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HomeMy WebLinkAboutL 8758 P 277 AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a municipal corporation with offices at (No ~) Main Road, Southold, Suffolk County, New York, hereinafter referred to as "THE TOWN", and RICHARD J. BABCOCK and FREDERICK F. RIMMLER, doing business as SOUTHOLD GARDENS, a co-partnership with offices at Box 1145, (No ~) Wells Avenue, Southold, New York, hereinafter referred to as "SOUTHOLD GARDENS". - WITNESS W~EREAS, SOUTHOLD GARDENS is the owner of property on the north side of Hill Road West, at Southold, in the Town of Southold, Suffolk County, New York, described as follows: Ail that certain plot, piece or parcel of land, with the buildihgs and ~i~rov~en~thereo~-erected, sitnate ,. .lying and being in the Town of Southold, at Southold, County of Suffolk and State of New York, being bounded and de- scribed as follows: ~ BEGIR%FiNG at a point c~ the northerly side of Hill Road West distant 200.00 feet easterly fr~u the corner marked by the intersection of the northeast 'side of-Wells Avenueand the northerly side of Hill Road West, said point of beginning also being the southeasterly corner of Lot #3 on Map of S~uthold 'Gardens,-filed in the Suffolk Colnty Clerk's Office ~q May 7, 1979 as Map 96812; frc~ said point of beginning, running along the northerly side of Hill Boad West:S~uth 88? 52~ _40" East .127.81 feet to the southwesterly side of Lot 92 on said r~ap; running thence along the westerly side of Lot 92 North 1° .~7'~--20" ...~-~t 150.00~ feet ;.. :running thence North. 88.° 52 ' .40" West 127.81 feet :along property now or formerly of Southold Gar~ to a point on the easterly ~side of.~Lot 93 on:said:filed map; running thence South 1° 07' 20" West ~ 1:~0.00 feet along the easterly side of Lot 93 to the point or place of beginning;. _cc~ning~:19,172 square feet. COUNTY WHEREAS, said premises are part of the open space area of the cluster subdivision known as "Map of southold Gardens", filed on May ~,2t9~9 in the office of the Suffolk County Clerk as Map ~o. 6812 WHEREAS, Hill P~)ad West is about to be dedicated to the TOWN, and WHEREAS, there is a drainage problem on Hill Road West, resulting in a collection of surface water on Hill Road West adjoining the above-described property.of SOUTHOLD GARDENS, and WHEREAS, 80UTHOLD GARDENS is willing to grant the TOWN a limited easement over the above-described prelaises to help solve the problem by the installation and maifitenance by the TOWN of surface water drainage facilities and connections for the collection of surface water on said premises. THEI~IFOItlg, in consideration of Ten and 00/100 ($10.00) Dollars and other good and valuable consideration paid by the TOWN to SOUTHOLD GARDENS, receipt of which is hereby aoknowledged, SOUTHOLD GARDENS grants and conveys to the TOWN forever, the right and easement to enter upon the above-described property of SOUTHOLD GARDENS for the purpose of installing and maintaining surface water drainage facilities within the above-described premises, to be connected to the catch basins in front of said area on Hill Road West, subject 1. All d~&inage facilities are to be completely underground, covere~ with top soil and graded to the natural contour of the land/at the expense of the TOWN, and . 2. The graded area shall be seeded with grass comparable to the grass on the remainder of the open space ~rea of SOUTHOLD GARDENS, at the expense of the TOWN. 3. The above work shall be completed on or before F.eb~uary.1;19B with the exception of final grading and seeding which will be completed in th', Spring of t980. ~. SOUTHoLD GARDENS agrees to mow said area and otherwise maintain the appearance of the ~rea. 5. The. TOWN shall be resp.onsible for all maintenance of the drainage facilities and connections to the Town drainage system. '~ 5.~ if' it' is necessary' f0~ the TOWN to enter upon th~ property to maintain, repair ana/or~replaee 's~id'facilities~ the TOWN w4'll promptly restore the area, including reseeding, to the condition that existed prior to any such entry. In the event that said maintenance,~repair and/or.replacement requires excavation of all or any part of said premises, the TOWN shall ,give prior written"n~tice't~er~6~f"to SOUTHOLD GARDENS at 'the place as may from time to time b~ d~signate~ ~by SOUTHOLD GARDENS. ~: '~': '~: - :~. In the event that the surface water runoff from Hill Road West results in standing water on the easement area, the TOWN agrees to take such steps as may be required to correct the condition. TO HAVE AND TO HOLD the said right and easement unto the TOWN, its successors and assigns, forever. IN WITNESS WHEREOF, the parties have placed their hands and seals on the date hereof. · OF SOUTHOLD GARDENS Richard J. Babcock STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the~-~day of~~R 1979, before me personally came ~e~ ~o/,~F to me known, who, being by me dul~f sworn, did depose and say that he resides at No. ~C,~w/'~ ~. ~A~-, ~/e~ ~ ; that he is the ~o~,~d'~o~ of TOWN OF SOUTHOLD