map entitled, “Johnson Estates,

Section 1”, made by Richard G. Barger, PE

& LS, dated 4/18/1991, last revised

3/26/1992, and filed in the Office of the

Dutchess County Clerk on 5/1/1992 as Filed

Map No. 9470, being bounded and described

as follows: BEGINNING at a point on the

Lawrence & southwesterly line of Woodcrest Drive, said

Christyanne Miano: point being the intersection of the Rebutted, does

63

132800-6557-03- southwesterly line of said Woodcrest Drive not apply

257180-0000 with the northwesterly line of lands of Lot No.

24 as shown on a certain map entitled

“Johnson Estates, Section 1” and recorded in

the Dutchess County Clerk's Office as Map

No. 9470 and running thence along the

northwesterly line of lands of said Lot No 24,

South 36 degrees 50' 00” West 352.42 feet to

a point on the northeasterly line of lands of

said Conrail Corp. thence leaving said line

and running along the northeasterly line of

lands of said Conrail Corp. 170.55 feet on a

curve to the right having a radius of

41

2815.43 feet to a point; thence leaving said

line and running along the southeasterly line

of lands of Lot No. 22, as shown on said Map

No. 9470, North 25 degrees 40' 00” East

333.81 feet to a point on the southwesterly

line of aforesaid Woodcrest Drive; . . . .”

(Pls.’ Ex. 84a).

“ALL that certain plot, piece or parcel of land

situate, lying and being in the Town of

Pawling, County of Dutchess and State of

New York, bounded and described as follows:

BEGINNING at a point on the northerly

side of Route 292, State Highway 1163,

where the same is intersected by the

easterly line of New York New Haven &

Hartford Railroad; RUNNING thence

Gregory & Darlene

along said lands on a curve to the right

Morrison: 134089-

64 having a radius of 1383.19 feet, an arc Applies

6856-00-452462-

distance of 132.95 feet to the southerly side

0000

of Old Route 292. RUNNING thence easterly

along the same on a curve to the right having

a radius of 180 feet an arc distance of 152.30

feet, South 36° East 139.90 feet and on a

curve to the right having a radius of 180.00

feet an arc distance of 94.51 feet to Route

292; . . . .”

(Pls.’ Ex. 85a).

“BEGINNING at a point on the Westerly line

of New York State Route 292, said point

being an iron pin set in the Southeasterly

corner of Lot No. 1 as shown on Filed Map

No. 8727; . . . THENCE South 09° 17’ 00”

West 186.00 feet to an iron pin set in the

Northerly line of Parcel C as shown on Filed

Douglas Mort: Map No. 5440; THENCE along same North

Rebutted, does

134089-6856-00- 65 87° 58’ 50” West 556.67 feet to an iron pipe

not apply

616172-0000 found on the Easterly line of lands now or

formerly of Consolidated Rail Corporation;

THENCE on a curve to the left radius of

5779.15 feet central angle of 3-32-29 length

of 357.20 feet to a point; THENCE North 10°

10’ 25” West 197.23 feet to a point on the

Southerly line of Parcel 1 as shown on Filed

Map No. 6533; THENCE following the mean

42

centerline of a stonewall along said Parcel 1

North 84 ° 24’ 40” East 70.11 feet; . . .”

(Pls.’ Ex. 86a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of Pawling, County of Dutchess and State of

New York, known and designated as Lot No.

9 on map entitled, “Subdivision Plot of

Willow Lake Estates, situate in the Town of

Pawling, Dutchess County, New York”,

surveyed and prepared by Badey &

Watson, L.S. dated January 26, 1977 and

filed in the office of the Clerk of the County

of Dutchess on June 30, 1977 as Map No.

5183 more particularly bounded and described

according to said map as follows:

BEGINNING at a point at the southerly curve

Danny & Kimvalrie of a cul-de-sac of Maria Drive where the same

Neal: 134089- is intersected by the division lines of lots 9

66 Applies

6856-00-444593- and 46 on said map; . . . THENCE still along

0000 lands of Weider South 59 degrees 27 minutes

30 seconds West 220.79 feet; THENCE

along a curve to the right having a radius

of 1686.78 and along lands now or formerly

of New York, New Haven & Hartford

Railroad a length of 529.63 feet; THENCE

North 18 degrees 30 minutes 30 seconds

West and still along lands of New York,

New Haven and Hartford Railroad a

distance of 265.52 feet; THENCE North 46

degrees 00 minutes 00 seconds East along the

division line between lots 9 and 10 on said

map a distance of 285.72 feet to the West side

of Maria Drive; . . .”

