Loading...
HomeMy WebLinkAboutSound Avenue ~ u cu VI . ..c: .... E VI l: o .... l: .. o ..c: I- ~ UJ ::J Z UJ > <( ~ u o ::l Z .... ::> ~ o III VI ::;: . fI (516) 283-3195 F,,, (516) 283-0235 PECONIC LAND TRUST 296 Hampton Road, P.O. Box 2088, Southampton, NY 11969 Ms. Judith T. Terry Town Clerk Southold Town Hall P.O. Box I 179 Southold, NY I 197 I RE: THORNTON SMITH DRAINAGE EASEMENT RECEIVED fEB 5 1997 SO'Jtb:,!Jrl T f'wn ('lc'?"~ Dear Ms. Terry; Please find enclosed a fully executed Drainage Easement between the Town of Southold and Peconic Land Trust, Inc. I have been instructed to forward a copy to you as per the request of Laury L. Dowd, Town Attorney. Thank you for your attention to this matter. If you have any questions, feel free to contact me at the above listed number. On behalf of Peconic Land Trust, I would like to express our thanks for the pleasurable experience of dealing with the Town in this matter, and we look forward to continuing our cooperative dealings in similar preservation projects. Sincerely, Richard A. Hammer, Esq. cc: Laury Dowd, Town Attorney PLT Dan Ross; Keegan & Keegan ~ u cv VI . .r: ... E VI c: o ... c: ... o .r: f- - UJ ::l Z UJ > <( .>: u C ::l Z ... => of o III VI ::;; Grant of Drainage Easement TIllS INDENTURE, made this -.3...1 th day of JOAlt"'~ 1997, by and between Peconic Land Trust, having its principal place ofbus~ampton Road, Southampton, NY, party of the first part and the Town of Southold, a municipal corporation of the State of New York having offices at Main Road, Southold, New York 11971, party of the second part. WITNESSETH: WHEREAS, the party of the first part is the owner of the certain real property known as the "Park Area" as shown on map of property of Thornton Smith, Section 1 and filed in the Suffolk County Clerk's office on April 24, 1996 as map # 9836, and further identified by Suffolk County Tax Map # 1000-121.00-01.00-001.007; and WHEREAS, the party of the first part desires to cooperate with the Town of Southold by ensuring proper drainage of the affected area, and to utilize its Park Area in a natural and ecologically sound manner; and NOW THEREFORE, it is hereby agreed as follows: / The party of the first part, in consideration of the sum ofTen (SI0.00) Dollars, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, hereby conveys a perpetual easement for drainage purposes to the Town of Southold for the area more particularly described in Schedule A , annexed hereto, and shown on Exhibit A, also annexed hereto, and made a part hereof, to be used in accordance with, and for the purposes outlined in this Agreement. 1. follows: The nature, character and extent of this Easement hereby granted is as A. The burdened Premises shall not be open or available to the public for general use, but instead shall remain at all times in the exclusive possession of the Grantor and its heirs, successors and assigns. B. The Easement granted shall be for the purpose of constructing, maintaining, using, operating, repairing and re-constructing a system ofleaching and drainage basins solely to accommodate drainage and overflow from Sound Avenue, upon, under and across the parcel of land described in Schedule A belonging to the party of the first part. C. The Easement shall also encompasses the right ofingress thereto and egress therefrom, along, on and within the said right-of-way, for any and all purposes 1 , connected with the proper construction, maintenance, use operation, repair and reconstruction for any of the purposes and uses hereinbefore specified. D. This grant and Easement shall at all times be deemed to be, and shall be, a continuing covenant running with the land, and shall be binding upon the successors and assigns of the first party herein and the successors and assigns of the second party herein. E. To the greatest extent practical, the drainage facilities constructed, maintained, used, operated and repaired on said Easement shall not disturb the natural state of the Property affected, and party of the second part hereby warrants, covenants and agrees that the drainage facilities shall not include any above ground structures, and that the below ground structures shall minimize disruption of the property and construction on .the land in its natural state, including, but not