HomeMy WebLinkAboutL 7416 P 372 5�EF0L/��oG TOWN OF SOUTHOLD
Board of Assessors
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Main Road
Southold, New York 11971
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GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this 30th day of May, 1973, by and between
JOHN B. TUTHILL, residing at Main Road (no number), Orient, Town of
Southold, Suffolk County, New York (the "grantor") and the TOWN OF
SOUTHOLD, a Municipal Corporation of the State of New York having its
office at 16 South Street, Greenport, Suffolk County, New York (the
"grantee")
WHEREAS, the grantor is the owner of a certainp arcel of land
consisting of twenty-one (21) acres, more or less, containing a lake, wood-
land and beach in the Hamlet of Orient, Town of Southold, Suffolk County,
New York, generally bounded northerly by Long Island Sound; easterly by
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land of Horne and others; southerly by Main (State) Road; and westerly by
land of Dorman and others, said lands being shown and delineated on a
certain map entitled, "Map of Land surveyed for John Dyer at Orient, New
York, " made by Van Tuyl & Son, Licensed Land Surveyor, Greenport, New
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York, dated September 24, 1956, and more fully described in Schedule A
hereunto annexed and made a part hereof; which said lands are hereinafter
referred to as the "premises", and
WHEREAS, said premises constitute an area,of natural scenic beauty
and whose existing openness, natural condition, or present state of us, if
retained would enhance the present or potential value of abutting and sur-
rounding properties and would maintain or enhance the conservation of
natural and scenic resources; and
WHEREAS, the grantor wishes to grant a scenic and conser-%iation
easement to the grantee upon the premises; and
WHEREAS, the grantee deems iit to be in the public interest to acquire
interests or rights in real property for the preservation of open space and
areas to preserve the beauty and natural conditions of estuarine areas in
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the Town of Southold; and
WHEREAS, Section 247 of the General Municipal Law of the State of
New York provides that municipalities, including Towns, may acquire the
fee or a lesser interest, development right, easement, covenant or other
contractual right in and to real property necessary to achieve the afore-
said purposes; and
WHEREAS, the grantee, in furtherance of the above policy and in
accordance with Section 247 of the General Municipal Law wishes to accept
the scenic and conservation easement hereby proffered by the grantor-,, and
WHEREAS, a public hearing was held by the Town Board of the Town of
Southold after due notice thereof, with respect to the terms and conditions
embraced herein, at which public hearing all interested persons were given
an opportunity to be heard;
NOW, THEREFORE, in consideration of ONE ($1. 00) DOLLAR and
other good and valuable considerations paid by the grantee to the grantor r-
the receipt of whichiiB hereby acknowledged, this agreement witnesseth
that:
1. The grantor does hereby donate, grant, transfer an
convey to the Town of Southold, a scenic and conservation easement in gross,
of the nature, character and to the extent hereinafter set forth, over and
upon the premises.
2. The nature, character and extent of the easement
hereby granted is as follows:
(a) no dredging, excavating or land fill opera-
tions shall be authorized or permitted in or on the premises.
(b) Except as provided in paragraph 2(c) no
development of an kind shall be
P y permitted nor shall any commercial use ex-
cept agricultural and fishing use be made of the premises including the beaches
or underwater lands on or adjacent to the premises.
(c) Except for the maintenance of the existing
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:. LIBER:7416 .PACE 374
buildings on the premises and the storage of fishing nets, stakes, boats and
fishing equipment on the premises, no buildings or structures shall be placed
or erected on the premises.
(d) No gravel, sand, peat or other material,
except salt hay, thatch„ seaweed or drift shall be removed from the premises
nor shall any sand, gravel or other materials be placed upon the premises;
(e) No roadways or driveways shall be con-
structed on the premises except unimproved farm roads.
(f) The grantee and its authorized agents shall
have the right of inspection of the premises at any and all times during the
term hereof.
3. The nature, character and extent of limitations on the
within grant of easement are as follows:
(a) Notwithstanding the provisions hereof, the
premises shall remain at all times in the exclusive possession of the
grantor.
(b) All rights, interests and privileges of the
grantor in the premises not herein specifically donated, granted, trans-
ferred and conveyed shall remain and reside with the grantor.
4. This agreement may be cancelled by the grantor upon sixty
(60) days written notice to the grantee and upon payment to the grantee of a
sum equal to three times the difference between the amount of real estate
taxes paid or assessed against the premises in the year of such cancellation
and the amount of real estate taxes that would be assessed against the pre-
mises in the year•nf such cancellation had the premises not been burdened
with the provisions of this instrument, both computed in the tax year in
which the cancellation shall take place. Upon payment of such sum, the
grantee shall execute and deliver to the grantors a release of easement
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instrument in recordable form.
