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HomeMy WebLinkAboutSiren Pole EasementRESOLUTION 2009-i94 ADOPTED DOC ID: 4808 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-194 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Siren Pole Easement and all' other neces.sary documents to effectuate same, in connection with the installation of a siren pole located within the Town of Southold right-of-way for Equestrian Avenue on Fishers Island, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell · PATRICIA A. FINNEGAN TOWN ATTORNEY patricia, finnegan@town.sout hold.ny.us JENNIFER ANDALORO ASSISTANT TO'~N ATTORNEY jennifer.andaloro @town.southold.ny.us LORI M. I-IULSE ASSISTANT TOWN ATTORNEY lorLhulse@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 VIA FEDERAL EXPRESS April 7, 2009 RECEIVED APR 8 2009 Kenneth C. Baldwin, Esq. Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 RE: Town of SoutholdlDominion Nuclear Connecticut Siren Pole Easement Fishers Island, New York Dear Mr. Baldwin: Pursuant to your letter dated March 12, 2009, I am enclosing the original, executed Siren Pole Easement and conveyance documents in connection with the referenced matter. Kindly let us know once this easement has been recorded. If you have any questions regarding the enclosed, please feel free to call me. Thank you for your assistance. Very truly yours, Secretary to the Town Attorney /Ik Enclosures cc: Members of the Town Board (w/encls.) Ms. Elizabeth A. Neville, Town Clerk (w/encls.) / Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed. Mortgage Instrument 31 Deed / Mortgage Tax Stamp FEES Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) R.RTS.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other ~, O0 5. 00 Sub Total Sub Total Grand Total 4 [District I Section Block I Lot Real Property Tax Service Agency Verification I 6 [ Satisfaction/Discharges/Release List Property Owners Mailing Address ! RECORD & RETURN TO: Jennifer Andaloro, Esq., TOWN OF SOUTHOLD P.O. Box 1179 Southold, NY 11971-0959 Assistant Town Atty. Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by tiffs motgage is or will be improved by a one or two fanfily dwelling only. YES or NO If NO, see appropriate tax clause on page g. of tiffs instrument. 5 Community Preservation Fund Consideration Amount $. 0 CPF Tax Due $. 0 Improved Vacant Land X TD Title Company Information Co. Name Tide # Suffolk County Reco.rding & Endorsement Page This page forms part of the attached STRRN POLP. ~.Ag~N'~ made by: (SPECIFY TYPE OF INSTRUMENT) TOWN OF SOUTHOLD TO The premisis herein is situated/n SUFFOLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING SIREN POLE EASEMENT KNOW ALL PEOPLE BY THESE'PRESENTS, that the TOWN OF SOUTHOLD, a municipal corporation existing under the laws 0fthe State of New York, having an address of 53095 Route 25, Southold, New York ("Grantor"), for Ten ($10.00) Dollars and other good and valuable consideration received to its full satisfaction of DOMINION NUCLEAR CONNECTICUT, INC., a Delaware corporation, having an office at Millstone Power Station, Rope Ferry Road (Route 156), Waterford, Connecticut, its agents and contractors (collectively the "Grantee"), does hereby give, grant, bargain, sell and confirm unto Grantee, and unto its- successors and assigns, forever, the perpetual right, privilege and authority to construct, install, maintain, inspect, repair, alter, upgrade, remove, relocate, replace, substitute and operate a siren pole and related structures and equipment, including, without limitation, conduits, guys, anchors, monuments, cables, wires, transformers and switches, and any other appurtenances as Grantee may fi.om time to time require (collectively, the "Facilities"), upon, over and under a certain piece or parcel of land situated within Grantor's right of way for Equestrian Avenue, located in the Town of Southold, County of Suffolk and State of New York, such Easement Area at the east side of Equ6slrian Avenue, approximately three hundred twenty (320) feet north of the intersection with Athol Crescent ("Easement Area"). Together with the perpetual right to enter upon the Easement Area in the exercise of such right, privilege and authority. Grantee, by its acceptance hereof, agrees, for itself and its successors and assigns, that upon completion of any construction, installation, mmntenance, inspection, repair, removal and/or replacement of its Facilities that sxgnificantly disturbs the surface of any portion of the Easement Area, such disturbed surface area shall be restored by Grantee to its former condition to the extent reasonably practicable or limited by any law, rule or regulation, given the presence &the Facilities. Such