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HomeMy WebLinkAboutKrupski, Albert J. Jr.JUDITH T. TERRY TOV~N CLERK OFFICE OF THE TOWN CLERK TOWN OFSOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHoI~ (51~) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECI~IBER ]O, 1996r RESOLVED that the Town Board of the Town of $outhold hereby authorizes and directs Supervisor Jean W. Cochran to execute an agreement between Albert J. Krupski, Jr. and the Town of Southoid for an easement over the Krupski land located on the west side of Skurik Lane, Cutchogue, for a ten (lQ) year period, December lO, 1996 through December 10, 2006, for an annual sum of $800.00; said agreement all in',, accoroance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk December 11, 1996 THIS AGREEMENT, made this 10th day of December , 1996, between ALBERT J. KRUPSKI, JR., residing at 2790 Skunk Lane, Cutchogue, New York, hereinafter referred to as the "Grantor~, and the TOWN OF SOUTHOLD, a municipal corporation of the State of New YorK, having its principal office at Main Road, Southotd, New York, hereinafter referred to as the "Grantee". WHEREAS. the Grantor is the owner ~n fee of the premises located on the west side of Skunk Lane also known as Bay Avenue at Cutchogue, Town of Southold County of Suffolk and State of New York, being the same premises acquired by the Grantor by deed dated April 1 1983 and recorded in the Suffolk County Clerk's Office on April 13, 1983 in Libor 9341 of deeds at page 591. said premises being shown and designated on the Suffolk County Tax Map as District 1000, Section 097, Block 08, Lot 031.00: and WHEREAS, the Grantee. for highway drainage purposes, has constructed catch basins in the shoulder of Skunk Lane also known as Bay Avenue and installed underground pipes to extend from said catch basins in a westerly direction through the premises of Gilbert to discharge surface waters into a pond located on the premises of Gilbert. and also has installed underground pipes from the southerly side of said pond to extend in a southerly direction to a reed basin constructed on the premises of the Grantor to pudfy said waters and then to discharge said waters into a drainage ditch running southerly through the premises of the Grantor to Mud Creek: and WHEREAS, the Grantor has agreed to grant to the Grantee easements over and in the land of the Grantor and hereinafter described in order to maintain these improvements; WITNESSETH: 1. That the Grantor. ~n consideration of the sums set forth in paragraph 6 hereof to be pa'ml by the Grantee does hereby grant unto the Grantee easements consisting of the following: (a) a20 foot wide strip of land extending from the northerly boundary line of the lands of the Grantor southerly to a proposed reed basin; (b) a 150 foot by 70 foot reed basin located at the southerly terminus of said 20 foot wide strip of land; and (c) a drainage easement 15 feet in width in the bed of an existing drainage ditch to extend from the southerly end of said reed basin southerly a distance of 875 feet, more or less, to land now or formedy of HarryMonsell, said easements being more fully described as follows: All those certain plots, pieces or parcels of land situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 20 foot wide pipeline easement Beginning at a point:or~ the boundary line between iand of Mary Elizabeth Gilbert and land of the Grantor, which point is South 64 degrees 17 minutes 10 seconds West 90.00 feet from the westerly line of Bay Avenue, also known as Skunk Lane, and from said point of beginning running thence South 25 degrees 42 minutes 50 second East 8.0 feet to the northerly line of the proposed reed basin hereinafter described; running thence along said northerly line of said reed basin South 64 degrees 17 minutes 10 seconds West 20.00 feet to the northwesterly corner thereof; running thence North 25 degrees 42 minutes 50 seconds West 8.00 feet to said boundary line of land of Mary Elizabeth Gilbert; running thence along land last mentioned North 64 degrees 17 minutes 10 seconds East 20.00 feet to the point or place of beginning. Reed Basin Beginning at the southwesterly comer of the above described 20 foot wide p~peline easement and running thence North 64 degrees 17 minutes 10 seconds East 70.00 feet: thence South 25 degrees 42 minutes 50 seconds East 150.00 feet; thence South 64 degrees 17 minutes 10 seconds West 70,00 feet; thence North 25 degrees 42 minutes 50 seconds West 150.00 feet to the point or place of beginning. l~5, foot wide Draina,qe Easement Adrainage: easement extending from the above described reed basin and extending i9a~southerfy direction approximately 875 feet to the northerly line of land now or formerly of Harry Monselt, said easement*being 15 feet wide, the westerly line thereof being described as fotlows: Beginning at-the southwesterly corner of the above describeC proposed reed basin and running thence the following s~x courses and distances, to wit: (1) South 22 degrees 42 minutes 50 seconds East 188.87 feet: (2) South 11 degrees 29 minutes 58 seconds East 147.34 feet; (3) South 25 degrees 09 minutes 11 seconds East 225.68 feet; (4) South 32 degrees 08 minutes 50 seconds East 31.76 feet; (5) South 47 degrees 38 minutes 33 seconds East 63.96 feet; (6) South 22 degrees 23 minutes 26 sec, onds East 67 feet, more or less, to the northerly line of land now or formerly of Harry Monsell TOGETHER WITH the right of the Grantee to enter upon the three above described easement areas at ail reasonable times for the following purposes, to wit: To maintain underground pipes in the above described 20 foot pipeline easement extending from land of Gilbert southerly to the above described proposed reed basin and to repair, maintain, replace and remove the same. To maintain such excavation and grading and the planting of such vegetation and the installation of such facilities as shall be required for the construction, operation, repair, replacement and maintenance efa reed b~isin for the cofiection, of highway drainage waters and to purify ttie same for purposes of discharging the same into the above described 15foot drainage ditch and thence into the waters of MudCreek. To maintain such excavation and other operations in the above described 15 foot drainage easement as shall be deemed necessary to assure, the Proper functioning therecr~ as' a s~uitalSte drair)age facil ;~y ~ race ye ~ate~s from the'above described rea.d basi~ and to discharge the same into the waters of Mud 2. The Grantor reserves the right to the use and enjoyment of the Grantor's'premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. 