HomeMy WebLinkAboutF I Bike Path RECEIVE®
em
OCT 3 0 2020
Southold `Gown Clerk
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: October 29, 2020
Subject: Grant of Easement Agreement with US Navy
FI Bike Path
With respect to the above-referenced matter, I am enclosing the original
Agreement.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting
DEPARTMENT OF THE HAV'
NAVAL FACILITIES ENGINEERING COMMAND,MID-ATLANTIC
9324 VIRGINIA AVENUE
. NORFOLK,VA 23511-3095
EO-10471
AM15/GS
20 October, 2020
Mr. William M. Duffy
Town Attorney
Town of Southold
54375 Main Road,P.O. Box 1179
Southold,New York 11971-0959
Mr. William M. Duffy:
Enclosed is the fully executed Contract N40085-20-RP-00014,which authorizes
approximately .28 acres of land at the NUWC Fisher Island, for the Town of Southold to
construct, operate and maintain a recreational path.
Please contact Gregory Stoeger via email at Gregor ger c@nm.mil 757-341-0242 if you
have any questions.
Sincerely,
c�� 4, .
JOHN S. CORRELL
Real Estate Contracting Officer
By direction of the Commanding Officer
Enclosure: Contract N40085-20-RP-00014
All correspondence pertaining to this
Easement must include reference to:
FILE NO: EO-10471
INSTRUMENT NO:N40085-20-RP-00114
Prepared by Department of the Navy
Naval Facilities Engineering Command,
NAVFAC MIDLANT
9324 Virginia Avenue
Norfolk,VA 23511-3095
Grant of Easement
THIS INDENTURE,made this 20 day of _2,.20,between the UNITED
STATES OF AMERICA, the grantor,hereinafter called the GOVERNMENT,
represented by the Commanding Officer,Naval Facilities Engineering Command,
NAVFAC MIDLANT, acting by and through the Secretary of the Navy, and Town of
Southold,NY ,hereinafter called the GRANTEE.
WHEREAS the GOVERNMENT owns that certain real property identified as
NUWC Fishers Island located in Fishers Island, Suffolk County, New York,
hereinafter called the Installation, and
WHEREAS, the GRANTEE has requested an easement for the construction,
installation, operation,maintenance,repair, and replacement of a RECREATIONAL
PATH , which will be used by the GRANTEE on, in, through,under, upon, across and
over that portion of the Installation hereinafter described; and
WHEREAS,the Secretary of the Navy has found that the granting of such an
easement on the terms and conditions hereinafter stated is not incompatible with the
public interest;
NOW THEREFORE, this INDENTURE witnesseth that,pursuant to the authority
of 10 U.S.C. § 2668,hereby grants to the GRANTEE and its successors and assigns, for a
period of fifty(50) years from the date hereof), an easement for the construction,
installation, operation,maintenance,repair, and replacement of a RECREATIONAL
PATH , such easement being on, in, though, under,upon, across and over that portion of
the Installation hereinafter called the PREMISES, containing approximately .28 acres,
more or less, and more specifically described in Exhibit"A", attached hereto and made a
part hereof.
THIS EASEMENT is granted subject to Exhibit"B" (attached hereto and made a
part hereof) to the following terms and conditions,which GRANTEE,by its acceptance
hereof, specifically agrees to and consents to be bound by:
1. CONSIDERATION. In consideration for this Easement,the GRANTEE shall:
a. pay the GOVERNMENT the sum of$315.00 (THREE HUNDRED AND FIFTEEN
DOLLARS), the receipt of which is hereby acknowledged; and/or
a
a
FILE NO: EO-10471
CONTRACT NO:N40085-20-RP-00114
v��,nn kind vrrscaccucrozricrrthe fozncr0 work 9r-sen*ioes. The ..,-L or services
will be identified by the Installation and agreed upon by GRA-NTEE. The work or
ser-viees will bevalued at The eest of the work shall not inc4ude ad iiaist-rative
.bufed by the GP.O�TEE,whieh ill by the GRANTEE. T
GiA.INT-EE may obtain the work or-senriees tbrough eentFaets-.
2. ACCESS BY GRANTEE. The GOVERNMENT grants to the GRANTEE the right to
use the PREMISES, together with the necessary rights of ingress and egress authorized by
the Installation Commanding Officer. The GRANTEE and its invitees and contractors
agree to absorb all costs, including time and expenses, associated with gaining access to the
Installation under the RAPIDGATE or similar program. Any parking that accompanies the
use of, and any routes of access to and from, the PREMISES are subject to change at the
sole discretion of the Installation Commanding Officer.
