HomeMy WebLinkAboutMaillett, Arthur J SrPERMIT
KNOW ALL MEN BY THESE PRESENTS, that whereas ARTHUR J.
MAILLET, JR., residing at 16 Fourth Street, Elmont, New York, has duly
applied in writing for permission to lay and maintain a water pipe under a
certain Town highway known as Island View Lane at Arshamomaque, adja-
cent to property of Greer, and whereas the Town Board of the Town of
Southold has duly consented to the granting of said application,
NOW, THEREFORE, this indenture witnesseth, that HAROLD
PRICE, the duly elected and acting Town Superintendent cf Highways of the
Town of Southold, Suffolk County, New York, does give and grant unto the
said Arthur J. Maillet, Jr., the permission and right to maintain a water
pipe not exceeding three (3) inches in diameter under a certain Town highway
known as Island View Lane, said water pipe to be located under said Island
View Lane not more than five (5) feet from the southerly line of said highway
to enter said highway adjacent to a private right of way leading south to
premises of the said Arthur J. Maillet, Jr., and to extend in a general
westerly direction to the westerly terminus of said highway, all in accord-
ance with a drawing attached hereto. The permission and right hereby
granted is only upon the conditions hereinafter set forth, and the said
Arthur J. Maillet, Jr. , by his acceptance of this permit, does for himself,
his heirs, successors and assigns, covenant and agree that such conditions
shall be performed and that this permit may be revoked, and the said water
pipe maintained in such highway removed by the said Town Superintendent
of Highways, without notice, upon the failure of performance of any such
conditions, the conditions being the following, to wit:
1. The water pipe hereinbefore specified shall be laid under the
ground at a depth of not less than two and one-haIf (2-1/2) feet. The same
shall be laid in a manner satisfactory to the Town Superintendent of Highways
and under his direction and supervision.
2. The water pipe permitted to be laid as herein provided shall be
so laid as not to interfere with or interrupt public travel upon the said
highway, and the said Arthur J. MaiIlet, Jr., shall replace all earth re-
moved and resurface said highway and leave the same in all respects in as
good a condition as before the laying of said water pipe, and the said Arthur
J. Maillet, Jr., agrees to keep said water pipe in repair and maintain the
traveled portion of the highway and the highway premises free from any
defects which might otherwise be occasioned by the installation of such pipe.
3. The said Arthur J. Maillet, Jr., shall forever save the Town
of Southold harmless from all damages and injuries which may accrue by
reason of the installation of said water pipe in said highway as aforesaid.
4. The said Arthur J. Maillet, Jr. , upon notice by the Town
Superintendent of Highways of the Town of Southold, shall forthwith make
any repairs required for the protection or preservation of such highway
which are rendered necessary by reason of the installation of said water
pipe as aforesaid.
5. In the event that the said Arthur J. MaiIlet, Jr., shall fail to
make such repairs to said highway as herein required, the necessary re-
pairs may be made without notice by the Town Superintendent of Highways
of the Town of Southold, at the expense of the said Arthur J. Maillet, Jr. ·
and the cost thereof shall be a lien prior to any other lien upon the land
benefited by the use of the highway for the laying of the pipe as herein
provided.
6. If in the judgment of the Town Superintendent of Highways, it
shall be necessary to remove, relocate and/or replace said water pipe by
reason of the repair, relocation or change in grade or otherwise of said
highway, it is specifically understood and agreed that the said Arthur J.
Maillet, Jr., at his own e~pense, shall remove said water pipe and
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appurtenances and shall replace the same in conformity with the directions
of the Town Superintendent of Highways.
IN WITNESS WHEREOF, the Town Superintendent of Highways of the
,//_; day
Town of Southold has hereunto set his hand in duplicate, this
of July, 1965.
Town Superintendent of Highways
of the Town of Southold
ARTHUR J. lVI~ILLET, JR., residing at 16 Fourth Street, Elmont,
New York, being the applicant for the permit granted by the above indenture,
does hereby accept such permit and does hereby covenant and agree to
comply with the conditions therein contained.
Dated: J~aly 1965.
Arthur J.~/Maillet, Jr. ~' '
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of Southold, Suffolk County,
of the foregoing permit.
Dated: July . 1965.
The undersigned, being members of the Town Board of the Town
New York, do hereby consent to the granting
APPROVED:
County Superintendent
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