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HomeMy WebLinkAboutEASEMENTSEASEMENTS 1965 - 1966 - 1966 - 1968 - 1969 1971 - 1971 - 1974 - 1977 - 1978 - Arthur J. Maillet, Jr. & Town of Southold - easement for permission to lay water main under town highway on S/S of Island View Lane, Greenport. Frank J. McBride & Town of Southold release of easements for right-of-ways at Town Dump, Middle Road, Cutchogue. Hazel S. Smith, notice of application only for easement in lands under water at Matt~tuck Creek at Mattituck. Donald E. Tuthill & Town of Southold - easement for permssion to lay water main under town highway on W/S Laurel Avenue, Southold. Jean Robinson, notice of application only for easement in lands under water at Little Peconic Bay at Cutchogue John J. & Ann L. Kelly & Town of Southold - easement for premission to install well point and pipe line under edge of Peconic Bay Blvd., Laurel. Southold Development Corp. & Town of Southold - permit to lay highway drainage pipe at North Road to Bayview, Southold. Francais P. Vermaelen & Charles Vermaelen, Executors for the Estate of Marie A. Vermaelen & Town of Southold - perpetual drainage easement under Bay Avenue Mattituck. (Minor Subdivision of Estate of Marie A. Vermaelen) Long Island Lighting Company & Town of Southold- electric easement at Marion Manor, East Marion. Village of Greenport & Town of southold - easement for permission to lay water mains under Town road - Sound Road Greenport. 1966 1969 1971 1974 EASEMENTS MAILLET, ARTHUR J. & TOWN OF SOUTHOLD - easement for permission to lay water main under town highway on s/s/ Island View Lane, Greenport. MCBRIDE, FRANK J. & TOWN OF SOUTHOLD - release of easements for right-of-ways at Town Dump, Middle Road, Cutchogue. SMITH, HAZEL S. - notice of application only for easement in lands under water at Mattituck Creek at Mattituck. TUTHILL, DONALD E. & TOWN OF SOUTHOLD - easement for permission tO lay water main under town highway on w/s Laurel Avenue, Southold. ROBINSON, JEAN, notice of application only for easement in lands under water at Little Peconic Bay .at Cutchogue. KELLY, JOHN J. & ANN L. & TOWN OF SOUTHOLD - easement for permission to install well point and pipe line under edge of Peconic Bay Blvd., Laurel. SOUTHOLD DEVELOPMENT CORP. & TOWN OF SOUTHOLD - permit to lay highway drainage pipe at North Road to Bayview, Southold. VERMAELEN, FRANCIS P. & CHARLES, EXECUTORS FOR THE ESTATE OF MARIE A. VERMAELEN 1977 1978 1979 1981 1982 1982 1986 & TOWN OF SOUTHOLD - perpetual drainage easement under Bay Avenue, Mattituck. (Minor Subdivision of Estate of Marie A. Vermaelen) LONG ISLAND LIGHTING COMPANY & TOWN OF SOUTHOLD - electric easement at Marion Manor, East Marion. VILLAGE OF GREENPORT & TOWN OF SOUTHOLD - easement for permission to lay water mains under Town road - Sound Road, Greenport. BABCOCK, RICHARD J. & RtMMLER, FREDERICK F. & TOWN OF SOUTHOLD - easement for drainage over Hill Road West, Southold. WICKHAM, JAY PARKER, DEED TO THE TOWN OF SOUTHOLD - for drainage easement, near Matituck Airport, reconstruction project, south side of New Suffolk Avenue, Mattituck. BARKER, ROBERT & TOWN OF SOUTHOLD - easement for public parking field at w/s Love Lane together with 10 ft. r.o.w, on s/s Barker's property. ~ NORTH FORK BANK & TRUST CO. & TOWN OF SOUTHOLD - easement for public parking field at s/w corner of Love Lane & Pike STreet, Matittuck, N.Y. COLLYER, SANDRDA & MICHAEL & FISHERS ISLAND SEWER DISTRICT, TOWN OF SOUTHOLD assignment of permanent right to install, operate, maintain, renew, replace, and repair a subsurface sewage dispopal system. GADA FAMILY PARTNERSHIP & FISHERS ISLAND SEWER DISTRICT, TOWN OF SOUTHOLD - assignemnt of permanent right to isntall, operate, maintain, renew, replace and repair a sanitary sewer. LONG iSLAND LIGHTING COMPANY g TOWN OF SOUTHOLD - £asement for overhead electric line to serve a new residence at Liberty Lane,SoutholdN.Y. (affordable housing site) 1986 - 1989 1989 TOWN OF SOUTHOLD to NORTH FORK HOUSING ALLIANCE- Easement for twenty (20) foot right of way to parcel at N/E corner of Liberty Lane and Colonial Road, S.C. Tax Map No. 1000-079-06-05. (This parcel has no frontage on a public road.) August 31, 1965. Southold Town BOard 16 South Street Greenport, L.I.,N.Y. ~entlemen; On December 1, 1964 the To~n Trustees wrote you with reference to the various major dredging projects in-the creeks of Sonthold TOWn, requesting that detailed plans of these pro3ects be submitted to them for consideration and approval prior to any such project being undertaken. A s/miler request was made to the Suffolk County Department of Public Works. The Town Trustees are making a second request that the plans for dredging and/or filling of Town owned lands under water be submitted in detail to the Board of Town Trustees for consid- eration and approval before any requests are made to the County of Suffolk for such work to be performed. It is the understanding of the To~n Trustees that such proposed work in tOWn waters is specifically entrusted to their j~risdiction, and that their approval is legally necessary before tha~Town Board can lawfully proceed with the proposed projects. Very truly yours, Marion A, Regent, Secretary Southold Town Trustees December 1, 1964 $outhold ToWn Board 16 South street Greenporto L.Io,N.Y~ Gentlemen; With reference to the various major dredging projects in the creeks of Southoid TOWn, the $outhold Town Trustees, having jurisdiction over these lands under water, request thst detaliedplans ot =nese projects be submitted to ~hem for consider- ation and approval prior to any such project being undertaken. A similar reques= is being made to the Suffolk County Department of Public Works. By Order of the Southold Town Trustees, ~'~arion ;~. Regent, Secret~z~z December 10 1964 Lester M. Albertson, Supez~isor 16 South Street Greenport, Lol., N.Y. Dear Mr, Albertson~ The Southold Town Trustees at their meeting on November 30, 1964, considered the request of the Mattituck Park District that they be given the opportunity to purchase at a nominal fee those lands ~wned by the Town of ~outhold Board of Town Trustees bounded as follows: East by Mattituck Park District; south by County Highway Route 27~ west by Westphalia Road and North by Mattituck Creek° The Board voted to grant this request with Mr. McNulty abstaining as he is a member of the Mattituck Park District. We respectfully request that the Town Attorney pre,are the necessary pa~ers to effect such a transfer of this property to the Mattituck Park District. By Order of the Southold Town Trustees Marion A. Regent, Secretary December 1, 1964 Mr, H. F. Bishop Commissioner of Public Works Yaphank, L.I. New York Dear Mr. Bishop2 With reference to the various proposed major dredging projects in the creeks of Southoid Town, the Southold Town Trusteesl having jurisdiction ove~~ ~he~ laz~ds-under wa=er, request that detailed plans of these projects be submitted to them f~r consider- ation and approval prior to any such project being undertaken. A similar request is being made to the Southold Town Board. By Order of the southold TOWn Trustees Marion Ao Regent, Secretary day of Kay, 1959~ ~etwe~n H~-~-~_~~~ TE 145 E. 74th St. . New ~ork, N.Y. ~ereinaf~e= calle~ the ~arty of-~ f~ p~ ~d ~ ~ ~Ork, h~rel~after calle~ the party of tha secon~ ~ WITR~$~: N-ETH~EL E. WORTIS E-ETHEL E. WORTIS S-RICHMOND CREEK W-ETHEL E. WORTIS ~ ~t~ ~to ~e ~y of the ~ ~ ~e right shore of the ~re~ises of the par2y of the f/r~t part ~t~al ~ to h~ reason~le ~ss to ~ pipel~es f~ ~e ~allation, use ~ r~ of ~e s~. ~econd p~- ~en~ u~e~ ~ein, ~1 ~ Is to ~cl~e ~ of~l~s~ agents ~ ~lo~s o~ ~e Co~ Of ~ffolk ~gag~ in ~ ~g~ ~rati~s. ~ls ~t ~all in~e to ~e ~efit of ~ ~ ~is agr~nt ~i ~e ~ ~ ~SS ~OF, ~e ~ty of ~ f~ p~t has h~e~to set his ~ ~ seal ~e ~y ~ i~ STATE OF NeW YORK COU~-~/~' OF SUFFQLK On this ~ay of May, per son.ally came 1959, before me the subsexiber known aund ]~o~a k.o m~ to be the ir~iivl~u&l ~es~r~ in ~n~ who executed the foregoing inset and to me &ckno~ledged that he executed the same. ~EEME~T THIS AGREEMENT made the ~ay of June, 1959, between hereinafter calle~ the party of the first part and the TOWN OF SOUTHOLD a municipal corporation of the State of New York, hereinafter called the party of the second part, WITNESSETH = WJ~RF2%S, the party of the first part is the owner of ell of that tract, piece or parcel of land situate, ly~a~g an~ being in the Town of Sonthold, Coonty of S%~ffolk an~ State of N~w York, briefly boun~ed an~ describe~ as fol!ows~ WHF/~EA~, the party of the secon~ part proposes to conduct dredging operations in Corey Creek in the =icinity of the above described premises, NOW, THEREFORE, IT IS AGREED, that the party of the first part gives and grants unto the party of the second part, the license, right and privilege to enter upon that ~ertion of the above describ~d premises as is shown in re~ on the map attache~ hereto an~ forming a part hereof, for the following purposes, to wit: To deposit spoil material on sa~ land together with the right to erec~t dikes, lay, maintain and remc~e pipeline~ and to enter upon said lands with such dre~ging, filling and 9fading machinery and equipment as is aecessary to It is distinctly understood that "the party of the second part" whenever used herein shall and is intende~ to include the officers, agents and employees of ~he County of Suffolk engaged in said dredging operations. This agreement shall inure to the benefit of and the binding upon the parties hereto and their heirs, executors, administrators a~ assigns. This agreement shall expire on IN WITNESS W~REOF, the party of the f/r~t part has here%into set his hand and seal the day and year first above wr itte~. L.So STATE OF ~EW YORK) SS: COUNTY OF SUF~'OLK) On this day of June, 1959, before me ~. parsona11y came i~ to me personally known and ~%own to me to be the same i i per,on described in and who executed the within instrument [! an~ acknowledged ~ to me that he executed the same. Notary Public ~itten ~ \ 0 24431 AGRE~NT nmde the 9th day of Aoril.~ 1982 be~;een ~IE~ NOR~q~ FOPg~T' B_%Ni.-~ & ~T C~P~. a N~ York B~g Co~ra~on wi~ pr~ci~l p~ce of b~s 245 ~ve ~e, ~t~tuck. N~ York 1~52 ~d ~ ~ ~ SO~O~. a ~ Po~, Southold, N~ York 11971; ~fH~, ~ ~ is acing ~om Bru~ ~ No. is, ~is~ which adjo~: ~e sou~h~ty side of pr~is~ ~ by ~ B~, l~d ~ ~e southwest ~.~--~%S. ~ B3IhVK o~s a rights of way ox~r the pr~s~ being ac~ b ~, ~ T~ ~ds ~ Lns~ a p~c ~g facili~ on ~e pr~s~ ~g acq~; ~d ~, ~ B~K is a~e~le to rel~s~g i~ rights of w~v ~ ~ge for rm~ of way ~ Sold A~ as des~ h~e~ o~ ~e pr~s~ ~g ac~. ~ N~, ~0~, ~ c~sidera~ of ~e ~t~l ~t~ ~d o~ g~ ~d ~le c~sid~a~on, ~e ~ a~ as foll~: 1) ~ Rel~e: ~ NOP~ ~ B~ & ~T ~.~ h~ rel~ ~y ~d a~ ~s~ ~d ri~ of ~y o~r s~d pr~g~s. 2) T~ Gr~t: ~ ~ OF S~O~ berry gr~ ~ ~ NO~ FOP~ ~< & ~T ~1~. i~ suc~ssors ~d assi~s. ~gh~ cf v~y for ~s ~d e~s ~ Sold A~ o~ ~ pr~ ~g a~red: a) 24' ~ ~e ~st si~ ~om ~e B~'s pro~qz A~ as d~cr~ ~ Scheme A; ~d REQ~ R.EAE SCHEDULE A ALL that cer-~ain plot, piece or parcel of land, situate, lying and bemng at ~ttiuuck, mn. the T~n of Southo!d, County of Suffolk and State of Naw~ York, being rrore ~n~rticuiarly bounded and ~_scribe8 as foll~s: BEGInninG at a point cn ~2ne norf_her!y side of Sotmd Avenue, distant f~he foLio,Ting two (2) courses and distances from ~e corner fromed t~ ~he inter- section of ~e nor~t/eriy side of Sound i~3zenue and the westerly side of Io%~ L~ne: (1) South 74° 02' 00" Wast 87.34 feet; (2) South 79° 44~ 10" %'~est 29.65 feet. _Prom said poLnt of beginning, ruran_ang the~nce along the northerly side of Sound Avenue Sout~h 79~ 44' 10" West 24.07 feet; thence Noz~h 1~° 41' 40'= l~st 183.02 feet; thence North 56~ 39' 50'~ East 2~.03 feet; thence Sou~ah 14= 41' 40" F~.st !93 feer~ ~ore or !ess~to +_he point or place of BDGLAR_~tNG. SfZUEDULEB AT,T, that cerhain plot, piece or parcel of land, situate, lying and beina at Fmttituck, in t/~e _mown of Soutinold, Comtv of Suffolk and State of ~w ~ork being more particularly bouaded and. described as fo!t~s: BEGINUNING at a point ~ the northerly side of Sound Avenue at the southeast corner of land of ~attituck Episcopal ~nurch, from said point of bec6_nninc rmnning thence North 14° 09' 30" Wes% 149.50 feet To ]snd of %he No~th Fo~k Bank & _V~rust Company; rimming ~ence aicng said land North 61° 22' 10" East 25.00 feet, nore or less; runnmng thence South 14° 09' 30" East, 150.00 fee%, more or less to the northerly side of Sold Avenue; r~nlng thence SolOn 75~ 26' 10" West 24.00 feet ~o the point or place of BEING ~D IN~DED mo describe a ri_oht of way 24 feet in width. $ ~tEDLrLE C ALL that certain plot, piece or parcel of land, situate~ lyLng and being at Mattituck, in the T~n of Southold, County of Suffolk and State of New Yorkr being note F~rticutarty bounded and described as foiiov~: BEGI~IXq2JG at a point distant the roll, lng five (5) courses and distances ~rom. a corner forraed by the intersecticm of the northerly side of Sound Avenue and the westerly side of Love Lane: 1) South 74° 03' 00" Wes% 87.34 feet; 2) South 79° 44' 10" West 100.00 feet3 3} Sou~n 75° 26' 10" West 93.96 feet; 4) North 12° 55' 50" West 135.60 feet; 5) Noz-th 32~ 00' 00'~ West 30.00 feet. ~rom said point of beginning, running ~hence alcng the divisicn line between the l~-nds of the North Fork Beak & ~rust Company ~nd the To~n of Sou~qold Sout/~ 6!~ 22' 10" East, 35.00 feet, more or less, to +~ne eastertv Line of the right of -way described in Sc~h~=dule B herein; ~g thence southerly aicng tile easterly line of said ri_~ht of way to a poLnt which is 24 feet distant from said di~isicn line, whe~n ~easured at right angle thereto; rlr~ning thence North 61° 22~ 10" ~_=nst 45 feet, more or less~ to land of the Nort2~_ Fork Bank & Trust Company; running thence Nort~h 32~ 00' 00" West 2~ feet, more or less, to tb~ point or place of BEG]I~]~G. BEZqG AND INTZI~DED to be a right of way 24 feet in widt~h. b) 2~' cn the West side frc~ t~he B~nk's proper~ to Souad Avenua as described in Schedule B~ and c) 24' cn r_he North side from tine West side e~n~n5 to ~he Bank's property, sudn easement to be exclusive no ~ B~2,~< as described in Schedule C. Se~ule D. Said easen~nts are also indicated cn the sketc_h attad~ed as ~I{~E ~It~ OF SOIYI~IOLD covea~uts thau fne aisles of the par>~ug facility ~to be constructed c~ the premises to be acquired will co_~re _s23cnd to tine ri~ts of v~y granted to ~ BJkNK. 