(Pls.’ Ex. 87a).

“BEGINNING at a point along the southerly

line of Woodcrest Drive and said point being

the intersection of the southerly line of

Philip Oliva:

Woodcrest Drive with the northeasterly corner Rebutted, does

132800-6557-03- 67

of Lot No. 24 as shown on a certain map not apply

309178-0000

entitled “Johnson Estates, Section 1” and filed

in the Dutchess County Clerk's Office as Filed

Map No. 9470; thence in an easterly direction

43

along the southerly line of Woodcrest Drive

on a curve to the left with a radius of 325.00

feet and a length of 123.63 feet to the

northwesterly corner of Lot No. 26 of the

aforesaid flied map; thence in a southerly

direction along the westerly line of Lot No.

26, South 10 deg 34' 14” East 418.81 feet to a

point along the northerly line of the lands

of now or formerly Conrail Corporation;

thence in a westerly direction along the

northerly line of Conrail Corporation on a

curve to the right with a radius of 2815.43

feet and a length of 278.00 feet to the

southeasterly corner of the aforesaid Lot

No. 24; thence in a northerly direction along

the easterly line of Lot No. 24, North 11 deg

13' 32” East 334.85 feet to the point of

beginning. BEING KNOWN and designated

as Lot No. 25 on n certain map entitled

“Johnson Estates, Section I” prepared by

Richard G. Barger, P.E. and L.S. filed in

the Dutchess County Clerk's Office on May

1, 1992 as Filed Map No. 9470.”

(Pls.’ Ex. 88a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the Town of

Patterson, County of Putnam, State of New

York, shown and designated as Lot No. 14

on a certain map entitled, “Map One,

Mooney Hill Estates, situate in the Town of

David Otero: 13.-2-

68 Patterson, Putnam County, New York”, Applies

49

made by Emest Martin, Wappinger Falls,

New York, which said map was filed in the

·Putnam County Clerk's Office on March

22, 1961 as Map No. 908.”

(Pls.’ Ex. 89a).

“ALL that certain plot, piece or parcel of land,

situate in the Town of Southeast, County of

Putnam and State of New York, and described

Partners

as follows: On the south: by the taking line

Management, LLC: 69 Applies

of the Penn-Central Railroad; On the north:

68.5-2-24

by the road line of Old Route 6, now known

as Argonne Road, being a strip of land about

800 feet long.”

44

(Pls.’ Ex. 90a).

“Parcel II All that certain plot, piece or parcel

of land, situate, lying and being tile Town of

Beekman, County of Dutchess and State of

New York being known and designated as lot

Number 3 on a certain map entitled,

“Subdivision Plat prepared for Sandford”

dated September 4, 2003 and last revised

November 25, 2003 made by Harry J. Bly,

Licensed Land Surveyor and filed in the

Dutchess County Clerk's Office on April 22,

2004 as Map Number 11679, being more

particularly bounded and described herein as

follows. Parcel II BEGINNING at a point

Donato Pozzuto: said being the intersection formed by the

132200-6757-00- 70a division line between lot 3 on the aforesaid

500533-0000 map with the lands now or formerly of

Metro North Commuter Railroad

Company, as shown in Liber 2015 page

333; said point also being the northerly corner

of Lot 3 on the aforesaid map, Running thence

along the division line between the easterly

side of Lot 3 and the westerly side of the lands Rebutted, does

now or formerly of Frog Hollow, LLC, the not apply

following seven (7) courses and distances. . . .

Running thence along the division line of Lot

3 on the aforesaid Map and the lands now or

formerly of Lydia R. Doyle and continuing

along the division line of Lot 3 on the

aforesaid Map and the lands now or formerly

of Condon P. Bennett, as shown in deed

document number 2000-9635, North

57°36'19” West a distance of 1,145.26 feet to

the lands now or formerly of Metro North

Commuter Railroad Company, as shown in

Liber 1956 Page 339, Running thence along

Donato Pozzuto the division line between Lot 3 on the

132200-6757-00- 70b aforesaid Map and the lands now or

563722-0000 formerly of Metro North Commuter

Railroad Company the following courses

and distances; 1. North 46°32'16” East a

distance of 194.41 feet, 2. South 43°27'44”

East a distance of 50.00 feet, 3. North

46°32'16” East a distance of 1945.00 feet, 4.

