HomeMy WebLinkAboutBabcock, Richard J & Rimmler, F AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a
municipal corporation with offices at (No ~) Main Road, Southold, Suffolk
County, New York, hereinafter referred to as "THE TOWN", and RICHARD J. BABCOCK
and FREDERICK F. RIMMLER, doing business as SOUTHOLD GARDENS, a co-partnership
with offices at Box 1145, (No ~) Wells Avenue, Southold, New York, hereinafter
referred to as "SOUTHOLD GARDENS".
- WITNESS
W~EREAS, SOUTHOLD GARDENS is the owner of property on the north side
of Hill Road West, at Southold, in the Town of Southold, Suffolk County, New
York, described as follows:
Ail that certain plot, piece or parcel of land, with the buildihgs and
~i~rov~en~thereo~-erected, sitnate ,. .lying and being in the Town of Southold,
at Southold, County of Suffolk and State of New York, being bounded and de-
scribed as follows: ~
BEGIR%FiNG at a point c~ the northerly side of Hill Road West distant
200.00 feet easterly fr~u the corner marked by the intersection of the northeast
'side of-Wells Avenueand the northerly side of Hill Road West, said point of
beginning also being the southeasterly corner of Lot #3 on Map of S~uthold
'Gardens,-filed in the Suffolk Colnty Clerk's Office ~q May 7, 1979 as Map
96812; frc~ said point of beginning, running along the northerly side of Hill
Boad West:S~uth 88? 52~ _40" East .127.81 feet to the southwesterly side of
Lot 92 on said r~ap; running thence along the westerly side of Lot 92 North 1°
.~7'~--20" ...~-~t 150.00~ feet ;.. :running thence North. 88.° 52 ' .40" West 127.81 feet
:along property now or formerly of Southold Gar~ to a point on the easterly
~side of.~Lot 93 on:said:filed map; running thence South 1° 07' 20" West
~ 1:~0.00 feet along the easterly side of Lot 93 to the point or place of
beginning;. _cc~ning~:19,172 square feet.
COUNTY
WHEREAS, said premises are part of the open space area of the cluster
subdivision known as "Map of southold Gardens", filed on May ~,2t9~9 in the
office of the Suffolk County Clerk as Map ~o. 6812
WHEREAS, Hill P~)ad West is about to be dedicated to the TOWN, and
WHEREAS, there is a drainage problem on Hill Road West, resulting in
a collection of surface water on Hill Road West adjoining the above-described
property.of SOUTHOLD GARDENS, and
WHEREAS, 80UTHOLD GARDENS is willing to grant the TOWN a limited
easement over the above-described prelaises to help solve the problem by the
installation and maifitenance by the TOWN of surface water drainage facilities
and connections for the collection of surface water on said premises.
THEI~IFOItlg, in consideration of Ten and 00/100 ($10.00) Dollars and
other good and valuable consideration paid by the TOWN to SOUTHOLD GARDENS,
receipt of which is hereby aoknowledged, SOUTHOLD GARDENS grants and conveys
to the TOWN forever, the right and easement to enter upon the above-described
property of SOUTHOLD GARDENS for the purpose of installing and maintaining
surface water drainage facilities within the above-described premises, to be
connected to the catch basins in front of said area on Hill Road West, subject
1. All d~&inage facilities are to be completely underground, covere~
with top soil and graded to the natural contour of the land/at the expense of
the TOWN, and .
2. The graded area shall be seeded with grass comparable to the
grass on the remainder of the open space ~rea of SOUTHOLD GARDENS, at the
expense of the TOWN.
3. The above work shall be completed on or before F.eb~uary.1;19B
with the exception of final grading and seeding which will be completed in th',
Spring of t980.
~. SOUTHoLD GARDENS agrees to mow said area and otherwise maintain
the appearance of the ~rea.
5. The. TOWN shall be resp.onsible for all maintenance of the drainage
facilities and connections to the Town drainage system.