3) ~ /--~prove_n~nts: ~ ?J~ OF SOU~iOLD covenan+~ tlnat the prop- ere3~ to be acc~]~red will be l~proved with_in one (!) year frc~ the dat~ of this agreen~nt in substantially the nmnner indicated on "Prelimina~/ Sketoh - ~-~tt- ituck Parking D~ea", prepared by Yo~g & Yo~qg, L~nd Surveyors, dated January 5~ 1982, P~v. 1, Febr~]~rl; 8, 1982 n~ size sketch, attached as Schedule D~ except that traffic shalI be one way only from the westerly easemant to Love lane. %he ir~_ro~ts sD~ll progress to afford u~interruDted and uncbst~acted access to the Bank's~drive-in facilities from Pike Street. ~ 5II~N will install a rar~ and steps from the parking area to the property of ~qE BDAUK at the northeast corner of the property to be ac~uired by ~ %IY/~. DJequate pa~%ng and ~rainage s~ha!l be installed by THE TC~N. THE YC~t~ sb~ll maintain the property wi~h i~p_rov~n~nts as a public parking facility~ during its use for such purposes. 4) Imase Agreement: 5he pa~tles are executing a lease agr~t simultaneously herewit2~. %he obligatioas of ~E ~ OF SOLK~OLD c~ntained ~2]er&in are incorporated by reference herein. ~he entire agreen~nt between the )arties is contained herein, and shall bind the t~ties, their successor~and %H~ TO~ OF SOL~LqOLD STA~ OF NA~,r~ YOP~) C~dNTY OF SUFFOLK) SS: S~_~3 OF N~Y YOP~K) COLtCSY C~ S%~FOLK) SS: C~ ~/~e ~ day of April, C~ t~e 9th day of April, 1982, before nm _~scnall_v came U~z~ A~ K~[~ ~ ~ ~ ]~, w~, ~g d~y ~o~ ~d d.~se ~d say ~nat he ~sides at No. ~ ~ ~, ~-~/~.~7,~ ~e ~ra~ d~cr~ ~ ~d wl~n exe~d ~%e f~e~Lng ~s~t; ~t he ~ ~e s~i of said ~m=~ra~ ~t ~ s~l affi~ ~ s~d ~s~n is such ~ra~ s~l; ~hat it w~ so affixed by ord~ of the b~d of ~ec~ of said ~ra~ ~nd ~t he si~ h/~ n~ ~nere~ ~ ~ke ord~. ~ n~ p~c N~ ~b~. ~ ~ ~ y~ ~n ~ M~ 30, 1~'~ 1982, before _me perscnally c~me~ · ~ me knc%m, who, being duly ~,gorn, did deDose and say tb~t he reside~ a~ No. ~ ~ /~/~/~ ~) ~~o~/./. - ~t ~ is ~e ~w~o~ of ~ ~ OF S~O~ %~e ~ra~ ~ ~ md ~nida ex~ ~e forego~g ~s~nt; ~t ~ ~s ~e s~l of ~d ~~; ~t ~e s~l ~fi~d ~ ~d ~s~t ~ such ~ra~ s~; ~at it w~ so aff~ by ord~ of ~e ~d of ~rec~rs of s~d ~ra~, ~d ~t he si~ h n~m ~n~et~ ~ore~. _ no~q~ p~!ic Term Expires ~amh 30 t983 2009 EASEF~NT AGREE~T between THE NOI~H FO~K BANK & TRL~T C0~ANY and THE ~ OF SOUTHOLD Dated: /~pril 9, 1982 Greenport, New York 11944 EASEMEN'f A(~EFMENT Z443 AGR~F~I~T, made this 7th day of April, 1982 between ROR~R~ BARKER, residing at Lupron Point, Mattituck, New York, and the TOW/q OF SOUTHOLD, a municipal corporation with office and principal place of business at the Town Clerk's Office, (no #) Main Road, Southold, New York. WHEREAS, the TOWN is acquiring pr~,~ses which adjoins the westerly side of pr~m~ses owned by BARKER located on the West side of Love Irene, together with a 10 foot right of way along the sout~rly side of BARKER's premises for pedestrian access to love Lane; and WHEREAS, BARKER clair~ a right of way along the southerly side of his pr~ses to Love Lane; and WHEREAS, the TOWN intends to install a public parking lot en the pr~ ses being acquired and a pedestrian walkway along the 10 foot right of way; and WHEREAS, BARKER is agreeable to releasing his right of way to Love Lane in exchange for a right of way over the property being, acquired by the TOWlq to Sound Avenue. NOW, THEREFORE, in consideration of ONE and 00/100 ($1.00) DOLLAR and other good and valuable consideration, the parties agree as follows: 1. The TOWN OF SOUTHOLD hereby grants to BARKER, his successors and assigns, a right of way for ingress and egress to Sound Averm~ over the premises described in Sche~de A hereto. 2. BARKER hereby releases any claim he may have to the right way along the southerly side of his premises running to the West side of Love l~na, Mattitugk, New York, as described in Schedule "B" hereto. B ALL that certain plot, piece or parcel of land, situate, lying and being at ~ttituck, in the Town of Southold, Co~n~! of Suffo]2~ and State of New York, being m~re particularly bonded and described as follows: BEGI~]~G at a point c~ the westerly side of Love Lane distant the foll~{ing two (2) courses and distances from the corner formed by the intersection of the ~ortherly side of S(xnd A~nue and the westerly si~e of Love T~ne: (I) North 17~ 57' 20'~ West 64.37 feet; ~hence (2) North 32" 00' 00" West 131.41 feet to ~e sout/~.easterly co~ner of land of Barker. ' ~,~ sa/~ point of beginning, running South 58~ 25' 00" West 70.00 feet to a n~n~T~nt; thence South 32~ 00' 00" East 10 feet; thence North 58" 25' 00" ~t 70 feet to the westerly side of Love Lane; thence North 32" 00' 00" West 10 feet tn tb~ point or 'place of BEG//qNLNG. .AT.T. that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Tc~aq of Southold, (kmxlty of Suffolk and State of N~w York, being ~cre partic~!~rly bonded and described as follc~m: B~-]/~N/NG at a point cn the northerly side of So, nd Avenue, distant the following two (2) courses and distances from the co~ner formed k~, the intersection of the northerly side of Sound Avenue and t.~m westerly side of Lo~e Lane: (1) South 74° 03' 00" .West 87. 34 feet; (2) South 79° 44' 10" West 29.65 feet. Frc~ said point of beginning, _~m~ning thence alc~g the northerly side of Sound Avenue South 79° 44' 10" West 24.07 feet; the~nce North 14" 41' 40" West 183.02 feet; t~hence North 56° 39' 50" ~=ast 25.03 feet; thence Sout~h 32° 00' 00" ~-~t 61.37 feet; thence South 58° 06; 40" West 18.81 feet; thence South 14° 41' 40" ~_ast 128.73 feet to hhe point or place of B~I~ING. 3. ~ agree~_nt shall be binding upon the parties, t~heir heirs, successors and assigns. ~ Tc~rn of Southold S~ OF ~ YO~) (X~T~ OF Sb~'~OI~) SS: the ~ ~y of ~ril, ~82, bef~e ~ ~ly ~ ~////~ ~ ~~ / , ~ ~ ~, ~o, ~gby ~ d~y ~, ~d d~ ~ say ~t he ~sid~ at No. ~ ~ ~/e~.~ ~ ~/~ ~t he ~ ~ ~z~ of ~e ~ of ~u~o~, ~e ~ra~ ~ ~ ~d w~ch ~t~ ~e foreleg ~s~t; ~t ~ ~ ~ s~l of ~id ~ra~; ~t ~e seal aff~ ~ said ~s~t is su~ ~te s~l; ~t it w~ so af~ by or~ of ~ ~d of ~rs of ~d ~a~on, ~d ~t he si~ h,m n~ ~by ~ ord,. no~ p~c N0~Y 8~8[~. State ~$ New Ye~ No. 52-~725. S,~ ~,~t~ 2010 EAS~SNT AG~:.~NT between RCB ERT BA~F, ER and ~{E TC~ OF SOUIHOLD Dated: "April 7 , 1982 PERMIT KNOW ALL MEN BY THESE PRESENTS, thai whereas ARTHUR J. MAILLET, JR., residing at 16 Fourth Street, Elmont, New York, has duly applied in writing for permission to lay and maintain a water pipe under a certain Town highway known as Island View Lane at Arshamomaque, adja- cent to property of Greer, and whereas the Town Board of the Town: of Southold has duly consented to the granting of said application0 NOW, THEREFORE, this indenture witnesseth, ii'at I-L4ROLD . PRICE, the duly elected and acting Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, does give and grant un~o the said Arthur J. Maillet, Jr., lhe permission and right to maintain a Water pipe not exceeding three (3) inches in diameter under a certain Town highway known as Island View Lane. said water pipe to be located under said Island View Lane not more than five (5) feet from the southerly line of said highway to enter said highway adjacent to a private right of way leading south to premises of the said Arthur J. Maillet, Jr., and to exiend in a gener~al westerly direction to the westerly terminus of said highway, all in accord- ance with a drawing attached hereto. The permission and right hereby granted is only upon the conditions hereinafter set forth, and the said Arthur J. Maillet, Jr.', by his acceptance of this permit, does for himself, his heirs, successors and assigns, covenant 'and agree that such conditions shall be performed and that this permit may be revoked, and the said water pipe maintained in such highway removed by the said Town Superintendent of Highways, without notice, upon the failure of performance of any such conditions, the conditions being the following, to wit: 1. The water pipe hereinbefore specified shalI be laid under ~he ground at a depth of not less than two and one-half (2-1[2) feet. The same shall be laid in a manner satisfactory to lhe Town Superintendent of ~ighways and under his direction and supervision. 2. The water pipe permitted to be laid as herein provided shall be so laid as not to interfere wilh or interrupt public travel upon the said highway, and the said Arthur J. Maillel, Jr., shall replace ali earth re- moved and resurface said highway and leave the same in all respects in as good a condition as before lhe laying of said water pipe, and the said Arthur J. Maillet, Jr., agrees to keep said water pipe in repair and maintain the traveled portion of the highway and the highway premises free from any defects which might otherwise be occasioned by the installation of such pipe. 3. The said Arthur J. Maillet, Jr., shall forever save the Town of Southold harmless from all damages and injuries which r~ay accrue by reason of the installation of said water pipe in said highway as aforesaid. 4. The said Arthur J. Maillet, Jr., upon notice by the Town Superintendent of Highways of the Town 'of Southold, shall forthwith make any repairs required for the protection or preservation of such highway which are rendered necessary by reason of the installation of said water pipe as aforesaid. 5. In the event that the said Arthur J. Maillet, Jr., shall fail lo make such repairs to said highway as herein required, the necessary re- pairs may be made without notice by the Town Superintendent of I-tighways of the Town of SouthoId, at the expense of lhe said Arthur J. Maillet, Jr., and the cost thereof shall be a lien prior to any other lien upon the land benefited by the use of the highway for the laying of the pipe as herein provided. 6. If in the judgment of the Town Superintendent of Highways, it shall be necessary to remove, relocate and/or replace said water pipe by reason of the repair, relocation or change in grade or otherwise of said highway, it is specifically understood and agreed that the said Arthur J. Maillet, Jr., at his own expense, shall remove said water pipe and appurtenances and shall replace the same in conformity with the directions of the Town Superintendent of Highways. IN WITNESS WHEREOF, the Town Superintendent of Highways of the Town of Southold has hereunlo set his hand in duplicate, this //.~ j da~ of July, 1965. Town Superintendent of Highways of the Town of Southold ARTHUR J. IVI~IILLET, JR., residing at 16 Fourth StreeT, Elmont, New York, being the applicant for the permit granted by the above i~identure, does hereby accept such permit and does hereby covenanl and agree comply with the conditions therein conlained. 1965. Dated: ~uly ~rthur .3~.~//Mailleto Jr. ~/ -3- The undersigned, being members of the Town Board of the Town of Southold, Suffolk County, New York, do hereby consent to the granting of the foregoing permit. Dated: July 1965. Su~_e, rv~sor~ ~ ~6e of the Peac~e 7 {/Justice/of the Peace / APPROVED: County Superintendent -4- r~ /V ./ 1 1 t f 1 SI~IITH, TASHER, FINHELSTIglN A-ND LUNDBEltO August 11, 1966 Hon. Albert W. Richmond Clerk of the Town of Southold Main Road Southold0 New York Re: Town of Southold with McBride Purchase of Dump Property Dear Albert: Relative to the above transaction, I enclose herewith release of easement from Frank J. McBride to the Town of Southoldo dated and acknowledged July 19, 1966, which release was recorded in the Suffolk County Clerk's Office on July 21, 1966, in Liber 5997 of Deeds at Page 343. Yours very truly, ROBERT W. TASKER RWT:JM Enclosure THIS AGREEMENT made the /~ day of July, 1966, between also known as Francis J. McBride, FRANK J. McBRIDE,/residing at Oregon Road, Cutchogue, Suffolk County, New York, party of the first part, and the TOWN OF SOUTBOLI], a municipal corporation of the State of New .York, having its principal office and place of business at 16 South Street, Greenport, in the Town of Southold, Suffolk County, New York, party of the second part: WHEREAS, the party of the first parl is the owner of premises situate approximately 900 feet north of Middle Road (County Route #27) at Cutchogue, Town of Southold, Suffolk County, New York, End WHEREAS, the party of the second part is the owner of premises adjoining the land of the party of the first part at Cutchogue, Town of Southold, Suffolk County, New York, and WHEREAS, by virtue of a certain agreement dated April, 1935, between the Town of Southold as party of the first part, and Frank McBride as party of the second part, the said Town of Southold granted to the said Frank McBride a right of way 1 rod in width running from land of the said Frank McBride southerly to the northerly line of Middle Road, and being more fully described in said agreement, said agreement being recorded in the Suffolk County Clerk's Office on June 26, at Page 474, and 1935, in Libei~lS17 of Deeds WHEREAS, by virtue of a certain deed dated June 13, 1955, and recorded in the Suffolk County Clerk's Office in Liber~3923 of Deeds at Page 335, between Frank McBride and Anna McBride as parties of the first part, and the Town of Southold as party of the second part, the said Frank McBride and Anna McBride reserved a right of way 16.5 feet wide across the premises conveyed to the party of the second part therein, said right of way being more fully described in said deed, and WHEREAS, the parties hereto are desirous of abolishing and ex- tinguishing the rights of way created in and by the two instruments above mentione d, NOW, TITEREFORE, in consideration of the sum of One Dollar ($1.00) paid by the party of the second part, receipt whereof is hereby acknowledged, the said party of the first part does hereby release, abandon and surrender unto the party of the second part, the rights of way herein- above described, to wit, the rights of way granted by deed recorded in Liber 1817 of Deeds at Page 474 and by deed recorded in Liber. 