5. In the event that the grantor desires to dispose of the
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y LIBER 74 ,61 FACE,37
premises, or any part thereof, during the term of this agreement, or any
renewal or extension thereof, by sale, the grantor shall give the grantee
30 days notice of such proposed sale and the terms thereof. The grantee
shall have the first option to acquire the premises within said thirty (30)
day period on the same terms as any such proposed sale.
6. The failure of the grantee to insist upon the strict
performance of any of the terms, conditions, covenants, or restrictions con-
tained herein, shall not be deemed a waiver of any subsequent breach or de-
fault in the terms, conditions, covenants or restrictions contained herein.
7. If the whole or any part of the premises shall be
condemned or taken by eminent domain, then this agreement shall forthwith
cease from the date of title vesting in such proceeding. In such event the
grantor shall be required to pay no penalties, nor shall the value of the
premises be limited by this easement, nor shall any, part of any award belong
to the grantee.
8. The grantee covenants that to the extent legally
per_missabie the valuation placed upon the premises for purposes of real
estate taxation will be limited by the restriction of this scenic easement
in accordance with Section 247 of the General Municipal Law of the State of
New York.
9. All of the covenants, conditions, reservations, re-
strictions, easements and provisions of this agreement shall continue and
remain in effect until the 31st day of December, 1988, at which time all of
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the provisions hereof shall be automatically extended for successive periods
of one (1) year, unless on or before the 30th day of September, 1988, or 60
days prior to the end of any such extension periods, either darty hereto shall
by written instrument duly recorded in the Suffolk County Clerk's Office
determine to terminate the same.
10. The burden of this easement shall run with the land
and shall be binding upon the parties hereto, and their successors and assigis.
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LIBER 741 `
SCHEDULE A
ATTACHED TO AND FORMING A PART
OF AGREEMENT BETWEEN JOHN B.
TUTHILL AND THE TOWN OF SOUTHOLD
DATED MAY 30, 1973
All that certain plot, piece or parcel of land situate, lying and being
at Orient, in the Town of Southold, County of Suffolk, State of New York,
bounded and described as follows:
BEGINNING at a monument set on the northerly line of Main (State)
Road about 615 feet westerly of the intersection of the northerly line of Main
(State) Road with the westerly line of Youngs Avenue being the southeasterly
corner of the premises herein described and the southwesterly corner of
premises now or formerly of Reybine; running thence along said northerly
line of Main (State) Road three courses as follows, to wit:
(1) North 55 degrees 26 minutes West 180. 0 feet; thence
(2) North 56 degrees 22 minutes 50 seconds West 193. 13 feet; thence
(3) North 59 degrees 53 minutes 40 seconds West 133. 39 feet to land
now or formerly of Dorman; running thence along said land of Dorman and
others eight courses as follows, to wit:
(1) North 29 degrees 04 minutes East 38. 0 feet; thence
(2) North 18 degrees 33 minutes East 50. 37 feet; thence
(3) North 71 degrees 27 minutes West 7. 0 feet; thence
(4) North 2 degrees 36 minutes 30 seconds East 260. 96 feet; thence
(5) North 2 degrees 49 minutes 30 seconds East 164. 70 feet; thence
(6) North 10 degrees 49 minutes 30 seconds East 60. 72 feet; thence
(7) North 11 degrees 10 minutes 30 seconds West 311. 80 feet; thence
(8) North 1 degree 55 minutes West 375 feet, more or less, to the
Qrdinary high water mark of Long Island Sound; thence in a general easterly
direction along said ordinary high water mark of Long Island Sound on a
tie line course of 64 degrees 58 minutes 50 seconds East 817. 71 feet to land
now or formerly of Horne and others; thence along land last mentioned the
following ten courses, to wit:
(1) South 4 degrees 27 minutes 50 seconds East 238. 84 feet, more or
less; thence
(2) South 3 degrees 11 minutes 10 seconds East 262. 92 feet; thence
(3) South 3 degrees 18 minutes 50 seconds West 44. 27 feet; thence
(4) South 18 degrees 56 minutes 50 seconds West 293. 30 feet; thence
(5) South 16 degrees 50 minutes 10 seconds West 300. 65 feet; thence
(6) South 19 degrees 13 minutes 20 seconds West 221. 82 feet; thence
(7) South 12 degrees 45 minutes 40 seconds West 131. 51 feet; thence
(8) South 18 degrees 57 minutes 30 seconds West 173. 42 feet; thence
(9) South 56 degrees 16 minutes. 40 seconds East 127. 50 feet; thence
((�0) South 27 degrees 43 minutes West 212. 33 feet to a concrete:
monument at the northerly line of Main (State) Road and the point or place
of beginning.