'~ 5.~ if' it' is necessary' f0~ the TOWN to enter upon th~ property to
maintain, repair ana/or~replaee 's~id'facilities~ the TOWN w4'll promptly restore
the area, including reseeding, to the condition that existed prior to any such
entry. In the event that said maintenance,~repair and/or.replacement requires
excavation of all or any part of said premises, the TOWN shall ,give prior
written"n~tice't~er~6~f"to SOUTHOLD GARDENS at 'the place as may from time to
time b~ d~signate~ ~by SOUTHOLD GARDENS. ~: '~': '~:
- :~. In the event that the surface water runoff from Hill Road West
results in standing water on the easement area, the TOWN agrees to take such
steps as may be required to correct the condition.
TO HAVE AND TO HOLD the said right and easement unto the TOWN, its
successors and assigns, forever.
IN WITNESS WHEREOF, the parties have placed their hands and seals on
the date hereof.
· OF SOUTHOLD
GARDENS
Richard J. Babcock
STATE OF NEW YORK, COUNTY OF SUFFOLK ss:
On the~-~day of~~R 1979, before me personally came
~e~ ~o/,~F to me known, who, being by me dul~f sworn,
did depose and say that he resides at No. ~C,~w/'~ ~.
~A~-, ~/e~ ~ ; that he is
the ~o~,~d'~o~ of TOWN OF SOUTHOLD
the corporation described in and which executed the foregoing instrument; that
he knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the
board of directors of said corporation, and that he signed h~'= name thereto
by like order.
JUDITH T, TERR~
Rotary Public, State of New Tedr
No. 52*034,%963 Suffotk Cou~t~g~
STATE OF NEW YORK, COUNTY OF SUFFOLK ss: Commission Expires March30, ].giJ
On the l0 day of July 1979, before me personally came RICHARD J.
BABCOCK, a co-partner of SOUTHOLD GARDENS, a Co-Partnership, -to me known to
be the individual described in and who executed the foregoing instrument, and
acknowledged that he executed the same as a co-partner of SOUTHOLD GARDENS.
Notary Public
Nota~'Pubtlc, State Of Hew Yo~
t"~o. 52-4642871.
WICKHAM~ WlCKHAM & BRE$SLER, ~,c.
MAIN ROAG~ P.O. BOX 1424
MATT~TUCK LONG ISLAND
NEW YORK I~gS~
January 21, 1980
Judith T. Terry, Town Clerk
Town of Southold
Town Hall
Main Road
Southold, New York 11971
Re: Town of Southold and
Southold Gardens
Dear Judy:
Enclosed is a copy of the recorded easement
agreement showing the recording information, for your
records.
Very truly yours,
~i~A. Wickham
w/ng
Enclosure
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
K
$outhold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
January 7, 1980
Honorable Arthur J. Felice
Suffolk County Clerk
Suffolk County Center
Riverhead, New York 11901
Dear Mr. Felice:
Transmitted herewith for filing in your office
is Easement Agreement between the Town of Southold
and Richard J. Babcock and Frederick F. Rimmler,
doing business as Southold Gardens.:
Also enclosed is check in the amount of $19.00
to cover filing fee.
Please note, the Town Seal has been affixed.
Southold Gardens is a partnership and does not have
a seal.
Very truly yours,
Judith T. Terry
Enclosures
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(515) 765~1801
December 28; 1979
Honorable Arthur J. Felice
Suffolk County Clerk
Suffolk County Center
Riverhead, New York 11901
Dear Mr. Felice:
Enclosed herewith is Easement Agreement between
the Town of Southold and Richard J. Babcock and Frederick
F. Rimmler, doing business as Southold Gardens for ~filing
in your office. Also enclosed is check in the amount of
$19.00 to cover filing fee.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures (2)
JUDITH T. TERRY
TOWN C~ERK
REGISTP~AR OF VITAL STATISTICS
K
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
December 28, 1979
Abigail Wickham, Attorney
Main Road
Mattituck, New York 11952
Dear Ms. Wickham:
Enclosed herewith is the easement agreement between
the Town of Southold and Richard J. Babcock and Frederick
F. Rimmler, doing business as Southold Gardens, and a
check in the amount of $10.00 for said right and easement.