3923 of Deeds at Page 335, with the intention of terminating absolutely and forever said rights of way and all of the right, title and interest of the partylof the first parl thereto. IN WITNESS WHEREOF, the party of the first part has hereunto set his hand and seal the day and year first above written. Frank ~MdBride - STATE OF NEW YORK ) COUNTY OF SUFFOLK) ss: On this /~/ day of July, 1966, befdre me personally came FRANK J. McBRIDE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. //"~ Notary Public JUL 21 1966 f~0RMAN E. KLIPP Clerk of Suffolk Count, -2- NOTARy PU3LI¢, .~ese e~ N~ ¥~ ~uffo~ C~ No. ~2-393372~ Term Exp~e~ ~ar¢~ 30~. J96~ 0 · SMITH, TASi~]~i~, FIN~ELSTEII~7 ~ LUi~FD~B~RG August 110 1966 Hon. Albert W. Richmond Clerk of the Town of Southold MaSh Road Southold0 New York Re: Town of Southold with McBride Purchase of Dump Property Dear Albert: Relative to the above transaction, I enclose herewith release of easement from Frank J. McBride to the Town of Southold0 dated and acknowledged July 19, 1966, which release was recordedin the Suffolk County Clerk's Office on July 21, 1966, in Liber 5997 of Deeds at Page 343. Yours very truly, ROBERT W. TASKER RWT:JM Enclosure PERMIT KNOW ALL MEN BY THESE PRESENTS, thai whereas DONALD E. TUTHILL, residing at Boisseau Avenue, Southold0 Town of Southold, Suffolk County, New York, has duly applied in writing for permission to lay and maintain a 6 inch water main under lhe Town highway in front of his premises located on the, west side of Laurel Avenue, Southold, and to be located as hereinafter more particularly described; and whereas the Town Board of the Town of Southold has duly consented to the granting of said application. NOW, THEREFORE, this indenture witnesseth, that RAYMOND C. DEAN, the duly elected and acting Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, does give and grant unto the said Donald E. Tuthill of Boisseau Avenue, Southold, New York. in the Town of Southold, and his heirs and assigns, the permission and right to install and maintain a 6 inch water main under a cerlain Town highway known as Laurel Avenue. which water main shall be laid along the westerly shoulder of Laurel Avenue and located not more than 12 feet from the westerly line of said Avenue and shall extend from Yennecott Drive northerly approximately 375 feet to North Creek Drive ail as shown on a cerlain map entitled "Map of Yennecott Park at Southold, Suffolk County, New York" which n~ap is filed in the Suffolk County Clerks Office, a copy of which is hereunto annexed and made a part hereof. The permission and right ltereby granted is only upon the conditions hereinafter set forth and the said Donald E. Tuthill by acceptance of this permit does for himself and his heirs and assigns, covenant and agree thai such conditions shall be performed and that this permit may be revoked, and the water main maintained in said highway removed by the Town Superintendent of Highways without notice upon the failure of performance of any such conditions, the conditions being the following, to wit: 1. The water main hereinbefore specified shall be laid under the ground at a depth of not less than four (4) feet. The same shall be laid in a manner satisfactory to the Town Superintendent of Highways and under his supervision. 2. The water main permiil~e~d to be laid hereunder shall be so laid as not to interfere or interrupt public travel upon the said highway, and the said Donald E. Tuthill shall replace all earth removed and resurface the pavement and leave the said highway in all respects in as good a condition as before the laying of said water main, and the said Donald E. Tuthil~ shall keep the said water main in repair and maintain the traveled portion of the highway and the highway premises free from any defects which miEht otherwise be occasioned by the installation and maintenance of such water main. 3. The said Donald E. Tuthill, his heirs and assigns, shall forever save the Town of Southold harmless from alt damages which may accrue by reason of the installation and maintenance of lhe said water main in said highway as aforesaid. 4. The said Donald E. Tuthill, his heirs and assigns, upon notice by the Town Superintendent of Highways of the Town of Southold, shall forlhwith make any repairs required for the protection or preservation of such highway and rendered necessary by reason of lhe installation and maintenance of said water main as aforesaid. 5.. In case ihe said Donald E. Tuthillo or his heirs or assigns, shall fail to make such repairs to the town highway as are required to be made by the conditions of this permit, the necessary repairs may be made without notice by the Town Superintendent of Highways of the Town of Southold, at the expense of the said Donald E. Tuthill, his heirs or assigns, and the cost thereof shall be a lien prior to any other lien upon the land benefited by the use of the highway for the laying of the water main herein provided for. 6. If in the judgment of the Town Superintendent of Highways~ it shall be necessary to remove, relocate or/and replace said water ~nain by reason -2- of the repair, relocation or change in grade of said highway or for any other · reason whatsoever, it is specifically understood and agreed that the said Donald E. Tuthill, or his heirs and assigns, at his or their own expense shall remove said water main and appurtenances and shall replace lhe same in conformity with the directions of the said Town Superintendent of Highways. IN WITNESS WHEREOF~ the Town Superintendent of Highways of the Town of Southold has hereunto set his hand in duplicate, this of December, 1968. ~/'/~/O~vn Superintendent of High ys /~/of the Town of Southold -3- DONALD ]E~ TUTHILL, Boisseau Avenue, Southold, in the Town of Southoldo Suffolk County, New York, being the applicant for the permit granted by the above indenture, does hereby accept such permit and does hereby covenant and agree to comply with the conditions therein contained. Dated: December ./f, ~ 1968. Donald E, Tuthill The undersigned, being members of the Town Board of the Town of Southold, Suffolk County, New York, do hereby consent to the granting of the foregoing permit. /~ Dated: December z~, ~, 1968. ~/ / Sut~rvisor ~S~ter~M~ Albertson /Cou~Iman Lo~ M.' Demaresl ~ 'Counci~n Howard C. Valen~e~ Towrr/Jds%ice H~ry~A. Clark Town ,lus~lce Martin Surer .,-4- 'ENN£C Q?T PARK SOU'FHOL D OWN£O ttNO DEV'ELOP~D BY ~)ONAI.-D E. ""FLI't'''HIl,-L LORNA E. 'TN?HILl-- 2.1 · _%OUTHOLO -FOXN pLANNING BOABD S3IITII, TASI{E!R, FII~KELSTEII~ AxN-D LUI~OBEI~ September 19o 1969 I-Ion. Albert W. Richmond Sou/hold Town Clerk Southold, New York 11971 Re: Application of Jean Robinson for Grant of Easement in Lands under Water at Little Peconic Bay Dear Mr. Richmond: Enclosed herewith is a Notice to the Town of Southold with respect to the application of Jean Robinson to the Office of General Services for a grant of easement under [he waters of Little Peconic Bay at Ci~tchogue for the purpose of erecting a timber jetty and dock. Will you please sign the admission of service in the lower lefthand corner of the original notice and return the same to us. The copy of the notice with the survey map attached is for your files. Yours very truly, RWT:MY Enclosures Fondu SRP 35 (6/67) FORM OF NOTICE OF APPLICATION PURSUANT TO ~E ~.OVISIONS '~SECTION 3, SUBDIVISION 2 OF THE PUBLIC L~NDS LAW. STATE OF NEW YORK EKECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES In the Matter of the Application of Jean Robinson for a grant of easement in land under water at Little Peconic Bay, Cutchogue Town of Southold, Suffol. k County : l'~'e w York - : NOTICE TO: Town of Sbuthold You are herby notified that it is the intention of the undersigned to apply on the 27thday of October , 19 69, to the Commissioner of General Servlces~ 143 Washington Avenue, Albany, New York~ for a grant of easement, pursuant to the provisions of Section 3~ Subdivision 2~ of the Public Lands Law~ to land under water of the Sta~e of New York~ briefly ~scri~ed as follows: An area of land under the waters of Little Peconic if at tsutcho ue, Town o{ S ,. : g .- outhold, Suffolk County. New York, being 24 feet in width and extending 217 feet into the waters of Little Pec'onic i~ay. for the purpose of (insert brief description of structures and proposed use) constrBcting a timber jetty and dock to stablize , etc. shoreline and preven~ erosion and for the mo~rin~ of private boats owned by applicant.~ If you believe yourself ~o be liable to injury by reason of such grant of easement to the undersigned, you should, on or before such date, file with the Commissioner of General Services, 143 Washington Avenue, Albany, New York~ a remonstrance stating your objections and your reasons for opposing the granting of such easement. The upland of the undersigned is briefly described as follows' Dated: -2- Jean Robinson Applicant Post Office Address: 120VVaverly ~, Ne~ York~ ~e~ York (Form A) - Municipality (To be served upon Mayor, Supervisor~ Clerk or Corporation Counsel, as required) 6'-0" - ...... PERMIT KNOW ALL MEN BY THESE PRESENTS, that whereas JOHN J. KELLY and ANlk- L. KF~LY, residing at 1878 East 28th Street, Brooklyn, New York, hereinafter referred to as the PeRmittees, have duly applied ia writing for permission to install a water well point and water pipe line, hereinafter referred to as the facilities, under the edge of Peconie Bay Boulevard, a Town highway, located at Laurel, New York, arid to be located as hereinafter more particularly described; and whereas the Town Board of the Town of Southold has duly consented to the granting of said application, NOW, THEREFORE, this indenture witnesseth, that RAYMOND C. DEAN, the duly elected and acting Town Superintendent of Highways of the Town of Southold, Suffolk County, New York, does give and grant unto the Petrol!tees of 1878 East 28th Street, Brooklyn, New York, and their heirs and assigns, the permission and right to install, operale and maintain a well point and pipe line lherefrom all in accordance with the dr_awing attached herelo and made 8 ~Dart hereof. The permission and right hereby granted is only upon the condilions hereinafter set forth and. the said Permittees by acceptance of this permit do for themselves and their heirs and assigns, covenant and agree that such conditions shall be performed and that this permit may be revoked, and the facilities maintained in s aid highway removed by the Town Superintendent of Highways without notice upon the failure of performance of any such condilions, the conditions being the following, to wit: 1. The facilities hereinbefore specified shall be laid under the ground at a depth of not less than 4 feet. The same shall be laid in a manner satisfactory to the Town Superintendent of Highways and under his supervision. -1- 2. The facilities permitted hereunder shall be so installed as not to interfere or interrupt public travel upon the said highway° and the said Permittees shall replace all earth removed and resurface the pavement and leave the said highway in all respects in as good a condition as before the installalion of said facilities~ and the said Permitters shall keep lhe said facilities in repair and maintain the traveled port[on of the highway and the highway premises free from any defects which might otherwise beoccasioned by the installation and maintenance of such facilities. 3. The said Permitteeso their heirs and assigns, shall forever save the Town of Southold harmless from all damages which may accrue by reason of Lhe installation and maintenance of the said facilities in said highway as aforesaid. 4. The said Permittees, their heirs and assigns, upon notice by the Town Superintendent of Highways of the Town of Sou%hold, shall forthwith make any repairs required for the protection or preservation of such highway and rendered necessary by reason of the installation and/o~ main- tenance of said facilities as aforesaid. 5. In the event that the said Permittees or their heirs or assigns, fail to a~ake such repairs to the town highway as are required to be made by the conditions of this permit, the necessary repairs may be made without notice by the Town Superintendent of Highways of the Town of Soulhold, at the ex- pense of the Permittees. their heirs o~_assigns, and the cost thereof shall be a lien prior to any other lien upon the land benefited by the use of the l!highway for the inslatlaIion and mainienance of the facilities herein provided for. 6. If in the judgment of the Town Superintendent of Highways, it shall be -2- necessary to remove, relocate and[or replace said facilities by reason of the repair, relocation or change in grade of said highway or for any other reason whatsoever, it is specifically understood and agreed that the Permittee or their heirs and assigns, au their own expense shall remove said facilities and shall replace the same in conformity with the directions of the said Town Superintendent of Highways. 7. The Permittees as security to insure complete compliance with the terms and conditions of this permit herewith deposit with the Superintendent of Highways of the Town of Southold a certified or bank check made payable to the order of the Town of Southold in the am of , If the sa~d Permittees fully comply with the terms and conditions of this permit, said sum deposited herewith shall be returned by the Superintendent of Highways of the Town of Southold to the Permittees within ten (10) day. s after the completion of the work contemplated herein. In the event that the Permittees shall fail to comply with the terms and conditions set forth herein, said sum deposited herewith shall be forfeited to the Town of Southold as liquidated damages for such default. 