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HomeMy WebLinkAboutCutchogue Harbor MarinaSouthold Town Board - Letter Board Meeting of August 26, 2008 RESOLUTION 2008-815 ADOPTED Item # DOC ID: 4194 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-815 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other necessary documents to effectuate same, in connection with the Cutchogue Harbor Marina site plan, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 27, 2008 Page 39 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan~ctown.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran~ town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse~ town.southold.ny.us SCOTT A. RUSSELL Supervisor 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 Date: Subject: £~CEIVED MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secmta~ to the Town A~orney November 3, 2008 Grant of Drainage EasemenECutchogue Harbor Marina Site Plan For your records, I am enclosing the original, recorded Grant of Drainage Easement in connection with the referenced matter. I am also enclosing a copy of the resolution authorizing the Supervisor to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Ms. Heather Lanza, Planning Director (w/encl.) ORIGINAL SUFFOLK COUNTY CLERK RECORDS OFFICE REC 9RDING PAGE Type of Instrument: EASEMENT Number of Pages: 9 Receipt Number : 08-0096273 TRANSFER TAX NUMBER: 08-05585 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 110.00 01.00 EXAMINED AND CHARGED AS FOLLOWS ~0.00 10/06/2008 11:25:43 AM D00012567 423 Lot: 012. 000 Received the Following Fees Page/Filing $27.00 COE $5.00 TP-584 $5.00 Cert. Copies $5.85 Transfer tax $0.00 TRANSFER TAX NUMBER: 08-05585 For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.oo $o.oo $3o.oo $0.00 $92.85 Exempt NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County TORRENS Serial Certificate # Prior Ctf. # ~ed / Mort§age [llStrumcnt Handling Notation EA-52 17 (County) __ Sub Total / Deed / Mor~gase Tax Stamp FEES RECORDED 2008 Ocs 06 i1:25:43 JUDITH ~, P~SC~LE CLERK OF SUFFOLK COUHTY L D000i2567 P 423 DT~ 0G~-05585 Recording / Filing Stamps Mortgage/unt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0r EA-5217 (Stale) Corem, offal. 500 Affidavit ~her /S~ ~ Sub r°tal Ileal Property Tax Service Ageaoy Verification I q,~,i,~, I n ~-e I Lot 1000 11000 0100 012000 StamI ~ ' , Date lnilial 7~isfa~tions/Dis-ch~rges/Relcases List Property OwnerS Mailing Addres.~ .--I RECORD & RETURN TO: Martin R. Gilmartin, Esq. 25 Bowden Square P.O. Box 1281 Southampton, New Yoek 11969 Spec./Add. 'eT. MTG. TAX Dual Town Dual County_ Held for Apportionment rransfer Tax vhmsion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only YES orNO_ I£NO, see appropriate tax clanse on page tl ____ of !his instrument, q Comnmnity Preservation ~).~nd :onsidcrat~on Ar~ount $ CPF Tax Du~ $ Improved ~/' Cacanl I.and TD / ~ ¢ 0 TD TD [:o.]~lam~ Title Company Information Suffolk Count. y P,.ec0rding & Endorseme...nt Page 'llfis ~ge lbnm pm't of the attacl~J Grant. O! Drainage Easement (SPECIFY TYPE OF INSTRUMENT ) _ made by: NEW SUFFOLK PROPERTIES, LLC. TO TOWN OF SOUTHOLD The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Towaship of In the VILLAGE or HAMLET of Southold BOXES 5 TItRU O MI. IffF BE TYPED OR PRINTED IN BLACK INK ONLY I'RIOR TO REC'OIIDIN(i OR FII,IN(L Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Ix)cai property taxes are payable twice a year: on or before January Iff" and on or befi)re May 31". Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 {63 l) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (63 l) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson. N.Y. 11777 {631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantlgo Place East Hampton, N.Y. 11937 (631) 324-2770 Smlthtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 {631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue lslip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 dw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk 12-0104:: 1 l/~ocg GRANT OF DRAINAGE EASEMENT THIS INDENTURE, made the ].b~'~ day of 5'e~A~t4, 2008, by and between NEW SUFFOLK PROPERTIES, LLC, having its principal place of