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Ljo,741 em�386
GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this 30th day of May , 1973, by and between
JOHN B. TUTHILL, residing at Main Road (no number), Orient, Town of
Southold, Suffolk County, New York, (the "grantor") and the TOWN OF
SOUTHOLD, a Municipal Corporation of the State of New York having its
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office at 16 South Street, Greenport, Suffolk County, New Yor% (the
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"grantee",).
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{' WHEREAS, the grantor is the owner of a certain parcel of land
3 consisting of forty-six (46) acres, more or less, of farm, wood and meadow
land located between Route 25 and Hallocics Bay in the Hamlet of Orient,
Town of Southold, Suffolk County, New York, generally bounded northerly
' by Main State Road; easterly by land now or formerly of Peter Brown;
southerly by Hallock's Bay, and westerly by land now or formerly of
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Demarest, said lands being shown and designated on a certain map entitled,
"Map of Farm owned by Lydia T. Brown, Julia B. Tuthill and Eva B. Dyer
at Orient Point, New York" made by Van Tuyl & Son, Licensed Land
Surveyor, Greenport, New York, dated December 2, 1940, and more fully
described in Schedule A annexed hereto and made a part hereof; which said
I lands are hereinafter referred to as the "premises, " and
r� WHEREAS, said premises constitute an area of natural scenic beauty
j and whose existing openness, natural condition, or present state of use, if
w i retained would enhance the present potential value of abutting and sur-
rounding properties and would maintain or enhance the conservation of
natural and scenic resources; and
WHEREAS, the grantor wishes to grant a scenic and conservation
easement to the grantee upon the premises; and
WHEREAS, the grantee deems it to be in the public interest to acquire
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387SCHEDULE "A" ATTACHED TO AND FORMING
A PART OF AGREEMENT BETWEEN JOHN B
TUTHILL AND THE TOWN OF SOUTHOLD
DATED: MAY 30, 1973
ALL that certain plot, piece or parcel of land, situate, lying and being
at Orient, in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a monument get on the southerly line of Main Road (N, Y.
-kRoute 25) at the northwesterly corner of land now or formerly of Peter
Brown and the northeasterly corner of the premises herein described; from
said point of beginning running thence along said land of Peter Brown the
following eight courses and distances, to wit:
(1) South 30 degrees 26 minutes 10 seconds East, 710. 09 feet to a
monument;
(2) South 60 degrees 57 minutes 20 seconds Wast, 313. 17 feet to a
monument;
(3) South 37 degrees 29 minutes 30 seconds,East, 950. 22 feet to a
monument;
(4) Along the edge of a meadow on a tie line course and distance of
North 73 degrees 51 minutes 10 seconds East, 419. 37 feet to a monument;
(5) North 64 degrees 38 minutes East, 95. 85 feet to a monument;
(6) North 47 degrees 22 minutes East, 247. 18 feet to a monument;
(7) North 52 degrees 08 minutes 50 seconds East, 298. 0 feet to a salt
pond;
(8) Through said salt pond and across Narrow River Road on a tie line
course and distance of South 61 degrees 29 minutes 10 seconds East, 270
feet, more or less to the ordinary high water mark of Hallocks Bay; running
thence in a. southwesterly direction along said ordinary high water mark of
Hallocka- Bay 2000 feet, more or lest to land now or formerly of Demarest;
running thence along land last mentioned and across Narrow River Road the
following four courses and distances, to wit:
(1) North 37 degrees 27 minutes 50 seconds West, 1368 feet, more or
less;
(2) North 37 degrees 05 minutes 20 seconds East, 320. 48 feet;
(3) North 33 degrees 57 minutes 30 seconds West, 494. 56 feet;
(4) North 43 degrees 25 minutes 20 seconds West, 1272. 43 feet to said
southerly line of Main Road; running thence along said southerly line of
Main Road, North 60 degrees 10 minutes 40 seconds East, 243. 69 feet to
land now or formerly of Sibyl T. Young; running thence along land last
mentioned the following three courses and distances, to wit:
(1) South 35 degrees 10 minutes East, 162. 16 feet;
(2) North 58 degrees 28 minutes East,, 133. 60 feet;
(3) North 34 degrees 48 minutes West, 155. 28 feet to said southerly
line of Main Road; running thence along said southerly line of Main Road on
a tie line course and distance of North 67 degrees 19 minutes 30 seconds
East, 367. 48 feet to said land of Peter Brown and the point or place of
beginning.
