HomeMy WebLinkAboutNorth Fork Housing Alliance AGREEMENT, made this ~Tday of September, 1989, by and
between TOWN OF SOUTHOLD, a municipal corporation with offices at
Main Road, Southampton, New York, ("Town") and NORTH FORK HOUSING
ALLIANCE, a not-for-profit corporation with offices at 110 South
Street, Greenport, New York.
The parties to this Agreement are owners of adjoining
parcels of real property hereinafter described and these parcels
of property have a common boundary. As a part of its affordable
housing program, the Town of Southold has deeded to the North
Fork Housing Alliance lands for the development of affordable
housing. The real property described in this agreement does not
have frontage on a public road. To render this parcel
accessible, the Town wishes to grant a twenty foot (20') wide
right of way to the North Fork Housing Alliance and its
successors to permit access to this parcel.
NOW, THEREFORE, in consideration of Ten Dollars
($10.00) and
other good and valuable consideration the parties
agree hereto as
Colonial Road within the Town of Southold. The deed to these
premises, granting title to the Town of Southold, was duly
recorded in the Office of the Clerk of the County of Suffolk on
follows:
1. The Town of Southold represents that it is the fee
owner of premises identified as Suffolk County Tax Map No.
05
1000-079-06- located at the northeast corner of Liberty Lane and
the
.
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2. The Town
~/~ ~ , 197~in Liber~7~ page
of Southold hereby grants to the North Fork
Housing Alliance, the owners of the parcel of realty adjoining
the above-described parcel on its northern boundary which said
adjacent parcel of land is designated on the Suffolk County Tax
Map as number 1000-079-06-3.7, an easement for the purposes of
permitting ingress and egress of persons and motor vehicles and
permitting the installation of all telephone, electric, water,
sewage or cable television lines either above ground or below,
over a twenty foot (20') right of way, which consists of a strip
of land twenty feet (20') wide and one hundred feet (100') long
and running in a northerly direction and which is entirely
located on the property owned by the Town of Southold described
above, said right of way being more particularly described as:
BEGINNING at a point along the northerly boundary of
liberty lane located north 57° 34' 10" west a distance
of 8.16 feet from the northeasterly corner of the
intersection of Colonial Road and Liberty Lane running
thence along the northerly boundary of Liberty Lane
north 57° 34' 10" west a distance of 20 feet thence
north 32° 25' 50" east 100.00 feet to the lands of the
North Fork Housing Alliance thence along said lands
south 57° 34' 10" east a distance of 20.00 feet thence
south 32° 25' 50" west a distance of 100.00 feet to the
point or place of beginning.
The grantees herein and their heirs, successors and assigns
do hereby covenant and agree to pay for the costs of the
maintenance and repair of the right of way on the condition that
the Town of Southold refrains from any act which will impair the
-2-
use of the right of way as a means of ingress and
persons and motor vehicles and for the installation of
above-described utilities over or under the right of way
the rear of the premises.
egress for
the
and to
The Town of Southold hereby covenants and agrees that it
will do nothing to impair the use of said right of way and will
not obstruct the common driveway nor interfere with the use of
the right of way.
IN WITNESS WHEREOF, the Town of Southold has duly executed
this instrument the day and year first above written.
TOWN OF SOUTHOLD
~ Supervisor
STATE OF NEW YORK )
) SS.
COUNTY OF SUFFOLK )
On the ~Zday of September, 1989, before me personally
came Francis Murphy to me known, who, being by me duly sworn, did
depose and say that h~. r~s~de~ a~_~,~-~/~_C ~ ,
t~r,DF~KS~, New York, =na= ne ~s the ~upervisor of the Town of
Southold, the municipal 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 his named
thereto by like order.
N~otary Publi6 '
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LISA C. KOMERINK
MARY C. CRONIN
JOAN C. HATFIELDo
MICHAEL A. EIRIGNANO
TWOMEY~ LATHAM, SHEA & K;LL -
ATTORNEYS AT LAW
HIVEHHEAD~ NEW YORK 11901
516-727-2180
TELEI=AX: 516-727-1757
MAIN STREET
May 21, 1992
Matthew G. Kiernan, Esq.
Deputy TOW~ Attorney
Town of Southold
53095 Main Road
PO Box 1179
Southold, New York 11971
Re: Deed of Easement to Joanne Perez
Dear Matt:
The above-referenced issue over the access from the public road to
the Droperty of Joanne Perez has not been resolved. I enclose my
prior letter of November 21st to you regarding the Town's request
for Dayment for the right-of-way over this lot contrary to the
prior Town Board's understanding.
Please let me know how the Town Board plans to proceed with
respect to this DroDerty.
P. Edward Reale
PER:JML
Enclosure
cc:
Jim MacMahon
North Fork Housing Alliance,
John L. Hiller, Esq.
Inc.