HomeMy WebLinkAboutSchneider, Rosemary J RESOLUTION 2013-585
ADOPTED DOC ID: 8999
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2013-585 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 Rosemary J. Schneider and the Town of Southold, subject
to the approval of the Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER:Louisa P. Evans,Justice
AYES: Dinizio Jr, Ruland,Doherty, Talbot, Evans, Russell
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11111111 IN 11111111111111111111111111111111111 IN 1111
RECEIVED
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Town Attorney's Office
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 10/02/2014
Number of Pages: 7 At: 11 :36:23 AM
Receipt Number : 14-0130534
TRANSFER TAX NUMBER: 14-05965 LIBER: D00012790
PAGE : 866
District: Section: Block: Lot:
1000 059 .00 06. 00 016.000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35 .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 $145.20
TRANSFER TAX NUMBER: 14-05965
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
[1]7
RECORDED
Numb'rr of pages =14 Oct i+ 11:36:27-1 HPt
.JUDITH N. PH=CNLE
CLERK OF
This document will be public SUFFOD.-' COUNT4'
record.Please remove all L DOOO1279O
F' _err:
Social Security Numbers t;T# Eb6 t.
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
Handlin 1.Basic Tax 20. 00 -
2. Additional Tax
-584 Sub Total
No ion Spec./Assit.
or
EA-5217(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. 6n V Dual Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
davit • + Mansion Tax
— The property covered by this mortgage is
Certified Co or will be improved by a one or two
N charge 15. 00 family dwelling only.
Sub Total YES or NO
Other
Grand Total If NO, s e appropriate tax clau e o
pa this' t
2804824 1000 05900 0600 016000 :016 ODD 5 Co � u ityPreservati nFund
T; R LPA Illlllllllllllllllllllln Consideration Amount $�_
IIIIIIIINIIINIIIII
02-O
V CT-1 CPF Tax Due $
F t improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Lan
GL(r Z7 YI D. i7et01 e- a 17� �S TD
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Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
VA".suffolkcountyny.gov/clerk
Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached f r made
by. / / (SPECIFY TYPE OF INSTRUMEN
Y �G f7 P-1 r l Ae- The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
/1 TO / In the TOWN of ! SQ 1A i- 1 0
In the VILLAGE
or HAMLET of n C (7
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
GRANT OF DRAINAGE EASEMENT
JL
THIS indenture made this g day of S 2013, by and between
Rosemary J. Schneider, 8095 Sound View Aven e, 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 #1000-59-6-16;
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:
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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 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 northeasterly 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
northeasterly 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
northeasterly 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
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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.
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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.
0
Rosemary J(Ddfi0eider
TOWN OF S THOLD
By:
Scott A. Russell, Supervisor
DEM ALFJO
STATE OF NEW YORK) NOTARY MJBM STAIN OF NEW YORK
ss.: R%W#Ww a 01AU1*M
COUNTY OF SUFFOLK) ��PkNMac
2014
On this ��day of Q1-19ub} , in the year 2013, before meersonall
p Y
appeared Rosemary J. Schneider, 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.
okx.r,a
V7�
Notary Public
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On this ion day ofthe 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.
Notary Public
lALWM K ITANDISH
8hft��i1o01>;TS1de100S 1e&
-4- b�M�Ndo�ia�Ntls llprN 16 kM
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,
distant 296.50 feet southwesterly as measured along the northwesterly side of
Sound View Avenue from the westerly side of land now or formerly of Charnews;
RUNNING THENCE South 42 degrees 14 minutes 10 seconds West
along the northwesterly side of Sound View Avenue 100.00 feet to the land now
or formerly of W. Caldon;
THENCE North 42 degrees 42 minutes 20 seconds West along the
northeasterly side of said last mentioned land 300 feet to Great Pond;
THENCE North 52 degrees 21 minutes 10 seconds East along Great
Pond a tie line distance of 100 feet to land now or formerly of A.R. Anderson;
THENCE South 42 degrees 42 minutes 20 seconds East along said last
mentioned land 282.37 feet to the point or place of BEGINNING.
Suffolk County Tax Map No.: District 1000, Section 059.00, Block 06.00,
p/o Lot 016.000
N/F �°,�;
EDWARD& rY ,
DIANE DALEY
NEW (6"Diameter)DRAIN OVERFLOW PIPE Pe FRAME g'
New Pi To be Hand Excavated between
W
existing vegetation to prevent damage to
existing plants&trees wherever possible. ✓ :
Provide Natural Stone at Pipe End Section Z
to help prevent Erosion.
-------- — --------- -- ---- G
A
S.4f 4T 20-E. EASEMENT
RE ..,��...
EXISTING DRAINAGE
wra� INLET STRUCTURE IN
———————— — —————---—ev )MAIE wcAno� TOWN Right-of-Way.
0 g n.�..anwrlad
r Dock
I
I x FRAME
i I a HOUSE
=� 41:
N/F e z
ROSEMARY J. SCHNEIDER
wy O
200.00' vi
N.OT 12'ar W.
N/F
BRIDGET CLARK
8
6
DRAINAGE EASEMENT
SITE PLAN j
NOTE: This Sro.Plan was taken from SCALE: 1"= 50.0'
a Survey prepared by the OIRce of
Anthony W.Lewandowski,L S
Dated:March 19,1996