HomeMy WebLinkAboutBattaglia, JosephRESOLUTION 2011-827
ADOPTED
DOC ID: 7396
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-827 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 6, 2011:
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 Joseph Battaglia and Heidi M. Battaglia
and the Town of Southold, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southoid Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
ABSENT: Christopher Talbot
GRANT OF DRAINAGE EASEMENT
THIS indenture made this 14th day of November, 2011, by and between Joseph
Battaglia and Heidi M. Battaglia residing at 28 Wilton Road, Cold Spring Harbor, 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 2.319
acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3
located on the southwestern side of Hobart Road 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 Hobart Road;
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.
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:
WHEREAS, On June 13, 2011, Grantor received Conditional Final Approval for a
standard subdivision of a 101,022 square foot parcel into two lots where lot 1 is equal to
43,213 sq. ft. and lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District on the
condition that a 50' wide X 145.18" long drainage easement for storm water control be
granted to the Town;
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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 southerly portion of the premises described in
Schedule A.
follows:
The nature, character and extent of the easement hereby granted are as
(a) 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 Hobart
Road. The easement area for the subsurface culverts
and/or pipes is limited to an area that is approximately fifty
(50) feet in width as described in Schedule B.
(ii) To perform such grading, excavation and the installation of
such facilities as may be required for the construction,
operation, repair, replacement and maintenance of said
culverts, pipes, and leaching pools for the collection of
storm water control.
(b) 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 approximately the 50 foot area set forth in
Schedule B attached hereto.
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.
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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, replacing affected vegetation.
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 that the easement area shall be included 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
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.
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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.
~IEIDI M. BA~-FAG~A-
TOWN OF SOUTHOLD
By:.
Scoff A. Russell, Supervisor
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On this/?' day of fi'0c-.,d,~, in the year 2011, before me personally appeared
JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA, 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 ind~.jyJd~l, or the person upon behalf of
wh ich the ind ivid ual acted, executed the in~p,m?~....%///~_~///
PATRICIAC. MOORE / ~ ~ 7 ~ ~ '
Notary Publio, 8tare of New York ~
Suffolk County - No. 486166~) - (
Commission Expires June 16, ~,,~.~ -4-
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
On this day of , in the year 2011, 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 behalf of which the individual acted,
executed the instrument.
Notary Public
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