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HomeMy WebLinkAboutNordstrom, Jane LICENSE THIS AGREEMENT. made this J(0~ day of S-ep~ember, 1999 BETWEEN JANE C. NORDSTROM, residing at ~:~- Rambler Road, Southold, New York, licensor, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, hav[n~ i~s office and pdncipa! place of business at 53095 Main Road, Southold, ~ew ~bi~k, I¥censee ~VHEREASi the licensor s the owner in fee simple of the premises designated on the Land Mapof Suffolk County as District 1000 Section 088.00 Block 05.00 Lot 037.000 and more particularly described in a certain deed from Eugene P. Higg~ns dated November 4, 1997 and recorded in the Office of the Clerk of Suffolk County on November 10, 1997 in Libor 11861 page 624 (hereinafter referred to as "Lot"); and WHEREAS, the licensor's predecessor in title granted the licensee an easement 10 feet' in width to lay pipes for highway drainage purposes and to maintain and operate, relay and remove said piPes on, over and through said Lot for the use of the licensee, which drainage easement is more particularly described in a certain ~nstrument dated April 20, 1972 recorded in the Office of the Clerk of Suffolk County on July 20, 1972 in Liber 7201 page 349; and WHEREAS, the parties hereto want to permit the licensee to have ingress and egress over said Lot to effect the purposes of said drainage easement and the license granted herein. NOW, THEREFORE, in consideration of Ten (910.00) Dollars and other good and valuable consideration, the receipt of which is acknowledged, the licensor hereby grants and releases to the licensee a license to have ingress and egress over said Lot to lay p(ipes for highway drainage purposes and to maintain, and operate, relay and remove said pipes on, over and through said Lot pursuant to said drainage easement, which does not interfere with licensor's use and enjoyment of said Lot; Such right shall be exercised over routes that occasion the least practicable damage and inconvenience to the licensor. Such right is conditioned on its reasonable exercise for the benefit of the licensee, and in the event of excessive use, or use. for nondominant purposes, or use by means otherwise injurious to the licensor or said Lot, the licensor shall have the right to extinguish such right. The licensee shall repair any damage caused by it to the Lot of the licensor, and shall indemni'fy the licensor against any loss and'damage caused by the exercise of the licensee's ~ngress and egress, or by any wrongful or negligent act of omission of the licensee or of its agents or employees in the course of their employment. l~he parties acknowledge and agree that the licensor shall have the absolute right to terminate this license for any reason or for no reason with or without cause upon notice (written or otherwise) to the licensee. The parties further acknowledge and agree that this license shall terminate and be revoked autorqadcally and without further action by the party of the first part upon the conveyance, leaseer other ~,ransfer of said Lot. The pa,tries hereby acknowledge and agree that this grant of license shall not be construed to be a grant of an easement, shall not run with the land and shall be binding on and shall inure to only Lhe benefit of the parties hereto and their guests, invit6es and agents. IN, WITNESS WHEREOF, the parties have executed this deed the day and year first above written. E C. NORDSTROM THE TOWN OF SOUTHOLD J~AN COCHRAN STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the / ~--h~ day of ~r, 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared JANE C. NORDSTROM, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name ~s subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the /,_4~¢_~ day of ~, 1999, before me, the undersigned, a Notary Public un and for said State, personally appeared JEAN COCHRAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to m.e that she executed,the same in her capacity, and that oy her signature on the instrument, the individual, or the person upon behalf of which the in dividual acted, executed the instrument. Not-¢r~; Pu bloc UNDA J. COOPER Notary Public,, S~,e<~ New No. ~22563, SuffdA Ceu~my~ T~rn Expires December 3~ © GREGORY F. YAKABOSKI TOWN ATTORNEY JEAN W. COCHRAN SuperVisor Town [~Iall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (5169 765-1889 Fax (516~ 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 15, 1999 Jennifer B. Gould, Esq. 2;10 Main Street P.O. Box 177 Greenport, New York 11944 RE: Jane Nordstrom/drainage easement Dear Ms. Gould: Please find enclosed the original license agreement for the above referenced matter, Suoervisor Cochran has signed the onginal. Kindly return the fully executed original to the Town Clerk, Betty Neville at your earliest convenience. Thank you for your attention to this matter. S ingerely,~q%,,~..~ Assistant Town Attorney I:nc cc: Raymond Jacobs, Superintendent of Highways LICENSE THiS AGREENIENT. made this day of September, 1999 BETWEEN JANE C. NORDSTRONI, residing at __ Rambler Road. Southold, New York, licensor, and THE T~O~N OF SOUTHOLD. a municipal corporation of the State of New York, having 'its office and principal place of business at 53095 Main Road, Southold, Ne~v Yolk, Ifcensee ~I~!