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HomeMy WebLinkAboutEdson, Lewis LGRANT OF DRAINAGE EASEMENT and between Lewis L, Edson. residing at Maple Lane, Southold. Suffolk County, New York (the "Grantor") and the Town of Southold. a municipal corporation of the State of New York, having its office at 53095 Main Road. Southold. Suffolk County. New York (the "Grantee"), WHEREAS. the Grantor is the owner of a certain parcel of land containing 0,2637 acres, more or less. of land located on the west side of Hobart Road in the Hamlet of Southold. Town of Southold, Suffolk (~ounty. New York. generally bounded northerly by land now or formerly of Heppa; easterly by Hobart Road; southerly by other lands of Edson, and westerly by other lands of Edson. said land being depicted as "Drainage Easement to Town of Southold" on a certain map prepared by Van Tuyl and Son, licensed land surveyors entitled "Map of Land Surveyed for Lefferts Paine Edson at Southold. Town of Southold. New York" dated June 14. 1989. and which said parcel of land is hereinafter referred to as "the Premises"; and WHEREAS, the Grantee, for drainage purposes proposes to construct an artificial wetland to purify road runoff and surface waters that drain towards Town Creek; WHEREAS. the Grantor has agreed to grant to the Grantee easements over and in the land of the Grantor as described above for such purposes; NOW THEREFORE, IN CONSIDERATION OF One ($1,00) Dollar and other good and valuable consideration paid by the Grantee to the Grantor and receipt of which is hereby acknowledged, this agreement witnesseth that: 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises. 2. The nature, character and extent of the easement hereby granted is as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install and create an artificial wetland in the premises and to repair, maintain replace and remove same including any existing pipes currently within the easement area. l ii) To perform such grading and excavation and the planting of such vegetation and the installation of such facilities as shall be required for the construction, operation, repair, replacement and maintenance of an artificial wetland and/or reed beds for the collection of highway drainage waters and to PUrify the same for purpose of discharging the same into a drainage gutter extending southerly from the premises and thence into Town Creek. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. In as much as the three properties ( ) front on Hobart Road, the Town recognizes the existence of legal access to these lots and covenants that the Grantees acts shall not inhibit any access, includinq access to the property off of Hobart Roa.~_d, currently .available to the Grantor, other than on a temporary basis to replace existing culverts or pipes. Furthermore, the construction and/or operation of the drainage easement shall is no way affect the current status of the Grantor's legal access from Hobart Road to Grantee's property, 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction and/or operation of the drainage easement thereon by the Grantee. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement, Prior to operations being carried out, Grantee shall obtain written approval from the Grantor of the plans and specifications of the drainage operations. Grantee further aqrees that construction of the proiect will beqin within one (1) year of the siqninq of this aqreement and that construction will be completed within two (2) years from the date of the aqreement, Grantee further agrees to construct no fences, walls or the like as part of this project. 6. The rights for ten (10) years, at granted herein shall continue and remain in effect which time all of the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or s prior to the end of any extension period, either party before sixty (60) day hereto by written instrument ~/t'~4~-~---~J' :.. LI.._.~r_.".':ll( Co~.,Ay Clerl(~, ~f~Jr~determine to terminate the same. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns, IN WITNESS WHEREOF, the parties hereto have hereunto executed TOWN OF SCJUTHOLD 5-cott L. ff-larris,' Supervisor STATE OF NEW YORK) SS: COUNTY OF SUFFOLKI On the ~ day of lewis I... Edson. to me known to be the 199[~, before me personally came individual described in and who executed the foregoing instrument, and he acknowledged that he executed the same. RUDOLPH H. BRUER Notary Public, State of New Yo~'k No. 52-0465530, SuffoJk County Commission Expires March 30, STATE OF NEW YORK) SS; COUNTY OF SUFFOLK) ' ' iOn this //c~~--~.day came Scott L, of ~'~, 1991. before me personally Harris. to me known, who being by me duly sworn, did depose and say that he resides at 37800 Main Road. Orient, New York; that he is the Supervisor of the Town of Southold. the municipal corporation described in and which executed the above 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 Town Board of said corporation, and that he signed his name thereto by like order. Notary Public ~/' JUDITH ~ TERRY NotaW Public, State of New Yo~k No. 52-0344963 Qualified in Suffolk Counw ,~/ Commission Expires May ~l, 19.