HomeMy WebLinkAboutSimon, Howard and Lorraine
PATRICIA A. FINNEGAN
TOWN ATTORNEY
patricia.finnegan@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To:
Ms. Elizabeth A. Neville, Town Clerk
From:
Lynne Krauza
Secretary to the Town Attorney
Date:
February 7,2008
Subject:
Easement w/Howard and Lorraine Simon
Proposed Minor Subdivision of Michael & Irene Kaloski
SerM #1000-102-4-6.2 & 7.1
I am enclosing an original, recorded Grant of Drainage Easement and
Conservation Easement in connection with the referenced matter. A copy of the
resolution authorizing Scott to sign this document is also enclosed.
If you have any questions, please do not hesitate to call me. Thank you
for your attention.
Ilk
Enclosures
cc: Mr. Mark Terry, Planning Board (w/encls.)
ERIC J. BRESSLER
ABIGAIL A. WICKHAM
LYNNE M. GORDON
JANET GEASA
LAW OFFICES
WICKHAM, BRESSLER, GORDON & GEASA, P.C.
13015 MAIN ROAD, P.O. BOX 1424
MATTITUCK, LONG ISLAND
NEW YORK 11952
WILLIAM WICKHAM (06-02)
275 BROAD HOLLOW ROAD
SUITE III
MELVILLE, NEW YORK 11747
631-298-8353
TEI.Er AX NO. 631-298-8565
wwblaw@aol.com
631-249-9480
TELEFAX NO. 631-249-9484
February 7, 2008
Att: Mark Terry
Southold Town Planning Board
53095 Main Road
P.O. Box 1\79
Southold, New York 11971
Re: Proposed Minor Subdivision of Michael and Irene Kaloski
Premises: Alvah's Lane, Cutchogue, New York
SCTM# 1000-102-4-6.2 & 7.1
Dear Mark:
Enclosed is the original recorded Grant of Drainage Easement and Conservation Easement
which was recorded in the Suffolk County Clerk's Office on January 18,2008 in Liber 12537
cp 804.
I am sending a copy to Kieran Corcoran by copy of this letter, but he may need the original
for filing with the Town Clerk's office.
V e~ r1Y y~urs, ,
I~;/g~~
I Abigail A. Wickham
MW/al
Encl.
30/shdpbkal
cc:
Kieran Corcoran, Esq.
r r:-~ ~:'
- -,
,
2008
ORIGINAL
1111111111111111111111111111111111111111111111111111111
1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 8
Receipt Number : 08-0005548
TRANSFER TAX NUMBER: 07-16708
Recorded:
At:
01/18/2008
10:10:50 AM
LIBER:
PAGE:
D00012537
804
Deed Amo.unt:
Section:
102.00
EXAMINED AND
$0.00
Block:
04.00
CHARGED AS
Lot:
006.002
District:
1000
FOLLOWS
Received the Following Fees For
Page/Filing
COE
TP-584
Cert.Copies
Transfer tax
$24.00
$5.00
$5.00
$5.20
$0.00
Above Instrument
Exempt
NO
NO
NO
NO
NO
Handling
NYS SRCHG
Notation
RPT
Comm.Pres
Fees Paid
$5.00
$15.00
$0.00
$30.00
$0.00
$89.20
Exempt
NO
NO
NO
NO
NO
TRANSFER TAX NUMBER: 07-16708
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
,
I
2
Number of pages
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(iocurnent will be public
reco(cL Please remove all
Social Security Numbers
prior to recording.
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Deed / Mortgage Tax Stamp
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3
FEES
Handling
5. 00
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Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Page / Filing Fee
TP-584
Notation
/
Sub Total_~J__
Spec.! Assit.
or
EA-S2 17 (County)
EA-5217 (State)
Comm.ofEd.
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TOT. MTG. TAX
Dual Town __ Dual County
Held for Appointment
Transfer Tax V
Mansion Tax
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Affidavit .
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NYS Surcharge 15. 00
Other
Sub Total
55;),0
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The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
Grand Total
If NO, see appropriate tax clause on
page # ___.__. . of this instrument.. I
S 3/ .:)/
4 Dis!.
1000 10200 0400 006002-PkJ02
5 Community Preservation Fund
Real Property
Tax Service
Agency
Verification
P T S
R LPA A
18-JAN~8
Consideration Amount $
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CPF Tax Due $
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6 SatisfactionslDischarges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
;:::r
Improved
Vacant Land
/
TO
W1CIOIAM, BRESSLER, GORDON & GEASA, p.c.
