HomeMy WebLinkAboutMitchell, Paul L TrustSouthold Town Board - Letter
Board Meeting of August 11, 2009
RESOLUTION 2009-683
ADOPTED
Item # 5.8
DOC ID: 5209
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-683 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 11, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Grant of Drainage Easement and all other
necessary documents to effectuate same between Trust U/A Paul L. Mitchell and the Town
of Southold, 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 .~r., Wickham, Evans, Russell
Generated August 17, 2009 Page 14
ORIGINAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 9
Receipt N,,mher : 09-0107864
TRANS~R TAX NUMBER: 09-04181
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
065.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
09/21/2009
10:20:40 AM
D00012600
599
Lot:
002. 000
Received the Following Fees
Page/Filing $45.00
COE $5.00
TP-584 $5.00
Cert. Copies $5.85
Transfer tax $0.00
TRANSFER TAX NUMBER: 09-04181
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
$20.00
$15.00
$0.00
$30.00
$0.00
$125.85
Exempt
NO
NO
NO
NO
NO
Judith A. Pascale
County Clerk, Suffolk County
Number of pages
gerial #
Certificate #
Prior Cfi. #
TORRENS
Deed. Mortgage Instrument
31
Page / Fihng Fee L~
Handling
TP-584
Notation
EA-5217 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
Reg. Copy
Other
Deed / Mortgage Tax Stamp
FEES
Sub Total
Sub Total
Orand Total
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
or
Spec. / Add.
TOT MTG. TAX
Dual Town Dual County __
Held for Appointment __
Transfer Tax
Mansion Tax
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
4
Pr,
Ta
Ag.
Verification
1000 06500 0100 002000 P$O oL~t'UUU
S~sfacdon/Dis~ges/Rebase ~stPropertyOwners MallingAd&ess
RECORD&RETURNTO:
Martin D. Finnegan, Town Attorney
TOWN OF SOUTHOLD
P.O. Box 1179
Southold, NY 11971-0959
Preservation Fund
Consideration Amount $. 0
CPF Tax Due $. 0
Improved
Vacant Land
Title Company lnfomafion
Co. Name
Title #
Suffolk County Recording & Endorsement Page
This page forms part of the attached Grant of Drainmgm 'Rm ~m~e made by:
(SPECIFY TYPE OF INSTRUMENT)
Trust U/A Paul L. Mitchell
TO
Town of Southold
The premisis herein is situated in
SU~e'OLKCOUNTY, NEWYORK.
In the Township of Southold
In the VILLAGE
or HAMLET of
Southold
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(nvar/
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, you will now r :ed
to contact your local Town Tax Receiver so that you may be billed directly for all future prol~: rty
tax bills.
Local property taxes are payable twice a year: on or before January, 10th and on or before L lay
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 ax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, NY 11757
(631) 957-3004
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead, 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
GRANT OF DRAINAGE EASEMENT
THIS indenture made thi,~,) day of August, 2009, by and between Trust U/A
Paul L. Mitchell, dated 10/12/94, c/o 1630 Town Harbor 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, Town of Southold, Suffolk
County, New York (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land containing 0.375
acres, more or less, of land identified by Suffolk County Tax Map number 1000-65-1-2;.
located on the southwestern side of Town Harbor Lane in the Hamlet of Southold, Town
of Southold, Suffolk County, New York;
WHEREAS, the Grantee, for drainage purposes proposes to construct, install,
maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff
from Town Harbor Lane;
WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a
portion of Grantor's land as described in Schedule A attached hereto on the condition
that the Grantee re-grade the rear of the property and raise the grade to minimize
flooding on the property to the greatest extent practicable;
NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and
other good and valuable consideration paid by the Grantee to the Grantor, the receipt of
which is hereby acknowledged, this agreement witnesseth that:
-1-
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 described in Schedule A.
follows:
The nature, character and extent of the easement hereby granted are as
(a)
(b)
The right of the Grantee to enter upon the premises at all
reasonable times:
(i) To install, create and maintain culverts, pipes, leaching pools
on the premises and to repair, replace or remove same as
needed for the effective drainage of road runoff from Town
Harbor Lane as illustrated on Schedule B attached hereto.
The easement area for the subsurface culverts and/or pipes
is limited to an area that is five feet in width as indicated on
Schedule B. The parties acknowledge that a portion of the
existing subsurface pipe/culvert may be outside of the
easement area set forth above. However, should the
Grantee replace said pipe/culvert, the Grantee shall relocate
the pipe/culvert within the easement area illustrated on
Schedule B or outside the boundaries of Grantor's premises.
