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Home My WebLink AboutSiren 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- P-584 (3/07) New York Stale Oeparllneflt el Taxalio~ and Finance Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax Recording office lime slamp See Form TP-5844, Instructions for Form TP-584, before completing this form. Please print or type. Schedule A -- Information relating to conveyance Grantor/Transferor Name/ifind~wdual;last, first, middle initial) Social security number Town of Southold Mailing address ~] Individual [] Corporation [] Parmership [] Es~ate/Trusl [] Other Grantee/Transferee 53095 Route 25 P.O. Box 1179 Cit~outhOld St~t~ Dominion Nuclear Connecticut, Mailing address i 1 ~?ic°d~ Social security number Federal employer ident, number [] Individual Inc. [] Corporation Social security number [] Partnership Millstone Power Station, Rope Ferry Road [] Eslaterrrust City Stale ZIP code Federal employer ident number [] OIher Waterford CT 06385 Location and description of property conveyed //- 4 oo z Social security number Tax map designation Address City/village Town County Section Block Lot Right of Way for Equestrian Fishers Southold Suffolk Avenue +/_ 320' ·north of Athol Island Cresent Type of y 1 [] One- to three-family house 2 [] Residential cooperative 3 [] Residential condominium 4"~ Vacant land ,pplicable box) 5 [] Commercial/Industrial 6 [] Apartment building 7 [] Office building 8 [] Other Date of conveyance Percentage et real property l I conveyed which is residential real property O % (see instructions) ' Condition et conveyance (check all that apply) a. [] Conveyance of fee interest b. [] Acquisition pfa controlling interes (stae percentage acqu red %) c. ~] Transfer Of a controlling interest (state percentage transferred %) d. [] Conveyance to cooperative housing corporation e. ~] Conveyance pursuant to or in lieu of foreclosure or enforcement of security interest (attach Porn] rp.584.1, Schedule £) IF or recording officer's use t [] Conveyance which consists of a mere change of identity or form of ownership or organization (attach Form TP.584.1, Schedule F) . g. [] Conveyance for which credit for lax previously paid will be claimed (attach Form TP-554. 1, Schedule G) h. [] Conveyance of cooperative apartmenl(s) i. ~] Syndication j. [] Conveyance of air rights or development rights k. [] Contract assignment IAmognl received Date received Schedule B., Part I $ Schedule B.. Pad II $ I. ~] Option assignment or surrender m. [] Leasehold assignment or surrender n.[] Leasehold grant o.'~ Conveyance et an easement p. [] Conveyance for which exemption from transfer tax claimed (complete Schedule B, Part ill) q. [] Conveyance of property partly within and partly outside the state r. [] Other (describe) Page 2 of 4 TP-584 (3/07) Schedule B -- Real estate transfer tax return (Tax Law, Article 31) Part ! - Computation of tax due t Enteram~unt~fc~nsidereti~n~rtheconveyance(ify~uareclaimingat~ta~exempt~4[nfr~mtax~checkthe exempt~)nclaknedbox, enterconsiderationandproceedtoPartl/i) ...................... '~ Exemption claimed I · - 0 - 2 Continuing lien deduction (seeinstructions#properh/istakensubiecttomort~n~nrli~l~'~% ~--, 3 Taxable consideration (subtract line 2 from line 1) ................................................................................... O ~ 4 Tax: $2 tor each $500, or tractional part thereof, of consideration on line 3 .........................................................I"i - O ~ 5 Amount of credit claimed (see instructions and attach Form TP-584. l, Schedule G) ................................................... ~ '" O .~ 6 Total tax due* (subtract line 5 from line 4) ...... Part [[ - Computation of additional tax due on the conveyance of residential rea, property for $1 million or more 1 Enter amount of consideration for conveyance (from Part I. line 1, 3 o al additional transter tax due (multiplyline2by 1% (.01)~ .................................................................................. ] 3. I Part 1[! - Explanation of exemption claimed on Part l, line 1 (check any boxes thalapply) The conveyance of real property is exempt trom the real estate transfer lax for the tolfowing reason: a. Con~yance is to the United Nations, the United States of America. the state of New York, or any of their instrumentalities, agencies, or political subdivisions (or any public corporation, including a public corporation c~eated pursuant to agreereent or compact with another state or Canada) ................................................................................................................................... ~ ........... a [] b. Conveyance is to secure a debt or other obligation ............................................................................................................................ b · [] c. Conveyance is without additional consideration to contirm, correct, modify, or