13015 IIAII/ ROAD, P.O. B111424
1IA1TI1IICI(, U llt5Z
TO
v
TO
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY
www.suffolkcountyny.gov/clerk
7
Title Company Information
'1901
Co. Name
Title #
8
. G,(J I
Suffolk County Recording & Endorsement Page
This page forms part of the attached
by:
Grant of Drainage Easement and Conservat!<lIl Easement
(SPECIFY TYPE OF INSTRUMENT)
made
_ll\l.lxardSimon and Lorraine I. Simon
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO
Im'-!lofSoulllQJ.<.L..._____
In the TOWN of . SOll1bQl.d...__
In the VILLAGE
or HAMLET of ClItcl10gue
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
lover)
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GRANT OF DRAINAGE EASEMENT
and CONSERV A nON EASEMENT
~ May, 2007,
THIS indenture made this :2.L day of~lI#1~&, l!~ by and between HOWARD
SIMON AND LORRAINE 1. SIMON, residing at 27 Stacey Lane, Madison, CT 06443
(hereinafter "Grantor") and the Town of Southold, a municipal corporation of the State of
New York, having its office at 53095 Main Road, Town of South old, Suffolk County,
New York (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land containing 7,8 acres,
more or less, of land identified by Suffolk County Tax Map number 1000-102-4-6.2;
located on the east side of Alvah's Lane in the Hamlet ofCutchogue, Town of Southold,
Suffolk County, New York, generally bounded northerly by land now or formerly of
Reinhardt; westerly by Alvah's Lane; southerly by Kerrigan, and easterly by Reinhardt and
Batuello, said land being depicted as "Proposed Lot 2" on a certain map prepared by
Stanley J, Isaksen, Jr., licensed land surveyors entitled "Proposed Minor Subdivision of
Michael Kaloski Plat", survey dated June 11,2002, last revised November 15, 2006, which
has received Sketch Plan Approval from the Southold Town Planning Board and which
said parcel of land is hereinafter referred to as "the Premises"; the Premises being more
fully described on Schedule A annexed hereto, and
WHEREAS, Grantor has permitted the Town to maintain a drainage pipe at the
northwest portion of the property from Alvah's Lane for road runofffrom Alvah's Lane
through the swale on the Premises; and
WHEREAS, the Grantee, for drainage purposes proposes to remove the drainage pipe
and to construct, maintain, and repair a storm water drainage system, including leaching
pool(s), pipes, rip-rap and culvert, in order to contain and direct storm water runoff from
Alvah's Lane in the vicinity of the Premises into the swale on the Premises; and
WHEREAS, the Grantor has agreed to grant to the Grantee a drainage easement to
impose over and in the portion of the land of the Grantor as described above for such
purposes and a conservation easement in a portion of the land as described herein;
NOW THEREFORE, IN CONSIDERA nON OF Eight Thousand Five Hundred
($8,500) and other good and valuable consideration paid by the Grantee to the Grantor, the
receipt of which is hereby acknowledged.
WITNESSETH:
1. GRANT OF DRAINAGE EASEMENT. The Grantor does hereby 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 portion of the Premises described
in Schedule B.
2. NATURE OF DRAINAGE EASEMENT. The nature, character and extent of the
drainage easement hereby granted is the right of the Grantee to enter upon the Premises at
all reasonable times:
(i) To install, create and maintain the Facilities in the Premises and to
repair, replace or remove same as needed for the effective
purification of road runoff and surface waters from Alvah's Lane in
the immediate vicinity of the Premises.
(ii) To perform such grading and excavation and the planting of such
vegetation and the installation of such facilities shall be required for
the construction, operation, repair, replacement and maintenance of
the Facilities, and for restoration of the Premises if required as a
result of the drainage flow. This shall include, without limitation, a
culvert under the driveway through the swale and such clean fill as
shall be necessary to properly cover such culvert.
3. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use
and enjoyment of the Premises to the fullest extent possible without unreasonable
interference by the Grantee in the exercise of the Grantee's right granted herein.