limited to the removal of trees or vegetation from the dedicated easement area, removal of ground cover or alteration of the natural drainage features of the land that would result in erosional acceleration, or disruption of the scenic attributes of the dedicated easement area. Furthermore, the party of the second part hereby agrees, covenants and promises to utilize a "buffer zone" of sufficient width and character around any drainage structures constructed such that the structure's visual impact shall be minimized as viewed from the surrounding areas. / F. Party of the second part hereby agrees that any proposed improvements, construction, or reconstruction on the dedicated easement area shall be first submitted to the Party of the first part for wri tten approval. Party of the first part, acting in good faith, must evaluate the plan and may approve or reject the plan in whole or in part. Should the plan be rej ected, in whole or in part, both the Party of the first part and the Party of the second part agree to act in good faith without reservation in order to agree upon a plan that is acceptable to both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date and year first above written. ~~,",\.\..J... / , For Peconic Land Trust by: John v.H. Halsey 2 , \..) ~ Je W. Cochran, Supervisor For the Town of Southold by: STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this 31day of .J<l.lI.Ut1.r1 1993:., before me personally appeared John v.H. Halsey, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New Y orIc, that he is President ofPeconic Land Tmst, Incorporated, the Grantor mentioned and described in and which ackowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein and thereeby, and that he signed his name thereto by authority of the Board of Directors of the said corporation. ~o.~ MELANIE A. TEBBENS ""'ary Public. Slate of New York 110. 01 TE50359OB. Suffolk County Q.. CiIloNnission E>cpires November 14. 199~ I STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this6t'7 day of J;riW1T1?(199 L before me personally appeared .---rt:flA' U/. croaNt:-' "tAI ,who, being by me duly sworn, said that he/she resides at S:ouflllJ.?J) , Town of _ <;'1/ ~"L JJ . New York, and that he/she represents the Town of Southold, being the Grantee mentioned and described herein, and has full authority to act on its behalf, and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same. ,,--/ ~ ~~~J~ JUlJ'!. ". ,. TE::lRY Nolary Public. ., .' '",' .'i'ate of New Yodl No. 6:<... . .j~~ . .0344963 Qualified in Su1TOl' County bl/J ;'01" Counly.d7 Commiasion Ellplres May 31. la;:.:,.; '!~G:'i31,1~ 3 " Schedule A Surveyors Description: Drainage Easement to the Town of Southold Over Portion of Lot 3 "Thornton Smith". Suffolk County Tax Map #: lOOO-I21-I-part ofLl All that certain ploe. piece or parcel ofland with the buildings and improvements theron erec:ed, situate, lying and being, at Mattituck, Town of Southold, Coumy of Sufiblk and State of New York, bounded and descnlled as follows: BEGlNNING at a point on the notherly side of Sound Avenue, said point being situate on the following six (6) courses and distances as meastlI'ed along the northerly sideot:SouadAvenue from the intersection of the northerly side of Sound Avenue and the easterly side of Bergen Avenue: 1. South 74 deg. 44 mitt. 23 sec. East 113.59 feet, 2. South 74 deg. 24 mitt. 43 sec. East 167.17 feet, 3. South 78 deg. 17 mitt. 13 sec. East 248.78feet, 4. South 88 deg. 10 mitt. 03 sec. East 195.59 feet, 5. North 74 deg. 35 mitt. 57 sec. East 405.14 feet, 6. North n deg. 28 min. 47 sec. East 183.33 feet; . Rl.J'NNING thence from said point ofbeginning through land now or fonnely ofThomcon Smith the foUowing three (3) courses and distances: l. 2. North 12 deg. 31 mitt. 13 sec. West 90.00 feet, North 58 deg. 40 mitt. 00 sec. East 11S.06 feet, South 42 deg. 32 min. 06 sec. East 80.00 feet to land now or fonnmy Frances Weiss; 3 RUNNING Thence South 16 deg. 333 mitt. 30 sec. West along land now or fonnerly Frances Weiss a distance of97.20 feet to the northerly side of Sound Avenue; RUNNING thence along the northerly side of Sound Avenue the following two (2) courses and distances 1. North 84 deg. 12 mitt. 50 sec. West 24.74 feet, 2. South n deg. 28 mitt. 47 sec. West 135.00 feet