HomeMy WebLinkAboutLUTHER'S ROADTO THE TO~N SUPERINTENDENT OF HIGHT~YS OF THE TOWN
OF SOUTHOLD, COUNTY OF SUFFOLK, ~EW YORE:
The undersized, a domestic corporation of ~he
State of ~ew York, having its principal office at
Broadway,in the Borough of _w_anhattan, City and State of
New York, ~nd purchaser in possession of certain premi-
ses in the Town of $outhold, Suffolk 0ounty, New York,
bordering on Long Island Sound and lying on both sides
of the hiEhway know~ ms Luthers Road, hereby m~kes appli-
cation for itself, its successors and mssigns, for per-
mission to erect and maintain over and across the said
highway known as Luthers Road between the premises oWned
by it lying on both the Easterly and Westerly sides of
said Luthers Eoad~ either
(A) Tr~cks or iron rails forming a trackwmy or
tramway for the conveyance of carloads of sand and
g~avel and other materials from the Westerly side of
Luthers Road to the Easterly side of Luthers Road,
and or
(B) The right and privilege of erecting an
overhead t=aokway, tramway or carrier for the con-
veyance of such materials from the Westerly side of
said Road to the Easterly side thereof~
pursuant to the provisions of Section ~0 of the Highway
The portion of such highway wherein ~ach work is
to be performed is described as follows:
That portion of Luthers Road lying between the
Southerly boundary line of the portion of the premises
owned by it zt a Doint marked by a monument set in the
Easterly side of said highway on the
boundary line between lauds owned by
H. ~icher~ and the Northerly end of Said highway
Westerly end of the
it and land of Joseph
terminating
at high water mark of Long Island Sound,
PROVIDED, if such permission is g~anted that the
said BREAKWATER HOLDING OORPOHATION, its successors ~nd
assigns shall properly guard and protect the said Town
of Southold and the Public against any acci'dent, damage
or injury caused by the existence of said trackway ~nd/or
overhead railway or ca, tier and shall save the said Town
harmless from any suit or claim by reason of the erection
and maintenance of said trackway and/or overhead railway
PROV~IDED FURTHER, that said trackwm¥ and/or over-
head railway or oar=ie~ shall be so maintained so as not
to obstruct traffic, or interfere with the use by the
Public, of said high~¥, and
PROVIDED Fb~THER, that if the level of said high-
way if changed, or its surface is improved, that the said
BREAKWATER HOLDING CORPORATION, its successors and assigns,
will so chmnge its oF their trackway a~ud/or overhead rail-
way or ca, tier to conform with the changed conditions ne-
cessitated by such improvement in said highway and shall
not hold the said Town o~ $outhold liable fo= any damages
in connection therewith.
The said Highway is a Tow~ Highway which has not
bee~ improve~d by State or Cowry aid.
Dated, this~ y ~_~ day of Nay, l@~0o
BREAKWATER HOLDING CORPORATION
Appli cant.
State of New York
Gouuty of New York
On this- 7~- day of May~ i950, be£oz-e me
eame JOSEPH SGEOENBAUI~, to me known, who, being by me
duly swom~, aid depose ~d s~y, that he ~esides in the
Bo=o~ of Brooklyn, Oity of New Yo~k; that he is the
President of B~KVfAT~ HO~ING CO.OPTION, the co~
~ion described in, ~d which ~ecuted the fo~egoi~
inst=~ent; that he ~ow~ the se~l of s~d corporation;
that the ze~ ~ffi~ed to said inst=~ent is ~ch co.po-
rate se~; thmt it ~s so affixed by orde= of the bo~d
of directors, of s~d corpo=m¢ion, ~d ~uat he si~ed
hi~ n~e thereto by like o=de~
The undersigned, The Town Superintendent of High-
ways, of the Town of Southold, County of Suffolk and
State of New York, upon the w~itten application of
BREAEWATER HOLDING CORPORATION, dated on the 7~ chty
of Nay, 1930, and filed with him, as provided by Section
60 of the Highway Law, hereby grants permission to said
applicant, for itself, its successors and assigns, to
erect and maintain over and across the said highway known
as Luthers Road between the premises owned by said appli-
cant lying on both the Easterly and Westerly sides of
said Luthers Road, either
(A) Tracks or iron rails forming a trackw~y or
tramway for the conveyance of carloads of sand and
g~avel and other materials from the Westerly side of
Luthers Road to the Easterly side of Luthers Road,
and or
(B) The right and privilege of erecting an
overhead traokway~ tramway or ca. tier for the con-
veyance of such materials from the Westerly side of
said Road to the Easterly side thereof.
The portion of such highway v~erein such work is
to be performed is described as follows:
That portion of Luthers Road lying between the
Southerly boundary line of the portion of the premises
owned by BREAKWATER HOLDING C01~PORATION at a point marked
by a monument set in the Easterly side of said highway
on the Westerly end of the boundary line between lands
owned by BREAEWATER HOLDING C01~POBATION and land of Joseph
H. Wichert and the Northerly end of said highway tex~ninat-
lng at high water mark of Long Island Sound.
This permit is granted subject to the following
conditions:
1.
performed in a manner satisfactory ,to
The work authorized by this permit shall be
the town superintende~
~. The applicant is to keep in good repair all
tracks, tramways, overhead tracks, tramways and ca,tiers
or appurtenances which may be placed within the bounds of
the highway under terms of this permit and is t o save the
Town harmless from all dama,~es which may accrue by reason
of their location in the highway, and upon notice by tho
town superintendent agrees to make any repairs required
for the protection and preservation of the highway; and
further agrees that upon the failure of the applicant to
make such repairs they may be made by the town superintend-
ent at the expense of the applicant and such expense shall
be a prior lien upon the land benefited by the use of the
highway for such appurtenances or tramways.
