HomeMy WebLinkAboutL 12777 P 744 11111111111 I I I I I I I I I 111111 I l i l l V I I 11111111111 I I I I1111
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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 $155.85
TRANSFER TAX NUMBER: 13-28772
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
r
RECORDED
Number o{pages / / 2014 Jun 18 09:50:31 AM
JUDITH A. PASCALE
CLERK; OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00012777
Social Security Numbers R 744
prior to recording.
DT# 13-28772
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee 7 `^,� Mortgage Amt,
1.Basic Tax
Handlin 20. 00
2. Additional Tax
P-584 Sub Total
Notation Spec./Assit.
or
EA-52 17(County) Sub Total
Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. �t,�� Dual Town Dual County _
Held for Appointment
Comm.of Ed. 5. 40 Transfer Tax
Afffidaavit06*0--i Mansion Tax
a Certified Copy g The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total
Other YES or NO
Grand Total If NO,see appropriate tax clause on
page# of this instrument.
ODf
4 est' 2743331 1000 14400 0400?)/001000 7� 5 1 Community Preservation Fund
Real Property PTs 111l�ll��l��l�ll����llll��ll�l���l CPF Tax Due Amount$ �,00Tax Service R LPA A
Agency 18-JUN-14
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address f
RECORD&RETURN TO: Vacant Land
( O(.�J✓12 TD
j p (� Tt 0%- lGr� /v/ t (77/ b7J7 TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/cierk
Title#
$ ltlllq-
Suffolk County Recording & Endorsement Pa e
This page forms part of the attacheda-1- ou n made
by: _ (SPECIFY TYPE OF INSTRUMEN
The premises herein is situated in
SUFFOLK COUNTY,NEW YORK. /
TO / In the TOWN of
In the VILLAGE
orHAMLET of_ Gli &c—K
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
GRANT OF DRAINAGE EASEMENT
THIS indenture made this Lday of oUxr,'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:
_I_
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-
I 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.
MATTITUCK PA ISTRI'�T�
y:
erard trbehringp(, Cha
:iii 'i (erson
TOWNOF UTHOW
By: ag-1�4A
Sco AARussell, Supervisor
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this 0Day of in the year 2013, before me personally
appeared
16-:,oe,AA�n to me or proved to me on the basis of satisfactory
6c-r-a4
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 e perso upon behalf of which
the individual acted, executed the instrument.
191114INNEGAN
Of" ublic, state of New York
No. 0IF16056707
Qualified in Suffolk C n
6.10 commission Expires March o2u
-4-
STATE OF NEW YORK)
) ss.*
COUNTY OF SUFFOLK)
On this Id Ck day of 1AkW , in the year 2013, before me personally appeared
Scoff 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.
cva'E'u /I -M
Notary Public
LAUREN FA STAMIDISH
IIOhq PWft 818te of Now Y**
NO.OISTO164008
ChIalffied In Suffolk cauft
comm"M E*m AprH 9.201S
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 comer of the Mattituck
Park District premises herein associated with the drainage casement 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.
zo
BAY AVENUE
89'97,40'E. 2 768-
ky Ave
f t 1
MATTITUCK `�
PARK DISTRICT
SCTM# 1000-144-04-01
5-111305 DT — s,ar 25'57 ,
JAMES CREEK
SCHEDULE "B" EXISTING BALL FIELD
PLANTING PLAN z
oq
r05.
(L
00
X
0 - co5
POINT OF S,13 4A. -4 ,
BEGINNING
C?
TfjALL
DRAIN INLET
DATUM:
TOP OF GRATE
ELEVATION 4'
C)
NEW TIMBER GUARD RML
TYPICAL AT EACH CORNER
UTILITY
POLE 0 0PROVIDE TOPSOIL & SEED
AT ALL SIDE SLOPES.
(6 13
NEW PLANTS AT 3' TO 6* ON CENTER.
SANDY BOTTOM AT 3' CONTOUR
RESOLUTION 2013-792
ADOPTED D& 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