3. USE BY GOVERNMENT. The GOVERNMENT may use the PREMISES of this
Easement for any purpose that does not unreasonably interfere with the use and enjoyment
by the GRANTEE of the rights granted by this Easement.
4. SUBJECT TO EXISTING AND FUTURE EASEMENTS. This Easement is granted
subject to all other existing easements, if any, of public record, and to such utility lines,
roadways, or other improvements as may now be located on, over, or under the
PREMISES. This Easement is subject to all existing easements, all other outstanding
rights,recorded and unrecorded, and to all such utility lines,roadways, or other
improvements as may be located on, in,under, across,through and over the PREMISES,
and to the right of the GOVERNMENT to grant such additional easements and rights of
-way on, in,under, across, through and over the PREMISES as it shall determine to be in
the public interest,provided that such additional easements and rights of way will not-
unreasonably interfere with the GRANTEE's use of the PREMISES in accordance with
this Easement.
5. APPROVAL OF PLANS. All work performed by the GRANTEE, its agents, or
contractors in connection with the construction,installation, operation,maintenance, repair,
and replacement of the RECREATIONAL PATH shall be done without cost or expense ,
to the GOVERNMENT and in accordance with plans previously approved by the Real
Estate Contracting Officer, Naval Facilities Engineering Command, or his/her designated
local representative.
6. RESTORATION. Upon completion of any work performed in or upon the PREMISES,
GRANTEE, at its own expense, shall remove all equipment and unused or surplus
materials,if any, and shall restore the PREMISES to the same, or as good a condition as
existed prior to the initiation of such work, and in a manner satisfactory to the
GOVERNMENT as determined by the Real Estate Contracting Officer,Naval Facilities
Engineering Command, Mid-Atlantic, or his/her designated local representative.
7. PROTECTION AND MAINTENANCE OF PREMISES. The GRANTEE, at its own
cost and expense, shall maintain the PREMISES and the RECREATIONAL PATH in
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FILE NO: EO-10471
CONTRACT NO:N40085-20-RP-00114
good condition at all times and shall promptly make all repairs that may be necessary for
the preservation of the condition of the PREMISES and the continued operation and
maintenance of the RECREATIONAL PATH
8. DAMAGE TO THE PREMISES. GRANTEE, at its expense, shall repair or restore any
damage to GOVERNMENT property that may occur during the construction, operation,
maintenance,repair and replacement of the RECREATIONAL PATH in a manner
satisfactory to the GOVERNMENT as determined by the Real Estate Contracting
Officer,Naval Facilities Engineering Command, Mid-Atlantic or his/her
designated local representative. GRANTEE,its employees, authorized agents and
contractors shall reimburse the GOVERNMENT for any and all actual costs, direct and
indirect,incurred by the GOVERNMENT as a result of any damage to the PREMISES
caused by their individual or collective actions.
9. APPLICABLE RULES AND REGULATIONS. The GRANTEE's rights hereunder shall
be subject to such reasonable rules and regulations as may be prescribed by the
GOVERNMENT to assure that the exercise of those rights will not unreasonably interfere
with the GOVERNMENT's activities at the Installation. The GRANTEE shall adhere to
all GOVERNMENT imposed security rules and regulations in the exercise of such rights.
10. INDEMNIFICATION. GRANTEE shall indemnify and defend the GOVERNMENT
against, and hold the GOVERNMENT harmless from, any costs, expenses, liabilities, fines,
suits, actions, damages, liability and cause of action arising or growing out of, or in any
way connected with, the occupation or use of the PREMISES by the GRANTEE and its
employees, agents, servants, guests, and invitees. However, this liability shall not extend to
matters caused by the GOVERNMENT's negligent or willful acts. This provision shall
survive the expiration or termination of this Easement and GRANTEE's obligations
hereunder shall apply whenever the GOVERNMENT incurs costs or liabilities for the
GRANTEE's actions.
11. GRANTEE'S RESPONSIBILITY. The GOVERNMENT shall not be responsible for
damages to property or injuries to persons that may arise from, or be incident to, the use
and occupation of the PREMISES by the GRANTEE, or for damages to the property or
injuries to the persons of the GOVERNMENT's officers, agents, servants, or employees, or
others who may be on the PREMISES at their invitation or the invitation of any one of
them arising from or incident to governmental activities except as permitted under the
Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680.