to the point or place ofBEGlNNING. COl-lTA.lNING an area of 0.5169 Acre. 3 \\ " , \ , \, I LAURY L. DOWD TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD January 27, 1997 Mr. John v.H. Halsey President, Peconic Land Trust 469 Majors Path Southampton, NY 11968 Re: Grant of Drainage Easement Property of Thornton Smith Dear Mr. Halsey: I am enclosing two copies of the Grant of Drainage Easement which have been signed by Supervisor Jean Cochran. Please sign both copies and return one fully executed copy to: Judith T. Terry, Town Clerk, Southold Town Hall, P.O. Box 1179, Southold, New York 11971. Thank you for your cooperation and attention in this matter. Very truly yours, Laury 1. Dowd Town Attorney LLD:pg Ene. Grant of Drainage Easement TIllS INDENTURE, made this th day of .1997, by and between Peconic Land Trust, having its principal place of business at 296 Hampton Road, Southampton, NY, party of the first part and the Town of Southold, a municipal corporation of the State of New York having offices at Main Road, Southold, New York 11971, party of the second part. WITNESSETH: WHEREAS, the party of the first part is the owner of the certain real property known as the "Park Area" as shown on map of property of Thornton Smith, Section 1 and filed in the Suffolk County Clerk's office on April 24, 1996 as map # 9836, and further identified by Suffolk County Tax Map # 1000-121.00-01.00-001.007; and WHEREAS, the party of the first part desires to cooperate with the Town of South old by ensuring proper drainage of the affected area, and to utilize its Park Area in a natural and ecologically sound manner; and NOW THEREFORE, it is hereby agreed as follows: The party of the first part, in consideration of the sum ofTen ($10.00) Dollars, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, hereby conveys a perpetual easement for drainage purposes to the Town of Southold for the area more particularly described in Schedule A, annexed hereto, and shown on Exhibit A, also annexed hereto, and made a part hereof, to be used in accordance with, and for the purposes outlined in this Agreement. 1. follows: The nature, character and extent of this Easement hereby granted is as A. The burdened Premises shall not be open or available to the public for general use, but instead shall remain at all times in the exclusive possession of the Grantor and its heirs, successors and assigns. B. The Easement granted shall be for the purpose of constructing, maintaining, using, operating, repairing and re-constructing a system of leaching and drainage basins solely to accommodate drainage and overflow from Sound Avenue, upon, under and across the parcel ofland described in Schedule A belonging to the party of the first part. C. The Easement shall also encompasses the right of ingress thereto and egress therefrom, along, on and within the said right-of-way, for any and all purposes 1 connected with the proper construction, maintenance, use operation, repair and reconstruction for any of the purposes and uses hereinbefore specified. D. This grant and Easement shall at all times be deemed to be, and shall be, a continuing covenant running with the land, and shall be binding upon the successors and assigns of the first party herein and the successors and assigns of the second party herein. E. To the greatest extent practical, the drainage facilities constructed, maintained, used, operated and repaired on said Easement shall not disturb the natural state of the Property affected, and party of the second part hereby warrants, covenants and agrees that the drainage facilities shall not include any above ground structures, and that the below ground structures shall minimize disruption of the property and construction on the land in its natural state, including, but not limited to the removal of trees or vegetation from the dedicated easement area, removal of ground cover or alteration of the natural drainage features of the land that would result in erosional acceleration, or disruption of the scenic attributes of the dedicated easement area. Furthermore, the party of the second part hereby agrees, covenants and promises to utilize a "buffer zone" of sufficient width and character around any drainage structures constructed such that the structure's visual impact shall