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HomeMy WebLinkAboutLaurel Lake Trails SUFFOLK COUNTY WATER AUTHORITY Timothy J. Hopkins General Counsel Administrative Offices: 4060 Sunrise Highway, Oakdale, NY 11769-0901 (631) 563-0236 Fax (631) 563-0370 RECEIVED November 30, 2006 DEe 1 2006 Mr. James McMahon Town of South old P.O. Box 1179 Southold, NY 11971 Soutbold TCIVIR Clerk Re: Laurel Lake Trails - Easement - SCTM # 1000-125.00-01.00-014.000 Dear Mr. McMahon: Enclosed herewith is a copy of the recorded easement for the property cited above. If you have any questions, kindly call John C. Milazzo, Atty, at 631-563-0308. Very truly yours, ~\nI"~~i~~ ~imberly Kenned f Assistant to General Counsel lattachments '. Number of pages TORRENS Deed . Mortgage Instrument Deed I Mortgage Tax Stamp FEES RECORDED 2006 Sep 25 03:45:40 PM Judith R. Pascale CLERK OF SUFFOLK COUNTY L 000012471 P 045 DTtI 06-06957 Recording I Filing Stamps Serial # Certificate # Prior Ctf. # 3 TP-584 5. ..O!.L 5""' Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. I Assit. Page I Filing Fee Handling Notation or EA-5217 (County) EA-5217 (State) RP.T.S.A. ~ Sub Total I-Y Spec. I Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for APPOintme~ Transfer Tax Mans. l' / Ion ax Comm. of Ed. 5. 00 .it) - Certified Copy Reg. Copy Other Sub Total The property covered by this motgage is or will be inlproved by a one or two family dwelling only. YES or NO If NO. see appropriate tax clause on page # of this ins ent. ,;y 0 --c~'c'Pmerfatlon Fund $fd . $ Affidavit IS~ Gnnd Total :J~. 1_ . .,J -_.- --:i'} 1.000 c1.;l;5PQ 01.00'Oi4QpQ -po: 'f--" Real Property Tax Service Agency Verification Improved Vacant Land V' 6 Satisfaction/DischargeslRelease List Property Owners Mailing Address RECORD & RETURN TO: Suffolk County Water Authority P.O. Box 37 4060 Sunrise Highway Oakdale, New York 11769 TD TD TD . .' Title-CompBDylBtoPm8ti6n Co. Name TItle # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached easement made by: (SPECIFY TYPE OF INSTRUMENT) Town of Southold The premisis herein is situated in TO SUFFOLK COUNTY, NEW YORK. In the Township of Southold In the VILLAGE Suffolk County Water Authority or HAMLET of 'I' BOXES 6 TIIROUGH 8 MUST BEl TYPED OR PRINTED. IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ( nVA,,\ 1 , lID~@U:~W~Th\ lID. NOV 152006 lID B. y. ............. . ....... 1111111111111111111111111111111111111111111111111111111 1I111I1111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 6 Receipt Number : 06-0093814 TRANSFER TAX NUMBER: 06-06957 Recorded: At: 09/25/2006 03:45:40 PM LIBER: PAGE: D00012471 045 Deed Amount: Section: 125.00 EXAMINED AND $0.00 Block: 01. 00 CHARGED AS Lot: District: 1000 014.000 FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0.00 YES Handling $0.00 YES COE $0.00 YES NYS SRCHG $0.00 YES TP-584 $0.00 YES Notation $0.00 YES Cert~Copies $0.00 YES RPT $0.00 YES SCTM $0.00 YES Transfer tax $0.00 YES Comm.Pres $0.00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 06-06957 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ; " EASEMENT AGREEMENT tot! ~ TmSINDENTUREmadethis~~ day of r 2006, between the Town of South old, a municipal corporation, with i principal place of business at 53095 Main Road, Southold, New York 11971, hereinafter Grantor, and the SUFFOLK COUNTY WATER AUTHORITY (hereinafter "SCW A"), a public benefit corporation having its principal place of business at 4060 Sunrise Highway, Oakdale, New York 11969, Grantee. WITNESSETH: WHEREAS, the Grantor is seized of certain premises described in Schedule A, attached hereto and made part hereof, and has good right to convey the same (hereinafter the "Premises"); and WHEREAS, the Grantor covenants that the said Premises are free and clear of encumbrances other than those of record; and WHEREAS, the Grantee owns and operates a public water supply system adjacent to and in the vicinity of the Premises; and WHEREAS, Grantor wants to convey an easement in perpetuity on, over and across the Premises