HomeMy WebLinkAboutHOBART ROAD "Drainage Easement"GRANT OF DRAINAGE EASEMENT
THIS INDENTURE made this ~ day of //~v~ 199J~ by
and between Lewis L. Edson, residing at Maple Lane. Southold. Suffolk
County, New York (the "Grantor") and the Town of Southold. a municipal
corporation of the State of New York. having its office at 53095 Main Road.
Southold. Suffolk County. New York (the "Grantee").
WHEREAS, the Grantor is the
containing 0,2637 acres, more or less.
Hobart Road in the Hamlet of Southold,
owner of a certain parcel of land
of land located on the west side of
Town of Southold. Suffolk County.
New York, generally bounded northerly by land now or formerly of Heppa;
easterly by Hobart Road; southerly by other lands of Edson, and westerly by
other lands of Edson, said land being depicted as "Drainage Easement to
Town of Southold" on a certain map prepared by Van Tuyl and Son. licensed
land surveyors entitled "Map of Land Surveyed for Lefferts Paine Edson at
Southold, Town of Southold. New York" dated June 14. 1989, and which said
parcel of land is hereinafter referred to as "the Premises"; and
WHEREAS, the Grantee. for drainage purposes proposes to construct
an artificial wetland to purify road runoff and surface waters that drain
towards Town Creek;
WHEREAS. the Grantor has agreed to grant to the Grantee easements
over and in the land of the Grantor as described above for such purposes;
NOW THEREFORE, IN CONSIDERATION OF One ($1.00) Dollar and
other good and valuable consideration paid by the Grantee to the Grantor and
receipt of which is hereby acknowledged, this agreement witnesseth that:
1. The Grantor does hereby donate, 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 premises,
2, The nature, character and extent of the easement hereby
granted is as follows:
(a) The right of the Grantee to enter upon the premises at all
reasonable times:
(i) To install and create an artificial wetland in the
premises and to repair, maintain replace and remove
same including any existing pipes currently within the
easement area.
(ii) To perform such grading and excavation and the
planting of such vegetation and the installation of
such facilities as shall be required for the
construction, operation, repair, replacement and
maintenance of an artificial wetland and/or reed beds
for the collection of highway drainage waters and to
Purify the same for purpose of discharging the same
into a drainage gutter extending southerly from the
premises and thence into Town Creek,
3. The Grantor reserves the right to the use and enjoyment of the
Grantor's premises to the fullest extent possible without unreasonable
interference by the Grantee in the exercise of the Grantee's right granted
herein. In as much as the three properties ( ) front on Hobart Road. the
Town recognizes the existence of legal access to these lots and covenants that
the Grantees acts shall not inhibit any access, includinq access to the
property off of Hobart Road, currently ,available to the Grantor, other than
on a temporary basis to replace existing culverts or pipes,
Furthermore, the construction and/or operation of the drainage easement shall
is no way affect the current status of the Grantor~s legal access from Hobart
Road to Grantee's property.
u,. The Grantee further agrees to pay all reasonable damages to the
premises of the Grantor sustained as a result of the construction and/or
operation of the drainage easement thereon by the Grantee.
5. The Grantee further agrees to obtain all necessary permits from
all governmental agencies necessary to carry out the operations contemplated
by this agreement. Prior to operations being carried out, Grantee shall
obtain written approval from the Grantor of the plans and specifications of
the drainage operations. Grantee further a.qrees that construction of thP
project will beclln within one (1) year of the siqnlnq of this a.qreement and
that construction will be completed within two (2) years from the date of th~
agreement. Grantee further agrees to construct no fences, walls or the like
as part of this project.
6. The rights granted herein shall continue and remain in effect
for ten (10) years, at which time all of the provisions hereof shall be
automatically extended for successive periods of one (1) year, unless on or
before sixty (60)days prior to the end of any extension period, either party
by written" instrument da~,~.G~'__~- :~ ~_~ .... -~.- ~-,-.~,.-
hereto ...................... ~ ........
~determine to terminate the same.
7, 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 WITNESS WHEREOF. the parties hereto have hereunto executed
this agreement the day and year flrst~ten~~
[_/Lewis L." Edson
Lewis L.
TOWN OF~UTHOLD
Scott L. ~-Iarris~ Supervisor
STATE OF NEW YORK)
sa;
COUNTY OF SUFFOLK)
On the ~ day of ~]~ . 199[~. before me personally came
Edson, to me known to be the individual described in and who
executed the foregoing instrument, and he acknowledged that he executed the
~blic~
RUDOLPH H. BRUER
STATE OF NEW YORK ) Notary Public, State of New York
SS: No. 52-O465530, Suffolk County
COUNTY OF SUFFOLK) _ . Commission Expires March 30, 19~
On this //c~~--~ 'day of ~~. 1991. before me personally
came Scott L. Harris. to me known, who being by me duly sworn, did depose
and say that he resides at 37800 Main Road. Orient. New York; that he is
the Supervisor of the Town of Southold, the municipal corporation described
in and which executed the above instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Town Board of said corporation, and
that he signed his name thereto by like order,
Not~ary Public
JUDITH T. TERRY
Notaty Public, Stats of New Yo~k
No, 52-0344963
Qualified in Suffo k County
Co~nmJssion Expires May 31, 19.~
-4-
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
March 19, 1991
Rudolph H. Bruer, Esq.
