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HomeMy WebLinkAboutDaley, Edward & Diane �® RESOLUTION 2013-586 ADOPTED DOC ID. 9000 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2013-586 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2013: 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 to effectuate same between Edward and Diane Daley and the Town of Southold, subject to the approval of the Town Attorney. "4?7� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Scott A. Russell SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell a 4 ' I II VIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIIIIIIIIIIIIIIIIIIIII RECEIVED SUFFOLK COUNTY CLERK RECORDS OFFICE Town Attorney's Office RECORDING PAGE Type of Instrument: EASEMENT Recorded: 10/02/2014 Number of Pages : 8 At: 11 :36:23 AM Receipt Number : 14-0130534 TRANSFER TAX NUMBER: 14-05964 LIBER: D00012790 PAGE : 865 District: Section: Block: Lot: 1000 059.00 06.00 017 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 .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 $5.20 NO RPT $60 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $150 .20 TRANSFER TAX NUMBER: 14-05964 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County oa RECORDED Number of pages 2014 Oct 02 11:316-27-1Ht9 JUDITH A. PAS ALE CLEFT; j+F This document will be public SUFFOLK COUNT'.,' record.Please remove all L D00012 9 F' c., = -' Social Security Numbers %:T# 14-05964prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 20. 00 - 1.Basic Tax 2. Additional Tax C Sub Total Notation Spec/Assit. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. }�0 Dual Town Dual County Held for Appointmen C f Ed. 5. 00 Transfer Tax _ + + Mansion Tax ertified Copy The property covered by this mortgage is or will be improved by a one or two c arge 15. 00 family dwelling only. Sub Total Other YES or NO Grand Total If NO, see appropriate to clause on page# oft ' i r m t 4O 2804823 1000 05900 0600 017000 Y/ . ,0(p0 5]Communilty Prese ation Fund IIIIiIIIIIIIIIIIIIIIIII�II�IIIlIIIIlllllll Real Consideration Amount $ + I' II ax T ' R LPA A Ac 4CT-1 CPF Tax Due $ (7 VOn Improved_ 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: acant Land lqQ r--I�;n D- TD o wr C4 VTD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11,901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached bra c7made fc-by' (SPECIFY TYPE OF INSTRUMEN V The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over L GRANT OF DRAINAGE EASEMENT THIS indenture made this R*day of & �ld* , 2013, by and between Edward and Diane DalV, 8265 Sound View Avenue, Southold, 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 .66 acres, more or less, of land identified by Suffolk County Tax Map #1000-59-6-17; located on the northwestern side of Sound View Avenue 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 certain drainage features to provide drainage for road runoff from Sound View Avenue; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as depicted on the site plan 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 a portion of the premises 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 culvert and/or piping on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Sound View Avenue. This area is within the unused right-of-way on Grantor's southwesterly property line depicted on Schedule A from Sound View Avenue to Great Pond. The easement area for the subsurface culvert and/or piping is limited to an area that is 12.5 feet in width from the Grantor's southwesterly property line. (ii) To perform such grading, excavation and the installation of such facilities as shall be required for the construction, operation, repair, replacement and maintenance of said culvert and/or piping for the collection of road runoff waters. The Grantee shall perform all excavation by hand and shall leave existing vegetation in place to the greatest extent practicable. (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 the 12.5 foot area measured from Grantor's southwesterly property line. 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. Grantee's acts shall not inhibit -2- any access other than on a temporary basis to install and replace the culvert and/or pipes. 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. 4. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this Easement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 5. 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. 6. This Easement 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 Drainage 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. -3- 11. 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 Drainage Easement the day and year first above written. 4A Edward Dalitl Diane Dal I0 TOWN OF S THOLD By: S ttA. Russell, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this 9 day of%GUS , in the year 2013, before me personally appeared Edward DaVknown 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. i Notary P lic THOMAS P.JAFFA STATE OF NEW YORK) !►P+N.48MM ork ss.: Tern HiedIn s July 7,ZOp� COUNTY OF SUFFOLK) On this qday of Po6US7— , in the year 2013, before me personally appeared Diane Dalf/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 she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary P blic THOMA&P JAFFA �bfary C'-%la of New York _4_ Qual'fled n NaS�Cou Term Explres July 7,�0 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this t day of 6Wm W, 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. rya 1 l l�/► "n'117Xa1� Notary Public LMJREM M.STAMC M pfak,Soto of NwrV" jVMSuifoMc -5- N/F �O EDWARD & ��� I DIANE DALEY t NEW (6"Diameter)DRAIN OVERFLOW PIPE FRAME Ooh.' New Pipe To be Hand Excavated between HOUSE existing vegetation to prevent damage to W existing plants&trees wherever possible. Provide Natural Stone at Pipe End Section ay 'z, to help prevent Erosion, Ong E`Of`oa roe Lii fcxi�oX�a'°'i � C S.4z 42'20"E. EASEMENT �— ''' I EXISTING DRAINAGE Z � ARE 0 _-- _— tin-Drivewa INLET STRUCTURE IN APPROXIMATE LOCATION TOWN Right-of-Way. 0 - Timber Refalnlrg Wall __ Deck 44.5' o 'Pp Y FRAME y` I HOUSE lr L r ' �o N/ F o z rT N 10 ROSEMARY J. SCHNEIDER 300.00' N.4T 42'20"W. N/ F W J BRIDGET CLARK S. � O d � o a a DRAINAGE EASEMENT S ITE PLAN I NOTE: This Site Plan was taken from SCALE: V= 50.0' a Survey prepared by the Office of Anthony W.Lewandowski,L S Dated:March 19,1996 SCHEDULE A — LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northwesterly side of Sound View Avenue at the southeasterly corner of the premises herein described and which point of beginning is distant 196.5 feet southwesterly as measured along the northwesterly side of Sound View Avenue from the westerly boundary line of land now or formerly of John Charnews on a courses running south 42 degrees 14 minutes 10 seconds West; RUNNING THENCE along the northwesterly line of Sound View Avenue, South 42 degrees 14 minutes 10 seconds West, a distance of 100 feet to the northeasterly line of land now or formerly of John Schneider and Rosemary J. Schneider; RUNNING THENCE North 42 degrees 42 minutes 20 seconds West a distance of 305.37 feet to Great Pond; RUNNING THENCE along Great Pond North 30 degrees 50 minutes 47 seconds East, a distance of 103.86 feet to land now or formerly of Currie; RUNNING THENCE along land now or formerly of Currie, South 42 degrees 42 minutes 20 seconds East, a distance of 325.96 feet to the northwesterly side of Sound View Avenue at the point or place of BEGINNING. Suffolk County Tax Map No.: District 1000, Section 059.00, Block 06.00, p/o Lot 017.000