described in Schedule A to the Grantee, its successors, and assigns use, for the water supply purposes as set forth below; NOW THEREFORE, the Grantor, in consideration ofTEN DOLLARS ($10.00) and other good and valuable consideration paid by the Grantee, does hereby grant and convey unto the Grantee, its successors and assigns forever an easement in perpetuity over the Premises consisting of: 1. The right to install, operate, maintain, repair and replace water mains and/or appurtenances and anci11ary facilities, without limitation for the purposes of supplying, delivering, and transmitting water for public water supply purposes from, through, or within the Premises, including the right to operate machinery, without limitation, to effect the same, 2. The right ofvehicu1ar, equipment, machinery and pedestrian ingress and egress over the Premises. Said right sha11 be exercised by Grantee upon Grantor's approval which shall not be unreasonably withheld or conditioned and only to the extent that Grantee, in its sole discretion, determines that Grantee's ingress and egress through the Long Island rail road trestle to Grantee's adjacent parcel is impracticable. Grantee sha11 provide Grantor reasonable advance notice of its intent to cross the Premises for such access purposes. Notwithstanding the foregoing, in the event of an emergency related to Grantee's operations, Grantee not need provide prior notice to Grantor of Grantee's intent to cross the Premises prior to crossing the Premises but sha11 to the extent practicable provide notice after the emergency condition has ceased. 3. The right to clear and disturb, in any reasonable manner, form or way, without limitation, the Premises to effect the terms of these easement. TO HAVE AND TO HOLD, the rights and easements granted herein unto the Grantee, its successors and assigns, and which shall run with the Premises in perpetuity. AND said Grantor and Grantee mutually agree and covenant as follows: I. All mains and! or appurtenances installed or to be installed by the Grantee, its successors and assigns, shall be and remain property of the Grantee, its successors and assigns, forever; 2. That the Grantee shall quietly enjoy the said rights and easements; 3. Grantee agrees, to the extent possible, to restore any areas disturbed by Grantee to a condition similar to that which existed prior to the disturbance. 4. Any rule of strict construction designed to limit the breadth of the restrictions on the use of the Premises shall not apply in the construction or interpretation of this easement, and, this easement shall be interpreted broadly to effect the purposes of this easement as intended by Grantor. 5. Grantee shall defend, indP.mn;fy, and save harmless, to the extent permitted by law, Grantor, its offu:ers, agents, servants, and employees against and from all suits, losses, dP.mllnds, actions, recoveries, judgments, and costs of every kind and description and from all damages to which the Grantor, or any of its officers, agents, servants, employees may be su~ected by reason of injury to person or property of others resulting from Grantee's use of this Easement, or through any act or omission on the part of the Grantee, of its agents, employees, or servants. IN WITNESS WHEREOF, the Grantor has executed and delivered and Grantee has accepted this easement and Grantor and Grantee have hereunto set their respective hands and seals, caused their corporate seals to be hereunto affixed and caused these presents to be signed by their duly authorized Officers, the day and year first above written. WITNESS: roWNZOLD By:. ~ Scott A. Russell Titk:Southold Town Supervisor By: 2 SCHEDULE A All that certain piece or parcel of land lying and being in Laure~ Town of South old, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Main Road, New York State Route 25, being the centerline of a twenty foot (20) wide easement herein described, said BEGINNING point being the following four courses and distances from the intersection of the easterly property line of lands of the Town of Southold where it intersects with the northerly line of the Long Island Railroad. 