8. The Permittees shall provide public liability insurance to be written by an insurance company approved by the Town Superintendent of Highways in an amount of not less than $100, 000.00 with respect to claims rising out of any one accident resulting in bodily injury to or death of any one person, and in the amount of not less than $50, 000.00 with respect to claims a~ising out of any one accident resulting in property damage, said policy to name the Town of Southold and the Permittees as insureds and to protect the Town and the ]Permittees from and against injuries and for damages to persons or property caused by or resulting from the execution of the work permitted -3- lerein or in consequence of any improper materials or workmanship~ or due to any act, omission or neglect of lhe Perrnittees or their agents or ernployeesk A certificale of such insurance shall be filed with lhe Town Superinlendenl of Highways. .IN WITNESS WHEREOF, the Town of Southold has hereunto set his hand in duplicale, this of April, 1971. the Town Superintendent of Highways of day "-' I/i~o~S~perin~er~lenl of Highways /~/of the T~own of Sot~ihold JOHN J. KELLY and ANN L. KELLY of 1878 t~ast 28th Street, Brooklyn, New York, being the Permittees for the permit granted by the above indenture, do hereby accepl such permit and do hereby covenant and agree to comply with the conditions therein contained. Dated: The undersigned, being members of the Town Board of the Town of Southold, Suffolk County, New York, do hereby consent to the granting of the foregoing permit. Dated: ~'~/~ /~'1, Councilman ' ~f~'own J.a~t:~c e The un~c[ersigne.d, being the execB!~rs of ~he .E~at~ .9f ~,~. Fanning, deceased, hereby give our Consent lo lhe granting of ibis permil as adjoining land owner. K_NOW ALL 1VH~N BY TI-IESE PRESENTS: That SOUTI-IOLD DEVEL- OPMENT CORP. , a domestic oorporation of the State of New York having [ts office at Main Road (no number) Southoid, Suffolk County, lXlew XYork, first party, for and in eonsideration of the sum of ONE ($1.00) DOLI-~R in hand paid by the TOWN OF SOUTHOLD, a municipal corporation of the Slate of New Yor, k. having [is office a% 16 South Streef~ Greenport. Suffolk County, New York, second party, the receipt of which is hereby acknow- iedged has granted and conveyed and by these presents does grant and convey unto said Town of Southotd, second party, and ass~gns~ a riehl of way to Iay~ maintain, operate, repair or remove a highway drainage pipe line over. under~ through~ across and upon the [ands described as follows: All that certain plot, piece or parcel of iand, situate lying and being at Sou/hold, in the Town of Sou/hold, Suffolk County~ New York~ bounded and described as foi£ows: The southerly line thereof being described as follows: Beginning at the intersection of that course of the southerly line of North Road to Bayview which runs South 68 degrees 37 minutes 20 seconds East with that course of the westerly line of said North Road to Bayview which runs South 6 degrees 54 minutes 30 seconds East and running thence North 72 degrees 30 r~_inutes West 45 feet~ more or less~ ~o ordinary high wafer mark of Goose Creek: the northerly line thereof being paraI1el to and 8.0 feet northerly from the above described souther_ly line. This grant and easement shall at ail times be deemed to be, and shall be a continuing covenant running with the iand and shaI~ be binding upon the successors and assigns of the first party herein. IN WITNESS WI-IEREOF~ the party of the first part hereto has hare- sea~s this/~day of _{~ry_~, 1971. SOUTHOLD DEVELOPMEN~ CORP. Daniel T. Smith STATE OF NEW YORK) COUNTY OF SUFFOLK) On the /~ day of 9 SS.: ~- , 1971, before me personalty came DANIEL T. SMITH lo me known, who, being by me duly sworn, did depose and say lhal he resides al Mechanic Siree~, Soulho[d, New York; that he is the Presidenl of SOUTHOLD DEVELOPMENT CORP. , [he corporation described in and which executed lhe foregoing instrumenl; lhal he ~ows seal of said corporalion; thai lhe seal affixed ~o said ins~rumen~ is such corporale seal; ~t [l was so affixed by order of lhe board of directors of said corporalion; and lhal he si~ed his ~ame lherelo by iik~der. co~O SMITH. TASKER AND ~INKELSTEIN ATTORNEySa~NTI) COIJ-b[SELOR$ AT/uA~X~ August 6, 1971 Hon. Albert W. Richmond Southold Town Clerk Southold, New York 11971 Re: Southold Development Corp. w/ Town of Southold Dear Albert: Enclosed is the grant of easement from Southold Development Corp. to the Town of Southold of an 8 foot strip from the southerly line of the North Road to Bayview to Goose Creek. The grant was recorded in the Suffolk County Clerk's Office on July 22~ 1971 in Liber 6972 of deeds at page 276. Also enclosed herewith is a map of the ease- ment area. Yours very trul~ ROBERT W. TASKER RWT:MY Enclosures THiS AGREEMn~]T~ made the ~73~ay of Deco, er, 1974~ FRANCIS P. ~k~N~ JR.~ residing at 209 B!~e oakda!e~ New York~ and CP~.~ES ~3~LE!,~ resi~in~ at 99 Lantern P~oad, Hicksvil!e~ New York, as Executors of the ESTATE VEP2~h~ELEN, party of the first part~ %nd T05%%~ OF SOUTHOLD, municipal corporation with office at !6 South Street~ GreenpOrt~ New York ~ has obtained approval from the Planning Board of the Totem of Southeid for a minor subdivisicn, and~ on October 17~ 1974~ ob- tained approval from the Southcid To?~ Board of Appeals for the proposed right-of-way as sho~rn on a certain map entitled, :'Estate of Marie A~ Vermaeien of "Minor Subdivtsion~'~ prepared by Young Yo~ng~ dated July 2~ 1973, and revised October 22~ 1974~ v~hich is annexed hereto and made a part hereof as Exhibit NOW THEF~F©RE~ in coasideration of One and O0/!O0 Dollar, and the agreemen~ herein contained~ it is hereby agreed as ~=~== p~ty~' of the first=Da~__ grants to the pa~=~'v of the follows second p~t~ its successors and assigns~ a perpetual drainage easement and right to lay~ m~intain~ s_nd = .... ~ op~.=~e a pipe line for _.ansm_~s~.on oz water under and 'through =he following p~ .... ~ ~ ~ .... ~ .... uart zymng and being at w. =~-~'~- ~- County of Suz~olk and State ~.~a~c.~ in the To~n% of~O~.O~c ,~'~ ~' -~ Ne~ York: BEGINNING at a point on the westerly side of Bay k~enue~ which point is distant 153.69 feet along said ~es=erty line of Bay Avenue from the ~ivision line be- tween land of the party of the first part and land now or formerly of Hil!man~ from said point of beginning r~ning thence along the westerly side of Bay Avenue North 0© 46~ 00~ ~est~ !5~50 feet tca point; thence through land of the party of the firs~ part three courses and distances as follo%zs: (I) South 74~ 40 00~ West, 162.99 feet~ (2) South 15° 20~ East~ 25.00 feet; (3) South 74~ 40' 00" West, 172.77 feet to land no'w or fo~erly of Alexander Calabrese~ running thence along said land now or formerly of Ca!abrese and land cf the To~ of Southold South 21~ 30~ 00~' East~ 79o21 Lee .... ,~n~ through !and of the pa~-)'y of the zlrsa . ~ '~ and distances as fo!Io%-~s: Dart five (5) ~ou ~oruh 68~ 30' East, 15,u0 feet~ %2/ North 2t~ 30= 00~= ~=~ 62.50 feet~ (3) North 74~ 40 00~ ~ fe~t: (4) North 15~ 20: West~ i7.50 feet~ :(5):cNortk ~,~S' 00" East, ~44 09 feet to ~h~ ~? ~int or placs of beginning. 2~ The party of the secon~ ~rt ' '- _ nere~y ~qrees not to fence ~e easement area~ to ~ ~ ~ - p~c~,p~-~ backfill any it in the easement area, an~ r=D~r ~n~ .x~e ..... ~,..s.~ or r~hu-o=-way on the ~ar~y of ~ne first Dart's pr~'vate ~ -~ ~- ~ = be caused by the exercise of the r~nts of ingress and ~r~s~_ _~ or by any wrongful or negligent act or om%ssaon of lis agents or .... ploye_s in the'course of themr emplo~,~-ent= 3~ That thio agreement and al! of its te~s~ covenants ~nd conditions shall b~ b4ndinc upon and in~e to +i~e benefit of .... dls~r~butees ~eq_~ representatives~ IN W!T~{ES~ ?ff~EP~OP, the parties hereto have set their =~=.aes and seals the day and year first ~bove ~nar-,es Vermaelen, ~xecutor STATE OF NE?~ YOPd< ) ) SS: COUNTY O? SUFFOLK ) On this~day of Dece~,d, ber~ 1974~ before me came FP=~2~CiS Po VEPJ~_ELEN, JR, and CP=AF-/~ES V~_?='~_~.LE,I~, to me Vzho~ being by me duly s;~orn, did depose ancl s.~y that they are the Executors of the ESTATE OF ?dARIE A. VEP~*~uELEN and %Fho executed the foregoing instrum]ent~ and ackno,:.~!edged that they executed the STA~ OP Naw YOiLK COUNTY OF SUFFOLK On this day of December., i97~ before me personally c~.e ALBERT Mo ~AP~TOCCHIA~, to m~ kno~ %~ho~ bein~ by me ctu!y s~jo~n~ did d~pose and say that he r~sides at ~3! Seventh S~ree%~ ~re~npo~, New York; that he is %he Supervisor of tke TO~ OF SOUTHOLD~ Suffolk Coun%y~ New Ycrk, the 5%unicipal cQ~oration described in and ~hich executed ~he within instr~an~ that he knows the seal of sai~ corporation~ that the seal affixed to said instrument is suck corpora'ce s~ai; 5ha~ it was so affixed Dy ord~ of the To~ Board of said municipal corporation, and that ha signed his n~e thereto by like order~ ~ Notary Public Area= 4~,080 scl.ft. iI~ivERT §.8 ~- pRoPOSED ' oF ElSH~ AreO;4~O, 086 scl'ft' old ' Hillrnan H. ._' tvfonJe. ._ willian~ charlO, tt~ john formerly FranCiS ~" forr~erlY )'EST HOLE ~'OZ9 SAND JUDITH T. TERRY TELEPHONE '/65-3783 February 10, 1977 Ym. J. F. Cassidy New Business Department Long Island Lighting Company Doctors Path Riverhead, New York ll901 Dear Mr. Cassidy: Enclosed are original and one copy of an electric easement be~-een the Town of Southold, as grantor, and the Long Island Lighting Company, the grantee, for easement at East Marion, New York, signed and duly attested to and notarized° Also enclosed is a copy of a resolution adopted by the Southold Town Board at a regular meeting held on February 8, 1977. Very truly yours, Judith T. Terry Town Clerk THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 8, 1977: "On motion of Justice Demarest, seconded by Justice Surer, it was RESOLVED that the Supervisor be smd he hereby is authorized to sign an electric agreement between the Town o£ Southold and the Long Island Li.ghting Company granting an easement through and along certain portions of land of the Town of Southold at East Marion, New York; said easement to be 30 ft. in width, and approximately 705 £t. in length along lands o£ Hertfelder on the south; D. Jackso~ H. Egert ~nd Jean Schneider on the west; Ted~sohi on the north; and Jean Schneider on the east; as shomm on Map of Lands at East Marion, N.Y. Made for L.I.L,C.0. by Roderick Van Tuyl, P.C. dated December 2, 1976. Vote of the Town Board: Ayes: Supervisor Martocchia, Comacitman Rich, Co~mcilman Homan, Justice Surer, Justice Demarest~ Justice Doyen. This resolution was declared duly adopted." $,'fATE OF NEW YORK) COUNTY OF SUFFOLK) SS*, l, Judith T. Tcr;x.,, Town Cl:rk of the Town of Sou~ho~d LONG ISLAND LIGHTING COMPANY TEL~ 369-3028 January 31, 1977 Mr, Albert Martocchia, Supervisor Town of Southold Main Road Southold, New York Re: 26107-640 Dear Mr. Martocchia: This is in regard to your letter of January 3, 1977 pertaining to property at East Gillette Drive, East Marion, New York. Enclosed are an original and ~wo copies of au electric easement between the Town of Southold, as grantor, and the Long Island Lighting Company, the grantee° If this instr~ument is satisfactory to you, we ask that you sign each one on the second page and have it notarized on the back of the blue jackets. After the easement has been executed, please return the original and first copy to this office and retain the second copy for the township records. It will also be necessary for us to be provided with a copy of the Town resolution authorizing the granting of the easement. Your help in this matter will be appreciated. If you have any questions, please call me~ Yours truly ~ New Business Depa~nt / C / ekt / ~closures ELECTRIC EASEMENT THIS INDENTURE, made the f~ day of 19~ , between ~ ~ OF ~0~0~, a municipal co~or~t~ of the ~e of ~ew York with its prineip~ office at To~ H~I, }$~ Road (no n~er), So~h~l~, ~ the grantor, an~ ' LON~ ~LAND LIGHT~ COMPANY. a corporatton ~y organized and existi~ under and by ~rme o[ the Laws o[ the State of New York, havlnE its principal of[ice at 250 Old Oountry Road, Mineola, New York, the grantee, WIT~SSETH, that the grantor, in consideration o[ the sum One ($1.0O) Dollar law[ul money oi the United States and other good and valuable consideration paid by ~e grantee, does Hereby ~rant and release unto the grantee, its successors and assigns, !orever, easements and rights-of-way on, over, under, acros s, ~rough an~ alon~ certain ~ortions of ~e land of the grantor shown on map o[ said land entltled l{ap East l~ion, N. Y. Nmde for L.I.L. Co. lying and being in Town of Southo!d , County of Suffolk , State of New York, ~t(~~~exl~z~ 2 .... 1~ ~ -- ~ A copy of said map, on which are now shown the location and w[dth of the said easements and rights-of-way herein grant- ed, is attached hereto and made a part hereof as "Exhibit A". Said easements and rights-of-way herein granted include the following rtghts and privileges: FIRST: To construct, reconstruct, 'relocate, operate, repair, maintain and, at its pleasure, ·remove single lines of poles including so many poles and such cross-arms, guys, stubs, anchors, cables, wires, fixtures, transformers and other apparatus on said poles as said grantee may now and from time to time deem necessary, and to construct, recon- struct, relocate, operate, repair, maintain and, at its pleasure, remove underground electric conduit systems, together with the necessary man- holes and accessories as said grantee may now and from time to time deem necessary. SECOND: To attach to the electric distribution lines erected or to be erected thereon other wires for the purpose of providing electric service to consumers upon property adjacent to said easements and rights-of-way. THIRD: To trim from time to time any trees along said lines so that the lines and wires thereon may be clear by at least forty-eight (48) inches on either side. FOURTH: To permit the attachment of wires and facilities of public utility companies or others &nd to convey to such other companies an interest in the easements and rights-of-way herein granted. FIFTH: To permit such access from the street over the bal- ance of the grantor's property as is necessary for the enjoyment of the ease- ments and rights-of-way herein granted. The poles, cross-arms, guys, anchors, cables, conduits, man- holes, vaults vents and other apparatus as from time to time installed, constructed and maintained by the grantee shall at all times be and rematn the property of the grantee, it successors and assigns. 