restoration, however, shall not include the replacement and/or other restoration of such trees, brush, roots, flowers and/or other growth as may be removed at any time pursuant to the rights herein granted. Grantee reserves the right, at any time ahd fi.om time to time, to trim, cut, take down and remove any or all trees, parts of trees, limbs, branches, roots, brush, flowers and/or other growth on, over, or under the Easement Area that, in the judgment of such Grantee, might interfere with and/or endanger the construction, installation, maintenance, inspection, repair, removal, replacement and/or operation of any Facilities and/or access thereto. Grantor agrees, for itself and its successors and assigns, that each and every part of the Facilities shall be and remain the sole and exclusive property of Grantee. Grantor further agrees, for itself and its successors and assigns, that each and every part of the Facilities shall be used exclusively by Grantee and neither Grantor, nor any servant, agent, employee or contractor of Grantor, its successors or assigns, shall have any right of access to the same without the prior written consent of Grantee, and Grantee shall have full and exclusive control of the same. HARTl-1499084.2 Grantor further agrees, for itself and its successors and assigns, that neither Grantor, nor any servant, agent, employee or contractor of Grantor, its successors or assigns, shall either erect any structure or plant any tree or shrub in a location, or change the grade of the Easement Area in a manner that will interfere with and/or endanger the operation or maintenance of any of the Facilities and/or Grantee's right of access to the same. Grantor further agrees, for itself and its successors and assigns, that if any work in connection with any improvement now or hereafter sittlated on the Easement Area might be liable to cause damage to and/or otherwise adversely affect any of the Facilities, then no such work shall be commenced by Grantor, nor any servant, agent, employee or contractor of Grantor, its successors or assigns, unless and until Grantee shall have been given prior written notice of the same and given an opportunity to take such measures as its deems necessary to provide protection for the Facilities. Each party, for itself and its successors and assigns, shall, to the extent permitted by law, indemnify and hold the other party, and it successors and assigns, and its officers, directors, shareholder, partners (general and limited),.members, erhployees, agents, contractors, representatives, licensees, invitees and trespassers harmless from and against any and all liabilities, claims, suits, losses, costs, expenses and/or damages incurred by either parties violation of the terms, covenants and conditions of this agreement. Graf/tee further agrees, for itself and its successors and assigns, to hold harmless and indemnify the Grantor against any claim asserted against the Grantor by reason of the Grantee's use of the Easement Area. In the event that any portion of the Easement Area is needed for a municipal purpose such that the relocation of the Facilities is required, and provided such relocation shall not affect the coverage from the Facilities, the parties agree that the Grantee, at no cost to Grantor, shall relocate the Facilities to an alternative location, and the parties shall cooperate in preparing and recording an amendment to this agreement on the land records. The provisions of this agreement shall run with the land, and shall be binding upon Grantor and its successors and assigns, and Grantee and its successors and assigns. TO HAVE AND TO HOLD the above-granted rights, privilege and authority unto Grantee, and unto its successors and assigns forever, to its and their own proper use and behoof. ]NEXT PAGE IS THE SIGNATURE PAGE] -2- ,IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this dayof ./L{a_,,~c~_, 2002. / Signed, sealed and delivered in the presence off FIRST WITNESS: Signature:/~~ ~, ~9~x.. Print Nam.~/ ~ r/ SECOND WITNESS: Signature~. ~ Print Name: LJ~r~' .~, TOWN OF SOUTHOLD Print name: ..~o'{~- /7, Its: ~ c~Or~r- {~ ~ Oe~' Hereu~nto l~uly Authorized STATE OF NEW YORK COUNTY OF SUFFOLK ) ) On this the { ~ ~ day of.fL/~cx- r- J'~ .200~_., before me, the undersigned officer, personally appeared ,..J'O o44-- At. ~'~'~ [/,_, the duly authorized .-~,~ ,oz4 ~t~-O~¢ of the TOWN OF SOUTHOLD, knox~n to me (or satisfactorily proven) to be the ~'~rso-n described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof I hereunto set my hand. BARB^R.~ ANti RUDDER H0.465~06 Commissioner for the Superior Court Notary Public My Commission Expires -3- ORIGINAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 4 Receipt Number : 09-0047915 TRANSFER TAX NUMBER: 08-20515 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 009.00 00.