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HomeMy WebLinkAboutLIPARESOLUTION 2015-209 ADOPTED DOC ID: 10587 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-209 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24,2015: RESOLVED that the Town Board of the Town of Southold hereby amends Resolution No. 2015-136, adopted by the Town Board on January 20, 2015, to read as follows: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Utility Easement, and any other documents necessary, between the Town of Southold and the Long Island Lighting Company d/b/a LIPA regarding the installation of a new utility pole and underground wiring, etc. for service at the Highway/DPW Yard located in Peconic, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Evans, Russell ABSENT: Jill Doherty ELECTRIC EASEMENT THIS INDENTURE, made the day of 20 , by and between Town of Southold 275 Peconic Lane Peconic, NY 11958 (hereinafter referred to as "Grantor"), and LONG ISLAND LIGHTING COMPANY d/b/a LIPA ("LIPA"), a New York corporation, having its principal office at 333 Earl Ovington Blvd., Suite 403, Uniondale, New York 11553 (hereinafter referred to as "Grantee"). (Grantor and Grantee are collectively referred to herein as the "Parties".) WITNESSETH, that Grantor, in consideration of good and valuable consideration paid by Grantee, does hereby grant and release unto Grantee, its successors and assigns, forever, an easement and right-of-way on, over, under, across, through and along certain portions of the land of Grantor lying and being in Peconic, Town of Southold, County of Suffolk, State of New York, located in DISTRICT 1000, SECTION 075.00, BLOCK 05.00 and LOT 014.001 and shown on a map of said land entitled "Boundary Survey", (the "Property"). A copy of said map and/or legal written description, on which are now shown the location and width of the said easement and right-of-way herein granted (the "Easement Area"), is attached hereto and made a part hereof as "Exhibit A". Said easement and right-of-way herein granted include the following rights and privileges: FIRST: The permanent and perpetual easement, right, privilege and authority to construct, reconstruct, relocate, operate, repair, maintain and, at its pleasure, remove overhead, underground or grade level electric systems including but not limited to poles, cross -arms, guys, stubs, anchors, wires, switchgear, transformers together with the necessary manholes, conduits, appurtenances and accessories as said Grantee may now and from time to time deem necessary all within the Easement Area. SECOND: The right to attach to the electric lines installed or to be installed thereon other wires and appurtenant facilities for the purpose of providing electric service to Grantee's other consumers. THIRD: The right to trim, from time to time, any trees along said electric lines so that the lines and wires thereon may be clear by at least forty-eight (48) inches on either side. FOURTH: The right to permit the installation in the Easement Area of wires and facilities of public utility companies or others and to convey to such other companies an interest in the easement and right-of-way herein granted. FIFTH: The privilege of such access from the street over the balance of Grantor's property as is necessary for the enjoyment of the easement and right-of-way herein granted. SIXTH: Grantor agrees not to erect or maintain within the Easement Area any building, structure or physical obstruction of any kind, including trees