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HomeMy WebLinkAboutBay Avenue Bio-Retention Project RESOLUTION 2013-792 ADOPTED DOC ID: 9195 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-792 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 6, 2013: 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 between the Town of Southold and the Mattituck Park District in connection with the Bay Avenue Bio-Retention Project, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell i' ,Ile: •P fi r I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII II II III I 111111 VIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 06/18/2014 Number of Pages: 9 At: 09:50 : 31 AM Receipt Number : 14-0079148 TRANSFER TAX NUMBER: 13-28772 LIBER: D00012777 PAGE : 744 District: Section: Block: Lot: 1000 144 .00 04 .00 001 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45. 00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15 .00 NO TP-584 $5. 00 NO Notation $0 .00 NO Cert.Copies $5 . 85 NO RPT $60 .00 NO Transfer tax $0 .00 NO Comm.Pres $0 .00 NO Fees Paid $155.85 TRANSFER TAX NUMBER: 13-28772 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F2] RECORDED Number of pages :'!--[14 Jun lo. 09:5-0:311 AM _UDiTH A. F'ASCALE G LERt:: _!E This document will be public cuc-r!L !_!1 }ta T;F record.Please remove all L ''�!+!+{�� f :_--- Social Security Numbers P. 7444 <<T# 1__ ;? prior to recording. 72 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee _ Mortgage Amt. H andl* 20. 00 1.Basic Tax 2. Additional Tax 1 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total_ ` Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. _ Dual Town Dual County ` Held for Appointment Comm.of Ed. 5. 00 Transfer Tax �Affidavit !a,, + Mansion Tax ertified Copy '�-� The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 i~ g family dwelling only. Sub Total Other YES or NO Grand Total If NO, see appropriate tax clause on page# of this instrument. - I 4 }�07 2743331 1000 14400 0400 001000 5 Comm unity Preservation Fund Real Property o � p T S Consideration Amount $ 0, dy �PA � IIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIII Agency1111111 Verification 18-JUN-14 PF Tax Due $ ___.. 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: '�- Vacant Land l 6_T7�it b. jq46'l�-jA�?j ( 7� TD 0 l�r� �-S 0 � ti 0 �CE j ( TD � 1� lC4 /0Y S � � TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title C mpany Information 310 Center Drive, Riverhead, NY 11901 n Co.Name www.suffolkcountyny.gov/clerk y.gov/clerk Title# WIA 8 Suffolk County Recording & Endorsement Page This page forms part of the attached a-YA+ ou/Lct` E'0e 5 made by: (SPECIFY TYPE OF INSTRUMEN The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of t A '0(d In the VILLAGE or HAMLET of GI; 4-4 �(a BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. e over GRANT OF DRAINAGE EASEMENT THIS indenture made this la day of OUQ-Ot�2013, by and between the Mattituck Park District, with offices located at 11280 Peconic Bay Blvd., Mattituck, Suffolk County, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its offices 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 4.2 acres, more or less, of land identified by Suffolk County Tax Map number 1000-144-4-1; located on the eastern side of Bay Avenue in the Hamlet of Mattituck, Town of Southold, Suffolk County, New York; and WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair certain drainage features to provide drainage for road runoff from Bay Avenue; and WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described and depicted on 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: -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 and depicted on Schedule A. 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain a vegetated drainage swale on the premises in the area noted as "Easement Area" on Schedule A and to repair, replace or remove same as needed for the effective drainage of road runoff from Bay Avenue. The Easement Area for the vegetated drainage swale is limited to an area that is ±4,650 sq. ft. as indicated on Schedule A. (ii) The vegetated drainage swale contemplated will be in substantial conformance with Schedule B, and is subject to review and approval of the County of Suffolk Soil &Water Conservation District. (iii) To perform such grading, excavation and any other work that is required for the operation, repair, replacement and maintenance of the vegetated drainage swale. (b) The right of Grantee to enter upon the premises (i) On a temporary basis limited to a maximum of one year from the date of this Easement, to utilize the area noted as "Temporary Easement Area" on Schedule A as a work area to store equipment and material during the construction of the drainage swale. The Temporary Easement Area is limited to an area that is ±8,923 sq. ft. as indicated on Schedule A. -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 install the vegetated drainage swale. 