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HomeMy WebLinkAboutGada Family PartnershipHENRY SOUTHER ENGINEERING INC. 25 Terrace Drive Vernon, Conn. 06066 Tel. (203) 872-2703 A RICHARD LOMBARDI, PE. PRESIDENT CHARLES I. PELLETIER, P.E. & L.S. ROMANW PLATOSH, PE. A Division of: A.R. Lombardi Associates Inc. ENVIRONMENTAL CONSULTANTS SEP 1. 819B6 September 16, 1986 Mrs. Judith Terry Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 Re: Fishers Island Wastewater Project - GADA Easement Dear Mrs. Terry: A copy of the subject easement with an original signature is enclosed for filing. We have retained a copy for our records. MAH:sab Enclosure: Easement Gada cc: Atty. Rutherfurd Atty. Tasker Respectfully, HENRY SOUTHER ENGINEERING,INC. Michael A. Home, P.E. SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the Gada Family Partnership (hereinafter "Grantor"), for a valuable consideration, receipt whereof is hereby acknowledged, does hereby grant to Fishers Island Sewer District, Town of Sonthold, (hereinafter "Grantee"), its successors and assigns the permanent right to install, operate, maintain, renew, replace and repair a sanitary sewer with such appurtenances, including manholes as are from time to time needed for the conveyance of sewage, together with the right to enter in connection therewith, all under, over and across Grantor's land in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: See map entitled "Sanitary sewer easement to be acquired from Gada Family Partnership by Fishers Island Sewer District, Town of Southold N.Y." dated June 11, 1984 prepared by A.R. Lombardi Associates, Inc. Vernon,CT. being a portion of the premises described in the Suffolk Count~ Land Records in Liber 9124 Page 530. The aforesaid rights shall include the right to trim and keep trimmed, cut clear and removed, by mechanical means or otherwise, trees, underbrush and other growth (other than crops or grassland except in the exercise of this easement) which are within the limits of said right of way and which may interfere with the exercise of the rights and/or easements herein granted, or any of them, or which may create a hazard; the right to control the growth of such trees, underbrush and other growth by the use of chemicals or otherwise, provided such right to use chemicals shall not apply to any area which at the time of exercising such right is used for growing crops, other than trees over six feet tall, or for mowing or grassland; the right to dispose of all wood cut; and the right to remove any structures within or projecting into said right of way. Grantor agrees not to erect any building structure on, place or store any materials on, store any vehicles on, grade, excavate, fill or flood said right of way, or otherwise use said right of way in any manner which, in the opinion of Grantee, may interfere with the exercise of the rights and/or easements herein granged, or any of them, or which may create a hazard. Grantor further agrees that nothing shall be attached to the property of Grantee installed by virtue of this easement except such things as are placed thereon by Grantee. Any right herein described or granted or any interest therein or part thereof may be assigned to any assignee or asignees of Grantee, its successors and assigns, and Grantor, for itself, its heirs, executors, administratgrs, successors and assigns, hereby agrees to and does ratify any such assignment or assignments. ~ Grantee agrees not to assess a benefit against the land in question as a result of the contruction and/or completion of the facility intended. TO HAVE AND TO HOLD the said granted and bargained easement, privilege, and right of way and its appurtenances to Grantee and its successors and assigns forever, to its and their own proper use and behoof. And Grantor, for itself, its heirs, executors, adminstrators, successors and assigns, covenants with the said Grantee, its successors and assigns, that at and until the ensealing of these presents it is well seized of the premises as a good indefeasible estate in fee simple and has good right to bargain and sell the same in manner and form as is above written, and that the same is free from all encumbrances whatsoever exept as hereinbefore mentioned. And furthermore, Grantor does by these presents bind itself and its heirs, successors and assigns forever to WARRANT AND DEFEND th~ above granted and bargained premises to Grantee, its successors and assigns, against all claims and demands whatsoever, except as hereinbefore mentioned. The provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, adminstrators, successors and assigns, and whenever used the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, Grantor has hereunto set or caused to be set its hand and seal this ~l~ day of ~t'O~-~ , 19~ STATE OF NEW. YORK) COUNTY OF SUFFOLK) Signed,' S'ealed and Delivered in the Presence of: MARY B. PANKIEWICZ NOTARY PUbLiC, STATE OF NEW Nn ~.R~ST~fl -- SUFFOJ~ COUNI~ CUMMISSION EXPIRES MA~ ~. (L.S.)