HomeMy WebLinkAboutLaurel Lake Preserve - Abandonment MARTIN D. FINNEGAN
TOWN ATTORNEY
martin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town H~I Annex, 54375 Route 25
P.O. Box 1179
Southo]d, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
£7. C[IV~D
MEMORANDUM
20]0
To:
From:
Date:
Subject:
Ms. Elizabeth A. Neville, Town Clerk
Lynne Krauza
Secretary to the Town Attorney
March 23, 2010
Laurel Lake Preserve - Easement Abandonment
For your records, I am enclosing a copy of the recorded Abandonment
and Extinguishment of Easement and Release as well as a fully executed copy of
the License Agreement in connection with the referenced matter. I am also
enclosing a copy of the resolution authorizing Scott to sign the License
Agreement.
If you have any questions, please do not hesitate to call me. Thank you
for your attention.
/Ik
Enclosures
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 5
Receipt Number : 09-0136115
TRANS~R TAX NUMBER: 09-09669
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
125.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
Received the Following Fees For Above Instrument
Exempt
Page/Filing $0.00 YES Handling
COE $0.00 YES NYS SRCHG
TP-584 $0.00 YES Notation
Cert. Copies $0.00 YES RPT
Transfer tax $0.00 YES Comm. Pres
Fees Paid
TRANSFER TAX NUMBER: 09-09669
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
J~DITH A. PASCALE
County Clerk, Suffolk County
11/25/2009
12:37:06 PM
D00012607
544
Lot:
014.000
Exempt
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00 YES
$0.00
Number of pages
TORRENS
Serial #
Certificate #
Prior Cfi. #
Deed. Mortgage Instrument
31
Page / Filing Fee
Notation
EA-5217 (County)
CLERK
L C,000!2607 ?
EA-5217 (State)
R.P. TS.A.
Comm. of Ed.
5. 00
Deed / Mortgage Tax Stamp I Recording / Filing Stamps
Sub Total
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
Reg. Copy
Other
Sub Total
/Grand rota,
4 [ Distric
Real
Property
Tax Servict
Agency
Verification
lO00 12500 OlO0 O1 O0
!
6 [ Satisfaction/Discharges/Release List Property Owners Mailing Address
!
RECORD & RETURN TO:
Suffolk County Water Authority
P.O. Box 38
4060 Sunrise Highway
Oakdale, New York 11769
," If NO, see appropriate t~J~ clause on
;-~ I page #__ of thisliflstmlnlmt, tgi~t
s I Community Preservation Fund
Consideration Amount $
CPF Tax Due
8
//
Improved
V,,aca~Land __
TD
TD
Title Company Information
Co. Name
Title #
Suffolk County Recording & Endorsement Page
This page forms part of the attacbed Easement Abandonment made by:
(SPECIFY TYPE OF INSTRUMENT)
Suffolk County. Water Authority The premisis herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the Township of Southold
Town of Southoid In the VILLAGE
or HAMLET of
BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FlLING
Cover)
ABANDONMENT AND EXTINGUISHMENT
OF EASEMENT AND RELEASE
AGREEMENT made this ~/_~'n day of~Lg~g,~, 2009, by and between
the Town o£ Southold, a municipal corporation, with its principal place o£ business at P.O.
Box 1179, 53095 Main Road, Southold, New York 11971 hereinai~er the "Town") and the
Suffolk County Water Authority, with offices at P.O. Box 38, 4060 Sunrise Highway,
Oakdale, New York 11769 (hereinafter "SCWA').
WHEREAS, the Town granted the SCWA an easement dated September 22, 2006
which was recorded at Liber 12471 Page 45 in the Offices &the Suffolk County Clerk (the
"Easement") which affects certain property owned by the Town as more particularly
described in Schedule A attached hereto and made a part hereof, and
WHEREAS, the SCWA and the Town wish to abandon and extinguish the Easement,
NOW, THEREFORE, the parties hereto, intending to be legally bound do hereby
agree as follows:
1. SCWA hereby grants and conveys to the Town, its successors and assigns all o£ its
right, title and interest in and to the Easement without covenant, representation or
warranty of any kind.
2. SCWA hereby abandons and extinguishes the Easement and the Easement is of no
further force or effect.