20-26107-6~0-52~-370 The grantor convenants that [t is seized of the said land and, for itself, its successors and assigns, forever warrants its title thereto and will defend the easements and rlghts-of-way herein granted, forever, agains~ all lawful claims and demands. The easements and rights-of-way herein granted are exclus'ive and shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. IN WITNESS WPIEi{EOF, the grantor has duly executed this deed the day and year first above written. ATTEST: 20-2610T-6~0-52~-370 -2,- F~ ~" L£L co D/aT/ EASEMENT THIS INDENTUP~E, made between the TOWN OF SOUTHOLD, with offices at (No ~) Main Road, Southoldt Town of Southold, Suffolk County~ New York~ hereinafter referred to as the Grantor, and the VILLAGE OF GREENPORT, a municipal corporation having offices at 236 Third Street, Greenport, Town of Southold, Suffolk County, New York, hereinafter referred to as the Grantee. WITN~SSETH: That the Grantor, in consideration of other good and valuable consideration and Five ($5.00) Dollars, lawful money of the United States, the receipt of which is hereby ack.owl- edged, paid by the Grantee, does hereby grant and convey unto the Grantee, its successors and assigns, fore.er: The perpetual and exclusive right to lay, relayl operate,i maintain and remove a water main or mains, both supply and dis- tribution, and appurtenances, in the full width and !eng%h of all that plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly described as follows: Beginning at a point on the easterly line of Sound Road, said point being 29.5 feet northerly from the point of i~ter- section of the boundary line between the southerly end of the property of the Grantor and the northerly end of lands n~w or formerly of Frank Toledo and the easterly line of Sound ~oad; Running thence north 27 degrees 31 minutes 20 seconds west 15.0 feet; Running thence north 62 degrees 28 minutes 4Q sec- onds east 140.78 feet; Running thence South 27 degrees33 min- utes 20 seconds east 15.0 feet; Running thence south 62 degrees 28 minutes 40 seconds west 140.79 feet to the point of beginning. TO HAVE AND TO HOLD the rights and easements herein granted unto the Grantee, its successors and assigns, forever. Ail mains and appurtenances behalf, or subsequently dedicated to and assigns, shall be and remain the Grantee, its successors and assigns, laid or to be laid by, on the Grantee, it successors personal property of the forever, And the Grantor covenants as follows: (As to the above described parcel of land) As a covenant to run with the land, not to plant or erect~ without the written consent of the Grantee its successors and assigns, over any portion of the above des- cribed parcel of land or water main or appurtenances ~herein, any trees, structures or the like, which will make it substan- tially more difficult to repair and such water main, or appurten- ance, or will make it or them relatively inaccessible, it is mutually understood, however, to pave the area her~inabove material for access purposes to a proposed subdivision ~o be known as Paradise By the Sound. IN WITNESS WHEREOF, the hand and seal the day and year that the Grantor reserves the right described with asphalt or other Grantor has hereunto set his first above written. THE TOWN OF SOUTHOLD STATE.OF NEW YORK COUNTY OF SUFFOLK On the /Ds day of ~etober~, 1978, personally came Albert Martocchia, to me known, duly swornr did depose and say that he resides Seventh Street, Greenport, Suffolk Countyr is the supervisor of the Town of Southold~ ation described in and which executed the before me who being by me at No. 431 New York; that he the municipal torpor- foregoing instrument; that he knows the seal of said municipal corporation; tha~ the seat affixed to said instrument is such corporate seal; %hat i% was so affixed by order of the board of councilmen of said muni- cipal corporation, and that he signed his name thereto by like order. F42 THIS INDENTURE, made ~e ~ ~ ~ day of Fobru..a:~/' one thousand nine hundred and forty-six , between ~E NEC! YORK TRUST COMPANY, a New York corporation, having its principal office at No. 100 Broadway, Borough of Manhattan, City of New York~ ,par~ of~efirstpart and FISHERS ISLAND ESTATES, INC., a New York corporation, having its principal office at No. 2 West 45th Street, Borough of ~ar~attan, City of New York, ,partTof ~esecond pan. WHEREAS. Fishers Island Corporation by indenture of mort~ge, bearing d~e the 6th day of Mar~n mn~een hunted and twenty-nine , recorded in the office of the Clerk of the CounW of Suffolk , ~ liber 72A of menages, x!l:r~li_t~t , pages 9~-138on the 8th d~ of ~arch ~n~een hundred and twenty-nine . for the consldcrat~n ~cr~n m~tioned, and ~ s~ure the payment of ~e mon~ there~ spedfied, did mort~ cer~in lands ~d tenements, of whi~ the lands herinafter described are part. unto elm. Henry Barnum & Company, Inc., which said mortgage was assigned by said g~m. Henry Barnum & Company~ Inc. to said The New York Trust Company by assignment bearing date the 6th day of ~arch, nineteen hundred and twenty-nine and recorded in said Clerkts office in Libor 724 of Nortgages~ pages 147-48 on the Sth day of Mareh~ nineteen hundred and twenty-nine, and which said mortgage was thereafter supplemented by supplemental mortgage and extension agreement bearing date the 31st day of December, nineteen hundred and forty~ made between said The New York Trust ComPany and said Fishers Island Estates, Znc., recorded in said Clerk's office in Libor llS1 of ~orggages, pages 384-403 on the 22nd day of March, nineteen hundred end'forty-on% AND WHEREAS, the party of the first part, at the request of the party of the second part, has agreed to give up and surrender the lands hereinafter described unto the parry of the second part, and to hold and retain the residue of the mortgaged lands as security for the money remaming due on the said me.gage. NOW THIS INDENTURE WlTNESSETH, that the party of the first part, in pursuance of said agreement, and in consideration of One dolla~, lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does grant, release and quitdalm unto the party of the second part, all that part of said mortgaged lands described as follows: A perpetual easement for highway purposes in and land s: ALL those two certain ~arcels of land situate at the Town of Southold, as follows: to the-following Fishers Is_~nd in Suffolk County, New York, bounded and descr_bed ~arcel 1 BEGINNING at a stone bound set on the northerly side of Oriental Avenue, said stone bound being located 534.11 feet north of a point which is 626.24 feet east of a monument marking the U. S. Coast and Geodetic Triangulation Station "Pros"; and running from said beginning point, along the southerly boundary of a 1.14 acre parcel of laud con- veyed by Fishers Island Estates, Inc. to John Leone, South 74 degrees 57 minutes east 282.4 feet to a point; thence along other land of Fishers Island Estates, Inc., the following five courses and distances: (1) South 74 degrees 57 minutes east 230 feet to a point; (2) thence South 86 degrees O1 minute east 90.94 feet to ~ point, (3) thence North 79 degrees 42 minutes east 107 feet to a point, (4) thence North 65 degrees 37 minutes east 221.12 feet to a point on the easterly side of the proposed road leading to Peninsula Point, said point being located 505-12 feet north of a point which is 1518.45 feet east of said Triangu- lation Station "Pros"; and (5) thence South 34 degrees 23 minutes east 50 feet to a point in the northerly line of lands of the~United States Government; thence along the northerly line of the lands of the United States Government, the following four courses and distances: (1) South 65 degrees 37 minutes west 227.3 feet to a point; (2) thence South 79 degrees 42 minutes west 119.45 feet to a point; ~3) thenCe North 86 degrees O1 minute west 102.05 feet to a point; and (4) thence North 74 degrees 59 minutes ~37 seconds west 477.1 feet to a stone bound which is at the easterly end of the highway known as Oriental Avenue; thence run- ning along the easterly boundary of Oriental Avenue, North 23 degrees 30 minutes west 64.4 feet to the point of beginnim~. Parcel 2 BEGINNING at a point on the northerly boundary of Parcel i herein- above described, which point is 484.02 feet north of a point which is 1471.89 feet east of said Triangulation Station ,pros,; and from said beginning point, running North 12 degrees 54 minutes west 285.12 feet to a point; thence running North 6 degrees ll minutes east 353.6 feet to the easterly corner of land conveyed by Fishers Island Estates, Inc. to Lawrence S. Baldwin and Bertha W. Baldwin by deed dated January 19, 1945; thence running North O0 degrees 08 minutes east 334 feet to a point, which point is 1447.49 feet north of a point which is 144~.11 fee~ east o_f~ai.d Triangulation StatiQn "Pros"; thence running North 42 degrees 55 minutes west 272.3 feet to a point, which point is 1646.91 feet north of a point which is 1261.69 feet east of said Triangulation Station "Pros"; thence running in an easterly direction at right angles to the last course, 50 feet to a point; thence running generally southerly on lines which are 50 feet easterly of the first four courses he'reof as measured at right angles to said first four. courses hereof and which are parallel to said first four courses hereof and on lines in continuation of said lines, to the terminus of the fifth course of Parcel i herein- above described, said point being 505~t2 feet north of a point which is 1518.45 feet east of said Triangulation Station "Pros"; thence run- ning part way along the fifth course of. said Parcel i reversed, on a course South 65 degrees 37 minutes west to the point of beginning. IIIIII I III IIIIIII III I III I I II I ~ I IIIII II I I III III I ' q',.~th.. ~,ith-t~r~marlinma aa~*~mmrrlmlna~qm, ar~a~r ~ ~e riffht, title and s~l~ easemen~ . ease~en~ in salQ l~Qs -- -- jnt~est.of ~e~ of ~e first paR, of, m ~dt6~ to ~e intent ~at ~ hereby rel~ [~my be ~g~ rrm mid moP.ge, ~d ~at ~e rest of ~e l~d in ~d moP.go specified may rmin moR~g~ to ~e p~ of ~e first ~R as heretofore. eRseffieB~ TO HAVg AND ~ HOL~ ~e ~he~y:~el~sed ~d quitcla~ed to ~e par~ of · e s~ond ~rt, ~gS sRceessors ~d ~si~s, to ~d ~r om proper use, b~efit md ~f forever, free, dear and dis~rged of ~d from all lin ~d claim ~der ~d by ~me of ~e ind~mre of mo~age aforesaid. IN WITNESS WHgRROF, ~e pa~ of ~e first ~rt h~ si~ed and s~ed ~ese presets ~e ~y and ymr first above wriRen. BM. Vice-President. STATE OF NEW YORK ~ COUNTY OF On the day of before me came , one thousand nine hundred and to me known to be the individual described in, and who executed, the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YORK ) COUNTY OFNEW YORKI ss.: On the ,.9 ~ day of February , one thou~md nine hundred and forty-six , before me came '~'- -'~, ~ , to me known, who, being by me duly sworn, did depose and say that he resides at 7~'~2'-~ ~' '- ' ~4v..-in ~ ~ 4" ' that he is~fl~Vice-President of THE NEW YORK TRUST COMPAN~ the corporation described in, and which executed, the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrUment is such corporate seal; that it was so afiSxed by order of the Board of Trllstees of said corporation, and that he signed h.i8 name thereto by like order. ALlC£ M, RYA~ Neta~ Public, gl.gs Co. So. 613. Itel. I1~ ~39-8-7 '"'"'~"~//""~' ~'t, [liad tn N. Y, ~, No. 363, Reg, Celt. Filed In B~x Co, t~o, ~S, Beg. ~. Flied tn Oueeas C~. KG, !647, g~. ~so filed In V/e~lehe~leg m~i Albany Coal~ March 17, 1966 Hon. Albert W. Richmond Southold Town Clerk Southold, New York Re: Application for Grant of Easement in Lands under Water at Mattituck of Hazel S. Smith Dear Sir: Mrs. Hazel S. Smith is applying to the Office of General Services for a grant of easement in lands under Water at Mattituck for the purpose of constructing two wood jetties extending into Great Peconic Bay· It is necessary that a notice of such application be given to lhe Town of Southold. Such notice is enclosed herewith· Will you plea se admit service of the notice by sigmng and dating the original in the [ower left hand corner and returning it to this office. A copy with a photocopy of a sketch of the proposed construction attached is also enclosed for your files· Yours very truly, ROBERT W. TASKER RWT:MY Enclosures FORM OF NOTICE OF APPLICATION PURSUANT TO THE PROVISIONS OF SECTION 3, SUBDi%rISiON 2 OF TILE PUBLIC LANDS LAW. STATE OF NEW YOP~ EXECUTIVE DEPARTMENT OFFICE OF GENEI~AL SERVICES Ln the ~/iatter of : the Application of F_4ZEL S. S_~/5TPi ~rant of easement in land under waters at ~ATTiTi3CK, for AN THE~ --TO%~t-N OF SOUTI"!OLD, SUFFOLK COUNTY, NOT tCE TO: TO~-N OF SOUTHOLD You are hereby- notified that it is tbs intention of the undersigned to apply on the 25th day of April, t986, to ~he Office of General Services, 143 Wash£ngton Avenue, Albany, New York~ for a grant of easement, pursuant to the provisions of Section ~, Subdivision 2, of the Public Lands Law, to land under water of the State of New York, briery described as foilo-xs: Two areas of land under waters of Great Peconic Bay, at Matiituck, in the To~n of Son.hold, Suffolk County, New York, one being 6 feet wide and extending 100 feel into Great Peconic Bay, the other being 8 feet wide ~ud exlendir~g ~0 feet into Great Peconic Bay, for the purpose of constructing two wood jetties ex~ending into Great Peconic Bay to s~aoi!~z~ the shoreline and to prevent erosion~ If you believe yourself to be liabte to in3ury by reason of such ~Tan% of easen/ent ~o the undersigned, you should, on or before such date, file the Office of General Services, 148 WaShin~on A~nue, Albany, Ne~v York, a remonstr~ce siaiing your ~Bjections and your reasons fo~ opposLnE ~e grantl~ of such easement The upland of the undersigned is briefly described as follows: All the parcel of land located a+~ tV~at~ituck, in ~he Town of Southold, Suffolk County, i~ew York, bounded as follows: North by a right of way; East by land now or formerly of Carpenter; Sou~h by Great Peconic Bay; and West by land now or formerly of ~eorge H, Terry. Dated: March.18, 1966. HAZEL S. SMITH Applicant Poet Office Address: 58 St. Paul's Road North Hempstead, New York Due and Timely Service of a Copy of the Above Notice is Hereby Admitted. Dated: ~%~arch /~', 1966. Alber~ ~, [Ric~ond, To~ C!e~k of the To~ of Southold b PDCOtJ tC bL&'-,,'AT l 0 LI -- ~ATT iTOC~'- AT ~v~ ,&T.T~T'JCiZ.. Li&W ROBERT W. TASKER Town A~orney OFFICE OF TO~}~ORNEY 425 MAIN ST. GREENPORT, L.I., NEW YO~ I19~ February 17, 1981 RECEIVED FEB 1 8 1981 TELEPHONE (516) 477-1400 Hon. Judith T. Terry Southold Town Clerk Main Road Southold, New York 11'971 Re: Drainage Easement - Southside of New Suffolk Avenue, Mattituck from Jay Parker Wickham Dear Judy: Relative to the New Suffolk Avenue reconstruction project near the Mattituck Airport, I enclose herewith a deed from Jay Parker Wickham to the Town of Southold dated. January 18, 1981 and recorded in the Suffolk County Clerk's Office on January 28, 1981 in Liber 8951 of deeds at page 489. This deed conveys a ltl' easement running north from New Suffolk Avenue to Marratooka Lake. This deed should be filed in your office. In order that I may have a record for my files, would you please acknowledge r~eceipt of the above mentioned deed by signing a copy of this letter enclosed for that purpose. Very truly yours, RWT :aa eric. ROBERT W. TASKER I hereby acknowledge receipt of above O FFIC~ !