Very truly yours,
Judith T. Terry
Town Clerk
Enclosures (2)
EY
ROBERT W, TASKER
Town Attorney
Hon. Judith T. Terry
Southold Town Clerk
Town Hall
Southold, New York 11971
425 ~
GREENPORT, L.I., NEW YORK 11944
December 19, 1979
TELEPHONE
(516) 477-1400
RECEIVED
01919
'T~w~ C~r~ Souttiolil
Re: Dedication of Hill Road West
Easement Agreement with Babcock and Rimmler
Dear Judy:
Since the Town has accepted dedication of Hill Road West, as soon as the dedication
papers are completed, the original Dedication and Release should be sent to the
County Clerk's Office for recording.
With respect to the Easement Agreement between the Town and Babcock and Rimmler,
the developers of Southold Gardens, it was agreed between Gall Wickham and myself
that ail construction work relative to the drainage facilities will be complete by
February 1, 1980 with the exception of the final grading and seeding which will be
completed in the Spring of 1980. I have made these changes in the Easement Agree-
ment and the Agreement in duplicate is enclosed herewith. I do not recall whether
or not a resolution was adopted authorizing the Town to enter into the Easement
Agreement. If so, the Agreement can be signed by the Supervisor, the corporate
seal affixed and a copy sent to Gall Wickham and the original sent to the County Clerk
for recording. On the other hand, if no resolution was adopted, such a resolution
should be adopted at the December 2'lth meeting after which the Agreement can be
signed by the 'llown.
I am enclosing herewith a portion of the site plan of Southold Gardens which shows
the drainage area. This can be sent to the Superintendent of Highways for his use in
constructing the facilities.
Yours very truly,
ROBERT W. TASKER
RWT:MY
Enclosures
AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a
municipal corporation with offices at (No ~) Main Road, Southold, Suffolk
TOWN , and RICHARD J. BABCOCK
County, New York, hereinafter referred to as "THE "
and FREDERICK F. RIMMLER, doing business as SOUTHOLD GARDENS, a co-partnership
with offices at Box 1145, (No ~) Wells Avenue, Southold, New York, hereinafter
referred to as "SOUTHOLD GARDENS".
WITNESS
W~EREAS, SOUTHOLD GARDENS is the owner of property on the north side
of Hill Road West, a~ Southold, in the Town of Southold, Suffolk County, New
York, described as follows:
All that certain plot, piece or parcel of land, with the bui!a~ngs ~]d
improvements thereo~ erected, situate, lying and being in the Town of Southold,
at Southold, ODunty of Suffolk and State of New York, being bounded 'and de-
scribed as. follows:
~'a~-~EGIA~q/qG at a point c~ the northerly sid~ of ~ill Boad West distant
200.00 feet easterly fron the corner marked by the intersection of the northeast
side of Wells Avenue and the northerly side of F~ll B~ad West, said point of
beginning al~o being the southeasterly corner of Lot %3 on Map of Southold
Gardens, filed in the Suffolk County Clerk's Office on May 7, 1979 as Map
%6812; frcm said point of beginning, running along the northerly side of Hill
l~oad West South 88° 52' 40" East 127.81 feet to tb~ southwesterly side of
Lot %2 on said map; running thence along the westerly side of Lot %2 North 1°
07' 20" E~st 150.00 feet; running thence North 88° 52' 40" West 127.81 feet
along l~roperty now or formerly of Southold Gardens to a point on the easterly
side of Lot %3 on said filed map; running thence South 1° 07' 20" ~t
150.00 feet along the easterly side of Lot %3 to the point or place of
beginning; containing 19,172 square feet.