12. ROADrn�n.T12rr S i r�OVERPIA4 � n'TTION The nn« 1 a
ni rr
r-eseFves the right to make whatever-eemeetions between the Rea Ine—r-ein.awalther-ized an
other-r-eads en the installation that the GOVERNMEWT may eonsider-neeessar-y. It also
r-esefves to itself easemepAs for-all pufpeses on, > >
provided,the PREMISES; >
giat sueh r-eseFved easements shall be used in-amanner that will not wh-,easenably inteifere with the use and enj e)qBeat by the GRANTEE
of the easement rights granted her-ei-A-.
V
r
ROAD SUUAGE AND DESIGN. The road er-essing suffaee and design sha4l be den
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FILE NO: EO-10471
CONTRACT NO: N40085-20-RP-00114
14. ENVIRONMENTAL PROVISIONS.
a. GRANTEE shall comply with all applicable environmental laws, ordinances,rules,
and regulations and all other Federal, state, and local laws, ordinances, regulations, and
standards that are or may become applicable to GRANTEE's activities'on the PREMISES.
b. GRANTEE shall be, at its sole cost and expense, solely responsible for obtaining any
environmental permits required for its activities on the PREMISES.
c. GOVERNMENT's rights under this Easement specifically include the right for its
representatives to inspect the PREMISES upon reasonable notice for compliance with
environmental, safety, and occupational health laws and regulations, whether or not the
GOVERNMENT is responsible for enforcing them. The inspections shall be made without
prejudice to the right of duly constituted enforcement officials to make them. The
GRANTEE shall have no claim on account of any entries against the United States or any
of its officers, agents, employees, contractors, or subcontractors.
d. Storage,treatment, or disposal of toxic hazardous materials on the PREMISES is
prohibited except as authorized by the GOVERNMENT in accordance with 10 U.S.C. §
2692.
e. The GRANTEE will not use Installation accumulation points for hazardous and other
wastes or permit its hazardous wastes to be commingled with hazardous waste of the
GOVERNMENT.
f. The GRANTEE shall be solely responsible for the release, or substantial threat of a
release, into the environment of any hazardous substance,pollutant or contaminant as the
result of any activity under this Easement, and any preceding easements, licenses, or rights-
of-way. Any reporting, containment,removal, or other remedial action relating to a release
or threat of release required by law or regulation shall also be the responsibility of the
GRANTEE.
g. The GRANTEE agrees to comply with the provisions of any health or safety plan in
effect under the Installation Restoration Plan(IRP) or the Resource Conservation Recovery
Act(RCRA) Corrective Action Program during the course of any of the above described
response or remedial actions. Any inspection, survey, investigation, or other response or
remedial action will be, to the extent practicable, coordinated with representatives
designated by the GOVERNMENT. The GRANTEE shall have no claim on account of any
entries against the United States or its officers, agents, employees, contractors, or
subcontractors. In addition, GRANTEE shall comply with all applicable Federal, state and
local occupational safety and health regulations.
h. GRANTEE shall, to the extent permitted under applicable law, indemnify and hold
harmless GOVERNMENT from, and defend GOVERNMENT against, any damages,
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CONTRACT NO: N40085-20-RP-00114
costs, expenses, liabilities, fines, suits, actions, or penalties resulting from releases,
discharges, emissions, spills, storage, treatment, disposal, or other acts or omissions by
GRANTEE,its officers, employees, agents, contractors, licensees, or the invitees of any of
them, giving rise to GOVERNMENT liability, civil or criminal, or responsibility under
federal, state or local environmental laws. This Paragraph shall survive the expiration or
termination of this Easement, and the GRANTEE's obligations under this Paragraph shall
apply whenever the GOVERNMENT incurs costs or liabilities for GRANTEE'S actions.
However, this liability shall not extend to matters caused by the GOVERNMENT's
negligent or willful acts.
i. The GRANTEE shall strictly comply with the hazardous waste permit, storage,
handling, and disposal requirements under the Solid Waste Disposal Act or its
New York State equivalent. The GRANTEE must provide at its own expense any
hazardous waste storage facilities, complying with all laws and regulations that it may need
for storage. Installation hazardous waste storage facilities will not be available to the
GRANTEE.
j. GRANTEE shall manage the natural and cultural resources on the PREMISES in a
manner that is consistent with the philosophies and supportive of the objectives of the
Installation's Integrated Natural Resource Management Plan and Integrated Cultural
Resource Management Plan. GRANTEE shall identify any activity that may affect
Federally regulated resources (listed species, wetlands, waters of the United States, etc.)
and provide information and mitigation that may be required to support consultation with
the applicable regulatory agency.
k. GRANTEE shall, during the construction, installation, operation, maintenance,,
and repair of the RECREATIONAL PATH,upon inadvertently discovering Native
American human remains, funerary objects, sacred objects, objects of cultural patrimony,
as those terms are defined in 43.C.F.R. § 10.2(d), immediately notify by telephone the
Installation Public Works Officer at(401) 841-4293, followed by written confirmation.
