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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 ~ "'-,-.,-"",1',,,', f'.C:"4U;~.i...'C~i 'ii,,-' 3n 1810:10:50 qn J '..\(j I '~-h }~. : '-,- r:c,V Iii=" (iocurnent will be public reco(cL Please remove all Social Security Numbers prior to recording. ~;UFFOU< CDUi,:To' . ",... ~ - ---.-. , ",,,,,"'a_," , --"''!'! -- ---'---.--".'- j:. :.~'n.:l [) if '_;,-"-1;:.....'_::::;' Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Handling 5. 00 ---{- 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. 5. 00 Spec. /Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax V Mansion Tax -3D-aJ R.P.T.5.A. Affidavit . ~cer~fie~_~~5'dO NYS Surcharge 15. 00 Other Sub Total 55;),0 f:i J, 0 /'- 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 $ .ff '0 CPF Tax Due $ .;,j ~ 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) .' 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. /1 , J~ 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 - ~~) /'.' /}r\, < ~/ ,"~ '/),-,' '-T-~~" ..' ...." -.;.,; \...u ""'Z~. ,./ 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. I' I .( l II / $ E ;' i ! ,. . . 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. ,> . > 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! I )