HomeMy WebLinkAboutGrigonis, Robert,-:?,~,ak% RESOLUTION 2012-672
- AI)OPTI~;I) I ()( 11): 8100
Tills IS TO CERTIFY TItAT TIlE FOL1,OWING RESOLUTION NO. 2012-672 WAS
ADOPTEI) AT TIlE RE(;ULAR MEETIN(; OF TIlE SOUTItOI,I) TOWN BOARD ON
AII(;UST 28, 2012:
RESOLVED that ti~¢ Town Board office '1 own of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and
Robert Grigonis in connection with removing a portion of the topsoil from the property
known as SCTM//1000-55-1-5.1, subject to Iht approval of thc Town Atlomey.
Elizabeth A. Neville
Somhold Town Clerk
IIlv, SULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Scott RusselI
SECONDER: Albert Krupski .Ir., Councihnan
AYES: Ruland, Talbot, I)oherly, Krupski Jr., Evans, Russell
ORIGINAL
AGREEMENT
THIS AGREEMENT made this/3'~ay of ,_~'~/-~t~,,.,r?. 2012, by and between the
Town of Southold, a municipal corporation h~(vi~g its principal office at 53095 Main
Road, P.O. Box 1179, Southold, New York 11971-0959, Suffolk County, New York (the
"Town") and Robert Grigonis, residing at 1520 Old North Road, Southold, New York
11971 (hereinafter "Grigonis") (the Town and Grigonis are hereinafter referred to, jointly,
as the "Parties")
WHEREAS, the Town is the Grantee of a certain parcel of land containing
approximately a 30,000 sq. foot portion of SCTM #1000-55-1-5.1 more fully described in
Schedule A (the "Property"); and
WHEREAS, the Property was transferred to the Town on June 5, 2012 by Grigonis as a
condition in a subdivision approval received by the Grigonis Family from the Town of
Southold Planning Board for the purpose of stormwater runoff containment; and
WHEREAS, the transfer of the Property from the Grigonis Family to the Town was
subject to Grigonis' right to remove a portion of the topsoil from the Property. and
WHEREAS, the Parties have determined that it is in their best interests to enter into this
Agreement setting forth the terms, provisions, covenants and conditions with respect to
Grigonis' removal of topsoil from the Property.
NOW THEREFORE, in consideration of the terms, provisions, covenants and conditions
more fully set forth below, the Parties agree as follows:
The Town of Southold agrees to permit Grigonis and his agents to enter upon the
land described in Schedule A for the sole purpose of removing topsoil from the
Property. Grigonis agrees to leave a 20 foot strip of topsoil along each property
border to allow the Town to install new screen planting, to protect the existing
roadway and to protect the integrity of any future landscaping installed by the
Town as shown in the attached Schedule B.
All topsoil shall be removed on or before November 1, 2012 and upon said date
this Agreement and the authorization granted herein shall terminate. Forty-eight
hours prior to the commencement of topsoil removal, Grigonis will notify the
Office of the Town Engineer (James Richter 765-1560) of his intent to enter upon
the property.
Grigonis, his agents, employees, and contractors hereby agree to indemnify,
defend and hold harmless the Town, its agents, servants and employees, from
and against all suits, claims, demand or actions for any injury to person or
property sustained or alleged to be sustained by any party or parties in
connection with the removal of topsoil from the Property.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
STATE OF NEW YORK)
) SS.:
COUNTY OF SUFFOLK)
TOWN OF~LJTHOLD
Sco~(A. Rus~-(~II, Supervisor
Robert Grigohl~ /
On this/3~day of,A~t-~mi~' in the year 2012, 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
STATE OF NEW YORK) LAUREN M. STANDISH
Notary ~blic, State of New York
) SS.: No. 01ST6164008
Qualified in Suffolk County
COUNTY OF SUFFOLK) Commission Expires Apdl 9, ~0~'
On this & day of ~z~_:, in the year 2012, before me personally appeared
ROBERT GRIGONIS, know~l 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. (~N~ota~/p u~.b~
SCHEDULE A
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being at the Hamlet of Southold, Town of Southold
County of Suffolk, State of New York, bound and designated as follows:
BEGINNING at a point on the westerly side of Youngs Avenue (f/k/a Railroad Avenue
distant 70.00 feet southerly from the intersection of the southeasterly side of the Old
North Road with the westerly side of Youngs Avenue (f/k/a Railroad Avenue);
RUNNING THENCE along the westerly side of Youngs Avenue South 15 degrees 15
minutes 00 seconds East 148.53 feet to a point;
THENCE South 65 degrees 31 minutes 20 seconds West 303.64 feet to a point on the
southeasterly side of the Old North Road;
THENCE along the southeasterly side of the Old North Road, North 33 degrees 01
minutes 50 seconds East 303.64 feet to land now or formerly of the Town of Southold;
THENCE along land now or formerly of the Town of Southold, North 74 degrees 45
minutes 00 seconds East 78.51 feet to the point or place of BEGINNING.
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