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 05/01/2009 12:42:57 PM D00012587 039 Lot: 000.000 Received the Following Fees For Page/Filing $20.00 COE $5.00 TP-584 $5.00 Cert. Copies $0.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 08-20515 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 $20.00 $15.00 $0.00 $30.00 $0.00 $95.00 Exempt NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County Number of pages [ TORRENS Serial # Certificate # Prior Cfi. # 31 Deed. Mortgage Instrument Page / Filing Fee Handl~] Notation EA-5217 (County) EA-5217 (State) R.P. TS.A. Deed / Mortgage Tax Stamp FEES Sub Total Comm. of Ed. 5. 00 Affidavit Certified Copy Reg. Copy Other Sub Total Grand Total [ Section 00~,~)0 Block Real Property Tax Service Agency Verification Lot ~)D.Q~) 61 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./ Assit. or Spec. / Add. TOT MTG. TAX Dual Town Dual County __ Held for Appointme~ Transfer Tax Mansion Tax The property covered by ttfis motgage is or will be improved by a one or two family dwelling only. if N~Ssee orNO appropriate tax clause on i Page # of this instrument. 5 Community Preservation Fund $. 0 aderation Amount x Due Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD&RETURNTO: Jennifer Andaloro, Esq., Assistant TOWN OF SOUTHOLD P.O. Box 1179 Southold, NY 11971-0959 Town Atty. $. 0 Improved Vacant Land × TD 71 Title Company Information Co. Name C ' ounty Recording & En oorsement This page forms part of the attached TOWN OF SOUTHOLD TO SIREN P(]T,lq l~A~q~!lvlRlXlq~ (S?EC~ 'I'Y~B OF 1]~STRUM~N'F) The premisis herein is situated in SUI"I"OLK COUNTY, NEW YORK. In the Township of SOUTHOLD In the VILLAGE or HA/VlLET of FISHERS ISLAND made by: BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been fried in my office and I am enclosing the original cop,. -or your records. If a portion of your monthly mortgage payment included your property taxes, VOU will now ~ :ed to contact your local Town Tax Receiver so that you may be billed directly for all future prop, ~ tax bills. Local property taxes are payable twice a year: on or before ..... lan-~.%, !0th and ~,,, .... ut ~-uetore ~ ~.' 'ay 31st. 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 payment. ~..~ Babylon Town Receiver of Taxes 200 East Sunrise Itighway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Pdverhead, NY 11901 (631 ) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, NY 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, NY 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk SIREN POLE EASEMENT KNOW ALL PEOPLE BY THESE PRESENTS, that the TOWN OF SOUTHOLD, a municipal corporation existing under the laws of the State of New York, having an address of 53095 Route 25, Southold, New York ("Grantor"), for Ten ($10.00) Dollars and other good and valuable consideration received to its full satisfaction of DOMINION NUCLEAR CONNECTICUT, INC., a Delaware corporation, having an office at Millstone Power Station, Rope Ferry Road (Route 156), Waterford, Connecticut, its agents and contractors (collectively the "Grantee"), does hereby give, grant, bargain, sell and confirm unto Grantee, and unto its successors and assigns, forever, the perpetual right, privilege and authority to construct, install, maintain, inspect, repair, alter, upgrade, remove, relocate, replace, substitute and operate a siren pole and related structures and equipment, including, without limitation, conduits, guys, anchors, monuments, cables, wires, transformers and switches, and any other appurtenances as Grantee may from time to time require (collectively, the "Facilities"), upon, over and under a certain piece or parcel &land situated within Grantor's right of way for Equestrian Avenue, located in the Town of Southold, County of Suffolk and State of New York, such Easement Area at the east side of Equestrian Avenue, approximately three hundred twenty (320) feet north of the intersection with Athol Crescent ("Easement Area"). Together with the perpetual right to enter upon the Easement Area in the exercise of such right, privilege and authority. Grantee, by its acceptance hereof, agrees, for itself and its successors and assigns, that upon completion of any construction, installation, maintenance, inspection, repair, removal and/or replacement of its Facilities that significantly disturbs the surface of any portion of the Easement Area, such disturbed surface area shall be restored by Grantee to its former condition to the extent reasonably practicable or limited by any law, rule or regulation, given the presence of the Facilities. Such