HomeMy WebLinkAboutMattituck Park District 1000-126.-6-18 RESOLUTION 2022-975
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ADOPTED DOC iD:-1 86h
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-975 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 13,2022:
RESOLVED,the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Scott A. Russell to execute an Easement Agreement granting Southold Town an easement over a
certain unimproved section of property owned by The Mattituck Park District and located at the
corner of Peconic Bay Blvd and Bay Avenue,Mattituck,New York, identified as tax map
41000-126.00-06.00-018.000 as depicted on a survey by LKMA dated December 7,2022,
subject to the approval of the Town Attorney.
Denis Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sarah E.Nappa, Councilwoman
SECONDER:Greg Doroski, Councilman
AYES: Nappa,Doroski,'Mealy, Doherty, Evans, Russell
� ry
APR 2 8 2023
south 1, �1'cwn CfeC�r
Office of the Town Attorney
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: April 27, 2023
Subject: Drainage Easement w/ Mattituck Park District
With respect to the above-referenced matter, I am enclosing the original Agreement
together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call me.
Thank you.
/mm
Enclosures
cc: Accounting
Engineering
x
Grant of Drainage Easement
THIS INDENTURE, made this qday of N L, 2023, between the MATTITUCK PARK
DISTRICT, a municipal corporation with offices located at 11280 Great Peconic Bay Blvd
Mattituck, New York, hereinafter the "GRANTOR", and the TOWN OF SOUTHOLD, a
municipal corporation with offices located at 53095 Route 25, Southold, New York,
hereinafter the "GRANTEE";
WHEREAS the GRANTOR owns that certain vacant, undeveloped real property
located on the south side of Peconic Bay Boulevard in Mattituck, New York and known as
SCTM No. 1000-126.00-06.00-018.000; and
i WHEREAS, the GRANTEE owns and maintains the adjacent public roadway known
as Peconic Bay Boulevard, which is prone to flooding in the vicinity of the said vacant
parcel of land owned by the GRANTOR and identified as SCTM No. 1000-126.00-06.00-
018.000; and
WHEREAS, to alleviate the said flooding on and around Peconic Bay Boulevard,
the GRANTEE has requested from the GRANTOR that a drainage easement be established
upon a portion of the aforesaid vacant parcel (Easement Property) owned by the
GRANTOR for the purpose of the maintenance of a drainage pipe and appurtenant
drainage facilities on and through the property more particularly described as the 10' by
100' area at the Northeast corner of GRANTOR'S parcel and depicted in Exhibit A
("Easement Property"), attached hereto and incorporated herein; and
WHEREAS, GRANTOR is willing to grant an easement to GRANTEE for the
aforesaid purposes on certain terms and conditions; and
NOW, THEREFORE, for good and valuable consideration by GRANTEE to
GRANTOR, the covenants of GRANTEE herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, GRANTOR
does hereby grant, and for and in consideration of the easement rights herein granted and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, GRANTEE does hereby covenant and agree as follows:
f. Grant of Easement.
GRANTOR does hereby grant and convey unto GRANTEE, its successors,
assigns, lessees, licensees and agents, an easement under and through the
Easement Property, for the purpose of providing the maintenance of a drainage
pipe and appurtenant drainage facilities. GRANTEE shall also have the specific
rights of ingress and egress, consistent with this Easement Agreement, for the
construction, reconstruction, operation and maintenance of a drainage pipe and
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appurtenant drainage facilities, consistent with the easement provided herein.
Subject to the other terms and conditions of this Easement Agreement,
GRANTEE shall also have the right to remove impediments to the operation and
maintenance of the Easement Property such as trees, asphalt and sidewalks.
GRANTEE further agrees all construction, reconstruction, operation,
maintenance, removal and any other activities which disturb the Easement
Property will be coordinated with GRANTOR so as to minimize any disruption
to GRANTOR's property.
ll. Unencumbered Title.
GRANTOR warrants that the Easement Property granted herein is granted free
and clear of all liens and encumbrances.
III. Operation and Maintenance.
a. The operation and maintenance of the drainage facilities described herein and
located within the Easement Property shall be the responsibility of the GRANTEE;
provided, however, that GRANTOR shall have the right to maintain the Easement Property
in the event GRANTOR, in its sole discretion, determines to enter the Easement Property
for the operation and/or maintenance of the Easement Property as set forth in subsection
"b" below. The GRANTEE acknowledges and agrees that the GRANTOR has the right to
enter the Easement Property to maintain and operate the drainage facilities in the manner
described herein.
b. If GRANTEE fails to adequately maintain the drainage facilities located within
the Easement Property, and within fourteen (14) days after the date of
written notice from GRANTOR, fails to correct the maintenance problem, or fails to clean,
cure or correct such problem within fourteen (14) days if such problem can be reasonably
cleaned, cured or corrected within fourteen (14) days, and fails to diligently prosecute
such cleaning, cure or correction to completion, then GRANTOR may do so as provided
herein. Notwithstanding the foregoing, GRANTOR may, in the event of an emergency, as
determined by GRANTOR in its sole discretion, clean, cure or correct any damage caused
by GRANTEE's failure to adequately maintain the drainage facilities located within the
Easement.