3. The Grantee agrees that all pipelines shall be buded to a depth sufficient to avoid any interference with the normal use of the Grantor's premises. The Grantee further agrees to pay any and all damages to the premises of the Grantor that may arise by reason of the operations thereon by the Grantee pursuant to the terms of this Agreement. 4. The rights granted herein shall terminate ten (10) years from the date hereof, unless the same are extended by written agreement of the parties hereto or their respective successors and assigns. 5. This Agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 6. During the term of the Agreement; the Grantee agrees to pay and the Grantor agrees to accept, as consideration for the rights granted herein, the annual sum of Eight Hundred Dollars. ($800.00) to be paid at the date of this Agreement and annually thereafter during the term thereof. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement the day and year first above written. Albert J. Krup'ski, Jr. '~ [ ' TOWN OF SOUTHOLD by: Je~:t W. Cochran, Supervisor STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) came ALBERT J. KRUPSKi, JR., to me known to be the individual described'in and who executed the foregoing instrument, and he acknowledged that he executed the same~ · Notary F~oii¢ STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On this 1,0th of. December ., 1996, before me personally came JEAN W. COCHRAN, to me known, who being by me duly sworn, did depose and say that she resides at Boisseau Avenue, Southold, New York; that she is the Supervisor of the Town of Southold, the municipal corporation described in and which executed the above instrument; that she kno~s the seat of said corporation; that the seat affixed to said instrument is SUCh cor, porate ~oeal; that it was, so affixed by o~ of the Tovm.Board of said~corpora~bn, a~d that she!signed her name th'er~ by like.order. 0IYI)rr~i T. T~Y TOV~N CLERK REGISTRAR OF VITAL STATISTICS ~F/~EEDOM OF ~O~ON O~IC~ Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax I516) 765-1823 Telephone (51~) 765-1800 OFFICE OF TICIE TOWN CLERK TOWN OF SOUTHOLD December' 16, t996 Albert J. Krupski, Jr. 2790' Skunk .Lane Cutchogue, New York 11935 Dear Albert: Enclosed is your easement agreement with the Town for drainage purposes on Skunk Lane, Cutchogue. Please sign both copies of this agreement, have your signature notarized, and return the copy marked "Town" to me in the enclosed self-addressed, stamped envelope. Thank you. Very truly yours, Judith T. Terry Southold. Town Clerk cc: Supt. of Highways Jacobs MELISSA A. SPIRO PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (531) 765-1366 DEPARTMENT OF ~I) PRESERVATION TOWN OF SOUTHOLD TO: FROM: RE: Sl~pervisor Horton Town B0a~ Member Melissa Spiro, Land Preservation Coordinator Development Right Acquisition/Pending Subdivision for Albert J. Krupski, Jr. SCTM# 1000~97,8-31.2, 31.3 & 31.4 DATE: March 6, 2003 In 1986 A1 Krupski sold the development rights to 21.8 acres of his 27.8774 acre farm. He is currently before the Planning Board to subdivide the reserved area into 2 lots. A third lot contains an existing dwelling and the development rights area. The Health Department has required the filing of a Declaration of Covenants and Restrictions as a condition of approval. The Declaration pertains to conditions having to do with public water connections to the residential lots. Due to the fact that the Town owns the development rights, the Town needs to consent to the above-mentioned covenants and restrictions. I have attached a copy of the Declaration of Covenants and Restrictions that was presented to the Health Department. I have attached a copy of the consent form that requires signature by the Town. I have attached a copy of a draft resolution authorizing the Supervisor to sign the form. Please schedule this for the next Town Board meeting. I ~vitl be available should you wish to discuss tiffs during the work session. EncI. WHEREAS, in 1986 Albert J. Krupski, Jr., sold the development rights to the Town of Southold to 21.8 acres of his 27.8774 acre farm; end WHEREAS, the property is now known as SCTM# I000-97-8-31.2, 31.4 end 31.4: end ~EREAS. Albert Krupski, Jr., is currently before the Plarming Board to .subdivide the reserved area into 2 lots; end ~AS, the l~ealth D~artment has required the filing of a Declarati0I~ of Covenants anff,~eshScfions a~ ~/c6 ~ndf~,'on of approval. The ~Declarati°n pertains to ~or/dihons having to;do,with pttbiic ~h~er connections to the proposed residential lots; and W/-IER~.~: ~AS, dne to the fact that the Town o:,_w~s the development rights~ a consent form is required ]5om~the Town, consenting to the filing of the abo~ve-mentkmed covenents end r. estnc~ons; be ~t t/rerefore i~SOLVED that the Town Board of the Town of Southold authorizes the Supervisor to sign the consent form known as Schedule B for Albert J. Krupski, Jr., Health Department Reference No. S10-01-0016. LAURY L. DOWD ]?OWN ATTORNEY JEAN W. COCI-IRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southotd, New York 11971 Telephone (516) 765-1889 Fax f5i~) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: RE: Ray Jacobs, Superintendent of Highways Laury L. Dowd. Town Attorney November 25, 1996 Krupski and Gilbert Contract Renewals Enclosed is a revised contract with Krupski and Gilbert for drainage equipment on thei r properties, have revised it to reflect that the drainage equipment is already installed and that we will be maintaining it. I kept the prior annual rental amount. You might consider seeking a permanent easement for these properties. We end up paying $8,000 over a ten year period under the current arrangement. If the drainage facilities are going to be needed over an extended period, it might be cheaper to pay .a single sum and get a permanent easement. Once you get signatures, send the contracts to the Town Board for approval.