supplement a prior conveyance ............................... c [] d. Conveyance of real property is without consideration and not n connection w th a sale, including conveyances conveying realty as bona fide g ~s ....................................................................................................................................................................... d [] comprising the cooperative dwelling or dwellings.) Attach Form TP-584.1. Schedule F .................................................................... t [] g. Conveyance consists of deed of partition ........................................................................................................................................... g [] *Please make check(s) payable to the county clerk where the recording is to take place. It the recording is to take place in New York City, make check(s) payable 1o the NYC Department of Finance. If a recording is not required, send this return and your check(s) made payable to the NYS Department of Taxation and Finance directly to the NYS Tax Department, RE'CF Return Processing, PO Box 5045, A bany NY 1220545045. Page 3 of 4 TP~584 (3/07) Schedule C -- Credit Line Mortgage Certificate (Tax Law, Article 11) Complete the following only it the interest being transferred is a fee simple interest. I (we) certify that: (check the appropriate box) t. [] The real property being sold or transferred is not subject to an outstanding credit line mortgage. 2. [] The real property being sold or transferred is subject to an outstanding credit line mortgage. However. an exemption from the tax is claimed for the following reason: []'l'he transfer of real property is a transfer of a lee simple interest to a person or persons who held a fee simple interest in the real property (wnell~er as a joint lenant, a tenant m common or otherwise) immediately before the transfer. []The transfer of real property is (A} to a person or persons re ated by blood, marriage or adoption to the odginal obligor or [o one or more of the original obligors or (B) to a person or entity where 50% or more el the ~)eneficial interest in such real property after the transfer is held by the transferor or such related person or persons (as in the case o[a transfer to a trustee for the benefit el a minor or the transfer to a trust for the benefit el the transferor), [~The transfer el real property is a transfer iD a trustee in bankruptcy, a receiver, assignee, or other oflJcer of a court. ~The maximum principal amount secured by the credit line mortgage is $3,000.000 or more. and the real property being sold or transferred is not principally improved nor will it De improved by a oDe- to six-family owner-occupied residence or dwelling. Please note: for purposes of determining whether the maximum principal amounl secured is $3.000.000 or more as described above, the amounts secured by two or more credit line modgages may bo aggregated under certain circumstances. See TSB-M-96(6)-R for more information regarding these aggregation requirements. [] Other (attach detailed explanation), 3. [] The real property being transferred is presently subject to an outstanding credit line mortgage. However, no tax is due tot the following reason: [~]A certificate of d~scharge of lhe credit line morlgage is being oHered at the lime el recording the deed. ~A check has been drawn payable for transmission to the credit line mortgagee or his agent lor the balance due and a satisfaction of suco mortgage will be recorded as soon as it is availabre, 4. [] The real property being transferred is subject to an outstanding credit line mortgage recorded in (insert liber and page or reel or other identification of the mortgage). The maximum principal amount of debt or obligahon secured by the mortgage is _ . No exemption from tax is claimed and the tax of is being paid herewith. (Make check payable to county clerk where deed will be recorded on if the recording is to take place in New York Ci~ make check payable to the NYC Department of Finance,) Signature (both the grantor(s) and grantee(s) must sign) The undersigned certify that the above information contained n scnedules A. B. and C. including any return, certification, schedule, or attachment, is fo~he best of his)her knowledge, true and complete, and authorize the person(s) submitting such form on their behalf to receive a copy for purples ot recording the deed.or other instrument affecting the conveyance. ~'-5".o.