The GRANTEE shall cease all activity in the area of the inadvertent discovery until
directed otherwise by the Installation. Additionally, the GRANTEE shall take all
reasonable efforts to protect any Native American human remains, funerary objects, sacred
objects, objects of cultural patrimony, so discovered consistent with 43 C.F.R. § 10.2(d).
15. ENVIRONMENTAL CONDITION OF PROPERTY.
a. An Environmental Condition of Property(ECP)has been prepared as of the start date
of this Easement to document the known environmental condition of the property. It is
attached hereto as Exhibit"C" and made a part hereof. Note that 2. of the ECP "List of
Restrictions or Land Use Controls Required for Real Estate Action must be followed. At
the termination or expiration of this Easement, another ECP shall be prepared to note the
environmental condition of the property at that time. A comparison of the two ECP
documents shall be made to determine the extent, if any, of liability on the part of the
GRANTEE.
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b. For purposes of this Easement the following terms shall have the following
meanings:
(1) "Toxic or Hazardous Materials" means all manner of substances,pollutants,
contaminants, and waste to which Applicable Environmental Laws pertain, expressly
including petroleum,petroleum products, and materials defined in 48 C.F.R. §
252.223-7006 (a)(ii) and(iii).
(2) "Contamination"means a level of Toxic or Hazardous Materials in the air,soil, or
water(surface water or ground water), that exceeds levels allowed by Applicable
Environmental Laws.
(3) "Applicable Environmental Laws"means:
(a) Federal, state, and local statutes, laws, ordinances,rules, and regulations, to
which the GOVERNMENT is made subject by Federal law or to which the
GRANTEE is made subject by Federal and state law;
(b) Executive Orders of the President of the United States;
(c) decisions of courts and administrative tribunals of competent jurisdiction;
(d) administrative orders of regulatory agencies of competent jurisdiction
(involuntary or on consent); and
(e)regulations and directives of the Department of Defense, the Department of
the Navy, and the Marine Corps (for Marine Corps installations only), which
pertain to the human environment(as defined in the National Environmental
Policy Act of 1969); transportation of hazardous,material; and human health and
safety(including occupational safety).
(4) Applicable Environmental Laws include, without limitation,the Comprehensive
Environmental Response, Compensation, and Liability Act(42 U.S.C. § 9601 et seq.),the
Hazardous Material Transportation Act(49 U.S.C. § 1801, et seq.),the Resource
Conservation and Recovery Act(42 U.S.C. § 6901, et seq.), the Federal Water Pollution
Control Act (33 U.S.C. § 1251, et seq.), the Clean Air Act (42 U.S.C. § 7401, et seq.),the
Toxic Substances Control Act(15 U.S.C. § 2601, et seq.),the Occupational Safety and
Health Act(29 U.S.C. § 651, et seq.), and 10 U.S.C. § 2692, as amended.
(5) "Release"means any discharge, spill, emission, leaking,pumping, injection,
excavation, deposit, disposal, leaching, or migration into the environment, accidental or
otherwise, or introduction into the environment by any other means or method.
(6) "Remedial Action" means: investigating or monitoring the environmental
condition of the PREMISES and clean-up, removal, response(including emergency
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CONTRACT NO: N40085-20-RP-00114
response), and restoration of the PREMISES, as per Applicable Environmental Laws, due
to the presence or suspected presence of Contamination or a Release or suspected Release
of Toxic or Hazardous Materials.
c. If during the term of this Easement the GRANTEE becomes aware that a Release of
Toxic or Hazardous Materials has occurred due to acts or omissions of the GRANTEE, its
agents, or contractors, whether or not such Release results in Contamination of the
PREMISES;the GRANTEE will give verbal notice to the GOVERNMENT within 24
hours of becoming aware of the Release, providing all relevant facts and circumstances.