~. If the tracks, tramway, construction or
purtenances as laid or erected under this permit are
placed in a Town road they shall be so placed as not to
interfere with public travel upon the highway, and the
earth removed must be replaced, and the highway left in
all respects in as good condition as before the wc~k
was performed.
4. If the work performed is on a road which has
been improved by State aid such track, tramway, construc-
tion or appumtenances must be placed in such a manner as
in no way to interfere with the macadam, concrete or other
surface, shoulders or other drainage ditches. Upon the
completion of the work the highway shall be left in as
good condition as before the work was performed and to
the satisfaction of the County Superintendent.
5. It is agreed by the applicant that any in-
ju~y to the macad=m, concrete or other surface of said
highway which may occur hereafter by reason of the laCing
of said tracks, tramways or appurtenances shall be repaired
by and at the expense of the applicant to the satisfaction
of the county superintendent.
6. The said town superintendent may, upon the
failure of the applicant to comply with any of the condi-
tions contained herein, revoke this permit and remove any
tracks, tramways, construction or appurtenances which may
have been placed in the highway under this permit.
7. If the road upon which this permit is issued
should be hereafter improved by State aid as a State or
0ounty highway, it is agreed that the applicant Shall,
before its improvement at the applicant's own expense,
remove said tracks, tramways or appurtenances which may
be placed under this permit and will relay the same in
conformity with the directions of the engineer in charge
of such improvement and in accordance with the rules and
regulations prescribed by the State Department of Highways.
Dated, May ~ 1930.
Town Superintendent.
The undersigned hereby agrees to conform to the
conditions ccutained in the foregoing permit.
BREAKWATER HOLDING 00RPOI~ATION
Applicamt.
The undersi~ned, members of the Town Board of
the Town of Southold hereby consent to the g~anting of
the foregoing
Town Clerk
Justices
of the
Peace o
Dated, this ~/~da~r of ~ay, 19,30o
APPROVED:
County Superintendent
-4-
TO TI~E TOV~[ SU~dRI~[TE3UDENT O~ RIGHWAY3 AI~) TO TPLE TOWN
BOA!~D OF THE TOWN OF SOUTHOLD, COb~TY OF
YORK:
RACHEL ~. O. ~ARD residing at 255 East Sidney
Avenue, Meant Vernon, N.Y., and owner of certain premises
in the Town of Scuthold, Suffolk Coanty, New York, bor-
dering on Long Island Sound, a~d lying on both sides of
the highway known as Luthers Road, hereby consents that
an application be made pursuant to the provisions of Sec-
tion 60 of the Highway Law by James H. Rambo, a resident
of said Town, or by Breakwater Holding Corporation, a cor-
poration of New York, or both, for permission to erect and
maintain over and across said highway known as Luthers
Road, between the premises owned by her lying on both the
easterly and westerly sides of ~id Lathers Read, either
(a) Tracks er iron~ rails forming a trackway or
tramway for the conveyance of carloads of sand and gravel
and other materials from the Westerly side of Luthers Road
to t~e Easterly side of L~thers Road, and or
(b) The right and privilege of erecting an over-
head trackway er tramway for the conveyance of such ma-
terials from the Westerly side of said Read to the Easter-
ly side thereof,
over and across the portion of said Luthers Road described
as follows:
That pcrtion of Luthers Road lying between the
southerly boundary line of the premises owned by the under-
signed at a point m~rked by a monument set in the easterly
side of said highway en the westerly end cf the boundary
line between lands owned by the andersigned and land of
Joseph H. Wichert and the northerly end of said highway
terminating at high water mark of Long island Sound.
IN WI~,~ESS ~rH~REO? I have hereunto subscribed my
name this 7th day of gay, 1930.
In presence of:
STATE C? ~q~W YORK,
~ ~ ~ ,On ~be ~ ~ ~ day o~ M&3,, 19~0~ before me
c~e~ ....... ~ - the s~bscrzbzng wztness to t~]e
foreseeing instrument,. ,~it~ whom ~ ~7] personally acqdainted,
who, beinfj.~ ~....,..._ . . ..~~y me d~ly~sw6rn, did dmoose
resides i~ ~~~'~~ ; that
~e ]~cws ~C~L~'~ ~' '~ ~--~ ~' - ~'~'..0. ~'~A~ to be the~i~div~al ~scribed
in, arid who execated, t~e'fe'r~'Eol~g~ir]str~ment; that he,
said s~bscribind: ~)itness, was present and sa3~ her execute
t~e same; and t~m.t be, said witness, at tl]e same tize sab-
scribed f~is name as witness t.~ereto.
APPLI 0ATION OF
BREAKWATER HOLDING CORPORATION,
for a permit to use the highway
known as LUTHERS ROAD, in the
Tow~ of Southold, Suffolk 0ounty,
New York, to erect a track or
tramway across said LUTHER8
ROAD a public highway in the
Town of Southold.
DATED: MAY
1930.
PERMIT OF THE
SUPERINTENDENT OF HIGHWAYS to
use the highway known as LUTHERS
ROAD, in the Town of Southold,
Suffolk aount¥, New York, to
erect a-track or tramway across
se/d L~HERS ~,OAD a public high-
way in the Town of gouthOld,
DATED: }/AY ~ 1930.