4. DAMAGES AND INDEMNIFICATION. The Grantee further agrees to pay all
reasonable damages to the premises of the Grantor or property damage (except as required
for construction of the Facility) or bodily injury sustained as a result ofthe construction
and/or operation of the drainage easement thereon by the Grantee. In addition, in the event
any work performed by Grantee in the installation, creation or maintenance in the drainage
easement creates an adverse effect on other property of Grantor or on any property
adjoining or downstream of that of Grantor, Grantee shall rectify such adverse effect and
indemnify Grantor from any liability incurred by it in relation thereto, including, without
limitation, reasonable attorneys fees.
5. ADDITIONAL DRAINAGE FACILITIES. In the event that additional drainage
facilities become necessary to properly accommodate the flow of storm water through the
swale, as a result ofthe passage of water from Alvah's Lane through the swale, the Town
agrees to install on its property or in the easement area sllch necessary facilities as may be
necessary to properly accommodate such run off and curtail the flow on to neighboring
properties, at it's own expense.
6. PERMITS. The Grantee further agrees to obtain all necessary permits from all
governmental agencies necessary to carry out the operations contemplated by this
agreement.
7. RESTRICTIONS. Grantor agrees to construct no fences, walls or the like in the
drainage easement area, and to refrain from filling in the drainage easement area.
8. PLANTINGS. Grantor may plant in the easement areas provided Grantor does not
change the grade or interfere with flow of storm water drainage, and Grantee shall not be
liable for damage or destruction of such plant material as a result of operation of the
Facility. Grantor is not required to prune, clear or maintain vegetation or trees in the
easement area.
9. NO EXTENSION. The Grantee agrees not to connect the Facilities to any other
storm water drainage system on Alvah's Lane which collects or directs water from the
surrounding area.
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10. CONSERVATION EASEMENT. In addition to the drainage easement granted
herein, Grantor hereby imposes upon the portion ofthe Premises identi fied on the attached
Schedule C. a Conservation Easement running with the land. Grantor agrees not to
conductor permit any activity within the Conservation Easement area which would
change the grade within the Conservation Easement area. Such easement may be modified
only as may be required by the Planning Board in connection with the approval of the
subdivision, with the consent ofthe Grantee herein.
I I. NON-EXCLUSIVITY OF EASEMENT. The grant of the drainage easement and
the imposition of the Conservation Easement shall not preclude Grantor from granting
further easements to public utility companies, easements for vehicular access, or other
purposes on terms which do not conflict with or interfere with the easements hereby
granted. In no event, however, shall such easements permit the change of grade in the
easement areas without the Grantee's prior written permission.
12. ENFORCEABILITY. The terms of this easement shall be enforceable by the
parties by injunctive relief or any other remedy in equity or by law.
13. PERPETUAL EASEMENT. The rights granted herein shall continue and remain
in effect in perpetuity.
14. MISCELLANEOUS. 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 W)'fNESS WHEREOF, the parties hereto have executed this agreement the day and
y, ear fit written ab~7 - ~~)
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HOWARD SIMON LORRAINE SIMON
By:
S
STATE OF NEW YORK)
) sS.:
COUNTY OF SUFFOLK)
On th~day of ~V~ 2006, before me, the undersigned, personally
appeared HOWARD S MON and LORRAINE SIMON, personally known to me or proved
to me on the basis of satisfactory evidence to be the individual(s) whose name is
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hislher/their capacity(ies) and that by hislher/their signature on the instrument, the
individual, or the person on behalf of which the individual(s) acted, executed the
instrument.
ASIOAII.A. WICICHAM
..." NlIO,'" of .... 'lbItl
.. III 1.12171.8u<<olk 0aunlI'_
~.If)" '1I111cp1rW"'1IO, ao~
STATE OF NEW YORK~ sS.: ~~~
COUNTY OF SUFFOLK) ~~
On the 3/ day of Mil'!: 200f, before me, the undersigned, personally
appeared SCOTT A. RUSSELL, personally known to me or proved to me on the baSIS of
satisfactory evidence to be the individual(s) whose name is subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies) and that by his/her/their signature on the instrument, the individual, or the
person on behalf of which the individual(s) acted, executed the instrument.
~<<-~ ~
Notary Public
RE/easedrainrev
LINDA J COOPER
NOTARY PUBLIC, State of New York
NO. 01 C04822563, Suffolk Coun.ty
Term Expires December 31, 20..LQ.