be minimized as viewed from the surrounding areas. F. Party of the second part hereby agrees that any proposed improvements, construction, or reconstruction on the dedicated easement area shall be first submitted to the Party of the first part for written approval. Party of the first part, acting in good faith, must evaluate the plan and may approve or reject the plan in whole or in part. Should the plan be rejected, in whole or in part, both the Party of the first part and the Party of the second part agree to act in good faith without reservation in order to agree upon a plan that is acceptable to both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date and year first above written. For Peconic Land Trust by: John v.H. Halsey 2 ~~ Jean W. Cochran, Supervisor For the Town of Southold by: STAlE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this day of 199--, before me personally appeared John v.H. Halsey, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President ofPeconic Land Trust, Incorporated, the Grantor mentioned and described in and which ackowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein and thereeby, and that he signed his name thereto by authority of the Board of Directors of the sai d corporati on. STAlE OF NEW YORK) COUNTY OF SUFFOLK) SS: On thiSct r day of ..J,q.v"f1R.l'199 -L before me personally appeared ::rEAd W. Co<.' tfA'/lA/ , who, being by me duly sworn, said that he/she resides at ~~f.-d-h(}L^ , Town of.$;,u -fI,/)~^ . New York, and that he/she represents the Town of Southold, being the Grantee mentioned and described herein, and has full authority to act on its behalf, and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same. "..--> /--" JUO,ih ~.~t'l~~ otary Public. State of New York No. 52-0344963 Qualified in Suffolk County 171 Commission Expires May 31, 1lU- 3 Scbedule A Surveyors Description: Drainage Easement to the Town of Southold Over Portion ofLot 3 "Thornton Smitb". Suffolk County Tax Map #: lOOO-121-I-part of 1.1 All that cenain plot, piece or parcel ofland with the buildings and improvements theron erected, situate, lying and being, at Mattituck, Town of Soutbold, County of Suffolk and Stale of New York, bounded and descnlled as follows: BEGINNING at a point on the notherly side of Sound Avenue, said point being situate on the following six (6) courses and distances as measured along the northerly side llf..5ouad Avenue from the intersection of the northerly side of Sound Avenue and the easterly side of Bergen Avenue: 1. South 74 des. 44 miD. 23 sec. East 113.59 feet, 2. South 74 des. 24 min. 43 sec. East 167.17 feet, 3. South 78 des. 17 miD. 13 sec. East 248.78 feet, 4. South 88 des. 10 miD. 03 sec. East 195.59 feet, 5. North 74 des. 35 miD. 57 sec. East 405.14 feet, 6. North 77 deg. 28 min. 47 sec. East 183.33 feet; . RUNNING thence from said point of beginning through land now or formely of Thornton Smith tbe following three (3) courses and distances: 1. North 12 deg. 31 miD. 13 sec. West 90.00 feet, 2. North 58 deg. 40 miD. 00 sec. East 175.06 feet, 3 Soutb 42 deg. 32 min. 06 sec. East 80.00 feetlO land now or formerly Frances Weiss; RUNNING Thence South 16 des. 333 miD. 30 sec. West along land now or formerly Frances Weiss a distance of97.20 feet to lbe northerly side of Sound Avenue; RUNNING thence along the northerly side of Sound Avenue the following two (2) courses and distances 1. North 84 des. 12 miD. 50 sec. West 24.74 feet, 2. South 77 des. 28 miD. 47 sec. West 135.00 feet to the point or place of BEGINNING. CONTAINING an area of 0.5169 Acre. " , \ \: \ \: JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 SouthoJd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 21, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Grant of Drainage Easement between the Peconic Land Trust and the Town for a drainage easement over a portion of the "Park Area" as shown on a map of property of Thornton Smith, Section 1 and filed in the Suffolk County Clerk's Office on April 211, 1996 as Map #9836, and further identified as Suffolk County Tax Map #1000-121-1-part of 1.1, containing an area of 0.5159 acres; all in accordance with the approval of the Town Attorney. d. AJ~/ ~p ~~T.