HomeMy WebLinkAboutTuthill, Donald EPERMIT
KNOW ALL MEN BY THESE PRESENTS, that whereas DONALD E.
TUTHILL, residing at Boisseau Avenue, Southold, Town of Southold,
Suffolk County, New York, has duly applied in writing for permission to lay
and maintain a 6 inch water main under the Town highway in front of his
premises located on the west side of Laurel Avenue, Southold, and to be
located as hereinafter more particularly described; 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 RAYMOND C.
DEAN, the duly elected and acting Town Superintendent of Highways of the
Town of Southold, Suffolk County, New York, does give and grant unto the
said Donald E. Tuthill of Boisseau Avenue, Southold, New York, in the
Town of Southold, and his heirs and assigns, the permission and right to
install and maintain a 6 inch water main under a certain Town highway
known as Laurel Avenue, which water main shall be laid along the westerly
shoulder of Laurel Avenue and located not more than 12 feet from the
westerly line of said Avenue and shall extend from Yennecott Drive northerly
approximately 375 feet to North Creek Drive all as shown on a certain map
entitled "Map of Yennecott Park at Southold, Suffolk County, New York"
which map is filed in the Suffolk County Clerks Office, a copy of which is
hereunto annexed and made a part hereof. The permission and right hereby
granted is only upon the conditions hereinafter set forth and the said Donald E.
Tuthill by acceptance of this permit does for himself and his heirs and
assigns, covenant and agree that such conditions shall be performed and that
this permit may be revoked, and the water main maintained in said
highway removed by the 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 main hereinbefore specified shall be laid under the
ground at a depth of not less than four (4) feet. The same shall be laid in a
manner satisfactory to the Town Superintendent of Highways and under his
supervision.
2. The water main permitte'd to be laid hereunder shall be so laid
as not to interfere or interrupt public travel upon the said highway, and the
said Donald E. Tuthill shall replace all earth removed and resurface the
pavement and leave the said highway in all respects in as good a condition
as before the laying of said water main, and the said Donald E. Tuthill
shall keep the said water main 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 and maintenance of such water
main.
3. The said Donald E. Tuthill, his heirs and assigns, shall forever
save the Town of Southold harmless from all damages which may accrue by
reason of the installation and maintenance of the said water main in said
highway as aforesaid.
4. The said Donald E. Tuthill, his heirs and assigns, 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
and rendered necessary by reason of the installation and maintenance of
said water main as aforesaid.
5. In case the said Donald E. Tuthill, or his heirs or assigns, shall
fail to make such repairs to the town highway as are required to be made by
the conditions of this permit, the necessary repairs may be made without
notice by the Town Superintendent of Highways of the Town of Southold, at
the expense of the said Donald E. Tuthill, his heirs or assigns, 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 water main herein provided for.
6. If in the judgment of the Town Superintendent of Highways, it shall
be necessary to remove, relocate or/and replace said water main by reason
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of the repair, relocation or change in grade of said highway or for any other
reason whatsoever, it is specifically understood and agreed that the said
Donald E. Tuthill, or his heirs and assigns, at his or their own expenSe
shall remove said water main and appurtenances and shall replace the same
in conformity with the directions of the said Town Superintendent of
Highways.
IN WITNESS WHEREOF, the Town Superintendent of Highways of the
Town of Southold has hereunto set his hand in duplicate, this day
of December, 1968.
T/own Superintendent of Highways
'.,/of lhe Town of Southold
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DONALD E, TUTHILL, Boisseau Avenue, Southo[d, in the Town of
Southold, Suffolk County, 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 compIy with the conditions therein contained.
Dated: December,/ .,, 1968.
Donatd Eo TuthilI
The undersigned, being members of the Town Board of the Town of
Southold~ SuffoLk County, New York, do hereby consent to the granting of
the foregoing permit.
Dated: December
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