IV. Covenants of GRANTEE.
GRANTEE hereby represents, covenants and warrants in favor of
GRANTOR, and its successors and assigns, as follows:
a. GRANTEE shall protect the Easement Property, and the adjacent lands of
GRANTOR over which GRANTEE has rights of ingress and egress, from damage
caused, in whole or in part, by acts or omissions of GRANTEE, its employees,
agents, contractors, subcontractors, assigns, lessees, licensees and agents.
b. GRANTEE shall not cause or permit to be caused by any of its employees,
agents, contractors, subcontractors, successors, assigns, lessees or licensees, any
hazardous substances or hazardous waste, including, but not limited to, asbestos
and/or any pollutants or toxic pollutants, to be dumped, spilled, released,
permanently stored or deposited on, over or beneath the Easement Property or any
other lands owned by GRANTOR.
V. Retained Rights.
GRANTOR shall have all rights to the Easement Property not granted hereby.
VI. Miscellaneous.
a. Except as otherwise expressly provided herein, all provisions herein contained,
including the benefits, burdens and covenants, are intended to run with the land
and shall be binding upon and inure to the benefit of the respective successors and
assigns of the parties hereto.
b. This easement constitutes all of the agreements, understandings and promises
between the parties hereto, with respect to the subject matter hereof.
c. This easement shall be of no force and effect until this easement is duly and
validly executed by all parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of
the date and year first above written.
GRANTOR: MATTITUCK PARK DISTRICT GRANTEE: TOWN OF SOUTHOLD
By: By:
Kevin Byrne, Com 14sioner and Chair Sup&Noncarrow,
ll
ATTEST: A Stephen F. Kiely, MPD Counsel ennis Town Clerk
I �1DE� CI pf�IC.
P��CA95 MAP OF
G �' PROPERTY
OF
MATTITUCK PARK DISTRICT
I $O 6�13? LOCATED AT
G �P PROPOSED 10' WIDE ` MATTITUCK
DRAINAGE EASEMENT TOWN OF SOUTHOLD
�GO SUFFOLK COUNTY,NEW YORK
SUFFOLK COUNTY REAL PROPERTY TAXMAP
DISTRICT 1000
SECTION 126.00
06.00
-L LOTCK 018.000
COW.
NDN NOTES
BOB'V ya
� 1. MEASUREMENTS ARE INACCORDANCE WITH U.S STANOAROS.
j p0 G 2, THE HORIZONTAL DATUM IS IN THE NEW YORKSTAMPLANE COORDINATE SYSTEM,
NAD83(2071).LONG ISLAND ZONE.
/ J. UNAUTNORIZEDALTERATION OR ADDITION TDA SURVEYMAPBEARINGA
\ ` O UCENSEDLANDSURVEYOR'SSEAL IS AVfiCLAnONOFSF.tnW72O%SURONISION
\ Z OF THENEW YORKSTATE EDUCATION LA W.
10'Ylide Drainage Easement Description 4. ONLYCOPIES FROM THE ORIGINAL OF THIS SURVEYMARKED WITIHAN ORIGINAL OF
THELAND SURVEYORS'EMBOSSED'OR'INKED'SEAL SHALL BE CONSIDERED TO
BE VALID TRUE COPIES
Alf that certain plot,piece or parcel,County
situate,tying and
being at Metbtuck,Town of Southold,County ofSuflolk,State of S. CERT1FIN
NACCICAANCE MTC TEDNEREON SIGNIHE EXISTING CODE F HAT THIS PRACTICEFRVEY WAS OR LANDSRV PARED
New York,said easement being more particularly bounded and ADAOPTED BYTHE NEW YORK STATEASSOCIAnONAOF PROFESSIONAL LAND
described BS,odows: SURVEYORS SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON FOR WHOM
\ THE SURVEY IS PREPAREDAND ON HIS BEHALF TO THE TITLE COMPANY.
Beginning ata concrete monument at the comer formed the \ GOVERNMENTALAGENCYAND LENOWGINSTITUnONUSTEDNEREONAND TO THE
B
g g y ASSIGNEESOFTHELENDINGINSTITUTION CERTIFICATIONSARENOT
intersection cine southerty line ofPeconic Bay Boulevard Wit \ TRANSFERABLETOADDMONALINSTMMONSORSUBSEOUENTOWNERS
to westerly lire of Bay Avenue. 6. wGHTS-OF•wavnorSHOWNARENOTCERnFISD.
Thence ScurT26'20'08'Eastalong said westerly tine ofBay 7. THESURVEYCLOSESMATHEMAnCALLY.
Avenue,a distance of 10.00 feet to a point; Z
Thence,through the land Of the Town of Southold the following ww,
two(2)tours,,;and distances:
1. Sq:.'.i 64'32'52'West a distance of 100.15 feet to a
point-thence
2. Not;,'?25'27'08'West,a distance of 10.00 feet to to A'F LSo4o 0
(rstrrentioned southerlyline ofPeconit Bay Boulevard,'
Thence,Noah 64'32'52'East,along said southerly line of r /a
Peconlc Bay Fouiavard,a distance of 100.00 feel t0 the point or ,
place ofbegitming. /$—I
Drainages.ant being 1,001*/-square feet or 0.023 acre,more \orless.
Part of Suffolk County Tax Map No.1000-126.00-06.00-018.000. // N\'(\J DArB I BY I DESCRIPTION APPROV.9Y
G�\ REVISIONS
Town of Southold
GRAPHIC SCALE SutfOlk Co
, New York
QVeterans Memorial Park
eo o Jo Bo 120 xao
\ Mattituck
\
>>61 1 hereby certify that this map was made from an actual survey DRAINAGE EASEMENT
completed by me on 10/142022. L. K. MCLEAN ASSOCIATES, P.C.
/ t CONSULTING ENGINEERS h LAND SURVEYORS
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1 inch 80 It.
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