~~~ Southold Town Clerk January 22, 1997 JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 21, 1997: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Grant of Drainage Easement between the Peconic Land Trust and the Town for a drainage easement over a portion of the "Park Area" as shown on a map of property of Thornton Smith, Section 1 and filed in the Suffolk County Clerk's Office on April 24, 1996 as Map #9836, and further identified as Suffolk County Tax Map #1000-121-1-part of 1.1, containing an area of 0.5159 acres; all in accordance with the approval of the Town Attorney. fl,/hdff ~;di~~T.--.t;~ Southold Town Clerk January 22, 1997 LAURY L. DOWD TOWN ATTORNEY SCc>>J fl /3 JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: Town Board FROM: Laury L. Dowd, Town Attorney DATE: January 16, 1997 RE: Drainage Easement The Peconic Land Trust has offered the Town a drainage easement agreement related to the Thornton Smith project along Sound Avenue in Laurel. The drainage easement is at the bottom of the hill across from Strawberry Fields. A copy of the easement is attached for your review and approval. Jamie Richter and I feel that it is acceptable. If you agree, you should adopt a resolution authorizing the Supervisor to sign the easement agreement. Grant of Drainage Easement TIDS INDENTURE, made this th day of , 1997, by and between Peconic Land Trust, having its principal place of business at 296 Hampton Road, Southampton, NY, party of the first part and the Town of South old, a municipal corporation of the State of New York having offices at Main Road, Southold, New York 11971, party of the second part. WITNESSETH WHEREAS, the party of the first part is the owner of the certain real property known as the "Park Area" as shown on a map of property of Thornton Smith, Section 1 and filed in the Suffolk County Clerk's Office on April 24, 1996 as Map # 9836, and further identified by Suffolk County Tax Map # 1000-121. 00- 01.00 1.1; and WHEREAS, the party of the first part desires to cooperate with the Town of South old by ensuring proper drainage of the affected area, and to utilize its preserve property in an natural and ecologically sound manner, NOW THEREFORE, it is hereby agreed as follows: The party of the first part, in consideration ofthe sum ofTen ($10.00) Dollars, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, hereby conveys a p~rpetual easement fordrainage purposes to the TowoofSoutholdfor the area more particularly described and bounded in Schedule A annexed hereto and hereby made a part hereof, to be used in accordance with, and for the purposes outlined in this agreement. 1. The nature, character and extent ofthe easement hereby granted are as follows: A The burdened premises shall not be open or available to the public for general use, but instead shall remain at all times in the exclusive possession ofthe Grantor and its heirs, successors and assigns. ['LI OlA {\ {-S B. The easement granted shall be for the purpose of constructing, mlli.ntaining, using, Dp.erating, re]Jairing and re-constructing a system ofleaching and drainage basins solely to ,i(;commodate d.I!li~~;md o~-from Sound Avenue, upon:' under and across the parcel ofland described in Schedule A belonging to the party ofthe first part. C. The easement shall also encompasses the right of ingress thereto and egress therefrom, along, on and within the saidright-of-way, for any and all purposes connected with the proper construction, maintenance, use operation; repair and reconstruction for any of the purposes and uses hereinbefore specified. I:)I.-Y,' / (-1)-(..-: D. This grant and easement shall at all times be deemed to be, and shall be, a c ov. (vN "- continuing covenant running with the land, and shall be binding upon the successors and assigns of the first" '" I ~c9 party herein and the successors and assigns of the second party herein. E. To the greatest extent practicable, the drainage facilities constructed, maintained, used, operated and repaired on said easement shall not disturb the natural state of the property affected, party of the second part hereby warrants, covenants and agrees that the _<!rainage facilities shall not illclude any above ground structures, and that the below ground structures shall minimize disruption of the property and constrtidlon on hind. in its natural state, including, but not limited to