North 43°27'44' West a distance of 50.00 feet,

45

5. North 46°32'16” East a distance of 85.28

feet, 6. Northerly on a curve to the right

having a radius of 5,680.15 feet a distance of

501.47 feet, 7. North 51°35'46” East a

distance of 691.38 feet to the point or place of

BEGINNING.”

(Pls.’ Ex. 91a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being the Town of

Beekman, County of Dutchess and State of

New Yark being known and designated as

Lot Number 2 on a certain map entitled,

“Subdivision Plat prepared for Sandford”

dated September 4, 2003 and last revised

November 25, 2003 made by Harry J. Bly,

Licensed Land Surveyor and filed in the

Dutchess County Clerk's Office on April

22, 2004 as Map Number 11679, being more

particularly bounded and described as

follows: Parcel I Beginning at a point on the

westerly side of Frog Hollow Road, where

same is intersected by the division line

between Lot 2 and Lot l on the aforesaid Map.

. . . Running thence South 18° 57' 15” West a

Donato & distance, if 224.02 feet to a point, Running

Carmelina Pozzuto: thence South 51° 35' 46” West a distance of Rebutted, does

71

132200-6757-00- 359.00 feet to the division line between Lot not apply

445645-0000 2 on the aforesaid Map and the lands now

or formerly of Metro North Commuter

Railroad Company, as shown in Liber 1956

page 339, Running thence along said

division line between Lot 2 on the aforesaid

Map and the lands now or formerly of

Metro North Commuter Railroad

Company the following six (6) courses and

distances, 1. South 51° 35' 46” West a

distance of 123.89 feet, 2. Southerly on a

curve to the left with a radius of 5829.15 feet

a distance of 514.62 feet, 3. South 46° 32' 16”

West a distance of 50.28 feet, 4. South 43° 27'

44” East a distance of 50.00 feet, 5. South 46°

32' 16” West a distance of 1983.50 feet, 6.

Southerly on a curve to the right with a radius

of 1383.19 feet a distance of 217.58 feet, to

the division line between Lot 2 on the

46

aforesaid Map and the lands now or formerly

of Walter S. Klein and Jenette B. Klein, as

shown In Liber 1221 page 515, . . .”

(Pls.’ Ex. 92a).

“Beginning at a point at the end of a stone

wall, said point being the assumed westerly

line of New York State Route 292, said point

also being the northerly line of lands now or

formerly of Holmes Methodist Church, Liber

1005 page 364, recorded in the office of the

Dutchess County Clerk; Thence following the

northerly line of the Holmes Methodist

Church partially along a stone wall, South 83°

50' 00” West 392.65 feet to the intersection

of a wire fence and the easterly line of lands

John Read: now or formerly of Penn Central Railroad

134089-6855-02- 72 Company; Thence along said lands and the Applies

812527-0000 remains of a wire fence North 06° 45' 00”

West 433.00 feet to the southwesterly

corner of lands now or formerly of Yerks,

Liber 1349 page 380, recorded in the office of

the Dutchess County Clerk; Thence following

the southerly line of lands now or formerly of

Yerks, North 50° 10' 00” East 115.00 feet,

South 83° 15' 00 East 71.28 feet North 44° 00'

00” East 25.78 feet to a point in the assumed

westerly line of Route 292; . . .”

(Pls.’ Ex. 93a).

“BEGINNING at a point on the northerly line

of Washington Avenue said point being the

intersection of the northerly line of

Washington Avenue with the westerly lines of

lands now or formerly Texaco; thence along

the northerly line of Washington Avenue,

Levi Harold South 86 degrees 45 minutes 00 seconds West

Reavey, Sr.: 83.00 feet to a point; thence along lands now

73 Applies

133089-6055-16- or formerly of Pendleton (Liber 635 cp 505),

783251-0000 North 10 degrees 05 minutes 00 seconds West

156.75 feet to a point; thence along lands

now or formerly Consolidated Rail Corp.

on a curve to the right having a radius of

1104.70 for a distance of 154.96 feet to a

point; thence along the westerly line of lands

now or formerly Texaco, South 12 degrees 40

47

minutes 00 seconds West 187.00 feet to the

point beginning.”