~. -4- JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 March 19, 1991 Rudolph H. Bruer, Esq. Main Road Southold, New York 11971 Dear Rudy: Transmitted herewith ia the executed Grant of Drainage Easement between Lewis L. Edson and the Town of Southold, for his land located on the west side of Hobart Road, Southold. Also enclosed is a check for $1.00 for the life of the agreement. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Supt. of Hwys. Jacobs J. McMahon, Comm. Dev. Admin. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 12, 1991: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute a Grant of Drainage Easement between Lewis L. Edson and the Town of Southold, whereby Mr. Edson has agreed to grant the Town an easement over his 0.2637 acres of land located on the west side of Hobart Road, Southold, which the Town proposes to use for drainage proposes to construct an artificial wetland to purify road runoff and surface waters that drain towards Town Creek, Southold; said easement to be for a period of ten (10) years, with automatic extensions for successive periods of one (1) year; all in consideration of One ($1.00) Dollar to be paid by the Town to Lewis L. Edson. March 14, 1991 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 12, 1991: RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10, and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, in conducting an uncoordinated review of this unlisted action, has determined that there will be no significant effect on the environment. Description of Action: Proposal to construct an artificial wetland at the head of Town Creek, Southold; stormwater runoff will be diverted into a series of wells and overflow will go into a artificial wetland area; wetland vegetation will remove silt and sediment and reduce other runoff associated problems. In conjunction with this project the Town Board wishes to enter into a drainage easement with Lewis L. Edson where the project will be located. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment Form has been submitted and reviewed and the Town Board has concluded that no significant adverse effect to the environment is likely to occur should the project be implemented as planned. Southold Town Clerk March 14. 1991 14-16-4 (2/87)--Text 12 PROJECT I.D. NUMBER 617'.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Southold Hobart Road Drmin~gP Prmj~t 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Hobart Road, Southold Suffolk County Tax Map 1000-64-1-28 SEQR 5. ~New ACTION: IS PROP ED [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town of Southold proposes to construct and artificial wetland at the head of Town Creek, Southold. Stormwater runoff will be diverted into a series of wells and overflow will go inCo a artificial wetland area. Wetland vegetation will remove silt and sediment and reduce other runoff associated problems. 7. AMOUNT OF LAND AFFECTED: Initially , ~o acres Ultimately · ~ · acres WILL P POSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? No If No, describe briefly ~identlal [] Industrial [] Commercial WHAT PRESENT LAND USE IN VICINITY OF PROJECT? Describe: [] Agriculture [] Park/Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE O..~ LOCAL)? E~Yes [] No If yes, list agency(s) and permitlapprova~s NYSDEC, Southold Town Trustees, this project is funded by Corm%unity Development Block Grant funds. 11. DOES ~S P F.~[' ANY ASP OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~No if yes, list agency name and permit/approval 12. AS A RESULT [] Yes OF~E OPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor J~t~e: TOW1/ of S~hold Signature: 4~r'~[~'~l~ - ~1~ ~ . ~ ~uDe~visor If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Date:March 6, 1991 OVER 1 PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) DOES ACTION EXC D ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL EAF. [] Yes B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If No, a negative declaration may be superseded by another involved agency. /do. D. IS THERE, OR IS~ THEJ~,ETHE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? []Yes ~ If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, [arge, important or otherwise significant Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (dl irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure thru explanations contain sufficient detail to show that aH relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: SCHEDULE A All those certain plots, pieces or parcels of land situate, lying and being at Southold, in the Town of Southold, County of Suffolk, State of New York, bounded and described as fellows: Beginning at a point on the westerly line of Hobart Road, 400.0 feet southerly along said llne from its intersection with the southerly line of Main Road; said point being the southeasterly corner of land now or formerly of Heppa; from said point of beginning, running thence along said westerly line of Hobart Road, S. 27°06'I0"E.-161.23 feet to a point; thence along and through lands of Edson two courses; 1 ) S.810~,7'20"W,-77.18 feet; thence 2) N.27°06'10"W.-153.36 feet to the southwesterly corner of said land now or formerly of Heppa; thence along said land, N.76°05'20"E.-75.0 feet to the point of beginning. Containing 11,486 square feet or 0.2637 acre. Determine that construction of an artificial wetlands on the proDerty of Lewis L. Edson, as described in the attached Schedule A, shall have no significant effect on the environment.