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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