~_-~~O RNEY 'r gD 425 MAIN ST. GREEN-PORT, L.I., NEW YORK 11944 February 17, 1981 TELEPHONE (516) 477-1400 Hon. Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 Re: Drainage-Easement Southside of New Suffolk Avenue, Mattituck from Jay Parker Wickham Dear Judy: Relative to the New Suffolk Avenue reconstruction .project near the Mattituck Airport, I enclose herewith a deed from Jay Parker Wickham to the Town of Southold dated January 16, 1981 and recorded in the Suffolk County Clerk's Office on January 28, 1981 in Liber 8951 of deeds at page 469. This deed conveys a 16' easement running north from New Suffolk Avenue to Marratooka Lake. This deed should be filed in your office. In order that I may have a record for my files, would you please acknowledge receipt of the above mentioned deed by signing a copy of this letter enclosed for that purpose. Very truly yours, ROBERT W. TASKER RWT:aa eric. CC: Raymond C. Dean, Highway Supt. / · '- ~ CONSULT YOUR LAWYIR IIPODI SIGHING 1'HIS INSTRUMENT.THIS INSTDUMINT SHOULD II USED ST LAWYERS ONLY / ~ day~d~"~-~o--e~V~, nineteen hundred and ~' I WICKHAI~, residing at New Suffolk Avenue (No Num~6r) DIST, ] o0 SEC. BLOCK LOT /7" BETWEEN JAY PARKER Mattituck, New York party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at Main Road (No Number) Southold, New York party of the second part, WITNEfSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, A right of way sixteen feet in width to lay pipes for highway drainage purposes and to maintain and operate, relay and remove said pipes on, over and through the land being a part of Lot 115-9-25.4 described in deed filed in Suffolk County Liber 8688 Page 495 and hereinafter described to wit: All that certain plot, piece or parcel of land, situate, lying and being at Matti~uck, in the Town of Southold, County of Suffolk, and State of New York bounded and described as follows: The westerly llne of said sixteen foot right-of-way being described as follows: Beginning at a monument of the northerly line of New SuffoLk Avenue at the south- westerly corner of land of the party of the first part, being the southeasterly corner of land now or formerly of Norris; from said point of beginning running thence North 3 degrees 55 minutes 00 seconds East, 114.72 feet, more or less to the shoreline of Marratooka Lake. REAL ESTATE JAN 28 1981 TRA:',tSFER 'i COU NTY_~._._.---~ TOGETHER with all right, title and interest, if any, of ~he party o~. t~..fiZ~.~p~..rt~,~in a.n..d t.o any streets and roads abutting the above*described premises to the center lints therent; x~,~ ~ r~ w~th the appur~enancea ~nd all the e~tate, and rights of th~party of the. first .part in an.d to sa. id .premises; TO HAVE. AN.D TO, HOLD the premises herein granted unto the,party of the second part, the heirs or successors ann assigns ox the Party of the second Part forever. AND the party of the first part, in compliance with Section 15 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any Part of the total of the same for a~y other The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNE~$ wHERl~:,'the party of the first Part has duly executed this deed the day and year first above written. No. 52-d519999 Suffolk Counly '' Commission Expires Ma~ch 30, 19~'-2''''~ oF NEW YORR. C~UNTY OF SUFFOLK ss, Onthe d~Y ° f.-~P~" °~d~ 1~ ~ ~ before me pe,,oua,,, ~Y PARER WICK~M to me known lo ~ the ~nd~dual descried ~n a~d executed the ~ore~o~n~ ~nsi~mcnt, and acknowledged that ex~uted the ~me. ~otar7 Public V~ROHICA C, TABORSKY NOTARY PUBLIC, State of New Y~ No. 52-4519999 Suffolk ~unty STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK. COUNTY OF SS: On the day of · 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me 'personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, bein~'_by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing wi.tness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. WITHOI.~ COVENANT Ac, siNs? G~NTOR'S Acrs TITLE NO. JAY PARKER WICKHAM TO THE TOWN OF SOUTHOLD SIM#I~ F~IUI IF NEW ~ ~ IF H~t[ IBIIEIWIlIBI~ Distributed by CHI~GO Ti~ INsuRANcE _COMPANY SECTION BLOCK LOT COUNTY OR 'rOWN Re~,rded at R~u~t o/ Return by Mall ~ 425 ~in St~-oet ' ' .~ ~reenp°rt,. ~ew Yor~ Zip No. I0, OI gl WR:JC WHITE ~,. CASE 1155 AVENUE OF THE AHERICA$ NEw YORK, NEW YORK IOO"46 SEP 1 8 September 16, 1986 re Fishers Island Sewer District Ms. Judith T. Terry Southold Town Clerk Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Ms. Terry: As requested by Mrs. Neville, I enclose a signed copy of the Easement which was given by Sandra and Michael Cotlyer to the Fishers Island Sewer District. I am arranging for another copy of the Easement from FIDCO to be executed and will send it to you,whe//.,n~I get ~ba~k. Ve~y truly y~ur~,~//_.-~ W~nthro~ Ru~eYfur~, Jr, Enclosure $UBSbRFACE SEWAGE DISPOSAL SYSTF~M EASEMENT kNO~ .iLL MEN BY 1HESE PRESENTS, that Sandra and Michael Collyer, (hereinafter "Grantor"), for a valuable consideration, receipt whereof is hereby acknowledged, does hereby grant to Fishers Island Sewer District, Town of Southold, (hereinafter "Grantee"), its successors and assigns the permanent right to install, operate, maintain, renew, replace and repair a subsurface sewage diposal system with such appurtenances, including manholes, septic tanks, leaching pools and distribution piping as are from time to time needed for ~he conveyance, treatment and disposal of sewage, together with the right to enter in cohnection therewith, all under, over and across Grantor's land in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: See ~mp entitled "Sewage septic system easement to be acquired from Sandra and Michael Collyer by Fishers Island Sewer District, ~own of Southold N.Y." dated June 11, 1984 prepared by A.R. Lombardi Associates, Inc. Vernon,CT. oei~g a portion of the premises described i~ the Suffolk County Land RecOrds in Liber 9122 Page 519. The aforesaid righLs shall include the right to trim and keep trimmed, cbt clear and removed, by mechanical means or otherwise, trees, un(.erbrush arid other growth (othe~ than crops or grassland except in the exercise of this'eaoement) which are within the limits of said right of way and wl~ich may interfere with the exercise of the rights and/or easements herein granted, or any of them, or which may create a hazard; the right to control the growth of such trees, underbrush aud other growth by ~he use of chemicals or otherwise, provided such right to use chemicals shall not apply to any area which at the time of exercising such right is used for growing crops, other than trees ove~ six feet tall, or rom mowing or grassland; the right to dispose of all wood. cut; and the right to remove any structures within cr projecting into said right of way. Grantor agrees not to erect alt)' building structure on, place or store any materials on, store any vehicles on, grade, excavate, fill or flood said right of way, or otherwise use said right of way in any manner which, in the upinion of Grantee, may interfere with the' exercise pf the rights and/or easements herein granged, or any of ~hem, or ~hich may create a hazard.. Grantor further agrees that nothing shall be attached to the property of Grantee installed by virtu~ o£ this easement except such things as are placed ~hereon by Grantee. The easement herein granted is contingent upon Grantee causing such facility to be constructed within five years of the date of this easement. Such easement shall expire upon t~e abandonment of the aforesaid facility. Any right herein described or granted or any interest therein or part thereof may be assigned to any assignee or asignees of Grantee, its successors and assigns, and Grantor, for itself, its heirs, executors, administrators, successors and assigns, hereby agrees to and does ratify any such assignment or assignments. TO HAVE AND TO HOLD the said granted and bargained easement, privilege, asd r~ght of way and its appurtenances to Grantee and its successors and assigns forever, to it~ and their own prope.r use and behoof. And Grantor, for itself, its heirs, executors, adminstrators, successors and assigns, covenants with the said Grantee, its successors and assigns, that at and until the ensealing of these presents it is well seized of the premises as a good indefeasible estate in fee simple and has good right to bargain and sell the same in manher and form as is above written, and that the same is free from all encumbrances whatsoever exept as hereinbefore mentioned. And furthermore, Grantor does by these presents bind itself and its heirs, successors and assigns forever to WARRANT AND DEFEND the above granted and bargained premises to Grantee, its successors and assigns, against all claims and demands whatsoever, except as hereinbefore mentioned. The provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, adminstrators, successors and assigns, and whenever used the singular number shall include the plural, the plural the singular, .mg the use of any gender shall include all genders. IN WITNESS WHEREOF, Grantor has hereunto set or caused to be set Signed, Sealed and Delivered in the Prasence of: STATE OF NEW YORK ) COUNTY OF NEW YORK ) ~ ~/~ · _a,.On the..C~_~~ day o~-'- ~ , 1984, before me person~ ca~.e ~i~HAEL COL~YER~o m~' known and known to me to be the individual desd~Li~d an and who executed the foregoing instrument, and he acknowledged that he executed the same. No. Qua#fled in New Ymt Ta'm Ibpir. ~ 30, 1L~ STATE OF NEW YORK ) : ss..' COUNTY OF NEW YORK ) On the ~7~day .of ~A~', 1984, before me personally came SANDRA COLLYE.R. to..m~ known and knOwn to me to be the individual described in and. who executed the foregoing instrument, and s?e acknowledged that/~he executed the same. iN'4. 31-8718~'0 · (~uiflfled in New Yerk COLLYER, SANDRA & MICHAEL FISHERS ISLAND SEWER DISTRICT TOWN OF SOUTHOLD EASEMENT 1986 HENRY SOUTHER ENGINEERING INC. 25 Terrace Drive Vernon, Conn. 06066 Tel. (203) 872-2703 A. RICHARD LOMBARDI, P.E. PRESIDENT CHARLES I. PELLETIER, P.E. & ES. ROMAN W. PLATOSH, P.E. A Division of: A.R. Lombardi Associates Inc. ENVIRONMENTAL CONSULTANTS SEP 1 8 September 16, 1986 Mrs. Judith Terry Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 Re: Fishers Island Wastewater Project - GADA Easement Dear Mrs. Terry= A copy of the subject easement with an.original signature is enclosed for filing. We have retained a copy for our records. MAH:sab Enclosure: Easement Gada Atty. Rutherfurd Atty. Tasker Respectfully, HENRY SOUTHER ENGINEERING,INC. Michael A. Horne, P.E. SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the Gada Family Partnership (hereinafter "Grantor"), for a valuable consideration, receipt whereof is hereby acknowledged, does hereby grant to Fishers Island Sewer District, Town of Southold, (hereinafter "Grantee"), its successors and assigns the permanent right to install, operate, maintain, renew, replace and repair a sanitary sewer with such appurtenances, including manholes as ara from time to time needed for the conveyance of sewage, together with the right to enter in connection therewith, all'under, over and across Grantor's land in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: See map entitled "Sanitary sewer easement to be acquired from Gada Family Partnership by Fishers Island Sewer District, Town of Southold N.Y." dated June 11,'1984 prepared by A.R. Lombardi Associates, Inc. Vernon,CT. being a portion of the premises described in the Suffolk Country Land Records in Liber 9124 Page 530. The aforesaid rights shall include the right to trim and keep trimmed, cut clear and removed, by mechanical means or otherwise, trees, underbrush and other growth (other than crops or grassland except in the exercise of this easement) which are within the limits of said right of way and which may interfere with the exercise of the rights and/or easements herein granted, or any of them, or which may create a hazard; the right to control the growth of such trees, underbrush and other growth by the use of chemicals or otherwise, provided such right to use chemicals shall not apply to any area which at the time of exercising such right is used for growing crops, other than trees over six feet tall, or for mowing or grassland; the right to dispose of all wood cut; and the right to remove any structures within or projecting into said right of way. Grantor agrees not to erect any building structure on, place or store any materials on, store any vehicles on, grade, excavate, fill or flood said right of way, or otherwise use said right of way in any manner which, in the opinion of Grantee, may interfere with the exercise of the rights and/or easements herein granged, or any of them, or which may create a hazard. Grantor further agrees that nothing shall be attached to the property of Grantee installed by virtue of this easement except such things as are placed thereon by Grantee. Any right h~rein described or granted or any interest therein or part thereof may be assigned to any assignee or asignees of Grantee, its successors and assigns, and Grantor, for itself, its heirs, executors, administratprs, successors and assigns, hereby agrees to and does ratify any such assignment or assignments. : Grantee agrees not to assess a benefit against the land in question as a result of the contruction and/or completion of the facility intended. TO HAVE AND TO HOLD the said granted and bargained easement, privilege, and right of way and its appurtenances to Grantee and its successors and assigns forever, to its and their own proper use and behoof. And Grantor, for itself, its heirs, executors, adminstrators, successors and assigns, covenants with the said Grantee, its successors and assigns, that at and until the ensealing of these presents it is well seized of the premises as a good indefeasible estate in fee simple and has good right to bargain and sell the same in manner and form as is above'written, and that the same is free from all encumbrances whatsoever exept as hereinbefore mentioned. And furthermore, Grantor does by these presents bind itself end its heirs, successors and assigns forever to WARRANT AND DEFEND th~ above granted and bargained premises to Grantee, its successors and assigns, against all claims and demands whatsoever, except as hereinbefore mentioned. The provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, adminstrators, successors and assigns, and whenever used the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHERfI}F, Grantor has hereunto set or caused to be set its hand and seal this 31s~ day of ~A~O~-~ , 19~ STATE OF NEW. YORK) COUNTY OF SUFFOLK) Signed,' ~ealed and Delivered in the Presence of: M,~RY ~. PANKIEWICZ NOTMtY PUBLIC, STALE OF NEW #n ~9.