restoration, however, shall not include the replacement and/or other restoration of such trees, brush, roots, flowers and/or other growth as may be removed at any time pursuant to the rights herein granted. Grantee reserves the right, at any time and from time to time, to trim, cut, take down and remove any or all trees, parts of trees, limbs, branches, roots, brush, flowers and/or other growth on, over, or under the Easement Area that, in the judgment of such Grantee, might interfere with and/or endanger the construction, installation, maintenance, inspection, repair, removal, replacement and/or operation of any Facilities and/or access thereto. Grantor agrees, for itself and its successors and assigns, that each and every part of the Facilities shall be and remain the sole and exclusive property of Grantee. Grantor further agrees, for itself and its successors and assigns, that each and every part of the Facilities shall be used exclusively by Grantee and neither Grantor, nor any servant, agent, employee or contractor of Grantor, its successors or assigns, shall have any right of access to the same without the prior written consent of Grantee, and Grantee shall have full and exclusive control of the same. HARTI-1499084-2 Grantor further agrees, for itself and its successors and assigns, that neither Grantor, nor any servant, agent, employee or contractor of Grantor, its successors or assigns, shall either erect any structure or plant any tree or shrub in a location, or change the grade of the Easement Area in a manner that will interfere with and/or endanger the operation or maintenance of any of the Facilities and/or Grantee's right of access to the same. Grantor further agrees, for itself and its successors and assigns, that if any work in connection with any improvement now or hereafter situated on the Easement Area might be liable to cause damage to and/or otherwise adversely affect any of the Facilities, then no such work shall be commenced by Grantor, nor any servant, agent, employee or contractor of Grantor, its successors or assigns, unless and until Grantee shall have been given prior written notice of the same and given an opportunity to take such measures as its deems necessary to provide protection for the Facilities. Each party, for itself and its successors and assigns, shall, to the extent permitted by law, indemnify and hold the other party, and it successors and assigns, and its officers, directors, shareholder, parmers (general and limited), members, employees, agents, contractors, representatives, licensees, invitees and trespassers harmless fi:om and against any and all liabilities, claims, suits, losses, costs, expenses and/or damages incurred by either parties violation of the terms, covenants and conditions of this agreement. Grantee further agrees, for itself and its successors and assigns, to hold harmless and indemnify the Grantor against any claim asserted against the Grantor by reason of the Granters use of the Easement Area. In the event that any portion of the Easement Area is needed for a municipal purpose such that the relocation of the Facilities is required, and provided such relocation shall not affect the coverage from the Facilities, the parties agree that the Grantee, at no cost to Grantor, shall relocate the Facilities to an alternative location, and the parties shall cooperate in preparing and recording an amendment to this agreement on the land records. The provisions of this agreement shall mn with the land, and shall be binding upon Grantor and its successors and assigns, and Grantee and its successors and assigns. TO ItAVE AND TO ItOLD the above-granted rights, privilege and authority unto Grantee, and unto its successors and assigns forever, to its and their own proper use and behoof. [NEXT PAGE IS THE SIGNATURE PAGE] -2- IN WITNESS WHEREOF, Grantor has caused this instrument to be executed this / 3 '1/~ dayof _fi4ta~ c~, 200_~. Signed, sealed and delivered in the presence of: FIRST WITNESS: Signature:,~4c4Jt~ ~ erintNam~.e~,~/r?r~e /-~_.~--~-~o~' SECOND WITNESS: Signamr e .'~~, ~(~IJ~ Print Name: ~J~r~ ~[A, ~lf-~_J !$-~..~ TOWN OF SOUTHOLD Its: ~ ,.~9~r- o) s c~e~ Hereunto l~uly Authorized STATE OF NEW YORK COUNTY OF SUFFOLK Onthisthe [~'tt~ dayof ss: ,200~_, before me, the undersigned officer, personally appeared ~J'o er44-- d. ~X~ [,/, the duly authorized ~ ~ ~ }~ of the TO~ OF SOUTHOLD, ~o~ to me (or satisfactorily proven) to be the~rsoh descfibbd in the foregoing ins~ent, ~d ac~owledged that he executed the sine in the capacity therein stated ~d for the p~oses ~erein contained~ GOO ~4 ~ In w~rness wnereo~ NOtlt¥ Public, State o! New tlo 4855805 Qua led in $u~{0 ~6ounty~r~ Notary Public -3-