Main Road
Southold, New York 11971
Dear Rudy:
Transmitted herewith is the
between Lewis L. Edson and the
on the west side of Hobart Road,
$1.00 for the life of the agreement.
Enclosures
executed Grant of Drainage Easement
Town of Southold, for his land located
Southold. Also enclosed is a check for
Very truly yours,
Judith T. Terry
Southold Town Clerk
cc: Supt. of Hwys. Jacobs
J. McMahon, Comm. Dev. Admin.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Bon 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 12. 1991:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute a Grant of Drainage
Easement between Lewis L. Edson and the Town of Southold, whereby Mr.
Edson has agreed to grant the Town an easement over his 0.2637 acres of
land located on the west side of Hobart Road, Southold, which the Town
proposes to use for drainage proposes to construct an artificial wetland to
purify road runoff and surface waters that drain towards Town Creek,
Southold; said easement to be for a period of ten (10) years, with automatic
extensions for successive periods of one (1) year; all in consideration of
One ($1.00) Dollar to be paid by the Town to Lewis L. Edson.
March 14, 1991
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 12, 1991:
RESOLVED that pursuant to Article 8 of the Environmental Conservation
Law, State Environmental Quality Review Act, and 6NYCRR Part 617.10,
and Chapter 44 of the Code of the Town of Southold, notice is hereby
given that the Southold Town Board, in conducting an uncoordinated review
of this unlisted action, has determined that there will be no significant
effect on the environment.
Description of Action: Proposal to construct an artificial wetland at the
head of Town Creek, Southold; stormwater runoff will be diverted into a
series of wells and overflow will go into a artificial wetland area; wetland
vegetation will remove silt and sediment and reduce other runoff associated
problems. In conjunction with this project the Town Board wishes to enter
into a drainage easement with Lewis L. Edson where the project will be
located. The proposal has been determined not to have a significant effect
on the environment because an Environmental Assessment Form has been
submitted and reviewed and the Town Board has concluded that no
significant adverse effect to the environment is likely to occur should the
project be implemented as planned.
Judith T. Terry
Southold Town Clerk
March 14. 1991
PROJECT I.D. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
Town of Southold
Hobart Road Dra~n~
3. PROJECT LOCATION:
Municipality Southold County Suffolk
4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map)
Hobart Road, Southold Suffolk County Tax Map 1000-64-1-28
5. IS PROP ED ACTION:
~New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Town of Southold proposes to construct and artificial wetland at the head of
Town Creek, Southold. Stormwater runoff will be diverted into a series of wells
and overflow will go into a artificial wetland area. Wetland vegetation will
remove silt and sediment and reduce other runoff associated problema.
7. AMOUNT OF LAND AFFECTED:
Initially ,2/0 acres Ultimately · ~.~ - acres
8. WILL P POSED ACTION COMPLY WITH EXISTING ZONING OR OTHER
~ [] No If NO, describe briefly
EXISTING
LAND
USE
RESTRICTIONS?
9. WHAT PRESENT LAND USE IN VICINITY OF PROJECT?
~esidential [] Industrial [] Commercial
Describe:
[] Agriculture
[]Park/Forest/Open space {~]Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE Oj~ LOCAL)?
[~Yes [] No If yes, list agency(s) and permit/approvals
NYSDEC, Southold Town Trustees, this project is funded by Co~m~unity Development
Block Grant funds.
11. DOES ANY ASP~,SPF~T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes {~o If yes, list agency name and permit/approval
12. ~NPoC .
AS A RESULT OF R OPOSED ACTION WILL EXISTING PERM[T/APPROVAL REQUIRE MODIFICATION~
[] Yes
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor e:
S~gnature' : ~¥isor
Date: March 6. 1991
If the action is in the Coastal Area; and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION !XCF~
EXC D ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL EAF.
[] Yes
5Kilo
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 if NO, a negative declaration
may be superseded by another involved agency.
[] Yes [~ No
C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly.
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly.
[] Yes [~fl~o If Yes, explain briefly
~S THERE, OR IS THE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[~( Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Town of ~outhold
2
SCHEDULE A
All those certain plots, pieces or parcels of land situate, lying and
being at Southold, in the Town of Southold, County of Suffolk, State of
New York, bounded and described as follows:
Beginning at a point on the westerly line of Hobart Road, 400.1) feet
southerly along said llne from its intersectm with the southerly llne of
Main Road; said point being the southeasterly corner of land now or
formerly of Heppa; from said point of beginning, running thence along
said westerly line of Hobart Road, S. 27°06'10''E'~161'23 feet to a point;
thence along and through lands of Edson two courses;
1) S-81°~'?'20''W'-77'18 feet; thence
2) N.2?°06'10"W'-153'36 feet to the southwesterly corner of said land now
or formerly of Heppa; thence along said land, N-76°05'20''E'-75'0 feet to
the point of beginning.
Containing 11,486 square feet or 0.2637 acre.
Determine that construction of an artificial wetlands on the
property of Lewis L. Edson, as described in the attached
Schedule A, shall have no significant effect on the environment.