~,-,~. ~¢ .T-o~,~-E4~, ( ~ ___ · . Reminder: Did you complete all of the rec~uirad information in Schedules A. B. and C? Are you required to complete Schedule C)? If you checked e. f. or g m Schedule A, did you complete Form TP-584.1 ? Have ~ou attached your check(s) made payable to the county clerk where recording will take place or, it the recording is in New York City, Io the NYC Department of Finance? If no recording is requfrad. Send your check(s), made payable to the Department of Taxation and Finance. directly to the NYS Tax Department, REI-r Return Processing, PO Box 5045. Albany NY 12205-5045 page 4 of 4 TP-584 (3/07) Schedule D - Certification of exemption from the payment of estimated personal income[ax (Tax Law, Article 22, section 663) Complete the following only if a fee simple interest or a cooperative unit is being transferred by an individual or estate or trust. Part [ - New York State residents It you are a New York State resident transferor(s)/seller(s) listed in Schedule A of Form TP-584 (or an attachment to Form TP-584), you must sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident ot New York State, each resident transferor/seller must sign in the space provided. If more space is needed, please photocopy this Schedule D and submit as many schedules as necessary to accommodate all resident transferors/sellers. Certification of resident transferor(s)/seller(s) This is to certify that at the time of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) as signed below was a resident of New York State, and therefore is not required to pay estimated personal income tax under Tax Law, section 663(a) upon the sale or transfer of this real property or cooperative unit. Signature Prinl ful~ name Date Signature Print full name Dale Signature Print full name Date NOte: A resident of New York State may still be required to pay estimated tax under Tax Law, section 685(c), but not as a condition of recording a deed. Part I! ~ Nonresidents of New York State If you are a nonresident of New York State listed as a transferor/seller in Schedule A Of Form TP-584 (or an attachment to Form TP-584) but are not required to pay estimated personal income tax because one of the exemptions below applies under Tax Law, secli0n 663(c), check the box of the appropriate exemption below. If any one of the exemptions below applies to the transferor(s)/seller(s), that transfemr(s)/seller(s) is not required to pay estimated personal income tax to New York State under Tax Law, seCtion 663: Each nonresident transferor/seller who qualifies under one of the exemptions below must sign in the space provided. If more space is needed please photocopy Ibis Schedule D and submit as many schedules as ~ecessary to accommodate all nonresident transferors/sellers. If none of these exemption statements apply, you must complete Form IT-2663, Nonresident Real Property Estimated income Tax Payment Form, or Form IT-2664, Nonresident Cooperative Unit Estimated Income Tax Payment Form. For more information, see Payment of estimated personalincome tax, on page 1 of Form TP-584-[. Exemption for nonresident transferor(s)/seller(s) This is to certify that at the tim~ of the sale or transfer of the real property or cooperative unit, the transferor(s)/seller(s) (grantor) of this real property or cooperative unit was a nonresident of New York State, but is not required to pay estimated personal income tax under Tax Law, secllon 663 due to one ot the following exemptions: ' [] The real properly dr cooperative unit being sold or transferred qualities in total as the transteror's/seller's principal residence (within the meaning of internal Revenue Code, section 121) from to. (see instructions). Date Date [] The transieror/seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure, or in lieu of foreclosure with no additional consideration. [] The transferor or transferee is an agency or authority of the Unite(~ States of America, an agency or authority of the state of New York, the Federal Nafional Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company. Peconic Bay Region Community Preservation Fund East Hampton 03 Riverhead 06 Shelter island 07 Southampton 09 Southold 10 Schedule A - Information Relating to Conveyance O Individual ~ Town of Southold D Pan,¢rshlp 53095 Route 25 P.O. Box 1179 Southold NY 11971 thdividual Corporation Partnership Other Dominion Nuclear Connecticut, Inc. Millstone Power Station ZIP co~a Waterford CT 06385 I I 54 12009634 Right of Way for Equestrian Fishers Southold Avenue +/ 320' north of Island Athol Cre~ent o 0 Schedule B - (continued) approval, below) ..................................................................................... [~] 317D o f the Tax law. ($eej in Schedule C) Town AUomey or other designated official Penaffie~ and Interest ***** By signing the following, the buyer and seller further represent and attest to the fact that fc~r property lying within Southold Town, a validly executed contract was in effect prior to March I, 1999 and that for all other towns subject at the CPF tax. a validly executed contract was in effect prior to April I. 1999. Seller Signature (both th~jlrantor(s) and grantee(s) must sign). The undersign~'l~ertify that the above return, including any certification, scbedu e or a achment, is to the best of'his/her knowled ¢, t nd comp et 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-