(Pls.’ Ex. 94a).

“BEGINNING at point or the westerly side of

NYS Route 292 at the southeast corner of the

lands of Frank Healey formerly the lands of

Claude McArthur and Isabelle B McArthur,

his wife, running from said point of beginning

North 84° 25' 42” West 465 feet to a point;

running thence, North 73' 57' 18” West

485.66 feet to a point along the right of way

of the New York, New Haven and Hartford

Railroad; running thence, South 2° 13’ 40”

West 23.75 feet to a point; thence running

John & Christine South 1° 30’ 40” West 301.76 feet to a 1 1/2

Reda: 134089- inch iron pipe and the southeasterly corner

74 Applies

6856-00-656115- of the lands described herein and the

0000 northerly boundary line of the lands now or

formerly of Higgs; running thence along the

lands now or formerly of the Higgs, South 87°

02’ 10” East 909.14 feet to a point on the

westerly side of NYS Route 292; thence

running along NYS Route 292 North 3° 38'

40” West 154.80 feet to a point and thence,

North 4° 19' 20” West 38.71 feet along the

remains of a fence to the point or place of

beginning.”

(Pls.’ Ex. 95a).

“ALL that certain tract or parcel of land

situate in the Town of Pawling, County of

Dutchess and State of New York, bounded

and described as follows: . . . THENCE

along the Easterly line of lands now or

Catherine &

formerly Consolidated Rail Corporation

Michael Roberts: Rebutted, does

75 North 16 degrees 33' 00” West 525.02 feet

134089-6855-02- not apply

to a point; THENCE along the Southerly and

727762-0000

Westerly lines of lands now or formerly

Pierce (Liber 1223 cp 113), the following two

courses: . . . .”

(Pls.’ Ex. 96a).

“BEGINNING at a point on the east side of

David & Judith Rebutted, does

76 the town highway leading from Holmes to

Rochman: 134089- not apply

Whaley Lake, said point being on the

48

6855-00-617782- northwest corner of the Abel B. Cole

000 property, . . . THENCE northerly in company

with said highway about 1300 ft. to the

southwest corner point of the property now

owned by Jack Lake, THENCE easterly in

company with the said Lake property to a

point in the west side of the N. Y. N. H. &

Hartford Railroad line, THENCE

southerly in company with said railroad to

the northeast corner point of tile said Abel

Cole property, THENCE westerly in

company with said Cole property to the point

or place of BEGINNING.”

(Pls.’ Ex. 97a).

“All that certain plot, piece, or parcel of land ,

with the buildings and improvements there

erected, situate, lying, and being in the Town

of East Fishkill, in the County of Dutchess

Cindy & Louis

and State of New York, known as Lot No.

Russo: 132800-

77 19, as shown on a Map entitled Applies

6357-04-948366-

“Shadowbrook Estates, Subdivision Plat

0000

for Herbert Stencer”, and filed in Dutchess

County Clerk's Office as Map # 5055,”

(Pls.’ Ex. 98a).

“ALL that certain plot piece or parcel of land,

situate, lying and being in the Town of East

Fishkill, County of Dutchess, and State of

New York, known and designated as Lot

No. 5, as shown on a Map entitled,

“Subdivision Plan for Walton Realty, Inc.”,

filed in the Dutchess County Clerk's Office

on September 21, 1999 and filed Map No.

Daniel & Shana 10874, bounded and described as follows:

Sciarabba: 132800- BEGINNING at a point on the northerly side

78 Applies

6557-03-344139- of the cul-de-sac of Falcon Crest Court, where

0000 the same is intersected by the division line

between Lot Nos. 4 and 5 as shown on the

above mentioned Map; RUNNING THENCE

along the last mentioned division line, North

40 degrees 50 minutes 13 seconds West

472.10 feet to a point; THENCE along the

northerly line of the premises herein

described and lands now or formerly of

Con Rail Corp., South 72 degrees 14

49

minutes 00 seconds East 112.06 feet South

76 degrees 13 minutes 00 seconds East

223.37 feet to the division line between Lot

Nos. 5 and 6 as shown on the above

mentioned Map; THENCE along the last

mentioned division line, South 09 degrees 31

minutes 38 seconds East 225.00 feet to the

northerly line of the cul-de-sac of Falcon

Crest Court; . . . .”