EXCEPTING, however, from the above described premises, so much
thereof as lies within the boundaries of Narrow River Road.
i
711
GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this 30th day of May, 1973, by and between
JOHN B. TUTHILL, residing at Main Road (no number), Orient, Town of
' Southold, Suffolk County, New York, (the "grantor") and the TOWN OF
SOUTHOLD, a Municipal Corporation of the State of New York having its
office at 16 South Street, Greenport, Suffolk County, New York, (the
"grantee").
WHEREAS the grantor is the owner f
� , g o a certain parcel of land
e consisting, of thirty-two (32) acres, more or less, of farm and meadow
i
3
land adjacent to Orient Harbor in the Hamlet of Orient, Town of Southold,
C ) Suffolk Count New York, y y y
� y, generally bounded northerly b Main State Road;
C.0 easterly by land of Slawski and others; southerly by Orient Harbor, and
' westerly by land formerly of Scheckenbach, said lands being shown and de-
lineated on a certain map entitled "Map of Property surveyed for the Estate
of John Dyer at Orient, Town of Southold, New York" made by Van Tuyl &
.! Son, Licensed Land Surveyor, Greenport, New York, dated November 2, 1964,
tL CC and more fully described in Schedule A hereunto annexed and made a part
hereof, which said lands are hereinafter referred to as the "premises", and
WHEREAS, said premises constitute an area of natural scenic beauty
and whose existing openness, natural condition, or present state of use, if
retained would enhance the present potential value of abutting and surrounding
properties and would maintain or enhance the conservation of natural and
scenic resources; and
WHEREAS, the grantor wishes to grant a scenic and conservation
easement to the grantee upon the premises; and
WHEREAS, the grantee deems it to be in the public interest to acquire
interests or rights in real property for the preservation of open space and
areas to preserve the beauty and natural conditions of estuarine areas in
LI�LR 7416 383 �;
SCHEDULE A
ATTACHED TO AND FORMING A PART
OF AGREEMENT BETWEEN JOHN B.
TUTHILL AND THE TOWN OF SOUTHOLD
DATED MAY 30, 1973
All that certain plot, piece or parcel of land situate, lying and being at
Orient, in the Town of Southold, County of Suffolk, State of New York, bounded
and described as follows:
BEGINNING at a concrete monument set on the southerly line of Main
(State) Road at the northeasterly corner of land now or formerly of John
Scheckenbach and the northwesterly corner of the premises herein des-
cribed, from said point of beginning running thence along said southerly line
of Main (State) Road the following seven courses, to wit:
(1) South 80 degrees 44 minutes 40 seconds East 257. 30 feet; thence
(2) South 75 degrees 14 minutes 20 seconds East 142. 53 feet; thence
(3) South 66 degrees 32 minutes 40 seconds East 104. 15 feet; thence
(4) South 61 degrees 42 minutes 30 seconds East 118. 64 feet; thence
(5) South 59 degrees 50 minutes 00 seconds East 251. 94 feet; thence
(6) South 56 degrees 22 minutes 50 seconds East 190. 57 feet; thence
(7) South 55 degrees 26 minutes 00 seconds East 88. 31 feet; thence
along land of John B. Tuthill two courses as follows, to wit:
(1) South 32 degrees 34 minutes 40 seconds West 200 feet; thence
(2) In a southeasterly direction 150 feet, more or less, to a point on
the easterly line of land of John B. Tuthill being the westerly line of a pri-
vate road at a point along said westerly line of said private road 200 feet
South of the southerly line of Main (State) Road; thence running along said
westerly line of said private road South 32 degrees 34 minutes 40 seconds
West 235, 40 feet; running thence along said southerly terminus . of said
private -road and along land now or formerly of Bryant Tabor South 54 de-
grees 24 minutes 10 seconds East 178. 36 feet to a concrete monument and
land now or formerly of Slawski; thence along land last mentioned South 32
degrees 44 minutes 50 seconds West 443. 28 feet to land now or formerly of
B. C. Rackett; running thence along land last mentioned North 55 degrees
36 minutes 10 seconds West 316. 19 feet; thence along Land last mentioned and
along land now or formerly of Eugene McDonnell South 34 degrees 09 minutes
00 seconds West 353. 40 feet to the ordinary high water mark of Orient
Harbbr; and thence in a westerly direction along said ordinary high water
mark of Orient Harbor on a tie line course North�69 degrees 05 minutes 00
seconds West 872. 69 feet to said land now or formerly of Scheckenbach;
thence along land last mentioned North 20 degrees 17 minutes 20 seconds
East 1268, 00 feet to the southerly line of Main (State) Road and the point or
place of beginning.
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