WHEREAS, said premises are part of the open space area of the cluster
subdivision kno~aaas "Map of Southold Gardens", filed on May~,~'t9~9 in the
office of the Suffolk County Clerk as Map No. 6812 ,
WHEREAS, Hill P~ad West is about to be dedicated to the TOWN, and
WHEREAS, there is a drainage problem on Hill Road West, resulting in
a collection of surface water on Hill Road West adjoining the above-described
property of SOUTHOLD GARDENS, and
WHEREAS, SOUTHOLD GARDENS is willing to grant the TOWN a limited
easement over the above-described premises to help solve the problem by the
installation and~intenance by the TOWN of surface water drainage facilities
and connections for the collection of surface water on said premises.
THEREFORE, in consideration of Ten and 00/100 ($10.00) Dollars and'
other good and valuable consideration paid by the TOWN to SOUTHOLD GARDENS,
receipt of which is hereby acknowledged, SOUTHOLD GARDENS grants and conveys
to the TOWN forever, the right and easement to enter upon the above-described
property of SOUTHOLD GARDENS for the purpose of installing and maintaining
surface water drainage facilities within the above-described .premises, to b~
connected to the catch basins in front of said area on Hill Road West, subject
to the following conditions~
1. All drainage facilities are to be completely underground, covered
with top soil and graded to the natural contour of the land, at the expense of
the TOWN, and
2. The graded area shall be seeded with grass comparable to the
grass on the remainder of the open space area of SOUTHOLD GARDENS, at the
expense of the TOWN.
3. The above work shall be completed on or before Feb~ua~y.1;~1980,
with the exception of final ~rading and seeding which will be completed in the
Spring of 1980.
~. SOUTHOLD GARDENS agrees to mow said area and otherwise maintain
the appearance of the area.
5. The TOWN shall be responsible for all maintenance of the drainage
facilities and connections to the Town drainage system.
5. if it is necessary for the TOWN to'enter upon the property to
maintain, repair and/or replace s&id facilities, the TOWN will promptly restore
the area, .including reseeding, to the condition that existed prior to any such
entry. In the event thatsaid maintenance, repair and/or replacement requires
excavation of all or any part of said premises, the TOWN shall give prior
written notice thereof to SOUTHOLD GARDENS at the place as may from time to
time be designated by SOUTHOLD GARDENS.
~. In the event that the surface ~ater runoff from Hill Road West
results in standing water on the easement area, the TOWN agrees to take such
steps as may be required to correct the condition.
TO HAVE AND TO HOLD the said right and easement unto the TOWN, its
successors and assigns, forever.
IN WITNESS WHEREOF, the parties have placed their hands and seals on
the date hereof.
TOWN zOF/;S6UT~OLD
~S/THOiD GARDENS
]~icha~d J. Babcock
STATE OF NEW YORK, COUNTY OF SUFFOLK ss:
On the~ ~ day of~c~ 1979, before me personally came
~-~ ~' to me known, who, being by me duly sworn,
did depose and say that he resides at No. ~e~-~ ~ ~
; that he is
the ~.~/~ ~'~ of TOWN OF SOUTHOLD
the corporatlon described in and which executed the foregoing instrtlment; that
he knows the seal of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed by order of the
board of directors of said corporation, and that he signed hfs name thereto
by like order.
JUDITH T. TERRY
Notary Public, State of New York
No. 52-0344963 Suffolk County~ ·
STATE O~ NEW YORK~ COUNTY OF SUFFOLK SS: Commission Expires March $0~
On the l0 day of July 1979, before me personally came RICHARD J.
BABCOCK, a co-partner of SOUTHOLD GARDENS, a Co-Partnership, to me known to
be the individual described in and who executed the foregoing instrument, and
acknowledged that he executed the same as a c,~artner~ O~SOUT[{OLD GARDENS.
~ Notary Public
A~I~I[ A. WlCKHAM
NotaryPublic, State of New York
No. 52-4642871
Qualified in Suffolk Courltv
Term Expires March 30,
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