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HomeMy WebLinkAboutGOOSE CREEK BRIDGE-EASEMENT TPIIS I1NDENTUR~ made t~his 6th day of June, 19S~, between the SOUTHOLD TO~&'~- BOARD OF TO~IN TRUSTEES, acting by and Alvah B. ~oldsmith, CD~lrman of ~he Board of To~ Trustees, hereinafter r~ferred lo ~s l~ G~an~or, and the ~EPART~ENT OF PUBLIC W'ORKS THE COUNTY OF ~FFOLK, of Yaphank, New York, herei~f~er referred amended, and lhe provisions of an o~dinance en~i~lsd ~'Soulhold Town ance Re~ula~in~ ~he Placln~ of Obs~ruc~ion~ in and on Town %Valets and PubDac Lands~ and 2he Re~ova[ of Sand, ~ravel or oiher ~erials fro~ Lands ~nder To~ ~a~ers~, and in c~qsideration of ~he sum of One Dollmrs ($ lo 00 )~ lawful money of Uniied S~a~s of A~e~iea paid by the ~ran~ee lo ~he Qrantor, and In con- sideration of ~he !er~a, covenants and conditions hereinaf~er the Qrantor does hereby Eive and Er~nt unto the ~rantee, an easement to ~a~ers of ~ooss Creek and $oulhold Bay adjac~n~ to ~ayview Road a~ Souihotd, in the To~ of Soaihold, Suffolk County, New York, a~ ~he moth of the said Goos~ Creek, said ease~en! area bein~ 108 feel 8 inches in tenth from eas~ to weal and S~ feel in width from north ~o $oalh, ~he same bein~ ~ranted for lhe parpos~ of reconstructinE a highway brid~e over wa~ers of ~oose Creek, all in ~ccordance with plans and specificaiions filed with lhe Grantor entitled :~Proposed Brid~e R~construc~ion Across Goos~ Crmek a~ Son,hold, Suffolk Counly, ~ew York~ prepared by ~he Commissioner of lhe De~enl of ~ub!ic V;;o~kS of the County of Suffolk, S~a~e of New York, daled February 2, 1968~ consisiin~ of two shee~s. The w-i~n ~rani of ease~en~ is ~ade and accepted upon and subject ~o ~he follow~$ ~er~s, covenants and con~'~ions, which ter~s~ covenanis and conditions s~mli He binding upon and inure to the benefit of the pa~tieS hereto and ~hei~ ~espec~ive s~cces~o~s an~ ass~, ~o 1. T~8 ease~e~ affects only the ~J~h~, ~i~Ie and in~e~es~ of ~he under ~ater, .and ~he ~e~ ~land unde~ wa~e~'~ includes fll~ed ~nd formerly ~. The ~td bridge shall be constructed, maincained mhd spec~icalions hereinabove ~eniioned and filed wilh ihs Orantor in ~iih the app~ca~ion fo~ ~his 3. The sai~ bri~ shall be kepi in a safe and s~ronM mimic of r~pai~ ~r ek~ and ~he Qran~ee, for i~se~ i~s successors and ass~ns~ be done in such a ~anner as not io u~ecessa~ily in~erfere wi~h ~he free ~¥i~a~ion in~o and o~ of safd~oose Creek. 5. The iiI~e of ~he Town of $outho~d and/or ~he Town B~rd of T~,~ Tr~$~ees of ~he To~n of Sou~ho~d in and to land ~der ~ater shall no{ be diminished o~ affected by a~y accretion, accumulation or addition of soil, si!~, ~ravet or $~one ~O any par~ of ~he up~ud occu~rinf solely or accretion, accu~Iali~u or addition lo any such up~and s~ll be ihs prope~y of Ihs To~n of 8ou~hotd and~or the ?own Board of Town Trustees of ihs Town sha~l pay uti da~es ~ch ~ay occur or arise ~o ~he Town of and/or the Town Board of Tow-n Trustees of the Town of Southold, and shall save the Town of 8outho!d and/or the Town Board of Town Trustees of lh~ Town of 8ou~hold harmless fro~ all claims for ~ages in consequence of ~he i~alta~ion, ~nten~nc~ and repair or re.oval of the structures and work con~e~pla~ed under ibis ~ran~ of ease~enl, o~ by reason of any work done or authorized under ~his ~rant of ease~en~ and ~ its o%~ e~e~e shall defend alt suits brou~h~ on accoun~ ~h~reof. 7~ The right and easy.eh! hereby sranted $~l~ noi be assigned o~ ~rsnsferred ~i~o~ prior written consenl of lh~ Tow~ Board of To~ Trusises of ~he Town of $ou~hotd~ eEecuted, in iis na~e and on its behalf~ by ~he Chairman of ~he To~n Board of ~own Trustees of ~he To~ of ~ulhotd, and ~he seal of ihe ~r~nIor ~o be ~reun~ alY~xed~ ~he ~y and year firs~ above written. TOWN BOARD OF TOWN TRUSTEES OF THE T©WN OF SOUTi~OLD A!vah B. Goldsmith, Chairman ST_ATE OF ~?EW YOt~K ~ COUNTY OF SUFFOLK) S, O~ this ~ ~ day of June, i S58~ befo~-e me perso~lly came AL~JA~ ~. GO~$~ITH~ ~uown ~o ~e. who, being by ~e duly sw'~rn~ did th~ he is th~: CF~ir~n of the To~n Board of To~ Tr~s~es of the Town of $ou~old~ %hat he ~o~s ~he corporate seat of lhe said To~a~n ~f $outho!d; of ~he To%%'n of 8ou~hold~ and ~ha~ ~ si~ed his n~me ~here~o as Chairman by lik~ order. .