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.