1. South 46 degrees 53 minutes 39 seconds West a distance of 196.04 feet, 2. South 78 degrees 03 minutes 40 seconds West a distance of 139.84 feet, 3. South 72 degrees 51 minutes 10 seconds West a distance of215.63 feet, 4. South 85 degrees 44 minutes 00 seconds West a distance of233.66 feet, to the true place or point of BEGINNING. Running the following twenty-five (25) courses and distances: 1. Thence, North 00 degrees 27 minutes 32 seconds East, 39.18 feet, 2. Thence North 09 degrees 06 minutes 58 seconds East, 39.57 feet, 3. Thence North 38 degrees 57 minutes 21 seconds East, 34.26 feet, 4. Thence North 47 degrees 17 minutes 44 seconds East, 111.96 feet, 5. Thence North 39 degrees 07 minutes 14 seconds East, 26.18 feet, 6. Thence North 14 degrees 39 minutes 51 seconds East, 33.60 feet, 7. Thence North 07 degrees 52 minutes 16 seconds West, 171.74 feet, 8. Thence North 13 degrees 48 minutes 31 seconds West, 31.24 feet, 9. Thence North 23 degrees 34 minutes 01 seconds West, 46.50 feet, 10. Thence North 31 degrees 04 minutes 46 seconds West, 106.43 feet, 11. Thence North 22 degrees 01 minutes 55 seconds West, 129.45 feet, 12. Thence North 09 degrees 43 minutes 16 seconds West, 34.60 feet, 13. Thence North 18 degrees 08 minutes 30 seconds East, 26.53 feet, 14. Thence North 45 degrees 03 minutes 44 seconds East, 24.46 feet, 15. Thence North 67 degrees 29 minutes 29 seconds East, 47.47 feet, 16. Thence North 56 degrees 57 minutes 17 seconds East, 95.29 feet, 17. Thence North 72 degrees 55 minutes 16 seconds East, 30.51 feet, 18. Thence South 89 degrees 33 minutes 58 seconds East, 36.17 feet, 19. Thence South 70 degrees 29 minutes 59 seconds East, 43.63 feet, 20. Thence South 58 degrees 52 minutes 00 seconds East, 95.63 feet, 21. Thence South 62 degrees 36 minutes 46 seconds East, 46.96 feet, 22. Thence South 71 degrees 19 minutes 44 seconds East, 121.43 feet, 4 , . ., . 23. Thence South 82 degrees 03 minutes 31 seconds East, 28.68 feet, 24. Thence North 86 degrees 29 minutes 27 seconds East, 27.37 feet, 25. Thence North 73 degrees 06 minutes 15 seconds East, 33.50 feet, to a point on the westerly property line of the Suffolk County Water Authority said point also being North 35 degrees 01 minutes 10 seconds West 302.74 feet from a monument set on the northeast comer of property of the Town of Southold. SCTM 1000-125-1-14 (P/o) i d ~ i ! I I I I ,: 1 " ,f . .4' j 5 1 t .if I ! / , ,f f / "i " ;; 1. I :1 ,1 'j 4 ; }f. , . . STATE OF NEW YORK} 88.: COUNTY OF SUFFOLK} On the~ daYOf~ in the year~OO" befure me, the undersigned, a Notary S =.~,~~ lfd ~tate, personally appeared to personally known to me or proved to me on the basis of satisfilctory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrwnent and acknowledged to me that he/she/they executed the same in his/h<</their capacity(ies), and that by his/h<</their signature(s) on the instrwnent, the individnal(s) or the person upon behalf of which theindividnal(s) acted, executed the instrwnent ~""f~~(J~ Notary Public UNOA J COOPER NOTAl'lY PUBUO, Stale of New YdIk NO 01004822563, Suffolk COun\J, Term expires December 31, 20..41' , w; ;f ,,' STATE OF NEW YORK} ss,: COUNTY OF SUFFOLK} On the:la- daYOf~~ the~befure me, the undtl"signed, a otary Public in and fur said State, personally appeared Stephen M. Jones, personally known to me or proved to me on the basis of satisfilctory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrwnent and acknowledged to me that he/shelthey executed the same in hisIh<</their capacity(ies), and thaI by hisIh<</their signature(s) on the instrwnent, the individnal(s) or the person upon behalf of which the individnal(s) acted, executed the instrwnent. ti;'~~cRl a. "!rvtlrIf J KIMBERLY A. KENNEDY Notary Public, State of New York Qualified Iii Suffolk Counly 101KE6031001 Commlsolon ExpIres September 20, 20d ....<-<:/''''-'' ~'" "'.... ,.... , d"f.'" -,,#'" // " ~,." "") / ;[ 4- l t t I ft ) 3