~ER~~. the licensor is the owner in fee simple of the premises designated on ~b~ 'L~r~!]~/J~p of Suffolk County as District 1000 Section 088.00 Block 05.00 Lot 08~',O~b?~n:d moro particu ar y descr bed in a certain deed from Eugene P, Higgins ~a,~6d.~ber 4-, 1997 and, recorded in th e Office of the Clerk of Suffolk County e,~' B!Uve~ber I~0, 1997 in Liber 11861 page 624 (hereinafter referred to as "Lot"); a~d WI,~EREAS, the licensor's predecessor in title granted the licensee an easement 10 f~¢t in width to lay p~pes for highway drainage purposes and to maintain and (~pfrate, relay and remove said pipes on, over and through said Lot for the use of the licensee, which drainage easement ~s more particularly described in a certain ins,trument dated April 20, 1972 recorded in the Qffice of the Clerk of Suffolk County on July 20, 1972 in Liber 7201 page 32~9; and WHERF_~S. the parties hereto want to permit the licensee [o have ngress and egress over said Lot [o effect the purposes of said drainage easement and the license gra[~ted herein. NOW, THEREFORE, rn consideration of Ten ($10.00) Dollars and other good and valdable Consideration, the receipt of which is acknoWledged, the licensor hereby gra~ts arud releases to the licensee a license to have ingress and egress over said Lot to lay, p~pes for highway drainage purposes and to maintain, and opera~e, relay and: rem(~/e said pipes on, over and through said Lot pursuant to said drainage easement¢ which does not interfere with licensor's use and enjoyment of said Lot; Such right shall be exercised over routes that occasion the least practicable damage and inconvenience to the licensor, Such right is conditioned on its reasonable exercise fur the benefit of the licensee, and in the event of excessive use,, or use for nondominant purposes, or use by means otherwise injurious to the licensor or said Lot, the licensor shall have the right to extinguish such right, The licensee shall repair any damage caused by it [o [he Let of the licensor, and shall indemnify the licensor against any loss and damage caused by the exercise of the licensee's ingress and egress, or by any wrongful or negligent act of omission of the licensee or of its agents or employees n the course of their employment. © © The parties acknowledge and agree that the licensor shall have the absolute right to terminate this license for any reason or for no reason with or without cause upon notice (written or otherwise) to the licensee. The parties further acknowledge and agree that this license shall terminate and be revoked automatically and without further action by the party of the first part upon the conveyance, lease or other transfer of said Lot. The parties hereby acknowledge and agree that this grant of license shall not be ooBstrued to be a g~rant of an easement, shall not run with the land and shall be binding (~ and shal]dnure to only the benefit of the parties hereto and their guests, inviteeS and agents. Iltl WITNESS WHEREOF, the parties have executed this deed the day and year first above written. JANE C. NORDSTROM THE TOWN OF SOUTHOLD J~AN COCHRAN STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the day of September, 1999, before me, the undersigned; a Notary Public in and for said State, personally appeared JANE C. NORDSTROM, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. No'(A¢y Pul~fic STATE OF NEW YORK:COUNTY OF SUFFOLK) ss: On the /-¢'~ day of ~et¢, 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared JEAN COCHRAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and © © acknowledged to me that she executed the same in her Capacity, and that by her signature on the i'nstrument, the individual, or the person upon behalf of which the individual actee, executed the instrumenT. N(~t-~r~ Pu bl~c - UNDA J. COOPER GRIgGOR¥ F. YAKABOSKI TOWN ATTORNEY OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Town Hall, 53095 Main Road P~O~ Box ~179 Southold, New York 11971 Telephone {516) 765-1889 Fax (5~6) 766-1823 October 15, 1999 Jennifer B. Gould, Esq. 210 Main Street P.O. Box t77 Greenport, New York 11944 RE: Jane Nordstrom/drainage easement Dear Ms. Gould: Please find enctosed the onginal license agreement for the above referenced matter. Supervisor Cochran has signed the original. Kindly return the fully executed original to the Town Clerk. Betty Neville at your eadiest convenience, Thank you for your attention to this matter, Assistant Town Attorney Enc cc: Raymond Jacobs, Superintendent of Highways TOWN' ATTORNEY ~i~wn I-Iall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Telepl~one (516) 765-1589 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: FROM: DATE: SUBJECT: MEMORANDUM ELIZABETH A. NEVILLE, TOWN CLERK GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY..~( MARY C. WILSON, ASSlSl:ANT TOWN ATTORNEY~J~ OCTOBER 15, 1999 CONTRACTS PLEASE FIND ATTACHED A COPY OF ***o A COVER LETTER TO JEN GOULD REGARDING THE NORDSTROM DRAINAGE LICENSE THE ORIGINAL HO PENN RENTAL AGREEMENT WHICH NEEDS TO BE SENT TO HO AND A CARBON COPY RETAINED FOR YOUR FILE THANK YOU FOR YOUR ASSISTANCE.