HomeMy WebLinkAboutLong Creek DriveGrant of Drainage Easement
THIS INDENTURE made this 20th day of August ,1996 by and
between William R. Mosher and Ella Mosher, residing at 400 Long Creek Drive,
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 ~3095 Main Road,
Southold, Suffolk County, New York (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land located on the south
side of Long Creek Drive in the Hamlet of Southoid, Town of Southold, Suffolk County,
New York, generally bounded northerly by Long Creek Drive easterly by Drucker;
southerly by lands of Ruthinoske, Mullen and Grefe and westerly by Grattan,
(SCTM#1000-Sfi-4-23.1), as further described in Exhibit A.
WHEREAS, the Grantee, for drainage purposes proposes to construct an artificial
wetland to purify road runoff and surface waters that drain towards Long Creek and
Hashamomuck Pond,
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 (see
Schedule B).
The nature, character and extent of the easement hereby granted is as
follows:
(a) The Grantee has the right 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.
(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 for the
collection of highway drainage waters and to purify the same
for purpose of discharging the same into a drainage gutter
extending northerly from the premises and thence into Uong
Creek and Hashamomuck Pond.
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. The
Grantor agrees not to alter or harm the artificial wetland created by the
Grantee.
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 and further agrees to
indemnify and hold the Grantor harmless for any injuries sustained on the
premises,
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 agrees that construction of the
project will begin within one (1) year of the signing of this agreement and
that construction will be completed within one (1) year from the date of
the agreement. Grantee further agrees to construct no fences, walls or the
like as part of this project.
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 this Agreement
the day and year first above written.
William R. Mosher ~
Ella Mosher
Jean"-W. Cochran, Supervisor
Town of Southold
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On this (~'~ day of /~fo~' , 1996, before me personally came William R.
Mosher, to me known to be the individual described in and who executed the foregoing
instrument as the Grantor, and he acknowledged that he executed the same.
No. S2-452?s13
~ in Suffolk Co~r~y
~lr l~to~ Expi~ea AU~ 31.19~
Onthis ~ dayof
Notary Public
,1996, before me personally came Ella Mosher, to
me known to the individual described in and who executed the foregoing instrument as
the Grantor, and she acknowledged that she executed the same.
Notary Public
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On this~0~day of ~4~t~1996, before me personally came .lean W. Cochran
to me known, who being by n~e duly sworn, did depose and say that she is the
Supervisor of the Town of Southold, the municipal Corporation described in and which
executed the above instrument as the Grantee, that she acknowledged to me that she
executed it pursuant to her authority as Supervisor of the Town of Southold and by
order of the Town Board of said corporation.
Nmary Publl;, State o~ New Yofit
No. 52-0344963
Qualified in Suffolk County
Commi~ion Expires May 3% lS.~ //Notary PulPit
BEGINNING at a point on the southerly line of Long Creek Drive, 505.69 feet easterly
along said southerly line from Tuthill Road; from said ffoint of beginning running
along said southerly line of Long Creek Drive South 72 38' East 37.39 feet to lot #
21, as shown on "Map of Yennecott Park", filed in the Suffolk County Clerk's Office
as Map #5187; thence along said Lot # 21, South 17~22' West 100.00 feet to lot # 31;
thence along lot # 31, As shown on said Map, South 69Q 33' 90" West 56.28 feet to lot
# 29; thence along lot # 29, As shown on said M.a~., Ne~h. 85~ 0t' 20" Ea~ 35.78 feet;
thence through lot# 22, two courses: (1) North 4 58'. 40.~est 49.18 fee~J3ence (2)
North 47033' 18 East 117.7t feet to the point of beglnnin~. , ~/,~ =.( ~
1,1.15 5° 311 ooll E,
N. 51"51'~o" W.
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