~a~ -- ~R~ CUMMISSION EXPIRES MARCH (L.S.) GADA FAMILY PARTNERSHIP TOWN OF SOUTHOLD EASEMENT For FISHERS ISLAND SEWER DISTRICT 1986 / L ~%Er,%3/00~(]~- I I . ~ AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a municipal corporation with offices at (No 9) Main Road, Southold, Suffolk County, New York, hereinafter 'referred to as "THE TOWN", and RICHARD J. BABCOCK and FREDERICK F. RL%9~ER, doing business as SOUTHOLD GARDENs, a co-partnership with offices at Box 1145, (No 9) Wells Avenue, Southold, New York, hereinafter referred to as "SOUTHOLD GARDENS". ...... -. _~..,~.. W I T N E S S . WHEREAS, SOUTHOLD GARDENS is the owner of property on the north, side of Hill Road West, at Southold, in the Town of Southold, Suffolk County, New York, described as follows: -._ Al~'.tb~t _~t~Sn plot, piece or parcel of land, the bu/l~ings ~imprcv~L=n~thereor~-erected,. situate~Iying, and being in .the Town of Southold, at Scuthold, Oounty of SuffoLk and State of New York, being bounded and de- ---~?-~EGIS~r/NG at a point c~.th~ noztherly side of Hill Road West 200.00 feet ease~rly fron the cozner marked by the int~rsectic~ of the northe~ 'side of-Wel%~ Av~-9/e-and the nu~therly side of Hill l%Dad West, said point of beginning also being the southeasterly corner of Lot %3 on Map of Scuthold -Gardens',-filed-in the S~ffolk County .Clerk's Office c~ May.:7, 1979 as.Map ._ ~6812; fro~ said point of beginning, running aloug the northerly side of Hill Boad Wes~!So/th'.88~ 5Z5.40" East~127.81 feet to the southwesterly side .of Iot ~2 c~ said map; running thence along the westerly side of Lot ~2 North 1 -~'~-20"'~,East 150.00- feet~.~.running-thence North/880_52' _40'~ ~est 127.~1 feet ~alc~g property now or formerly o~ Scutb~ld Gardens to a point on the easterly =-side-~of~I~t 93~--said=filed map; running thence South 1~ ..07' .20" West ~jlf0.00 feet along the easterly side of Lot 93 to the point or place of ':beginn/ng~<cc~taining~-19,1~2 square feet. ,..= JAN .. 81980 WHEREAS, said premises are part of the open space area of the cluster known as "M~p of Sou~h-old Gardens", filed on May. ~,ff;1.97..9 in the office of the Suffolk County Clerk as Map No. 6812 , WHEP~AS, Hill Road West is about to be dedicated to the TOWN, and WHEreAS, there is a drainage problem on Hill ~ad West, resulting in a collection of surface water on Hill Road West adjoining the above-described propert~ of SOUTHOLD C4%RDENS, and W~REAS, SOUTHOLD GARDENS is willing to grant the TOWN a limited easement over the ,~l~::}ve-described premises to help solve the problem by installation and maintenance by the TOWN of surface water drainage facilities and connections for the collection of surface water on said premises. THEREFORE, in consideration of Ten and 00/100 ($10.60)-Dollars and other good. and valuable consideration paid by the TOI~ to ~OIJ"D-IOLD receipt of which is hereby acknowledged, SOUTHOLD GARDENS grants and conveys to the TOWN forever, the right and easement to enter upon ~hk -~bo~-described of SOUTHOLD GARDENS for the purpose of installing and maintaining surface water drainage facilities within the above-described premises, '1~6 b~ connected to the catch basins in front cf said area on Hill Road West, subjec to the following conditions: .'i"-'. ~"- .-"~": ~= c-. . ..... 1. All d.~inage facilities are to be completely under~ound, cover with top soil and g}~ded to the natural contour of the land,--at the expense c the TOWN, and 2. The graded area shall be seeded with grass comparable to the grass on the remainder of the open space -area of SOUTHOLD GARDENS,-'-at-the expense of the TOWN. 3. The above work shall be completed on or before F~.~b-~ua~y~l~ :~9 with the exception of final grading and Seeding which will be completed in t~ Spring of 1980. 4. SOUTH6LD GARDENS agrees to mow said area and otherwise maintain the appearance ~of the _area. 5. The TOWN shall be-responsible for all maintenance of the drainage facilities and connections to the Town drainage system. ' ' ':' ~5. - "i f:-'it' is' ne6&-~sar~:f6r '~ T6WN' to enter' upon th& property to maintain, 3repa~r:'~nd/oP'replace"Said'facilitie~; the TOWN' will promptly"restore the area, including reseeding, to the condition that existed prior to any such entry. In the event that said maintenance~repair and/or.replacement..requires excavation of all or any part of said pr~m~ses, the. TOWN. shall give prior W~itten-n~ice-t~er~ %0 s0u.~0~D ~%RDENS at-the place~as may from:time to time b~ aesignated bySOUTHOLD GARDENS. '=~--'~ '-~ %~':g. In the event that the surface water runoff from Hill Road West results in standing water on the easement area, the TOWN agrees .to take such steps as may be required to correct the condition ...... TO HAVE AND TO HOLD the said right and easement unto the TOWN, its successors and assigns, forever. IN WITNESS WHEREOF, the date hereof. the parties have placed their hands and seals on ~-~r s0mmoLD / ~] ~S/o/~0LD GARDENS RiChard J. Babcock STATE OF NEW YORK, COUNTY OF sUFFOLK ss: ~ of ~'m~ 1979, before me personally came ~'~'~J resides at No. ~C~/ did depose and say that he ~ ; that he is ~.A~ A/~ of TOWN OF soUTHOLD the co~or&~o~ described in and ~hic~ executed the forego£ng inst~ent; be )~o~s ~be seal of s~d co~Or~on; that ~e se~' ~e~ to s~ ~ o~ ~ec~o~s o~ s~ co~o~Et~o~, ~ ~t be s~e~ ~'~ ~e ~e~e~o b~ ~e o~e~. juon"H T. TERRY' Nota~ Public, - . -'-'-0344.963 Suffolk Coun'e~ ORK, ss: July ' 1979, before me personally c~e ~C~ J- ~ ~e 10 day of · ' to B~C~, a c~p~er of SO~O~ ~S, a C~P~tnersh~p, .to me ~o~ be ~e in~vidual descr~ in ~d who executed ~e foregoing ins~ent, a~nowledg~ ~t he executed ~e s~e as a c~P~~er of SOU~O~ G~S. AGREEMENT. BETWEEN TO~ OF SOUTHOLD AND ~ ,. SO~THOLD GARDENS WICKHAM, WICKHAM & BRESSLER, ~.c. January 21, 1980 Judith T. Terry, Town Clerk Town of Southold Town Hall Main Road Southold, New York 11971 Re: Town of Southold and Southold Gardens Dear Judy: Enclosed is a copy of the recorded easement agreement showing the recording information, for your records. ' AAW/hg Enclosure Very truly yours, JUDITH T. TERRY TOWN CLERK P, EGISTRAR OF VITAL STATISTIC~ K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 January 7, 1980 Honorable Arthur J. Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Transmitted herewith for filing in your office is Easement Agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rifler, doing business as Southold Gardens.':-- Also enclosed is check in the amount of '$19.00 to cover filing fee. Please note, Southold Gardens a seal. the Town Seal has been affixed. is a partnership and does not have Very truly yours, Judith T.. Terry Enclosures .,'UDITH T. TERRY TOWN CLERIC REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE ($1~) 765-1801 December 28/ 1979 Honorable Arthur J'.' Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Enclosed herewith is Easement Agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens for ~filing in your office. Also enclosed is check in the amount of $19.00 to cover filing fee. Very truly yours, Judith T. Terry Town Clerk Enclosures (2) /UDITH T. TERRY TOWN CL~RK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 28, 1979 Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: Enclosed herewith is the easement agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens, and a check in the amount of $10.00 for said right and easement. Very truly yours, Judith T. Terry Town Clerk Enclosures (2) ROBERT W. TASK. ER To~n Attorney O FFIC~ ;~'"i~r~O RNEY 425 MAIN ST. GREEN'PORT, L.I., NEW YORK 11944 December 19, 1979 TELEPHONE (516) 477-1400 R -crdvED DEC 2 01919 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Dedication of Hill Road West Easement Agreement with Babcock and Rimmler Dear Judy: Since the Town has accepted dedication of Hill Road West, as soon as the dedication · papers are completed, the original Dedication and Release should be sent to the County Clerk's Office for recording. With respect to the Easement Agreement between the Town and Babcock and Rimmler, the developers of Southold Gardens, it was agreed between Gall Wickham and myself that all construction work relative to the drainage facilities will be complete by February 1, 1980 with the exception of the final grading and seeding which will be completed in the Spring of 1980. I have made these changes in the Easement Agree- ment and the Agreement in duplicate is enclosed herewith. I do not recall whether or not a resolution was adopted authorizing the Town to enter into the Easement ~greement. If so, the Agreement can be signed by the ~upervisor, the corporate seal affixed and a copy sent to Gail Wickham and the original sent to the County Clerk for recording. On the other hand, if no resolution was ~dopted, such a resolution . should be adopted at the December z'ttn meetin~ after which th~Agreement can be signed 0y tn~' Town. I am enclosing herewith a portion of the site plan of Southold Gardens which shows the drainage area. This can be sent to the Superintendent of Highways for his use in constructing the facilities. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures OPEN 'SP,4CE // / / / / -/VUE T~ST HOLES 1 ! H~B~ CENTI~f ~dAT THI~ MAP WAS AND TH~I~ PO~ITION~ ~ ~HR~ AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a municipal corporation with offices at (No $) Main 'Road, Southold, Suffolk County, New York, hereinafter referred to as "THE TOWN", and RICF~RD J. BABCOCK and FREDERICK F. RIMMLER, doing business as SOUTHOLD GARDENS, a co-partnership with offices at Box 1145, (No $) Wells Avenue, Southold, New York, hereinafter referred to as "SOuT~iOLD GARDENS". , W~EREAS, SO~'I'aOLD GARDENS is the owner of property on the north side of Hill Road West, a~ Southold, in the Town of Southold, Suffolk County, New York, described as follows: Ail that certain plot, piece or parcel of land, with the b,~la~ngs and improvements thereon erected, sit,ate, lying and being in the Town of Southold at Scuthold, (Dunty of Suffolk and State of New York, being bounded and de- scribed ~ follows: ~/~RR. Gt~tING at a point on the northerly side of Hill Road West distant 200.00 feet ~-~terly fr~n the cc~_r marked by the in~vsectic~ of side of Wells Avenue and the northerly side of Hill B~ad West, said point of beginning ~1~o being the scuth~-~terly cozner of Lot $3 on M~p of Southold Gardens, filed in tt~ 91~olk Co/nty ~,rk's Office on May 7, 1979 as Map $.6812; frcm said point of. beginning, zunning among the nor~bmrly side of Hill Road West South 88° 52' 40" East 127.81 feet to the southwesterly side of Lot $.2 on said ~m~p; running thence alc~g the westerly side of Lot 07' 20" East 150.00 feet; nmning thence North 88~ 52' 40" West 127.81 feet along property now or foz~erly of Scuthold Gardens to a point on the easterly side of Imt $3 on said filed -~p; running thence South 1, 07' 20" ~st igO.00 feet along the easterly side of Lot ~3 to the point or p~oe of beginning; containing 19,172 S~l~re feet. WHEREAS, said premises are part of the open space area of the cluster subdivision known as "Map of Southold Gardens", filed on May. 7.,:'t9~9 in the office of the Suffolk County Clerk as Map No. 6812 ' , WHEi~EAS, Hill Road West is about to be dedicated to the TOWN, an~ WHEREAS, there is a drainage problem on Hill Pmad West, resulting' in a collection of surface water on Hill Road West adjoining the above-described property of SOUTHOLD GARDENS, and W~REAS, SOUTHOLD GARDENS is willing to grant the TOWN a limited' easement over the above-described premises to' help solve the problem by the installation an~ m~t-tenance by the TOWN of surface water drainage facillt~es and connections for the collection of surface water on said premises. T~REFO~, in consideration of Ten and 00/100 ($10.00) Dollars and' other good and' valuable consideration paid by the TOWN to SOUTHOLD GARDENS, receipt of which is hereby acknowledged, SOUTHOLD GARDENS grants and conveys to the TOWN forever, the right and easement to enter upon the above-described property of SOUTHOLD GARDENS for the purpose of installing and maintaining surface water drainage facilities within the above-described .premises, to connected to the catch basins in front of said area on Hill Road West, subject to the following conditions; 1. All drainage facilities are to be completely underground, covered with top soil and graded to the natural contour of the land, at the expense of the TOWN, and 2. The graded area shall be seeded with grass comparable to the grass on the remainder of the open space area of SOUTHOLD GARDENS, at the expense of the TOWN. 3. The above work shall be completed on or before February. with the exception of final gradin~ and .seeding which will be completed in the Spring of 1980. 4. SOUTHOLD GARDENS agrees to mow said area and otherwise maintain the appearance of the area. The TOWN shall be responsible for all maintenance of the drainage facilities and connections to the Town drainage system. 