4. Grantee further agrees and shall be obligated to restore the Temporary Easement Area to the condition existing prior to Grantee's use of the Temporary Easement Area. 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 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. This easement with respect to the Easement Area shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement shall cease by operation of law or otherwise. The -3- Easement with respect to the Temporary Easement Area shall expire one year from the date hereof. 12. Notwithstanding the foregoing, in the event that the Grantee fails to maintain the Easement Area at any time as required pursuant to Paragraph 2(a)(i) hereinabove, then the Grantor shall serve the Grantee a written notice of default by certified mail providing the Grantee thirty days to cure the default and should the default not be cured within said period then the Grantor may either (i) take steps to cure the default in which case the Grantee shall be obligated to reimburse the Grantor for such expense; or (ii) take steps to terminate the Easement in which case the Grantee agrees to fully cooperate in facilitating and executing any and all documentation necessary for such termination. IN WITNESS WHEREOF, the parties hereto have execut reement the day and year first above written. MA,TTITUCK PA IST T Y: erard oehring , Chai erson TOWN OF LITHO By: ScotYA. Russell, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this ay of6ZL—, in the year 2013, before me personally appeared 61 n 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/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual a perso upon behalf of which the individual acted, executed the instrument. aW1PINNEGAN ry ublic, State of New York o- 01F105607 oual Pied in Suffolkcounty Commission Expires March 26,20 S -4- STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this la*day of h QMkr , in the year 2013, 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. /') -M sJog4Qh Notary Public MMEN K STANDn" IN"PUSTisft Of 16W Yo* 08 awmw M 8 ftk Count' Commission E*MM A"p.got$ ti t lee `r -5- SCHEDULE A DRAINAGE EASEMENT BEGINNING at a point on the easterly side of Bay Avenue,said point being 329.3 feet more or less as measured from said point of beginning along the easterly line of Bay Avenue to the northwesterly corner of the Mattituck Park District premises herein associated with the drainage easement that is located adjoining land now or formerly of LHURS on the North,said point being 247.68 feet as measured along the easterly line of Bay Avenue from its intersection with the southerly line of Riley Avenue;from said point of beginning running thence along the easterly side of Bay Avenue,S.00° 37' 40" E. 70.00 feet to a point along the easterly side of Bay Avenue;thence into the property belonging to the Mattituck Park District,three courses and distances as follows: (1) N.73° 14' 20" E. 75.00 feet to a point; (2) N.06° 26' 24" W. 68.00 feet to a point; (3) S. 73° 14' 20" W. 65.00 feet to the point or place of beginning. mn E ......(a... .. \ \... l _.. .., _ �. __ _ _.... MC I- BAY AVENUE zo P....._.._......... � �•,,,.,,,_,,.,.�—480.3' . .__ ..... �. 9g ''� 8500' 70.00' .- ..»... m-............. .... .._A ..y/ S 0 0 3740 E 2 T 68' .,..,.,. 3293' �il"KA6 , f V ', i _ _ N 4`YA i j y li i' MATTITUCK 1 "I PARK DISTRICT SCTM# 1000-144-04-01 , a iI i I i ` , lj l i � p p 02° ..,..,'........... JAMES CREEK SCHEDULE "B" 3 EXISTING BALL FIELD 0 PLANTING PLAN ZZ J o W g5.0�, 0o 0 0 a co ,W 5 co POINT OF �' S�3° �4,2� 4 BEGINNING 3 r- 1 OUTFIALL DRAIN INLET— DATUM: _ --- TOP OF GRATE --1_ ELEVATION 4' EXISTING \I 04 W 1 N 1 cfl 1 O W Z W O I � J 75 OO, NEW TIMBER GUARD RAIL M 4 TYPICAL AT EACH CORNER UTILITY o 5 POLE 0O PROVIDE TOPSOIL & SEED AT ALL SIDE SLOPES. M N i NEW PLANTS AT 3' TO 6' ON CENTER. I-�-1 SANDY BOTTOM AT 3' CONTOUR.