the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h~'= name thereto by like order. JUDITH T, TERR~ Rotary Public, State of New Tedr No. 52*034,%963 Suffotk Cou~t~g~ STATE OF NEW YORK, COUNTY OF SUFFOLK ss: Commission Expires March30, ].giJ On the l0 day of July 1979, before me personally came RICHARD J. BABCOCK, a co-partner of SOUTHOLD GARDENS, a Co-Partnership, -to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same as a co-partner of SOUTHOLD GARDENS. Notary Public Nota~'Pubtlc, State Of Hew Yo~ t"~o. 52-4642871. WICKHAM~ WlCKHAM & BRE$SLER, ~,c. MAIN ROAG~ P.O. BOX 1424 MATT~TUCK LONG ISLAND NEW YORK I~gS~ January 21, 1980 Judith T. Terry, Town Clerk Town of Southold Town Hall Main Road Southold, New York 11971 Re: Town of Southold and Southold Gardens Dear Judy: Enclosed is a copy of the recorded easement agreement showing the recording information, for your records. Very truly yours, ~i~A. Wickham w/ng Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K $outhold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 January 7, 1980 Honorable Arthur J. Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Transmitted herewith for filing in your office is Easement Agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens.: Also enclosed is check in the amount of $19.00 to cover filing fee. Please note, the Town Seal has been affixed. Southold Gardens is a partnership and does not have a seal. Very truly yours, Judith T. Terry Enclosures JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (515) 765~1801 December 28; 1979 Honorable Arthur J. Felice Suffolk County Clerk Suffolk County Center Riverhead, New York 11901 Dear Mr. Felice: Enclosed herewith is Easement Agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens for ~filing in your office. Also enclosed is check in the amount of $19.00 to cover filing fee. Very truly yours, Judith T. Terry Town Clerk Enclosures (2) JUDITH T. TERRY TOWN C~ERK REGISTP~AR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 28, 1979 Abigail Wickham, Attorney Main Road Mattituck, New York 11952 Dear Ms. Wickham: Enclosed herewith is the easement agreement between the Town of Southold and Richard J. Babcock and Frederick F. Rimmler, doing business as Southold Gardens, and a check in the amount of $10.00 for said right and easement. Very truly yours, Judith T. Terry Town Clerk Enclosures (2) EY ROBERT W, TASKER Town Attorney Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 425 ~ GREENPORT, L.I., NEW YORK 11944 December 19, 1979 TELEPHONE (516) 477-1400 RECEIVED 01919 'T~w~ C~r~ Souttiolil Re: Dedication of Hill Road West Easement Agreement with Babcock and Rimmler Dear Judy: Since the Town has accepted dedication of Hill Road West, as soon as the dedication papers are completed, the original Dedication and Release should be sent to the County Clerk's Office for recording. With respect to the Easement Agreement between the Town and Babcock and Rimmler, the developers of Southold Gardens, it was agreed between Gall Wickham and myself that ail construction work relative to the drainage facilities will be complete by February 1, 1980 with the exception of the final grading and seeding which will be completed in the Spring of 1980. I have made these changes in the Easement Agree- ment and the Agreement in duplicate is enclosed herewith. I do not recall whether or not a resolution was adopted authorizing the Town to enter into the Easement Agreement. If so, the Agreement can be signed by the Supervisor, the corporate seal affixed and a copy sent to Gall Wickham and the original sent to the County Clerk for recording. On the other hand, if no resolution was adopted, such a resolution should be adopted at the December 2'lth meeting after which the Agreement can be signed by the 'llown. I am enclosing herewith a portion of the site plan of Southold Gardens which shows the drainage area. This can be sent to the Superintendent of Highways for his use in constructing the facilities. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures AGREEMENT made July 10th , 1979, between the TOWN OF SOUTHOLD, a municipal corporation with offices at (No ~) Main Road, Southold, Suffolk TOWN , and RICHARD J. BABCOCK County, New York, hereinafter referred to as "THE " and FREDERICK F. RIMMLER, doing business as SOUTHOLD GARDENS, a co-partnership with offices at Box 1145, (No ~) Wells Avenue, Southold, New York, hereinafter referred to as "SOUTHOLD GARDENS". WITNESS W~EREAS, SOUTHOLD GARDENS is the owner of property on the north side of Hill Road West, a~ Southold, in the Town of Southold, Suffolk County, New York, described as follows: All that certain plot, piece or parcel of land, with the bui!a~ngs ~]d improvements thereo~ erected, situate, lying and being in the Town of Southold, at Southold, ODunty of Suffolk and State of New York, being bounded 'and de- scribed as. follows: ~'a~-~EGIA~q/qG at a point c~ the northerly sid~ of ~ill Boad West distant 200.00 feet easterly fron the corner marked by the intersection of the northeast side of Wells Avenue and the northerly side of F~ll B~ad West, said point of beginning