(ii) To perform such grading, excavation and the installation of
such facilities as shall be required for the construction,
operation, repair, replacement and maintenance of said
culverts, pipes, and leaching pools for the collection of
highway drainage waters.
The right of Grantee to enter upon the premises at all reasonable
times to access the underground drainage features installed and
constructed under the terms of this easement. Said easement for
access is limited to the 15 foot area set forth in Schedule C
attached hereto.
-2-
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 rights granted herein. Grantees acts shall not inhibit
any access other than on a temporary basis to replace existing culverts or pipes.
4. The Grantee further agrees to pay all reasonable damages to the
premises of the Grantor sustained as a result of the construction, maintenance and/or
operation of the drainage easement thereon by the Grantee and shall be obligated to
restore the affected area in a timely fashion to the condition prior to the damage.
Restoration may include, but is not limited to repairing damage caused by the Grantee
to the asphalt driveway and curbing.
5. The Grantee further agrees to obtain all necessary permits from all
governmental agencies necessary to carry out the operations contemplated by this
agreement. Grantee agrees to construct no fences, walls or other obstructions as part
of this project.
6. This easement shall be deemed a "minor utility easement" and the Grantor
agrees to that the easement area shall be included in the in the lot area (buildable area)
and that the setbacks for the principal structure shall be measured from the property line
and not the easement area. This is a material element of this agreement.
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.
8. Grantee shall indemnify and hold harmless Grantor against all liability
associated with its own acts or omissions in connection with the use of the premises.
9. The terms of this easement may not be changed orally, and this writing
constitutes the entire agreement of the parties. Each party represents to the other that
-3-
no representations have been made or relied upon by or to either party except those set
forth herein.
10. If any term of this easement shall be determined by a court of competent
jurisdiction to be unlawful, null or void, all other terms shall remain in full force and
effect.
11. Grantor represents to Grantee that the execution of this Easement does
not violate any covenant, regulatory restriction, court order or agreement to which its lot
may be subject, and that the undersigned is the sole owner of the lot and possessed of
full authority to execute same.
12. This easement shall be perpetual unless, by judicial decree or
determination or by written agreement of all parties, the beneficial use of the easement
or either of them shall cease by operation of law or otherwise.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
Paul L. Mitchell
By:~~7
Scott A. Russell, Supervisor
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On this~5~'day of August, in the year 2009, before me personally appeared Paul
L. Mitchell, 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 executed the same in his capacity and that by his signature on the instrument,
the individual, or the person upon behalf of which the i~ual acted, executed the
instrument.
Notary Public
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
PATRICIA C. MOORE
Notary Public, State of New York
Suffolk Count,/- No. 4861668
Commission Expires June 16, ~
On this _~ day of August, in the year 2009, before me personally appeared
Scott A. Russell, 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 executed the same in his capacity and that by his signature on the
instrument, the individual, or the person upon~vidual acted,
executed the instrument.
Notary Pu il~' "'
I~OI~/'IIE J. DOROSKI
I'/otary Public, State Of New Yo~
No. 01D06095328 Surf0 k C0,an~
Term Exp res July 7, 20__.~
-5-
Schedule "A"
Drainage Easement
For the
Mitchell Property
SCTM #: 1000-65-01-02
All that certain plot, piece or parcel of land, lying on the property of Paul L. Mitchell and
shown on the filed map of Property of Jonathan T. Overton, file No. 1055, filed January 4,
1931 and being situate in the Town of Southold, County of Suffolk and State of New York,
being bounded and described as follows;
BEGINNING at a point on the South Westerly side of Town Harbor Lane distant
North 31 degrees 31 minutes 10 seconds West, 140.33 feet from a concrete monument at
the intersection of the North Westerly side of Terry Lane;
RUNNING THENCE from said point of beginning;
South 58 degrees 28 minutes 50 seconds West, 193.07 feet;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
North 87 degrees 15 minutes 00 seconds West, 36.69 feet;
North 27 degrees 26 minutes 20 seconds West, 29.42 feet;
North 58 degrees 28 minutes 50 seconds East, 61.30 feet;
South 31 degrees 31 minutes 10 seconds East, 45.00 feet;
North 58 degrees 28 minutes 50 seconds East, 160.00 feet;
South 31 degrees 31 minutes 10 seconds East, 5.00 feet;
To the point or place of BEGINNING.
Schedule
EASEMENT
POINT OF
BEGINNING
SCHEDULE C
PO{NT OF
BEGINNING