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HomeMy WebLinkAboutTR-212TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES Pursuant to the provisions of Chapter 615 of the Laws of 1893 of the State of New York and Chapter 404 of the Laws of 1952 of the State of New York and in accordance with the resolution of the Board of Trustees of the Town of Southold adopted at a meeting o.f said Board on December 31, 1962 , .............................................................. and in consideration of the sum of $...{...~....,.~..., lawful money of the United States, paid by ~arold & Ernest Wilsberg residing at ..... . .~..a...~..~..~ .~..~...c..].%¢....~...~..I..; ............. .................................................... , New York, the said Board of Trustees of the Town of Southold, Suffolk County, New York, hereby authorizes and permits said.. Harold & Ernest Wilsber~ dredge a canal extending westerly from the westerly chan~el in Goose Creek, all in accordance with the application submitted The said Harold & Ernest Wilsberg ...................................................................... , as part of the consideration for the issuance of this permit does hereby release the said Board of Trustees and the Town of Southold from any and all damages, claims for damages or suitsthat may arise or occur directly or indirectly as a result of any operation carried on under and pursuant to this permit, and will at his own expense, defend any ,and all suits which may be brought by third parties as a result of any operation carried on pursuant to or in accordance with the terms of this permit, and .assume full liability with respect thereto to the complete exclusion of said Board of Trustees and the Town of Southoldo THIS PERMIT is subject to the following terms and conditions: That there shall be no unreasonable interference with navigation as a~ result of the work herein authorized. 2. That there shall be no interference with the right of the public to pass and repass along that portion of the beach between Iow ,a'nd high water mark. 3. That the work shall be subject to the supervision and approval of the said Board of Trustees or its agents. IN WITNESS WHEREOF, the said Board of Trustees of the Town of Southold has caused its corporaCe seal. to be hereunto affixed and these presents to be subscribed by a majority of the said Board of Trustees, the day and year above written. seal ' ~'~z~'- .........S.) STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) THIS....~ ...... day of....~ ..... .~..ck...¥.~..~C~..c.~{..., 19~.., before me ON personally ap~ared ~ons ~an, Frank D~son, John aJJ personally known to me, who, being by me duly sworn, severally said that Chey each resided in the Town of Southold, County of Suffolk, State of New York, and were members of Che 8osrd of Trustees of said Town of Southold and constituted a majority of ~he same; that Chey knew the corporate seaJ of said Town of Southold; that the seal affixed to the foregoing instrument was such corporate seal; that it was so affixed thereun¢o by order of the Board of Trustees of said Town of Southold and that each one signed his name thereto ss .a Trustee and by like order. ~ / ~ , ..... .... "~-~ 7 /~ ~ No(~ry Public ~ ...... ~ ~~ ~ ~0t~ry PubJic, State 0f New Y0r~ /]~~ ~- ~~ .... ~ No. 52-0344983, Suffolk Cou~ty~ ~ ~ ~ ~ ~ ~. Comm;ss~o~ [xpires March 30, This memorandum of agreement m~de and entersd into Harold Wilsberg as first parties, and Wo McAslan, Go A. ~oster, M. l~rederickson and Evelyn S. Swiskey, as second parties, WITNES8ETH WHEREAS, first parties are the owners of a tract of land consisting of an area of 33 2 acres, more or less, in the own of Sou hold, and WHEREAS, first parties land on its southerly boundary borders to the center line of a ditch known as West 0reek, and WEER]XAS, said second parties are owners of lands whose northerly boundaries are the center line of said ditch known as West Creek, and WHEREAS, all the parties hereto deem it adventageous t :that a canal be dredged in said West. Creek between the lands of the first parties and the lands of the second parties, NOW, TH~RE2ORE, in consideration of the mutual benefit to the parties hereto, and in consideration of their mutual Promises, it is hereby agreed: i! i. ~irst parties, their heirs, administrators,. executors or assigns, without compensation to second parties, Shall have a perpetual right of way to the actual extent dug Over the lands of second parties for a maximum distance in a Southerly direction of ~0 feet from the center line of said ditch known as -West 0reek, for the purpose of-digging, main- raining, cleaning, and operating a ditch or canal to flow water %herein for use on said land,~~d in the usual and practical manner! and all rights necessary inci~ental ~o the full enJo~en~ of this ri~h~ of way. it is understood and a~reed %hat upon the completion of the dredging operatiuas, the easement or right of way heretofore granted unto the first parties shall cease and terminate as to any portion of the lands of second parties which shall not have been dug to a maximum of ~0 feet in a southerly direction from the center line of the said ditch known as West Creek. 