The GOVERNMENT may direct the GRANTEE to make a detailed written report of these
facts and circumstances within a time certain.
d. The GRANTEE, at its sole expense, will promptly take all action necessary to
comply with Applicable Environmental Laws pertaining to a Release described in
subparagraph 15(b), including but not limited to: report the occurrence to appropriate
Federal, state, or local regulatory authorities, if so directed by the GOVERNMENT; take
timely and effective steps to minimize the Release and its impact on human health and the
environment; and take Remedial Action. The GOVERNMENT may direct the GRANTEE
to provide all information requested by the GOVERNMENT regarding such actions within
a time certain.
e. The GRANTEE will ensure that all activities conducted on the PREMISES by the
GRANTEE, its agents, or contractors are carried out in compliance with Applicable
Environmental Laws. The GRANTEE will provide verbal notice to the GOVERNMENT
within 24 hours of receiving any complaint, order, directive, claim, citation, or notice from
any governmental authority or any other person or entity alleging noncompliance with or a
violation of Applicable Environmental Laws on the PREMISES. The GRANTEE, at its
sole expense,will promptly take all necessary action directed by Federal, state, or local
regulatory authorities of competent jurisdiction to achieve or regain compliance with
Applicable Environmental Laws. The GOVERNMENT may direct the GRANTEE to make
a detailed written report, within a time certain, of the facts and circumstances underlying
the alleged noncompliance or violation. Without limitation of the foregoing,the
GOVERNMENT, in response to acts or omissions of the GRANTEE, its agents, or
contractors may, in its discretion,take Remedial Action to remedy Contamination on the
PREMISES or to achieve or regain compliance with Applicable Environmental Laws.
`f. The GOVERNMENT may at any time inspect the PREMISES or cause the
PREMISES to be inspected, to assess whether the operations of the GRANTEE, its agents,
or contractors are in compliance with Applicable Environmental Laws. To assist in this
evaluation, the GRANTEE, its agents, and contractors will provide to the
GOVERNMENT, or another entity, as the GOVERNMENT may direct, for examination
and copying, all relevant books,records, documents, and other material in their possession.
g. The GOVERNMENT,with good cause, may from time-to-time require the
GRANTEE to conduct tests and analyses to assess whether the PREMISES are in
compliance with Applicable Environmental Laws, and based on the results thereof, to so
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CONTRACT NO:N40085-20-RP-00114
certify to the GOVERNMENT. Such tests and analyses shall be conducted in a manner
satisfactory to the GOVERNMENT by recognized professionals approved by the
GOVERNMENT. If the GOVERNMENT and the GRANTEE cannot reach agreement as
to what tests and analyses shall be conducted,by whom, and when,the GOVERNMENT
may perform such tests and analyses or cause such tests and analyses to be performed.
16. FAILURE TO INSIST ON COMPLIANCE. The failure of the GOVERNMENT to
insist, in any one or more instances,upon performance of any of the terms, covenants or
conditions of this Easement shall not be construed as a waiver or relinquishment of
GOVERNMENT'S right to the future performance of any such terms, covenants or
conditions and GRANTEE's obligations for their future performance shall continue in full
force and effect.
17. FEDERAL FUNDS. This Easement does not obligate the GOVERNMENT to expend
any appropriated funds.
18. ASSIGNMENT/TRANSFER OF RIGHTS. The GRANTEE shall not transfer or
assign this Easement or any interest in it, or otherwise make any portion of, or rights in,the
PREMISES available to any party without the prior consent of the GOVERNMENT. If
any assignment is made,with or without consent,the assignee shall be deemed to have
assumed all of the obligations of the GRANTEE. However, in no event shall the
GRANTEE be relieved of any of its obligations under this Easement, except for an
extension of its term that begins after an assignment, and then only if the GOVERNMENT
shall have consented to it.
19. TERMINATION.
a. If, at any time,it is determined by the sole judgement of the GOVERNMENT that
the PREMISES, or any portion thereof,unduly interferes with any of its activities,the
GOVERNMENT shall have the right to terminate this Easement, in whole or in part, to the
extent necessary to eliminate the interference; However,unless the GOVERNMENT shall
have determined,that relocation is not feasible, it shall offer to convey to the GRANTEE,
without charge, a substitute easement permitting the GRANTEE to relocate the
RECREATIONAL PATH, or any portion thereof, on adjacent GOVERNMENT property,
which relocation shall be accomplished at the GRANTEE's cost and expense. The
substitute easement shall contain the same terms and conditions as those in this Easement,
and shall bear the same expiration date, if any.
b. All or any part of this Easement may be terminated upon failure by the GRANTEE to
comply with any of its terms and conditions;upon abandonment of the rights granted
herein; or upon non-use of those rights for a period of two consecutive years. Additionally,
the GOVERNMENT may terminate all or any part of this Easement in the interest of anti-
terrorism force protection or national security.