3. The Town releases SCWA, its officers, employees, agents or assigns from any claims,
actions, damages, trespasses, judgments, and liens of any kind which the Town, its
successors and assigns may have by reason of the Easement.
IN WITNESS WHEREOF, the parties have executed this Release &Easement as of the day
and year first written above.
Town of Southold
Scott A. Russell, Town Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
On the/0 day of A/a-v', in the year 2009
before me, the undersigned, personally appeared
Scott A. Russell. personally 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 individual acted, executed
the instrument.
Notary lbublic ! t-
LINDA J COOPER
NOTARY pUBLIC, State of New York
NO, 01CO4822563, Suffolk Cot~ ~.
Term Expires December 31, 20.¥..~
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss.:
On the ](~.day oflqOZrc~-s, tin the year 2009
before me, the undersigned, personally
appeared Stephen M. Jones, personally known
to me or proved to me on the basis of
satisfactory evidence to be the individual
whose name is subscribed m 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
individual acted, executed the instrument.
~l~blic \ ) [
KIMBERLY A. KENNEDY
Notary Public, State of New York
Qualified in Suffolk County
#01KE6031001
Commission Expires September 20,
2
Schedule A
All that certain piece or parcel of land lying and being in Laurel, Town of Southold, County
of Suffolk and State of New York, more particularly bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road, New York State Route 25, being
the centerline of a twenty foot (20) wide easement herein described, said BEGINNING point
being the following four courses and distances from the intersection of the easterly property
line of lands of the Town of Southold where it intersects with the northerly line of the Long
Island Railroad.
2.
3.
4.
South 46 degrees 53 minutes 39 seconds West a distance of 196.04 feet,
South 78 degrees 03 minutes 40 seconds West a distance of 139.84 feet,
South 72 degrees 51 minutes l0 seconds West a distance of 215.63 feet,
South 85 degrees 44 minutes 00 seconds West a distance of 233.66 feet, to the true
place or point of BEGINNING.
Running the following twenty-five (25) courses and distances:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
15.
16.
20.
21.
22.
23.
24.
Thence, North 00 degrees 27 minutes 32 seconds East, 39.18 feet,
Thence North 09 degrees 06 minutes 58 seconds East, 39.57 feet,
Thence North 38 degrees 57 minutes 21 seconds East, 34.26 feet,
Thence North 47 degrees 17 minutes 44 seconds East, 111.96 feet,
Thence North 39 degrees 07 minutes 14 seconds East, 26.18 feet,
Thence North 14 degrees 39 minutes 51 seconds East
Thence North 07 degrees 52 minutes. 16 seconds West
Thence North 13 degrees 48 minutes 31 seconds West
Thence North 23 degrees 34 minutes 01 seconds West
Thence North 31 degrees 04 minutes 46 seconds West
Thence North 22 degrees 01 minutes 55 seconds West
Thence North 09 degrees 43 minutes 16 seconds West
Thence North 18 degrees 08 minutes 30 seconds East
Thence North 45 degrees 03 minutes 44 seconds East
Thence North 67 degrees 29 minutes 29 seconds East
Thence North 56 degrees 57 minutes 17 seconds East
Thence North 72 degrees 55 minutes 16 seconds East
Thence South 89 degrees 33 minutes 58 seconds East
Thence South 70 degrees 29 minutes 59 seconds East
Thence South 58 degrees 52 minutes 00 seconds East
Thence South 62 degrees 36 minutes 46 seconds East
Thence South 71 degrees 19 minutes 44 seconds East
Thence South 82 degrees 03 minutes 31 seconds East
Thence North 86 degrees 29 minutes 27 seconds East
3
33.6O feet,
171.74 feet,
31.24 feet,
46.50 feet,
106.43 feet,
129.45 feet,
34.60 feet,
26.53 feet,
24.46 feet,
47.47 feet,
95.29 feet,
30.51 feet,
36.17 feet,
43.63 feet,
95.63 feet,
46.96 feet,
121.43 feet,
28.68 feet,
27.37 feet,
25. Thence North 73 degrees 06 minutes 15 seconds East, 33.50 feet,
to a point on the westerly property line of the Suffolk County Water Authority said point also
being North 35 degrees 01 minutes 10 seconds West 302.74 feet from a monument set on the
northeast corner of property of the Town of Southold.
SCTM #1000-125-1-14 (p/o).
4