the removal of trees or vegetation from the dedicated easement area, removal of ground cover or alteration of the natural drainage features of the land that would result in erosional acceleration, or disruption of the scenic attributes of the dedicated easement area. Furthermore, the party of the second part hereby agrees, covenants and promises to utilize a o~ wi J1'" [c':'Yi' ..;{; - , cYrctc.,-r \;; :, {'JC'.jJ~ "guffer zone" of sufficient width and character around any drainage structures constructed such that such structu!?sVisuaJ impact shall be minimized as viewed from the surrounding areas. F. Party of the second part hereby agrees that any proposed improvements, construction, or reconstruction on the dedicated easement area shall be first submitted to the party of the first part for written approval. Party of the first part, acting in good faith, must evaluate the plan and may approve it in whole, in part or reject the plan in whole or in part. Should the plan be rejected, in whole or in part, both party ofthe first part and party of the second part agree to act in good faith without reservation in order to reach a plan that is acceptable to both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date and year first above written. For Peconic Land Trust by: John v.H. Halsey For the Town of Southold by: 2 UI" L"(\-{ ~. J< ~~~N' " j~ \r-r-\{~ \ ,'..--u."'" [~_}f'V ~" \12 ':~\';~{ , ~L.'\ ~\I Schedule A Surveyors Description: Drainage Easement to the Town of Southold Over Portion of Lot 3 'Thornton Smith". Suffolk County Tax Map #: 1000-121-I-part of 1.1 All that certain plot, piece or parcel ofland with the buildings and improvements theron erected, situate, lying and being, at Mattituck, Town of South old, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the notherly side of Sound Avenue, said point being situate on the following six (6) courses and distances as measured along the northerly side of Sound Avenue from the intersection of the northerly side of Sound Avenue and the easterly side of Bergen Avenue: 1. South 74 deg. 44 min. 23 sec. East 113.59 feet, 2. South 74 deg. 24 min. 43 sec. East 167.17 feet, 3. South 78 deg. 17 min. 13 sec. East 248.78 feet, 4. South 88 deg. 10 min. 03 sec. East 195.59 feet, 5. North 74 deg. 35 min. 57 sec. East 405.14 feet, 6. North 77 deg. 28 min. 47 sec. East 183.33 feet; RUNNING thence from said point of beginning through land now or formely of Thornton Smith the following three (3) courses and distances: 1. North 12 deg. 31 min. 13 sec. West 90.00 feet, 2. North 58 deg. 40 min. 00 sec. East 175.06 feet, 3 South 42 deg. 32 min. 06 sec. East 80.00 feet to land now or formerly Frances Weiss; RUNNING Thence South 16 deg. 333 min. 30 sec. West along land now or formerly Frances Weiss a distance of97.20 feet to the northerly side of Sound Avenue; RUNNING thence along the northerly side of Sound Avenue the following two (2) courses and distances 1. North 84 deg. 12 min. 50 sec. West 24.74 feet, 2. South 77 deg. 28 min. 47 sec. West 135.00 feet to the point or place of BEGINNING. CONTAINING an area of 0.5169 Acre. 3 '. . STATE OF NEW YORK) COUNTY OF SUFFOLK) SS On this _day of ,1997, before me personally appeared John v.H. Halsey, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President ofPeconic Land Trust, Incorporated, the Grantor mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein and thereby, and that he signed his name thereto by authority of the Board of Directors of the said corporation. On this _ day of , 1997, before me personally appeared , who, being by me duly sworn, said that he resides at , and that he/she represents the Town of South old, and has full authority to act on its behalf, Grantee mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. 4 \l RESOLUTION - JANUARY 21, 1997 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute a Grant of Drainage Easement between the Peconic Land Trust and the Town for a drainage easement over a portion of the "Park Area" as shown on a map of property of Thornton Smith, Section 1 and filed in the Suffolk County Clerk's Office on April 24, 1996 as Map #9836, and further identified as Suffolk County Tax Map #1000-121-1-part of 1.1, containing an area of 0.5159 acres; all in accordance with the approval of the Town Attorney.