5. ~f it is necessary for the TOWN to enter upon the property to ~ntain, repair and/or replace s~id facilit/es, the TOWN will promptly restore the area,.including reseeding, to the condition that existed prior to any such entry~ In the event that-said maintenance, repair and/or replacement requires excavation of all or any part of said premises, the TOWN shall give prior written notice thereof to SOUTHOLD GARDENS at the place as may from time to time be designated by SOUTHOLD GARDENS. ~. In the event that the surface water runoff from Hill Road West results in standing water on the easement area, the TOWN agrees to take such steps as may be required to correct the condition. TO HAVE AND TO HOLD the said right and easement unto the TOWN, its successors and assigns, forever. IN WITNESS WHEP~OF, the parties have placed their hands and seals on the date hereof. D GARDENS l~icha~d J. Babcock STATE OF NEW YORK, C(%UNTY OF SUFFOLK SS: On the ~+-~da¥ ~f~e~ 1979, before ~e ~ did depose and say that he resides at No. the corporation desa~.Lbed in and which executed the he knows the seal of said corporation; that the seal instrtunent is such COrporate seal; that it was so affixed by order of 'the - board of directors of said corporation, and.that he signed hfs marne, thereto by like order. Notary Public ~ JUDITH T. TERE¥ Notary Public, State of New Yore No. 52-C344963 Suffolk County STATE OF NEW YORK, COUNTY OF SLTFFOLI~ ss: Commission F~pires March3n~7/ On the !0 day of July 1979, before me personally came RICHARD J. BABCOCK, a co-partner of SOUTHOLD GARDENS, a Co-Partnership, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same as a cpTDartner_ of~SOUTHOLD GARDENS. - - 0 N0ta~y fublic - ABIgAIl' A. WICKHAM N0tapy Public, State of New York No. 52-46~2871 Qualified in Suffo k County Te~m Expires March SO. 19 ~J JUDITH T. TERRY OFFICE OF THE TOWN CLERK TOWN OF SO~HO~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELE?HONE (516) 765-1801 December 4, 1989 Anthony G. Langella New business Department Long Island Lighting Company 600 Doctors Path - RD 2 Riverhead, New York 11901 Re: Liberty Avenue, Southold, NY LILCO Ref. #30572-94 Dear Mr. Langella: Per the instrt~ctions in your letter of November 8, 1989, transmitted herewith is the original and first copy of the easement between the Town of Southold and LILCO for the insulation of a single phase overhead electric line to serve a new residence at the above location. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures /UDITH T. TERRY TOWN CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX ($16) 765-1823 T~L~{ONE (~6) 76S-~80~ THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON NOVEMBER 28, 1989: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Francis J. Murphy to execute an Electric Easement between the Town of Southold and Long Island Lighting Company over Town property located at Southold, at the intersection of Liberty Lane and colonial Road, over a Town-owned 20 ft. right-of-way, to the affordable housing program lot of Janet Perez, all in accordance with the approval of Town Attorney Schondebare. Judith T. Terry Southold Town Clerk December 1, 1989 LONG ISLAND LIGI-n-ING COMP/ad~Y DL~e~ D~1Numh~: 548-7041 November 8, 1989 Ms. Joanne Perez c/o North Fork Housing Alliance 2nd Street Greenport, New York 11944 Re: Liberty Avenue, Southold, NY LtLCO Ref. #30572-94 Dear Ms. Perez: This is in regard to the installation of a single phase overhead electric line to serve a new residence at the above location. At your request, we propose to install this line beginning at pole #6 on the northeast corner of Liberty Lane and Colonial Road, and continuing northerly 100 feet to proposed pole #6A, together with a three wire overhead service lateral of 38 feet to the building. Our charge for this installation is $154.80, which includes a 7.50 percent sales tax of $10.80. If this is satisfactory to you, please forward your check in the first amount to this office so that we may issue our orders. Inasmuch as the property between poles #6 and 6A is owned by the Town of Southold, we must be provided with a free, permanent easement from them prior to the installation of our facilities. Enclosed are an original and two copies of said instrument between the Town of Southold as property owner and grantor, and LILCO, the grantee. Please have each of these signed on the second pages and notarized in BLACK INK on the backs.of the jackets. After the easement has been executed, please return the original and first copy to this office. The second copy should be kept by the Town for their record. If you have any questions in regard to this matter, please contact Mr. A. Dembinsky of our office at 548-7024. AGL/vn Enc. Dist.-1000 Sect.- 079 8lock- 06 Lot- 5 ELECTRIC EASEMENT THIS INDENTURE, made the day of , 1989, between TOWN OF SO[PI~iOLD, Town Hall, Main Road (No #), Southold, New York, the grantor and LONG ISLAI~D LIGHTING COMPANY, a corporation duly organized and existing under and by virtue of the Laws of the State of New York, having its principal office at 175 East Old Country Road, Hicksville, New York, the grantee, WITNESSETH, that the grantor, in consideration of the sum of One ($1.00) Dollar lawful money of the United States and other good and valuable consideration paid by the grantee, does hereby grant and release. unto the grantee, it successors and assigns, forever, easements and rights-of-way on, over, under, across, through and along certain portions of the land of the grantor shown on map of said land entitled "Survey of Property at Bayview", lying and being in Southold, Town of Southold, County of Suffolk, State of New York. A copy of said map, on which are now shown the location and width of the said easements and rights-of-way herein granted, is attached hereto and made a part hereof as "Exhibit A". Said easements and rights-of-way herein granted include the following rights and privileges: FIRST: To construct, reconstruct, relocate, operate, repair, maintain and, at its pleasure, remove single lines of poles including so many poles and such cross-arms, guys, stubs, anchors, cables, wires, fixtures, transformers and other apparatus on said poles as said grantee may now and from time to time deem necessary, and to construct, reconstruct, relocate, operate, repair, maintain and, at its pleasure, remove underground electric conduit systems, together with the necessary manholes and accessories as said grantee may now and from time to time deem necessary. SECOND: To attach to the electric distribution lines erected or to be erected thereon other wires for the purpose of providing electric service to consumers upon property adjacent td said easements and rights-of-way. THIRD: To trim from time to time any trees along said lines so that the lines and wires thereon may be clear by at least forty-eight (48) inches on either side. FOURTH: To permit the attachment of wires and'facilities of public utility companies or others and to convey to such other companies an interest in the easements and rights-of-way herein granted. 20-30572-940-524-370 ELECTRIC EASEMENT FI~"I~: To permit such access from the street over the balance of the grantor's property as is necessary for the enjoyment of the easements and rights-of-way herein granted. The poles, cross-arms, guys, anchors, cables, conduits, manholes, vaults, vents and other apparatus as from time to time installed, constructed and maintained by the grantee shall at all times be and remain the property of the grantee, its successors and assigns. The grantor covenants that it is seized of the said land and, for itself, its successors and assigns, forever warrants its title thereto and will defend the easements and rights-of-way herein granted, forever, against all lawful claims and demands. The easements and rights-of-way herein granted are exclusive and shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has duly executed this deed the day and year first above written. TOWN OF SOU~HOLD F_.RVI~R AREA · 1.1214 acm8 'P.O. BOX 909 MAIN ROAD ~LIC. NO. 49668 PROP R.QW. AREA Z,O00 Sq. Ft. LOT NUMBERS,PARt( & RECREATION RESERVATIO~ AREA BHOW ON MI/lOll SUBDIVISION MADE FOB MICHAE1 WEIIfSTEIN. o/ SURVEY OF PROPERTY AT BAYVIEW TOWN OF S~HOLD SUFFOLK C.O~o~Y, N.Y I000 07 9 - 3. T SCALE I"= 50' OCT. Z6,1988 APR. 7, 1989 Sept. l~, 19~g(fourm[ IoGJ STATE OF NEW YORK ) ) SS.; COUNTY OF SUFFOLK ) On the28th day of November , one thousand nine hundred and eighty-nine , before me came FRANCIS J. MURPHY to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YORK ) ) SS,: COUNTY OF ) On the day of , one thousand nine hundred and , before me came , to me known, who being by me duly sworn, did depose and say that he resides at in ; that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of of said corporation, and that he signed h name thereto by like order. 6 AGPd~EMENT, made this ~Tday of September, 1989, by and between TOWN OF SOUTHOLD, a municipal corporation with offices at Main Road, Southampton, New York, ("Town") and NORTH FORK HOUSING ALLIANCE, a not-for-profit corporation with offices at 110 South Street, Greenport, New York. The parties to this Agreement are owners of adjoining parcels of real property hereinafter described and these parcels of property have a common boundary. As a part of its affordable housing program, the Town of Southold has deeded to the North Fork Housing Alliance lands for the development of affordable housing. The real property described in this agreement does not have frontage on a public road. To render this parcel accessible, the Town wishes to grant a twenty foot (20') wide right of way to the North Fork Housing Alliance and its successors to permit access to this parcel. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration the parties agree hereto as follows: 1. The Town of Southold represents that it is the fee owner of premises identified as Suffolk County Tax Map No. 1000-079-06- located at the northeast corner of Liberty Lane and Colonial Road within the Town of Southold. The deed to these premises, granting title to the Town of Southold, was duly recorded in the Office of the Clerk of the County of Suffolk on the /~ay of ~/,~ ~ / , 19y~in Liber~7~ page 2. The Town of Southold hereby grants to the North Fork Housing Alliance, the owners of the parcel of realty adjoining the above-described parcel on its northern boundary which said adjacent parcel of land is designated on the Suffolk County Tax Map as number 1000-079-06-3.7, an easement for the purposes of permitting ingress and egress of persons and motor vehicles and permitting the installation of all telephone, electric, water, sewage or cable television lines either above ground or below, over a twenty foot (20') right of way, which consists of a strip of land twenty feet (20') wide and one hundred feet (100') long and running in a northerly direction and which is entirely located on the property owned by the Town of Southold described above, said right of way being more particularly described as: BEGINNING at a point along the northerly boundary of liberty lane located north 57° 34' 10" west a distance of 8.16 feet from the northeasterly corner of the intersection of Colonial Road and Liberty Lane running thence along the northerly boundary of Liberty Lane north 57° 34' 10" west a distance of ~0 feet thence north 32° 25' 50" east 100.00 feet to the lands of the North Fork Housing Alliance thence along said lands south 57° 34' 10" east a distance of south 32° 25' 50" west a distance of point or place of beginning. 20.00 feet thence 100.00 feet to the The grantees herein and their heirs, successors and assigns do hereby covenant and agree to pay for the costs of the maintenance and repair of the right of way on the condition that the Town of Southold refrains from any act which will impair the -2- use of the right of way as a means of ingress and egress for persons and motor vehicles and for the installation of the above-described utilities over or under the right of way and to the rear of the premises. The Town of Southold hereby covenants and agrees that it will do nothing to impair the use of said right of way. Md will not obstruct the co--on driveway nor interfere with the use of the right of way. IN WI~ESS WHE~OF, the Town of Southold has duly executed this instr~ent the day and year first above written. TOM OF SOUTHO~ STATE OF NEW YORK CO TY OF SUFFO .K On the ~day ss. l~hy., Supervisor of September, 1989, before me personally came Francis Murphy to me known, who, being by me duly sworn, did depose and say that he resides at ~/~.~/~/~_C .~- , ;~r,Q?~¢~~, New York, that he is th~ Supervisor of the Town of Southold, the municipal corporation described in and which executed the foregoing instrument; that he k~ows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation and that he signed his named thereto by like order. N~tary Publid -3- / ~o ,- ,.'-L./ / * " ..... ~/ ® / ' ~.; .' )..~ ~ ~ ~ ............. .~., . ~' . '~, /~, .., '~,,o~'~ / ~ / /. ~ " ~s~ ~ ~ ~99 / · .. ' '~%~ ~ ,~. . '~0N oi~i ~ / ~ ~L'~ .... . - . "% % ".- .., ~ ~.. ,. ~ ~:.~ ' "~ ~ / '*' ."- ~ /~ ~ ~o~ / ~ ~' ~0~ ' ' ~ o ~ /.%...0. ~, ..Z~,..&~ 0... ,_ . ~ . ,.,~,4 ~,,, ~ ~ ' "%,,, ~7~.- .;:..~-' /.~ ,. '--.-.. ~ ~ ~ ,~~Z~}~,..,,::~ u /.~..- ~. SURVEY OF PROPERT~ ~ ~~~~ ',:W B AY VIE ~V ~ ~:' ~'/ .Z "" TOWN OF SOUTHOLD ~ ">;~%' "*'. ~;' ~;/ .C SUFFOLK COUNTY, N.Y ,ooo_o,,_o,. · :~ PROP ROW AREA= ~ ~ SCALE ", 50' ~ ~ OCT 26 ,1988 II~[~ i~'~;T '~¥, / ~. i ~,oo ~/- A~ ~, -~~, ~ / ..¢ / .. ~/ , ~. 88 -6Z7 !~ '~ ..... :'! 9 lC"'9 T~H,M~IN STREET May 21, 1992 Matthew G. Kiernan, Esq. Deputy Town Attorney Town of Southold 53095 Main Road PO Box 1179 Southold, New York 11971 Re: Deed of Easement to Jo~nne Perez Dear Matt: The above-referenced issue over the access from the public road to the property of Joanne Perez has not been resolved. I enclose my prior letter of November 21st to you regarding the Town's request for payment for the right-of-way over this lot contrary to the prior Town Board's understanding. Please let me know how the Town Board plans to proceed with respect to this property. PER:JML Enclosure P. Edward Reale cc: Jim MacMahon North Fork Housing Alliance, John L. Hiller, Esq. Inc.