HomeMy WebLinkAboutVermaelen, Francis P Jr THIS AGREEMENT, made tile '-2~ .(~.-day cf Decen~er~ 1974~
between FT<ANCiS ~. VEk~2LEN, JR., re~3idi~ at 209 Blue Po~.~:.
Oakdaie: New York: and CHARLES VE~ZAi']i':I~N, resJdJ.n,~[ at: 99 Lan'tern
R,>ad~ Hicksvi!ie~ New Y(:.rk~ e~ ~xecuter~- of the ESTATE OF
VERNiJ~LEN, party cf the first ?art. :%nd TO~f OF SOUTHOLD,
municipal corporation with office :l-t 16 '.louth Street~ Greet?orr,
W i T N E S S E C' H:
WHEREAS~ the party of the fir~t part~ on October 28, 1974,
has obtained approval from the I~i~nnin%- Board of the To~ cf
Sou.tho!d for a minor subdivision, and~ on October 17.. 1974, ob-
tained approval from the Southolct TowI~ Board of Ap.peals for the
proposed right-of-way as shown on a certain map entitled, ~'Estate
of Marie A. Vermaelen of "Minor Subdivision," prepared by Young ~
Young, dated July 2, 1973, and revi~ed October 22, 1974, which is
annexed hereto and lr~de a part hereof as Exhibit '~A~"
NOW TI~EREFO~)~ ir~ conslderati~'~, of One and 00/i00 ~$1~00]~
and the agreemen~ herein contained, it is hereby agreed as
Dollar,
follows:
:~econd part,
The party of the first part grants to the party of th~
its successors and assigns~ a perpetual drainage
~asement and right to lay, maintain~ and operate a pipe line for
the transmission of water under an~ ~hrough =he following de~cri~
premises of the party of the first part lying and being at
14attituck, in the Town of Southold, County of Suffolk and State
New York:
BEGINNING at a point on the w~esterly side of Bay
2~venue, which point is distant 153.69 feet along said
%¢es=erly line of Bay Avenue from the division line be-
tween land of the party of the first part and land now
or formerly of Hillman; from said point of ~eginning
running thence along the westerly side of Bay Avenue
North 0" 46~ 00" West, 15.50 feet to a point; thence
through land of the party of the first part three (3)
courses and distances as follows: (1) South 74" 40'
00" West, 162.99 feet; (2) South 15" 20' East, 25.00
feet; (3) South 74" 40' 00" West, 172.77 feet to land
now or formerly of Alexander Calabrese; running thence
along said land now or formerly of Calabrese and tend
of the Town of Southold So%~th 21~ 30~ 00" East~ 79.21
feet; thence through land of the party of the first
part five (5) course~ and distances as follows:
North 68" 30' East, 15.00 teet~ (2) North 21~ 30~ 00~:
West~ 62.50 feet; (3) North ~4~ 40' 00" East~ 17i~06
fe~t: ~4) North i5~ 20~ West~ 17.50 feet~ (5) North
i~'00" Eas~, 144~09 feet t~: the ~'~t or ?lace
of beginning.
2. The party of the second ~art hereby a~'rees not %0
fence the easement area~ to prGmptl~ b~ckfi!l any ~rench made by
it in the easement area~ and repair any ~amage it shall do to the
party of the first partes pri'vate reads or right-cf-way on the
].ands, and shall indemnify ~gainst any Loss and ~amage which
be caused by the exercise of the rights of ingress and egres~ cr
by any wrongful or negligent act or omission of its agents or
employees in the course of their emploL~ent.
3. That this agreement an~ all of its terms, covenants
~nd conditions shall be binding upon and inure to the benefit of
the parties hereto, their legal representatives, distributees~
successors and assigns~
IN WITNES~ WHEreOF, the parties hereto have set their
hands and seals the day and year first above written.
ESTATE OF ~L~RIE Av~ VEPd~AELEN
Charles Vermaelen, Executor
STATE OF NEW YO~ }
) SS:
COUNTY OF SUFFO~ )
On this~day of Dece~er, 1974, before me personally
came FRANCIS P. ~RMAE~N, JRo and C~,ES ~LEN, to me kno~,
who~ being ~ me duly sworn, did depose and say that they are the
Executors of the ESTATE OF M~RIE A. ~RMAELEN and who executed the
foregoing instrument, and acknowledged that they executed the sam~
~v Pu~uc, stat, o* ~ ¥o~ Notary ~ublic
STATE OF NEW YORK )
)
COUNTY OF SUFFOLK )
SS:
On this day of Decen~er~ ]_97~ before me personally
came ALBERT M~ MARTOCCHIA~ to me known~ who~ being by me duly
sworn~ did depose and say-that he r~sides at 43! Se~renth
Greenport, New 'York; that he is the Supervisor of t~e TOg~ OF
SOUTHOLD, Suffolk County, New York, the m]lnicipal
dsscribed in and which executed the withfn instr:~aent; theft
knows the seal of said corporation; that the seal affixed t~: said
instrtu~ent is such corporate seal; that it was so affixed ~y
of the Town Board of said municipal corporation, and that ha
signed his name thereto by like orde~
Notary Public