and shrubbery, or permit the same to be so erected or maintained, except such as Grantee may specifically consent to in writing, which consent shall not be unreasonably withheld or delayed. SEVENTH: The poles, cross -arms, guys, anchors, cables, conduits, manholes, transformers, switchgear, vaults and other appurtenances, as from time to time installed, constructed and maintained by Grantee in the Easement Area shall at all times be and remain the property of Grantee, and be maintained and serviced exclusively by Grantee, its successors and/or assigns. EIGHTH: Grantor covenants that it is seized of the Property and, for itself, its successors and assigns, forever warrants its title thereto and will defend the easement and right-of-way herein granted, forever, against all lawful claims and demands. The easement and right-of-way herein granted are exclusive and shall be binding upon and inure to the benefit of the successors and assigns of the respective Parties hereto. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed the day and year first above written. Town of Southold Scott A. Russell Supervisor STATE OF NEW YORK) ss: COUNTY OF sip K On the /I day of �.bY�¢(1.-1 in�he year �.� before me, the undersigned, T personally appeared 0 personally known to me or proved to me on the basis of satisfactory evidence to be the individual (� whose nametvis (.awe) subscribed to the within instrument and acknowledged to me that heexecuted the same in his4.ha*44ha!r capacity (ioa), and that by his "r..a-r�� signatures (s� on the instrument, the individual (., or the person on behalf of which the individual( acted, executed the instrument. C% , . rCtVh Notary Signature Notary Stamp & Expiration Date: LAUREN M. STANDISH Notary Public, State of New York No. 01 ST6164008 Quslified in Suffolk County Commission Expires April 9, 2015 Description of Proposed Easement to PSEG All that certain plot, piece, or parcel of land, situate, lying and being in Southold, Town of Southold, County of Suffolk, State of New York and being a portion of property of the Town of Southold as shown on an Proposed Easement plan prepared by L.K. McLean Associates, P.C. and dated January 22, 2015. Said parcel being more particularly bounded and described as follows: Beginning at a point being the following two (2) courses and distances from the point of intersection between the southwesterly boundary line of Peconic Lane and the northwesterly boundary line of Main Street (S.R. 25): 1. South 35° 19'58" West, a distance of 184.45 feet to a point; thence 2. South 350 19' 48" West, a distance of 44.60 feet to the point or place of beginning. Thence, from said point of beginning South 350 19' 48" West, along said northwesterly boundary line of Main Street (S. R. 25), a distance of 10.00 feet to a point; Thence, through the said property of the Town of Southold the following three (3) courses and distances: 1. North 540 40' 12" West, a distance of 20.00 feet to a point; thence 2. North 350 19' 48" East, a distance of 10.00 feet to the point; thence 3. South 540 40' 12" East, a distance of 20.00 feet to the point or place of beginning. Said Easement Area being 200 square feet or 0.005 acre, more or less. And, also being a portion of Suffolk County Tax Map No. 1000-075.00-05.00-014.001. EASEMENT LEGAL WRITTEN DESCRIPTION " OMIBITAP 90000000 Z670 wo#--�-- 6-vo GRID # I©.