2. ~irst parties hereby agree to furnish the dredge, required liability insurance coverage, and the neoessa~ fuel and help, and all necessary equipment to dredge to a maximum distance of 40 feet an open ditch or canal in a souther2 direction from the center line of said Wes~ Creek between the ~lands of first parties and the lands of second parties, without cost or expense to the second parties. ~he first parties agree t~at said ditch or canal shall be dug or dredged in a workman like manner so that upon its completion, the southerly and northerly boundaries of said ditch or canal shall be parallel shall run in a reasonably straight line along the lands of first parties and second parties. ~. ~he second parties agree that any earth or dirt removed from their lands in the process of digging out said ditch or canal by first parties shall belong to the firs~ parties and shall be used by the first parties for the purpose of first filling in the lands of first parties as they deem fi~ and secondly, for any other purposes of first parZies, except that in no event shall said fill be deposited on the lands of second parties. ~. The second parties hereby expressly waive any and all claims for liability on the part of the firs~ par%les - 2 - A page Z-s is attached hereto and h~eby made a pa?t hereof. This page amabered 2-a ia added to a~d hereby ~p.art. of a~ee~ent between E~aeet Wllsberg and Harold Wllsberg ~x~st parties amd Walter NeAmlan, et al aa aeeond ps-tiaa. ~. The seeond parties a~ee that the work eonte~lated herein shall be started and emapleted du~ing the calender year ~f the wo~k ia not started nor oOa~leted within enid year the eases~nt ~anted herein shall eeaae and terminate, leavi~ the parties each without obligation to the other Just aa if t~la a ~ent had never been smde. 6. Before the start of the d~edsln~ contemplated herein the first parties agree to have a licensed surveyor stake the whieh the earth ia to be re~oved. The line established by the su~veyor~ stakes shall stork the extent of the diuin~ en the land of the parties of the aeeond part. 7. The first parties hereby agree that onee the work has been ~nitiated that it will eontinue without interruption u~til eo~pleted, barring nets of God. ffirst p~ties. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the/~day of~, 1962, before me ~ersonally came Ernest Wilsberg, a~d Harold Wilsberg, to me known to be individuals described in and who executed the foregoing instrm- ment and acknowledged that they exe~ ~~~/CH~RD i. CRON ~P~b~e iu ~e S~te~ N. Y. STATE O~ NEW YO~ LEFFERTS PAINE EDSON NOTAP. Y PUBLIC, Stot~ of New Yo*'~ No. 52-10TT6~$- Suffo~ County On the ~--~ day of ~, 1962 before me personally ca~e~. ~cAslan, G:. ~ ~o.~e~, M~'~erick,on ~d Evel~ ,= ~. S~skey~ to me ~o~ ~o be the individuals describe~ ~ ~ who executed the foregoi~ insolent ~ aC~owle~ged ~ 'hey executed ~he '~'' ~~ -- ~ -- FORi~I NO. ! TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved .':... ~~-/<z~... Z.~.~q..-~ F ........ Permit INo ......... ~. ~ .............. ........... ..... ....................................................... ... ~__e~...-~.~/~.c~r-~... ~~-~.~.~ ........... chairman, Board of Trustees ..... 'APP.L.!CATION FoR PERMIT INSTRUCTIONS A. This application to be completely filled in by typewriter or in ink and submitted to the Town Trustees in dup- licate. ,Bi Plot plan showing location of lot and buildings on premises, relation to adjoining premises, public streets, parks, etc., and giving detailed description of proposed layout of project must be drawn on diagram which is part · Of this application. C. The work covered by this application may not be commenced before the issuance of a permit. D. Upon approval of this application, Town Trustees will issue a permit to applicant. Such permit shall be kept on the premises and available for inspection at all times. E. Applicant shall notify the Board of Trustees upon completion of the work covered by permit. APPLICATION IS HEREBY MADE to the Board of Trustees of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the laws, Ordinances and regulations governing construction of: docks, piers, bulkheads, jettys and dredging in, under, and over the waters of Town of Southold. The applicant agrees to comply with all applicable la~vs, ordinances, regulations and conditions specified by said trustees, and to hold the Town of Southotd, and all Town officials free from liability and damages of any kind. Name of owner of premises ........ Ez*.Fae. sL..~zl~..T~z.'©3~4..x¢7i.2sZo.~W.g ...................................... Street Address of Property ...... .~jv±e-~.r. ~_os.d ~, .So:4Lh. oZ4 ............................................. Home address If Other Than Location Creek, Bay or Harbor Fronting l~roperty .... .]¥.%~ ~... Q!~.~ D.]~n~.~LQ ©~ ~..~v .................................... Permit Requested To: ...... DR~.~g~. Size o{ Proposed Vgork: Length...~.~:~. ......... Vg{dth .He{ghth Above High ~vVater .... 2 ......... Depth Below Low ~?ater ..... Lh ......... Average Rise In Tide .... ~ ........ Yards to Be Excavated., ~.~.w ~. .... Width of Canal, Creek or Bay Fronting Property ....... ~.0.0 .... '...'i...Depth at Low Tide ~...~ ................ Ts This For Private or Business Use? .... ~J~:c.~,.e. .................... Area Zoning .. ?.~.e.~;~.¢.e~A~.¥~ ....... Complete plot plan to be drawn on reverse side of this application. ......... b g du y sw n poses and says~ he~,t~e applicant for the above de- scribed permit, and that all stat~nents contained herein are true to the best of-l~.s~'knowledge and belief; that the work will be done in the manner set forth in the application and as approved by the Board of Trustees of the Town of Southold, and the applicant agrees to hold the Town of Southold and said/%rustees harmless and free from any and all damages and claims arising under or by virtue of said permit.