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Home My WebLink AboutGrant of Sewer EasementRESOLUTION 2015-570 ADOPTED DOC ID: 10945 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NQ. 2015-570 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NNE 16,2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Grant of Sewer Easement and all other necessary documents to effectuate same between the Fishers Island Union Free School District and the Town of Southold, acting for and on behalf of the Fishers Island Sewer District, for purposes of extending the Fishers Island Sewer Collection System, 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, Doherty, Evans, Russell CC #: C15-28550 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 07/16/2015 under Liber D00012824 and Page 079 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/16/2015 SUFFOLK COUNT/Y� CLERK �� oGcxzL Q: rva..c.�i JUDITH A. PASCALE SEAL t SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 07/16/2015 Number of Pages: 9 At: 09:44:53 AM Receipt Number : 15-0094215 TRANSFER TAX NUMBER: 14-30751 LIBER: D00012824 PAGE: 079 District: Section: Block: Lot: 1000 009.00 10.00 010.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County 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 $11.70 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $161.70 TRANSFER TAX NUMBER: 14-30751 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County i Number of pages I III 2 This document will be public record. Please remove all Social Security Numbers prior to recording. RECORbEi 2015 Jul 1-5 0`3:44:575 41 J D T T� 1 A. PnSCALE CLERK O SUFFOLK K fa"_tl NTY L DOOO12824 P iii,.:, D'i # 14-30 751 1 Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp . Recording / Filing Stamps 3 1 FEES Page/ Filing Fee 2960713 Real Property Handling 20. 00 T�-584 Agency 16-JUL-15 Verification 0- i ..o tation EA -5217 (County) EA -5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit--,� Certified Copy,.) NYS Surcharge 15. 00 Other 4 162. 77 2960713 Real Property P T S Tax Service R DHO A Agency 16-JUL-15 Verification Sub Total Sub Total a Grand Total w i. .oao 00900 .000 01000,0 I�I�I�II��ItlNI�N 6 z)atrsractrons/Discharges/Releases List Property Owners Mailing Address Pj/ ( a RECCORD& RETURN TO: �1 t Q. l G 6'Lt 7 1.;�) C,/"_F0,-,j,1,7 /� r / Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec. /Add. _ TOT. MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ C� Improved �'� Vacant Land TD 1 F., i' TD TD 7 1 Title Com Co. Name title # 8 Suffolk County Recording & Endorsement Page Information This page forms part of the attached (A y�S E .�j ( made by: (SPECIFY TYPE OF INSTRUMENT) ri , S•�1 i ' r�.�' �S�c� � J� The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO f' In the TOWN of ZW In the VILLAGE or HAMLET of�/ 3' / e4l 5" �S Xx'-17c� BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY.PRIOR TO RECORDING OR FILING. over GRANT OF SEWER EASEMENT THIS indenture made this 17th day of June, 2015, by and between the Fishers Island Union Free School District No. 4 with offices located at 78 Greenwood Road, #500, Fishers Island, New York (the "Grantor") and the Town of Southold acting for and on behalf of the Fishers Island Sewer District, with offices located at 53095 Main Road, . Southold, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing approximately 3.5 acres of land identified by Suffolk County Tax Map number 1000-9- 10-10; located on the corner of Winthrop Drive and Equestrian Avenue in the Hamlet of Fishers Island, Town of Southold, County of Suffolk, New York (hereinafter referred to as the "Subject Property'); and WHEREAS, the Grantee for purposes of extending the Fishers Island Sewer Collection System proposes to construct sewer main lines and sewer manholes on the subject property; and WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of the Subject Property as described in Schedule A attached hereto in order to accomplish the proposed extension of the sewer system; 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. The Grantor does hereby donate, grant, transfer and convey to the Grantee, a Sewer Easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon a portion of the Subject Property as more particularly described in 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 subject property at all reasonable times to construct sewer main lines and sewer manholes on the Subject Property for the extension of the Fishers Island Sewer District's Sewer Collection System as illustrated on Schedule B attached hereto. The easement area for the subsurface sewer main lines and manholes is limited to an area as indicated on Schedule B. - (b) 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 sewer main lines and manholes. (c) The right of Grantee to enter upon the Subject Property in perpetuity, at all reasonable times, to access the sewer features installed and constructed under the terms of this Easement for maintenance thereof. 