~o~a ~'y Pablic NOTARY pUBLIC, Stat~ cf NeW ~{o. 52-3233120 Suffolk County_ %erin Expires ~.arc~ 30~ -4- LOCATION MAI;" ~CALE oF FEET o N N .I I \ Pr p s 4' B~:d~¢ \ J 1 I dE~/stm9 gr dge ~ J I TYP. J PLANt BOARD DF TOWN TRUSTEES TOWN OF SOUTHOLD SUFFOLK I~0 U N?Y N~'W YORK RESOLUTION Southold Town Trusttes - Meeting of June 6, Town Clerk Office - 1:30 P.M. 1966 Application for the proposed reconstruction of Goose Creek Bridge was received from the Comm- issioner of Public Works, R. M. Kammerer. The Southol~ Town Trustees agreed unanimously upon an easement to the Department of Public Works for this project. Mr. Tasker, Town Attorney, will prepare said easement. SI~IIT/~I, TASKER, ~Ii%/I~ELSTEIA7 AND LIII~Dt~ERG ATTORNEY'S AND COUNSELORS AT ~W June 23, 1966 Mrs. Marian Regent, Secretary Board of Trustees of the Town of Southold Main Road Southold, New York Re: Easement for Reconstruction of Goose Creek Bridge Dear Mrs. Regent: Enclosed herewith is a proposed easement agreement to be granted by the Trustees to the Department of Public Works of the County of Suffolk for the reconstruction of Goose Creek Bridge. The easement agreement should be executed by Alvah B. Goldsmith, Chairman of the Board. I am returning to you herewith the papers with respect to this matter which you sent me. Yours very truly, ROBERT W. TASKER RWT: JM Enclosures [.ESTER C. ECKART DEI=U'FY COMMISSIONER COUNTY OF SUFFOLK DEPARTMENT OF PUBLIC WORKS R. M. KAIN~MERER, COMMISSIONER YAFHANK, NEW YORK, II980 ~ay 6~ 1966 TEL. YAPHANK 4-3451 - 3452 WILLIAM S. MATSUNAyE, JR. CHIEF ENGINEER ~r~. Alva Goldsmith, Chairman Board of Trustees ~iain Road Southold, New York Dear Mr. Goldsmith: Re: Proposed Reconstruction of Go0~,~ Creek .Brid~¢ .... We are enclosing a copy of letter of applica- tion to the U. S. Army Corps of Bngineers for a permit to reconstruct Goose Creek Bridge across Goose Creek at SouthOld in the ToWn Of Southoldand one print each of Sheets i and 2 showing the proposed reconstruction. We are also enclosing a copy of New York State Water Resources Com~ission letter dated April 20, 1966 and a copy of Suffolk County Department of Public Works letter dated kpril 25, 1966. The New York State Water Resources Commission has indicated that the proposed reconstruction will occupy State-owned land underwater for which an ease- ment will be required from the State Office of General Services. We are of the opinion that the land, including the land underwater, to be occupied by the proposed reconstruction is owned by the TownTrustees of the Town of SOuthold and therefore, we request that the Town Trustees grant to the County of Suffolk easement to construct the proposed bridge in, on or over the lands of the Town Trustees of the Town of Southoid as sho~rn on the enclosed plans. Bncl. R% Hj Kammerer / /~-- Com~aissioner of Public }~orks R. M. KAMMERER COMMISSIONER OF PUBLIC WORKS SUFFOLK COUNTY YAPHANK, N. Y. 11980 YOrk 3, Ne~ Yox~k 10~3 -TAT~ O F N ~ W CONSERVATION DEPARTMENT, ALBANY, NEW YORK plu~ ha1 ~h:c~e~LT Bu~e.~u, Ofiice ol ~r~eal Bervicea, 16,3 ~'aahin&r,o~ Average, Albaz~ ~ R. M. KAMME.RER COMMISSIONER OF PUBLIC WORK~ SUFFOLK COUNTY YAPHANK, N. Y. 11980 V~:uy tl'll].y yo~,.{]c~, ;Ji{ronoiogicaJ {:il{ Board of Trustees, Town of $outhol~], County of Suffolk, N. Y., Claimant ~ane 6, .I96~ ~ ~asemen~t agreement for the re=onstru=tion of Goose Creek