20. ADMINISTRATIVE COSTS AT EXPIRATION/TERMINATION OF EASEMENT.
At the termination or expiration of this Easement, at the GOVERNMENT'S discretion,
GRANTEE shall be responsible for administrative costs associated with completing a final
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inspection of the premises and updating the Environmental Condition of Property Report.
21. SURRENDER. Upon any termination or expiration of this Easement,the GRANTEE,
at its own expense and risk, shall promptly remove,to the extent requested by the sole
judgement-of the GOVERNMENT, improvements, fixtures, and equipment installed or
constructed hereunder, and shall restore the PREMISES to the same or as good a condition
as that which existed prior to the exercise by the GRANTEE of its rights hereunder. The
restoration shall be done in a manner satisfactory to the Real Estate Contracting Officer,
Naval Facilities Engineering Command, Mid-Atlantic, or his/her designated representative
and in�accordance with applicable laws and regulations. If the GRANTEE fails to remove
the property as required by the GOVERNMENT, all improvements, chattels, and other
items abandoned by the GRANTEE become GOVERNMENT property ninety(90) days
following the date of termination or expiration. If the GOVERNMENT incurs any cost to
remove the items abandoned by the GRANTEE, the GRANTEE shall reimburse the
GOVERNMENT for any and all actual costs, direct and indirect, incurred by the
GOVERNMENT.
22. STATEMENT OF COMPLIANCE. Pursuant to 10 U.S.C. § 2662(d):
a. This Easement is not subject to the requirements of this section;or,
b. --i. Eas_�is subjeet to the requirements of this seefien and said r-equir-emei#s
have been e4
23. ADDITIONS. MODIFICATIONS AND DELETIONS. Prior to the execution of this
Easement,the following additions,modifications and deletions were made:
1. (b) IN KIND CONSIDERATION was deleted.
12. ROAD CONNECTIONS /GOVERNMENT RESERVATION was deleted.
13. ROAD SURFACE AND DESIGN was deleted.
22: (b) STATEMENT OF COMPLIANCE was deleted
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I
IN WITNESS WHEREOF,the parties hereto have caused this GRANT OF EASEMENT to
be executed by their duly authorized representatives as of the day and year first written
above.
UNITED STATES OF AMERICA
By: TJAV �►.
JOHMS CORRELL
Real Estate Contracting Officer
Naval Facilities Engineering Command,
Mid-Atlantic
STATE OF Cl
CITY/COUNTY dF d r L)
The foregoing document was,acknowledged before me, thisz()day ofl7G , 20
2u?ol,,n S .COYre I 1
TINA LILAVENDER
NOTARY PUBLIC
Reg 07744216
Commonwealth Of Virginia
My Commission Expires December 31,2021
NOTARY PUBLIC
My Commission Expires 1'2- 3 2OZ 1
Registration No. "1-1 Z
I
GRANTEE
By:
j NAME �i f T
TITLE �e,��/l5 0
STATE OF
CITY/COUNTYOF 6(kktt
The foregoing document was acknowledged before me, this aE� day of
20 �O by
i
LAUREN M.STANDISH � ��
Notary Public-State of New York
Pio.01 ST6164008
Qualified in Suffolk County NOTARY PUBLIC
Commission Expires April 9,2023
My Commission Expires
Registration No.
1
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Exhibit B
The land described in Exhibit A is hereinafter collectively referred to as the PREMISES.
The PREMISES is conveyed with the following RESERVATIONS and EXCEPTIONS:
Navy (Grantor) and utility company shall retain right to access existing domestic water line
covered by existing 15 foot wide easement.
Navy (Grantor) shall reserve right to access both sides of Navy owned fence for purposes of
maintenance, repair and replacement of said fence.
Grantee(Town of Southold)shall maintain the PREMISES so as to avoid build up of vegetation. Navy
(Grantor) shall reserve right to remove vegetation allowed to grow on the PREMISES that
interferes with security clearance setback at the Grantee's expense.
Navy (Grantor) shall retain right of way to travel across the PREMISES to enter Navy owned property
via three existing entry gates.
Grantee(Town of Southold)shall maintain asphalt pavement on the PREMISES for the full width of gate,
21 feet wide more or less,at all three entry gates. Pavement shall extend from Oriental Ave to the entry
gate.
Navy(Grantor) shall retain right to increase size of gate entrances at any time in the future as dictated
by mission requirements. Navy would fund any required changes to Grantee improvements on the
Property for this situation.
Grantee(Town of Southold) shall only be allowed to use the PREMISES for construction and
maintenance of a bicycle path.
Grantee(Town of Southold)shall not be allowed to sub-letthe PREMISES to any other entity.