3. The Grantor reserves the right to the use and enjoyment of the Subject - Property to the fullest extent possible without unreasonable interference to the Grantee in the exercise of the Grantee's rights granted herein. Grantee's acts shall not inhibit or interfere with Grantor's access to and/or use and occupancy of the Subject Premises other than on a temporary basis to construct and maintain the subject sewer main lines and manholes. 4. The Grantee further agrees to pay any and all reasonable costs associated with the construction, maintenance and/or operation of the Sewer Easement and shall be obligated to promptly restore the affected area of the Subject Property to the condition that existed prior to the construction including but not limited to restoration of any improvements, trees or other vegetation that is removed and/or cleared as part of the Grantee's installation work, unless otherwise agreed to by the Grantor in writing. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carryout the operations contemplated by this Easement, at its sole cost and expense. 6. This Easement and the rights and obligations 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 Subject Property. 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 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. 12. This Easement shall be interpreted, construed and enforced in accordance with and governed by the internal laws of the State of New York without reference to the principles of conflicts of laws. Each party hereby irrevocably consents to the exclusive jurisdiction of the courts of the Town of Southold, County of Suffolk State of New York and of the federal courts located in the Eastern District of New York for all purposes in connection with any action, suit or proceeding which arises out of or relates to this Easement. To the fullest extent it may effectively do so under applicable law, each party hereby irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection which it may now or hereafter have to the laying of the venue of any such action, suit or proceeding brought in any such court and any claim that any such action,,suit or proceeding brought in any such court has been brought in an inconvenient forum. -3- 13. This Easement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute but one and the same instrument and shall be binding upon each of the undersigned as fully and completely as if all had signed the same instrument. [No further text on this page. Signature page to follow.] IN WITNESS WHEREOF, the parties hereto have executed this Easement the day and year first above written. FISHERS ISLAND UNION FREE SCHOOL DISTRICT, ra ntnr M TOWN OF SOUTH LD, acting for and on behalf of the FISHERS ISLAN EWER DISTRICT, Grantee By: -- — ---- ----------- Scott AlRussell, Supervisor STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this <Mday of d, in the year 2015, before me personally appeared L 4a�:;wj 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 Me/she executed the same in Isis/her capacity and that by cher signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Nota ublic OY!-(e Y ' STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this ( day of _moi' in the year 2015, 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. MICHELLE L. TOMASZEWSK1 NOTARY PUBLIC -STATE OF NEW YORK No. 01 T0615667 1 Qualified In Suffolk County My Commission Expires November 27, 2018 -4- SCHEDULE A - LEGAL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being on Fishers Island, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the Southeasterly line of Winthrop Drive, said . point being located 722.93 feet North of a point which is 4557.70 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; Thence running South 15° 39'00" East 136.70 feet to a point; Thence South 620 21'00" West 216/8 feet to a point in the Southwesterly boundary of land of this Grantor; Thence North 230 46'00" West 20.05 feet along said boundary to a point; Thence North 620 21'00" East 199.22 feet to a point; Thence North 150 39'00" West 116.26 to a point in said Southeasterly line of Winthrop Drive; Thence North 620 21'00" East 20.45 feet along said Winthrop Drive to the point of beginning. Suffolk County Tax Map No.: District 1000, Section 009.00,' Block 10.00, Lot 0 10. 000 ter', SCHEDULE B A, ANA- -MIM V 40 mas -Y�v Cxa 000005 -"J 't AM a "U.Jill! OLLI rR 470 Nir A, ANA- -MIM V 40 mas -Y�v Cxa 000005 -"J 't AM a "U.Jill! OLLI rR 470 rj mw 1210 HIM I I'll -1 4 Lau I-Ap^ of "vq4,• v