�.PAGE._..L_OF P�� OF NEW C.D ��QETER✓ O,P * Q � D 050 �� F1)tAND Page 1 of 1 o co U.0 fVEl N/F d. c ^�VID LAFRENIERE zn v?to 2O cu �1co tY Z CU '� W O ' 1 v O O OC st N/F � t� ch DIRT/GRAVEL LIL EMILY ROSE CORP. V) WTER S 6.20'58" w z 41.16' 1 � ------' 1 �S 43.39'02" E 111.64 6' CNA AUW FEACE s�D/P%r�n Y i 2—Ah STY. MUSE BUS i VD. FR sTOP • .�- � DIRT/QPAVEL �O I M y 117ATG/f LiN� ,B C[AN:RETE PAVEMENT PROPOSED EASEMENT 777 PSEG FOR NEV UTILITY POLE AND GUY VIRE x— x—MyCRETEM=1SI8 (SEE DETAIL ABOVE) STOP 6' STcK'w `rwE N 43.30'52" V 208.32' 4' STK FE I 4 MAP OF PROPERTY OF THE TOWN OF SOUTHOLD LOCATED AT 275 PECOIVIC LANE SOUTHOLD, NEW YORK caNc. MOND FND 1 1 0 v •r N/F TOWN OF SDUTRXD 1 1 w S 54.40'12" 20.00 \ O O tun) N 54.40'12'. Z 20.00 n N DETAIL I°=20' 1 H Q N/F JILL AUM EASEMENT- MAP/SURVEY 'EXHIBIT N' Al$� 900_000_0.�._1 wo_-Z& __. 836-370 LEGEND - GRID # 160 - 6 1 PAGEOF ALL 7h AND a STATE TOWN PREPAA 2015. DESCRA BMNN DISTAM SOUTMV NOR7771 THENCE ALONG 25), A DI THENCE THE FOL 1.A 7 2.A F I5 F S 45.53'12" —r- DIRT In 4-7-0 H Lii✓E. A. —A NOTES LOCATION SKETCH NO SCALE 1. MEASUREMENTS ARE IN ACCORDANCE WITH U.S. STANDARDS. 2. BEARINGS SHOWN ARE IN THE NEW YORK STATE PLANE COORDINATE SYSTEM, NAD83 (2011), LONG ISLAND ZONE. VERTICAL DATUM IS REFERENCED TO NAVD88 (GEOID12A) THROUGH RTK GPS. 3. PROPERTY LINE WAS COMPILED FROM A MAP ENTITLED "SURVEY OF PROPERTY AT SOUTHOLD" MADE BY PECONIC SURVEYORS, P.C. AND DATED FEBRUARY 27, 1988, AND ADJOINING DEED INFORMATION. 4. PROPERY SUBJECT TO RELATED EASEMENTS CONCERNING A LEASE TO NEW YORK SMSA LIMITED PARTNERSHIP, d/b/a BELL ATLANTIC MOBILE PER LIBER 12003 OF DEEDS AT PAGE 459. 5. UNAUTHORIZED ALTERATION OR ADDITION TO A SURVEY MAP BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF SECTION 7209, SUBDIVISION 2, OF THE NEW YORK STATE EDUCATION LAW. 6. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED WITH AN ORIGINAL OF THE LAND SURVEYOR'S "EMBOSSED" OR "INKED" SEAL SHALL BE CONSIDERED TO BE VALID TRUE COPIES. 7. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. SAID CERTIFICATIONS SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. 8. RIGHTS-OF-WAY NOT SHOWN ARE NOT CERTIFIED. EASEMENT- MAP/SURVEY 9. THE SURVEY CLOSES MATHEMATICALLY. /V"EXHIBITA" 90600000 z&'70 w0#.._._._ 836-370 LEGEND • sEr- -s'1fE^T" 3 8� ►{ GRID # r 1 pAGE,L____OF- DATE BY DESCRIPTION APPROV. BY REVISIONS Town of Southold Suffolk County, New York Town of Southold Highway Yard Southold, New York Proposed Easement to PSEG of NEW ODT Ef?�Fo� L. K. McLEAN ASSOCIATES, P.C. o ...... p * CONSULTING ENGINEERS & LAND SURVEYORS 437 SO. COUNTRY ROAD, BROOKHAVEN, NEW YORK �0 {"050(34b � Designed By: TLS Scale: 1"= 50' Sheet No. AND SDrawn By: JL/PL Date: 1/23/2015 1 Approved By: DPJ File No. 13108.000 1 D I;- --FENCE . T10 w .rc w /7, A -7V# 41n,�F 1 N/F EUGENE GRIMES AND MARY ELLEN GRIMES 1 1 1 1 N/F 1 CHARLES SLAMA, TRUSTEE 1 3 OF THE CHARLES SLAMA REVOCABLE TRUST AGREEMENT to cis 1 U) 1 C7 1 I 1 N/F BERRY & BERRY, LLC 1 1 1 1 S 50'13'02" E 205,00' _ - --� ASPHALT PAVEMENT i r � \ ®RIM=14,69 ]—STY. VA FR r G4& �CUUMS STAIRWAY CONC. PAD WITH A/C UNITS SATEL L DISH X0i a m a� .--- -w _ x x--. 'LINK FENCE z x x a{--- x -- z. x — .... - GI E&*W- MM/ SURM '1001ww Al 10 D00 000 26 70 wo# -=6-370 LEGEND • SES" 3 8c GRID # 10_�� PAGE11 -Mem OF SUFFOLK COUNTY REAL PROPERTY TAX MAP NO.: DISTRICT 1000 SECTION 075.00 BLOCK 05.00 LOT 014.001 1—STY. BLDC:K AM DO NOT-' ENTER 1 1 • vrr 6 S � ® RIM=1 61 ASPHALT PAVEMENT R1M=1 � 1 1 N/F IPHYLLIS CATALANO I hereby certify that this map was made from an actual survey compleW by me on 11/12/2013. DANIEL'P. JEDLICKA,(P.L. NYSPLS No. 50098