Grantee(Town of Southold)shall not be allowed to construct,or allow other parties to construct,any
type of electrical device on the PREMISES(such as cell tower,antenna,or other device that may emit
electromagnetic frequency waves or introduce electromagnetic interference,such as a wind turbine,or
photovoltaic panel, rectifier,etc.).
Grantee(Town of Southold)shall not remove or make any alterations to Navy owned fencing without
prior approval from the Government.
Grantee(Town of Southold) shall not make any improvements to the PREMISES that result in
stormwater runoff leading to and or accumulating on Navy owned property.
If Grantee(Town of Southold) makes improvements to the Property that result in a net decrease in'
distance from final grade of the PREMISES to the top of the existing security fence,the Grantee shall
Enclosure(2) Page 1 of 1
replace the existing security fence in kind and at a height so as to match the original grade to top of
fence distance.This work shall be at the sole expense of the Grantee.
Grantee(Town of Southold)shall provide and maintain any signage that may be required by state or
federal code.
Grantee (Town of Southold)shall not remove,or relocate,fire hydrant on the PREMISES in a manner
that degrades fire protection capabilities to Navy owned PREMISES.
1
Enclosure(2) Page 1 of 1
Environmental Condition of Property (ECP) Checklist Page 1 of
itle: Fishers Island Easement to the Town of Southold for Recreational Path
Installation:_ INaval Station Newport,Fishers Island,NY
Parcel/Site Location and The easement area runs in an easterly direction,beginning from the intersection of Montauk
Description: Avenue and Oriental Avenue. It extends south easterly along Oriental Avenue to the intersection of
Oriental Avenue and Wilderness Point Road. The easement property is bounded on the south side
by Navy property. It is bounded on the north side by the Oriental Avenue and private entities. The
proposed easement line is approximately one foot north of the existing Navy fence.
Proposed Real Estate Easement request. The requested easement runs outside of the Navy fenceline and includes the
Action Description: relocation of 24 linear feet of Navy fenceline and 20 linear feet of unreinforced retaining wall with
wood rail fence.
Site Summary Information
1. Information regarding site uses and any hazardous materials,contamination,or conditions.All available and pertinent files,
records,reports and aerial photographs were reviewed and,where necessary,a site inspection and/or personal interviews were
conducted to document the environmental conditions of the property to support the proposed real estate action.A summary of the
conditions,sources of information(including location),and any required use restrictions is provided for each environmental
condition.
A.Parcel/Site Uses:
Prior Uses: Grassy shoulder on the south side of Oriental Avenue between the road and the Navy fenceline and
Oriental Avenue.
Grassy shoulder on the south side of Oriental Avenue between the road and the Navy fenceline and
Current Uses: Oriental Avenue.
Future Uses: lRecreational Bike Path
B.Contaminants: lUnknown
If yes,identify contaminant&media:
Source of information: historical records show IR Site 1 Fishers Island Landfill Site is near the proposed easement
Restrictions or Land Use Controls:- No
If yes,please identify and explain in detail in Section 2 below.
C.Hazardous Materials Use: No
Hazardous Materials Storage: No
Tyne of HM:
Tyne of Use and/or Storage:
Source of information: Hazardous Materials Program manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
D.Treatment,Storage,Disposal of Hazardous Waste: I No
Source of information: I Hazardous Waste Manager
Restrictions or Land Use Controls: I No
Revised March 2018 NAVFAC MID-ATLANTIC
Environmental Condition of Property (ECP) Checklist Page 2 of 5
If yes,please identify and explain in detail in Section 2 below.
E.Underground Storage Tanks: I No
UST No. Gals.
Source of information: Tank Program manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
F.Above-Ground Storage Tanks:I No
AST No. Gals.
Source of information: Tank Program manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
G.Presence of Polychlorinated Biphenyl's(PCB's): Unknown
Source of information: PCB Equipment Elimination Manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
H.Asbestos: Unknown
If yes:
Source of information: Asbestos Program Manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
I.Lead Paint: No
Source of information: Lead Paint Program Manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
J.Radon: No
Source of information: Radon Program manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
K.Radiological Materials: Unknown
Source of information: Radiological Materials Program Manager
Revised March 2018 NAVFAC MID-ATLANTIC
Environmental Condition of Property (ECP) Checklist Page 3 of 5
Restrictions or Land Use Controls: No
If yes,please identify and explain in detail in Section 2 below.
L.Solid/Bio-Hazardous Waste: No
Source of information: Solid Waste Program Manager
Restrictions or Land Use Controls: No
If yes,please identify and explain in detail in Section 2 below.