al~o being the southeasterly corner of Lot %3 on Map of Southold Gardens, filed in the Suffolk County Clerk's Office on May 7, 1979 as Map %6812; frcm said point of beginning, running along the northerly side of Hill l~oad West South 88° 52' 40" East 127.81 feet to tb~ southwesterly side of Lot %2 on said map; running thence along the westerly side of Lot %2 North 1° 07' 20" E~st 150.00 feet; running thence North 88° 52' 40" West 127.81 feet along l~roperty now or formerly of Southold Gardens to a point on the easterly side of Lot %3 on said filed map; running thence South 1° 07' 20" ~t 150.00 feet along the easterly side of Lot %3 to the point or place of beginning; containing 19,172 square feet. WHEREAS, said premises are part of the open space area of the cluster subdivision kno~aaas "Map of Southold Gardens", filed on May~,~'t9~9 in the office of the Suffolk County Clerk as Map No. 6812 , WHEREAS, Hill P~ad West is about to be dedicated to the TOWN, and WHEREAS, there is a drainage problem on Hill Road West, resulting in a collection of surface water on Hill Road West adjoining the above-described property of SOUTHOLD GARDENS, and WHEREAS, SOUTHOLD GARDENS is willing to grant the TOWN a limited easement over the above-described premises to help solve the problem by the installation and~intenance by the TOWN of surface water drainage facilities and connections for the collection of surface water on said premises. THEREFORE, in consideration of Ten and 00/100 ($10.00) Dollars and' other good and valuable consideration paid by the TOWN to SOUTHOLD GARDENS, receipt of which is hereby acknowledged, SOUTHOLD GARDENS grants and conveys to the TOWN forever, the right and easement to enter upon the above-described property of SOUTHOLD GARDENS for the purpose of installing and maintaining surface water drainage facilities within the above-described .premises, to b~ connected to the catch basins in front of said area on Hill Road West, subject to the following conditions~ 1. All drainage facilities are to be completely underground, covered with top soil and graded to the natural contour of the land, at the expense of the TOWN, and 2. The graded area shall be seeded with grass comparable to the grass on the remainder of the open space area of SOUTHOLD GARDENS, at the expense of the TOWN. 3. The above work shall be completed on or before Feb~ua~y.1;~1980, with the exception of final ~rading and seeding which will be completed in the Spring of 1980. ~. SOUTHOLD GARDENS agrees to mow said area and otherwise maintain the appearance of the area. 5. The TOWN shall be responsible for all maintenance of the drainage facilities and connections to the Town drainage system. 5. if it is necessary for the TOWN to'enter upon the property to maintain, repair and/or replace s&id facilities, the TOWN will promptly restore the area, .including reseeding, to the condition that existed prior to any such entry. In the event thatsaid maintenance, repair and/or replacement requires excavation of all or any part of said premises, the TOWN shall give prior written notice thereof to SOUTHOLD GARDENS at the place as may from time to time be designated by SOUTHOLD GARDENS. ~. In the event that the surface ~ater runoff from Hill Road West results in standing water on the easement area, the TOWN agrees to take such steps as may be required to correct the condition. TO HAVE AND TO HOLD the said right and easement unto the TOWN, its successors and assigns, forever. IN WITNESS WHEREOF, the parties have placed their hands and seals on the date hereof. TOWN zOF/;S6UT~OLD ~S/THOiD GARDENS ]~icha~d J. Babcock STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the~ ~ day of~c~ 1979, before me personally came ~-~ ~' to me known, who, being by me duly sworn, did depose and say that he resides at No. ~e~-~ ~ ~ ; that he is the ~.~/~ ~'~ of TOWN OF SOUTHOLD the corporatlon described in and which executed the foregoing instrtlment; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed hfs name thereto by like order. JUDITH T. TERRY Notary Public, State of New York No. 52-0344963 Suffolk County~ · STATE O~ NEW YORK~ COUNTY OF SUFFOLK SS: Commission Expires March $0~ On the l0 day of July 1979, before me personally came RICHARD J. BABCOCK, a co-partner of SOUTHOLD GARDENS, a Co-Partnership, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same as a c,~artner~ O~SOUT[{OLD GARDENS. ~ Notary Public A~I~I[ A. WlCKHAM NotaryPublic, State of New York No. 52-4642871 Qualified in Suffolk Courltv Term Expires March 30, 1 Nei o X ,66 Gs O��O • 25,0541F. rES LE .2 OPEN 'SPACE 5.305 AC. (/7/P) A(D Y�•Fi IJ 12885 �t< 3 ..39°00�20�E. 29,33/S.F. 4 23,2765.E HOUSE 1 � ,yI 1 ( B 5J 1� .00� 778.08 ((A63 NUE TEST HOLES rHEWATERSUPPLYANDSEWAGE D/SPV-- WI M ME STAND4RDS AND REQUIREMENT P t� ,,, '}v,.r. `, rp°i h a, t l V yw5 a.r'h 1/gyfs '�A v Y .. re R•a. .yh j .e A'T�4�� 1��^Wp' �t t: o a. 5 ri� iyr[� n .•�f •Y� . '4�� .F\ Tw / TV� �tiS n CY'i I _ S#AVC4 "/HEREBY CERT/FY mAr mis MAP mos AND rMrALL CONC EX/ST AND THEIR POS/r/ONS ARE CORREC DEMLS ARE CORRECT. ` 15,0 ----- DRDmvD IVAre#