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HomeMy WebLinkAboutEugene's Road & Bay Ave ., ~. ,j......- ()/ , . . :S~ .' I THIS AGREEMENT, made this 2nd day of December , 1986, betwee n ROBERT GILBERT, residing at Cutchogue, New York, hereinafter referred to as the "Grantor", and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at Main Road, Southold, New York, hereinafter referred to as the "G rantee" . .J '. .., WHEREAS, the Grantor is the owner in fee of premises located at the southwest corner of Eugene's Road and Bay Avenue, also known as Skunk Lane, at Cutchogue, in the Town of Southold, Suffolk County, New York, said premises being shown and designated on the Suffolk County Tax Map as District 1000, Section 097, Block 08, Lot 6; and WHEREAS, the Grantee, for highway drainage purposes, proposes to install catch basins in the shoulder of Bay Avenue adjacent to the premises of the Grantor, and then to connect the same to drainage pipes to extend from said catch basins to a pond located on the premises of Grantor and thence from said pond southerly to a. proposed reed basin located on premises of Albert J. Krupski, Jr.; now therefore, IT IS HEREBY AGREED: 1. That the Grantor, in consideration of the sum of $10.00 and other good and valuable consideration paid by the Grantee, does hereby grant unto the Grantee easements consisting of two strips of land each twenty feet in width, extending from the westerly side of Bay Avenue in a westerly direction to a pond and thence from the southerly side .of said pond extending southerly to . land of Albert J. Krupski,Jr., together with the right to discharge highway surface waters through underground pipes into said pond and thence from said pond through underground pipes southerly to a reed basin to be con- . . ,,~\ . .. structed on the premises of the said Albert J. Krupski, Jr., said two strips of land being described as follows: All those certain plots, pieces or parcels of land situate, lying and being at Cutchogue in the Town of Southold, Suffolk County, New York, bounded and described as follows: Easement Area A Beginning at a point on the westerly line of Bay Avenue, which point is South 30 degrees 58 minutes 10 seconds East 101.67 feet from the intersection of the southerly line of Eugene's Road with the westerly line of Bay Avenue and running thence along said westerly line of Bay Avenue South 30 degrees 58 minutes 10 seconds East 20.01 feet; running thence through land of the Grantor South 61 degrees 04 minutes West 55.00 feet to the shore of said pond; thence along the shore of said pond North 22 degrees 24 minutes 10 seconds West 20.13 feet; thence North 61 degrees 04 minutes East 52.00 feet to said westerly line of Bay Avenue and the point or place of beginning. Easement Area B B_eginning at a point on the boundary line between land of the Grantor and land of Albert J. Krupski, Jr., which point is south 64 degrees 17 minutes 10 seconds West 90.00 feet from the westerly line of Bay Avenue; from said point of beginning running thence along said boundary line South 64 degrees 17 minutes 10 seconds West 20 feet; thence through the land of the Grantor North 25 degrees 42 minutes 50 seconds West 28 feet, more or less, to the shoreline of a pond; thence along the southerly shore- line of the pond, North 52 degrees 58 minutes 30 seconds East 20.40 feet; thence South 25 degrees 42 minutes 50 seconds East 24 feet, more. or less, to the point or place of beginning. TOGETHER WITH the right of the Grantee to enter upon the above described easement areas at all reasonable times to install underground pipes and to repai r, maintain, operate and replace the same during the term hereof. 2. The Grantor does hereby reserve the right to use and enjoy the premises above described to the fullest extent possible without unreasonable interference with the exercise by the Grantee of the rights granted herein. -2- ".,l " . ,.;\t . " . 3. The Grantee does hereby agree .to bury all pipelines to a depth that is sufficient to avoid any interference with the normal use of the Grantor's premises by the Grantor. The Grantee does further agree to pay any and all damages to the premises of the Grantor that may arise from the construction, maintenance and operations of the Grantee pursuant to the terms hereof. II. The Grantee covenants and agrees that, during the term of this Agreement, the Grantee shall maintain the pond on the Grantor's premises free from silt which may be deposited therein by reason of the operations conducted by the Grantee. S. The Grantee may, upon prior written consent of the Grantor, conduct such operations within the pond and areas adjacent thereto as may be deemed necessary for the proper and efficient use thereof for the purposes hereof. 6. The rights granted herein shall terminate ten (10) years from the date hereof unless the same are extended by written agreement by the parties hereto, or thei r respective successors and assigns. 7. This Agreement and the easements 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 this agreement the day and year first above written. fk y A'4~ , Robert Gilbert TOWN -3- ... . . . .t' f . . STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this/.5~ay of FG/3;ZtrMJf 1986, before me personally came ROBERT GILBERT, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. !It~~ au,AN .. YOUNGS, Notary PubllO Stat. of N_ York. t..l:Jllflltd In Suffolk County, NO. 52-436627IM!? '/ COmmission Eaplres March 30, -f:-J , STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On this 2nd day of December 1986, before me personally came FRANCIS J. MURPHY, to me known, who being by me duly sworn, did depose and say that he resides at Old Main Road, Mattituck, 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. /' . (/ f1ZZ::,,:~~ ~-~/I ~. 'it --7../'--7?~/ L/ Notary Public ~ JUDITH T. TERRY Not8rY Public, ~ of New York No. 6~-03..983 Suffolk ~(1 Commission ExplreI March 30, 19,.1/ -4-