business at 6775 New Suffolk Road, New Suffolk, New York 11956, party of the first part, and The TOWN OF S OUTHOLD, a municipal corporation of the State of New York, having its principal office at Main Road, Southold, New York, party of the second part; WITNESSETH: WHEREAS, the party of the first part is the owner of certain real property situate at 3350 West Creek Avenue, Cutchogue, in the Town of Southold, Suffolk County, New York, as shown on Schedule "A" annexed hereto; and WHEREAS, the party of the first part has submitted an application for site plan approval to the Planning Board of the Town of Southold; and WHEREAS, in connection with the approval of the site plan as aforesaid, the party of the second part has requested that the party of the first part convey to it a certain drainage easements for the maintenance of two existing drains on the said premises. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration paid by the party of the second part, receipt of which is hereby acknowledged, the party of the first part does hereby grant, transfer and convey to the party of the second part drainage easements with respect to premises fifteen (15) feet wide centered on each of the two (2) existing culvert pipes running from West Creek Avenue to the dredged basins located on the premises, as shown and described on Schedules "B-I", "B-2" and "B-3", to have and to hold said easements, rights and interests with respect to the said premises unto the party of the second part, its successors and assigns forever, reserving to the party of the first part, its successors and assigns the exclusive right of occupancy and use of the said premises subject to the conditions, covenants and agreements herein set forth, which shall constitute a servitude upon and with respect to the said premises. The party of the second part shall have the right to maintain, alter and replace the said two (2) existing culvert pipes located on the said premises with the free right of ingress and egress over and across the easement areas, insofar as such right of ingress and egress is necessary to the proper exercise of the rights granted herein, upon the condition that the party of the second part shall, in the due exercise of the rights created hereby exercise due diligence and reasonable care to insure that the premises which are the subject of the subject easements are neither altered, despoiled or impaired in any manner adverse to their primary use, and the said party of the second part shall pay the cost of guarding adequately all excavations made by the party of the second part under this Grant and pay the cost to restore or repair any damage done by the party of the second part to the property of the party of the first part while placing, replacing, operating, repairing, maintaining, renewing or removing its facilities, and shall save harmless and indemnify the party of the first part from any injury to its property, its employees or the public 2 which may at any time occur through the negligence of the party of the second part in the exercise of its rights under this Grant. The party of the second part further agrees to be responsible for the payment of any costs, claims, or expenses relating to the said drains and drainage easement and for compliance with any conditions, requirements or costs imposed by any cognizant governmental authority relating to same, and to hold harmless and indemnify the party of the first part with respect thereto. 1N WITNESS WHEREOF, the parties hereby have caused this agreement to be executed on their behalf by their duly authorized officers the day and year first above written. NEW SUFFOLK PROPERTIES, LLC. LAWRENCE WILLIS, Managing Partner By--TOWN OF UTHOLD Supervisor STATE OF NEW YORK; COUNTY OF SUFFOLK On (/~ ~,'~ ,2008, before me, the undersigned, personally appeared LAWRENCL~WILLIS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she/executed the same in his/her capacity and that by his/her/signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the insmunent. Notary Public MARTIN R. GILMARTIN Notary Public, State of New York No. 02GI4612694 - Suffolk County ~ Commission Expires November 30, 20....._~] 3 STATE OF NEW YORK; COUNTY OF SUFFOLK On ~e~e~ ~t (o~'_ 2008, before me, the undersigned, personally appeared ff. c~ ~[. ,/~c~.gT///~, personally known to me or proved to me on the basis of satisfactory evidence to b~' the individual whose name is subscribed to the within instmment and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. BARBARA AN~I RUDDER Notary Public, State of Naw York No. 4855805 Qualified in Buffolk Commission Expires April 14, -": SURVEY OF PROPERTY AT CUTCHOOUE TO~N OF SOUTHOLD SUFFOLK COUNTY, ' 1000--110--.01--I2 SCHEDULE "A" S-8353 DESCRIPTION .aLL that certain plot, piece or parcel of land, with the bu/ldings and improvements thereon erected, situate, lying and being at Cutehogue, Town of $outhold, County of Suffolk and State of New York, being bounded and described az follows: BEGINNING at the comer formed by the iaterseotion of the southwesterly side of West Creek Avenue with the northwesterly side of West Road; RUNNING THENCE fi-om the point of beginning along the northwesterly *ide of West Road south 65 degrees 22' 40" west 221.87 feet to a wood bulkhead along Wickham Creek; RUNNING THENCE along the said wood bulkhead north 69 degre~, 52' 00" west 129.09 feet; RUNNING THENCE along a tie line along Wickham Creek aoffia 46 de~ees 12' 55' west 168.63 feet to a wood bullhead; RUNNI/qG THENCE along the said wood bulkhead the following 3 comes and distances: 1) 2) 3) north 23 degrees 10' 46" west 44.93 feet; north 67 degrees 57' 16" east 35.70 feet; north 24 degrees 43' 35" west 81.09 feet to a tie line along Wiekham Creek; RUNNING TI-IF-31CE along the sa~d fie line north 53 degrees 02' 45" west 200.05 feet to the land now or formerly of Hassitdine and Vanderbeck; RUNNING t~IENCE along the said land noffit 61 degrees 46' 30" east 297.71 feet to the southwesterly side of West Creek Avenue; RUNNING TI-~NCE along the southwesterly side ~f West Creek Avenue the follow/ag 2 courses and distances: 1) 2) south 42 degrees 55' 20" east 404.67 feet; south 27 degrees 45' 20" east 182.80 feet to the northwesterly side of West Road the polar or place of BEGINN'ING. SUGGESTED DESCRIPTION OF A 15 FOOT DRAINAGE EA~T # 1 SUFFOLK COUNTY TAX MAP NUMBER: 1000-110-01-P/O 12 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT FLEETS NECK, NEAR CUTCHOGUE,TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF WEST CREEK AVENUE, SAID POINT AND PLACE OF BEGINNING BEING A DISTANCE OF 444.79 FEET AS MEASURED IN A NORTHERLY DIRECTION FROM THE INTERSECTION FORMED BY THE NORTHERLY LINE OF WEST ROAD WITH THE WESTERLY LINE OF WEST CREEK AVENUE; RUNNING THENCE FROM SAID POINT AND PLACE OF BEGINNING THROUGH LANDS NOW OR FORMERLY OF NEW SUFFOLK PROPERTIES LLC SOUTH 58 DEGREES 24 MINUTES 00 SECONDS WEST THROUGH A BULKHEAD A DISTANCE OF 25.38 FEET TO THE MEAN HIGH WATER MARK OF A DREDGED BASIN; THENCE NORTH 39 DEGREES 13 MINUTES 00 SECONDS WESTA DISTANCE OF 15.13 FEET TO A POINT; THENCE NORTH 58 DEGREES 24 MINUTES 00 SECONDS EAST A DISTANCE OF 24.39 FEET TO A POINT AND THE SOUTHWESTERLY LINE OF WEST CREEK AVENUE; THENCE SOUTH 42 DEGREES 55 MINUTES 20 SECONDS EAST A DISTANCE OF 15.30 FEET TO THE POINT AND PLACE OF BEGINNING. SUGGESTED DESCRIPTION OF A 15 FOOT DRAINAGE EASEMENT # 2 8U~I~OLK COUNTY TAX MAP NUMBER: 1000-110-01-P/O 12 ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT FLEETS NECK, NEAR CUTCHOGUE,TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS; EEGII~fflNG AT A POINT ON THE WESTERLY LINE OF WEST CREEK AVENUE, SAID POINT AND PLACE OF BEGINNING BEING A DISTANCE OF 156.31 FEET AS MEASURED IN A NORTHERLY DIRECTION FROM THE INTERSECTION FORMED BY THE NORTHERLY LINE OF WEST ROAD WITH THE WESTERLY LINE OF WEST CREEK AVENUE; R~NG THENCE FROM SAID POINT AND PLACE OF BEGINNING THROUGH LANDS NOW OR FORMERLY OF NEW SUFFOLK PROPERTIES LLC SOUTH 23 DEGREES 39 MINUTES 00 SECONDS WEST THROUGH A BULKHEAD A DISTANCE OF 26.46 FEET TO THE MEAN HIGH WATER MARK OF A DREDGED BASIN; THENCE NORTH 29 DEGREES 11 MINUTES 00 SECONDS WEST A DISTANCE OF 18.82 FEET TO A POINT; THENCE NORTH 23 DEGREES 39 MINUTES 00 SECONDS EAST A DISTANCE OF 27.06 FEET TO A POINT AND THE WESTERLY LINE OF WEST CREEK AVENUE; THENCE SOUTH 27 DEGREES 45 MINUTES 20 SECONDS EAST A DISTANCE OF 19.19 FEET TO THE POINT AND PLACE OF BEGINNING.