M.Munitions and Explosives of Concern: Unknown
Source of information: EOD Manager
Restrictions or Land Use Controls: No
If yes,please identify and explain in detail in Section 2 below.
N.Threatened or Endangered Species: No
Source of information: Natural Resources Program Manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
O.Natural or Cultural Resources: No
Source of information: Natural Resources Program Manager,Cultural Resources Program Manager
Restrictions or Land Use Controls: I No
If yes,please identify and explain in detail in Section 2 below.
P.Use of Adjacent Property:
Naval Base to the south of Oriental Avenue,golf course to the west of Navy base. Abutting property
Current Use: north of Oriental Avenue is residential/undeveloped land.
Past Use: I Naval Base,golf course,residential,undeveloped land.
Source of information: Site visit,historical records
Restrictions or Land Use Controls: No
If yes,please identify and explain in detail in Section 2 below.
Q.Has the site had any Notices of Violation? No
If y ,please explain:
Source of information: None on file.
Restrictions or Land Use Controls: No
If yes,please identify and explain in detail in Section 2 below.
Revised March 2018 NAVFAC MID-ATLANTIC
,
Environmental Condition of Property (ECP) Checklist Page 4 of 5
R.Additional information or comments regarding questions shown above(attach sheets ifadditional room is needed:
Site visit conducted 06 February 2020. Peeling paint on fence tested negative for lead.
IR Site 1 Fishers Island Landfill Site is near the proposed easement. In 2007 the EPA issued a No Further Remedial Action
Planned(NFRAP),but does not relieve the Navy from remediating hazardous waste contamination at Site 1 or from complying
with the State cleanup regulations should additional contamination be found. Remediation at Site 1 included removal of 7.19
tons of mercury contaminated soil and 6.04 tons of scrap steel.
Source of information: Site Visit and historical records
Restrictions or Land Use Controls: Yes
If yes,please identify and explain in detail in Section 2 below.
2.List of Restrictions or Land Use Controls(if any)required for Real Estate Action:
The ECP is not a comprehensive evaluation of the NUWC New London Laboratory,Fishers Island Annex,New York. Rather,the
ECP focuses on the area of the easement and adjacent areas.
Section R:
Due to IR Site 1 being located nearby,relocation of the east portion of the fence should be completed with caution.In support
of moving the fence line any excavated soil from digging new fence posts should be used to backfill the existing fence post
holes resulting from moving the fence line.Excess soil should be removed following all local,state,and federal laws.
Revised March 2018 NAVFAC MID-ATLANTIC
Environmental Condition of Property (ECP) Checklist Page 5 of 5
3. Signature:
Based on the records reviews, site inspections, and interviews conducted for the proposed real estate action, the
environmental conditions of the property are as stated in this document and this property is suitable for outgrant or
transfer with the inclusion of the restrictions or Land Use Controls(if any)identified above.
ECP Checklist Preparers
Erin McElaney Feb 18,2020
Print Name Date
PWD Environmental:
MCELANEY.ERIN.MARIE.10086 Digitally signed by
MCELANEY.ERINMARIE.1008615582 Environmental Protection Specialist
115582 Date:2020.03311138,13-0,V01Y
Signature Title
Erin McElaney Mar 31,2020
Print Name Date
Environmental Professional(EBL(EV3)):
Digitally signed by
COWAND.NICOLE.S.1255228869 COWAND.NICOLES.1255228869 MIDLANT Environmental Restoration Manager
Date:2020.04.0110,41:27-04'00'
Signature Title
Nicole S.Cowand Mar 31,2020
Print Name - Date
Real Estate Professional: ,
The real estate professional(s)acknowledge these restrictions or Land Use Controls(if any)identified above and will
ensure they are made apart of the outgrant document.
KURTZ.MATTHEW.D.12296348 Digitally signed by
KURV-MATTHEW.D.1229634816 MIDLANT AM-1
116 Date:2020.04.01 14.4036-04'00'
r Signature Title
[MATTHEW D.KURTZ 14/1/2020
Print Name Date
Property Owner(Activity or Region):
The property Owner(Activity or Region)acknowledges and accepts the foregoing statement of enviromnental conditions
and the restrictions or Land Use Controls(if any)that will be required for this real estate outgrant..
OHNSON.IAN.LAKE.10127574 Digitally signed by
JOHNSON IANI-ME1012757480 Commanding Officer
80
Date:2020.04.0614.45.15-MOW
Signature Title
ICAPT Ian L.Johnson 4/6/2020
Print Name Date
Revised March 2018 NAVFAC MID-ATLANTIC