(Pls.’ Ex. 99a).

“All that certain plot, piece, or parcel of land ,

with the buildings and improvements there

erected, situate, lying, and being in the Town

of Patterson, County of Putnam and State of

New York, known and designated as Lot

No. 43 on a certain map entitled, “Final

Scotton Living

79 Subdivision Plat O'Hara Subdivision Applies

Trust: 13.-2-88

Section II, Town of Patterson, Putnam Co.,

N.Y.” dated April 27, 1990 and filed in the

Office of the County Clerk of Putnam on

September 25, 1992 as Map No. 2360-B.”

(Pls.’ Ex. 100a).

“ALL that certain plot, piece, or parcel of

land, with the building and improvements

thereon erected, situate, lying and being in the

Town of East Fishkill, County of Dutchess,

and State of New York, being in addition to

the parcel being known and designated as

Lot Number 2 as shown on a certain map

entitled, “Subdivision for McAliney”, dated

12/08/1981 and filed in the Dutchess

County Clerk's Office on 03-15-1982 as

Rena Shiwdin:

Filed Map No. 6336, being bounded and

132800-6557-03- 80 Applies

more particularly described as follows:

167150-0000

Beginning at a point on the northerly Right of

Way (R.O.W.) line of Prentiss Drive, said

point also being the southeasterly comer of

Lot 1 as shown on said map, and the True

Point of Beginning: THENCE leaving said

R.O.W. line and running along the division

line between the lands now or formerly of

Anthony J. Cannizzaro as described in Liber

22008 at Page 2224 of Deeds, aka Lot 1 as

shown on said map and the parcel herein

50

described the following two (2) courses and

distances: . . . THENCE leaving said division

line and running along the division line

between the lands now or formerly of

Metro-North Commuter Railroad

Company as described in Liber 22009 at

Page 1705 of Deeds and the parcel herein

described the following five (5) courses and

distances: 4) S 52° 48' 44” E a distance of

367.10 feet to a point; 5) S 54° 44' 44” E a

distance of 162.10 feet to a point; 6) S 57° 56'

44” E a distance of 104.20 feet to a point; 7) S

60' 58' 42” E a distance of 253.00 feet to a

point; 8) S 62' 08' 42” E a distance of 109.21

feet to a point on the westerly Right of Way

(R.O.W.) line of Carpenter Road; THENCE

leaving said division line and running along

said R.O.W. line the following course and

distance along a non-tangent curve turning to

the left with an arc length of 86.07 feet, a

radius of 200.21 feet, a chord bearing of S 08°

34' 18” W, and a chord length of 85.41 feet, to

a point; . . . .”

(Pls.’ Ex. 101a).

“ALL that certain plot, piece or parcel of land,

with the buildings and improvements thereon

erected, situate, lying and being in the Town

of East Fishkill. County of Dutchess and State

of New York, known and designated as Lot

#2 on a certain map entitled “Subdivision

Plat of Lands of Antonietta Zago” made by

Charles J Miller, Jr., LS., dated February

15th, 1974 and recorded in the Dutchess

Patricia

County Clerk's Office on April 16th, 1974,

Slesarchick:

81 as Map #4369. BEGINNING at a point on the Applies

132800-6357-04-

southerly line of N.Y.S. Route 82 said point

866357-0000

being the intersection of the southerly line of

N.Y.S Route 82 with the easterly line of lands

now or formerly Zago & D'Rngelico (L. 604

P. 363); . . . thence along lands now or

formerly Doughty, South 57-25-00 East

364.98 feet to a point; thence along lands

now or formerly Consolidated Rail

Corporation, South 59-50-28 West 410.13

feet to a point; thence along lands now or

51

formerly Zago & D'Angelico (L. 604 P. 363),

North 45-43-42 West 560.20 feet to the point

or place of beginning.”

(Pls.’ Ex. 102a).

“ALL that certain plot, piece or parcel of land,

situate, lying and being in the Town of East

Fishkill, County of Dutchess and State of New

York, bounded and described as follows:

BEGINNING on the southeast line of the

New Haven Railroad and on the easterly

bank of Sprout Creek opposite the

northeasterly corner of lands or Forsblom

Sarah & Peter

(858 Deeds, page 252), and RUNNING

Sobek: 132800- Rebutted, does

82 THENCE northeasterly along the railroad

6356-01-347640- not apply

to a stake 422.00 feet, more or less

0000

measured to a straight line from the

beginning point; THENCE along the

westerly line of Bronx Drive, South 19

degrees 31' East 96.93 feet and continuing on

the same course, 233.47 feet to a stone wall; .