.
SCHEDULE A
DESCRIPTION OF PREMISES: KALOSKI
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk,
State of New York, bounded and described as follows:
Beginning at a point on the northeasterly side of Alvah's Lane, at the southwesterly corner
ofland now or formerly of Reinhardt, said point of beginning being distant North 47
degrees 8 minutes 40 seconds West, 2,876.78 feet, more or less, from the intersection of
the east side of Alvah's Lane and the north side of Main Road (New York State Route 25);
From said point of beginning, running thence along land now or formerly of Reinhardt,
North 48 degrees 54 minutes 30 seconds East, 407.28 feet to a pipe;
Running thence along said land now or formerly of Reinhardt, South 49 degrees 4 minutes
29 seconds East, 637.20 feet to a point;
Running thence South 42 degrees 51 minutes 20 seconds West, 226.47 feet;
Running thence North 47 degrees 8 minutes 40 seconds West, 200.00 feet;
Running thence South 42 degrees 51 minutes 20 seconds West, 200.00 feet to the easterly
side of Alvah's Lane;
Running thence along the easterly side of Alvah's Lane, North 47 degrees 8 minutes 40
seconds West, 479.78 feet to the point or place of BEGINNING.
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SCHEDULE B
KALOSKI DRAINAGE EASEMENT
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, in the Town of South old, County of Suffolk,
State of New York, bounded and described as follows:
Beginning at a point on the easterly side of Alvah's Lane, distant 2,642.18 feet from the
intersection of the east side of Alvah's Lane and the north side of Main Road (New York
State Route 25), said point of beginning also being distant South 47 degrees 8 minutes 40
seconds East, 34.60 feet from the southwesterly corner ofland now or formerly of Reinhardt;
From said point of beginning, running thence North 64 degrees 55 minutes 26 seconds East,
159.20 feet; running thence South 43 degrees 9 minutes 19 seconds East, 89.60 feet; running
thence South 60 degrees 45 minutes 4 seconds East, 45.42 feet, running thence South 27
degrees 42 minutes 4 seconds West, 50.07 feet; running thence North 60 degrees 45 minutes
4 seconds West, 55.38 feet; running thence North 43 degrees 9 minutes 19 seconds West,
61.06 feet; running thence South 64 degrees 55 minutes 26 seconds West, 102.66 feet to the
easterly side of Alvah's Lane; running thence along the easterly side of Alvah's Lane North
47 degrees 8 minutes 40 seconds West, 53.95 feet to the point or place of beginning.
,> .
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SCHEDULE C
KALOSKI CONSERVATION EASEMENT
ALL that certain plot, piece or parcel ofland, with the buildings and improvements thereon
erected, situate, lying and being at Cutchogue, in the Town of South old, County of Suffolk,
State of New York, bounded and described as follows:
Beginning at a point distant the following four (4) courses and distances from the
southwesterly comer ofland now or formerly of Reinhardt and the easterly side of Alvah's
Lane:
I. Running along the easterly side of Alvah's Lane, South 47 degrees 8
minutes 40 seconds East, 34.60 feet to the northwesterly comer of a
Drainage Easement granted to the Town of Southold;
2. Thence along the lines of said Drainage Easement, North 64 degrees 55
minutes 26 seconds East, 159.20 feet;
3. Thence further along the lines of said Drainage Easement, South 43
degrees 9 minutes 19 seconds East, 89.60 feet;
4. Thence further along the lines of said Drainage Easement, South 60
degrees 45 minutes 4 seconds East, 45.42 feet;
From said point of beginning running South 60 degrees 45 minutes 4 seconds East, 26.11
feet; running thence South 88 degrees 14 minutes 14 seconds East, 75.53 feet; running thence
South 57 degrees 49 minutes 45 seconds East, 281.66 feet; running thence South 42 degrees
51 minutes 20 seconds West, 60.00 feet; running thence North 47 degrees 8 minutes 40
seconds West, 107.24 feet; running thence North 70 degrees 11 minutes 50 seconds West,
227.96 feet; running thence North 60 degrees 45 minutes 4 seconds West, 28.98 feet; running
thence North 27 degrees 42 minutes 4 seconds East, 50.07 feet to the point or place of
beginning.
Miscldesclw!
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