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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.