. .”

(Pls.’ Ex. 103a).

“BEGINNING at a point on the northerly side

of Old Route 6 at a Big Tree Stump distant

500 ft. more or less, westerly of Old Joe's Hill

Road as described as a Big Tree in a certain

deed from Mildred C. Nere to Donald P.

Mossman, Jr. dated October 20, 1952 as

recorded in the Putnam County Clerk's Office

November 7, 1952 in Liber 418 of Deeds page

532; . . . THENCE along westerly side of Joe's

Hill Road and the easterly face of a stone wall

Tara Holdings, North 28 degrees 40 minutes 10 seconds East

83 Applies

LLC: 68.-2-20 12.30 feet North 7 degrees 34 minutes 50

seconds West 38.58 feet North 18 degrees 26

minutes 20 seconds West 46.70 feet, North 9

degrees 02 minutes 20 seconds West 35.66

feet and North 13 degrees 18 minutes 40

seconds East 27.80 feet to the end of a stone

wall, continuing still along westerly side of

Joe's Hill Road North 1 degree 04 minutes 20

seconds East 41.10 feet to lands now or

formerly of Central New England-Railway

Co., THENCE along said land North 87

52

degrees 57 minutes 30 seconds west 446.29

feet to a point and lands now or formerly of

D.P. Mossman Inc. said point being 1110.81

feet South 89 degrees 18 minutes 10 seconds

East from a stone monument in the northwest

comer of lands of D.P. Mossman Inc. and the

northeast comer of lands of the City of New

York; . . . .”

(Pls.’ Ex. 104a).

“ALL that certain plot, piece or parcel of land

situate, lying, and being in the Town of East

Fishkill, County of Dutchess and State of New

York, being known and designated as Lot

26 on a certain map entitled, “Lake Vistas

Section 3”, which said map was filed in the

Office of the Clerk of the County of

Dutchess on June 23, 1983 as Map No 8424,

which said lot is more particularly bounded

and described as follows BEGINNING at a

point on the turning circle at the end of Darci

Drive, intersects the division line between

Kevin Thacke & Lots 27 and 26 on said map, . . . THENCE

Sandra Genaro: running along the southerly line of lands now Rebutted, does

84

132800-6457-04- or formerly said Underhill Estate, North 66 not apply

931330-0000 degrees 39 minutes 00 seconds East 532.64

feet to a point on the southwesterly line of

lands of N Y N H and H Railroad,

THENCE running along the southwesterly

line of lands of said N Y N H and H

Railroad, South 38 degrees 51 minutes 20

seconds East 285.00 feet to a point,

THENCE running along division line between

Lots 27 and 26 as shown on said map, South

66 degrees 54 minutes 10 seconds West

843.67 feet to the point of BEGINNING.”

(Pls.’ Ex. 105a).

“Beginning at a point in the Southerly line of

Kipp Avenue at the Northeasterly corner of

Ugolini Family other lands of parties of the second part hereto

Trust: 133089- and running thence with said other lands of

85 Applies

6155-11-567655- parties of the second part hereto the following

0000 courses and distances South four degrees,

thirty four minutes East one hundred twenty

five feet; . . . thence South fifty seven degrees

53

twenty four minutes West five hundred twenty

six and forty one hundredths feet; thence

South twenty degrees nineteen minutes West

three hundred eighty four and eight tenths feet

to lands of the New York New Haven and

Hartford R.R. Co.; thence with said

Railroad Company lands North sixty four

degrees twenty one minutes East one

thousand six hundred eighty three feet

thence with other lands of Ketcham North

twelve degrees sixteen minutes West one

hundred forty six and three tenths feet to the

Southerly line of Kipp Avenue aforesaid and

thence with the said Southerly line of Kipp

Avenue South eighty eight degrees thirty four

minutes West eighty five feet to the place of

beginning.”

(Pls.’ Ex. 106a).

“ALL THAT CERTAIN PLOT, PIECE OR

PARCEL OF LAND, WITH THE

BUILDINGS AND IMPROVEMENTS

THEREON ERECTED, SITUATE, LYING

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