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JUDITH T.TERRY e
TOWN CLERK (5116)TELEPHONE
6765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
July 26, 1978
Mr. Melville A. Kelsey, Jr. , Chairman
Southold Town Board of Assessors
Southold, New York 11971
Dear Mr. Kelsey:
On July 25 , 1978, following a duly advertised
public hearing held on July 11, 1978, the Southold
Town Board granted Roy Latham, Orient, New York a
Grant of Scenic and Conservation Easement. Copy of
this grant attached hereto.
Very truly yours,
_z�
Judith T. Terry
Town Clerk
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s
GRANT OF -SCENIC AND. CONSERVATION EASEMENT
THIS INDENTURE made this 25th day of . July 1978, by and
between ROY LATHAM, residing at Private Road, 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 certain parcel of land
consisting of 28,2 acres, more or less, of farmland, woods and meadow located
on the South side of Route 25 in the Hamlet of Orient, Town of Southold,
Suffolk County, New York generally bounded northerly by land of Latham;
easterly by land of Louis Tuthill Estate; southerly by Long Beach Bay; and
westerly by land of Terry, -said land being shown and designated on a
certain map prepared by Roderick Van Tuyl entitled, "Map of Lands Owned by -
Roy Latham at Orient, Town of Southold, New York," dated November 4, 1977
and amended May 25, 1978.
And a second parcel of land consisting of 8.9 acres, more or less,
of meadow located on the south side of Route 25 in Orient, Town of 'Southold,.
Suffolk County, New York generally bounded. Northerly by the westcrly brar-oh-
of Tom Brown's Creek, easterly by Tom Brown's Creek; southerly by Long Beach
Bay; and westerly by a gutter leading to Tom Brown's Creek; said land being
shown and designated on a certain map prepared by Roderick Van Tuyl entitled
"Map of Lands Owned by Roy Latham at Orient, Town of Southold, New York,"
dated November 4, 1977. and amended May 25, 1978.
And a third parcel of land consisting of 1.3 acreas, more or less, of
meadow located on the south side of Route 25 at Orient, Town of Southold,
Suffolk County, New York, generally bounded northerly by land of Demarest;
Il easterly by land of Demarest; southerly by Tom Brown's Creek; and westerly by
1l land of Louis Tuthill Estate; said land being shown and designated on a certain.
map prepared by Roderick Van Tuyl entitled "Map of Lands Owned by Roy Latham
at Orient, Town of Southold, New York," dated November 4, 1977 and amended
May 25, 1978.
And a fourth parcel of land consisting of 2 acres, more or less, of
meadow located on the south side of Route 25 at Orient, Town of Southold,
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Suffolk .County, New York, generally bounded northerly by land of Margolin;
easterly by Tom Brown's Creek; southerly by Tom Brown's Creek and westerly
by land of Demarest, said land being shown and designated on a certain
map prepared by Roderick Van Tuyl entitled "Map of Lands Owned by Roy
Latham at Orient, Town of Southold, New York," dated November 4, 197.7; and
which said four parcels of land are more fully described.in Schedule A
hereunto annexed and made a part hereof, which said four parcels of land are
hereafter referred -to as "the premises," and
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WHEREAS, said premises constitute an area of natural scenic beauty
and whose existing openess, .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 t.o 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 the
Town of Southold; and
WHEREAS, Section 247 of the General Municipal Law of the State of
Now 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 aforesaid
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 parties were given
an opportunity to be heard;
NOW, THEREFORE, in consideration of One ($1.00) Dollar 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 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.
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2. The nature, character and extent of the easement hereby
granted is as follows:
(a) No dredging, excavating, or land fill operations
shall be authorized or permitted in .or on the premises, except as required
for agricultural purposes.
(b) No development of any kind .shall be permitted nor
shall any commercial use except agricultural and horticultural uses be made
of the premises.
(c) No building or structures shall be placed or
erected on the premises.
(d) No gravel, sand, peat or other material, except
salt hay or thatch 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 constructed 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 team'
hereof.
3. The nature, character and extent of limitations on th e.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 specificallydonated, granted, transferred .
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 premies in the year of such cancellation
and the amount of real estate taxes that would be assessed against the prem-
ises in the year of such cancellation had the premises not been burdened. with
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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 grantor a*release of easement instrument in
recordable form.
5. In the event that the grantor desires to dispose of the
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 .
thirty (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
contained herein, shall not be .deemed a waiver of any subsequent breach or
fault in the terms, conditions, covenants or restrictions contained herein.
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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 permissable,.
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 the covenants, conditions, reservations, restrictions,
easements and provisions of this agreement shall continue and remain in
effect until the 1st day of August . 1988, at which time all of the
provisions hereof shall be automatically extended. for successive periods of'
one (1) year, unless on or before the 31st day of May 198 8 or
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sixty (60) days prior to the end. of any such extension period, either party
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 assigns.
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y tham
TOWN OF SOUTHOLDBy /
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STATE OF NEW YORK)
ss. .
COUNTY OF SUFFOLK)
On the 25th day of July 1978 before me personally .c.ame
ALBERT M. MARTOCCHIA, to me known, .who, being by me duly sworn, did
depose and say that he resides at 450 Seventh Street, Greenport, New York;
that he is the Supervisor of the 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; and that it was so affixed by order of the Town Board of said
municipal corporation and that he signed his name thereto by like o,-dAr
Notary Public
JUDITH T. TERRY
STATE OF NEW YORK) Notary Public, state of New YO-k
ss. . No. 52.034'D-53 Sufr,,4
Court)
COUNTY OF SUFFOLK) Com nisso� > ',r res ''l arch 30, 19'1='1
On the day of �)J_� 1978, before me personally came
ROY LATHAM, to me known to be the individual described in and who
executed the foregoing instrument, and he acknowledged to me that he
executed the same.
Notary Public
D""" AA. VOLINSVt
NOTARY PUBLIC, State of Pleev Por
N6- 52-4833608, Sm.
uffolk C"'
TOM Expires March 30, 19.
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SCHEDULE A
PARCEL I
BEGINNING at a point on the westerly line of land of Louis Tuthill
Estate and the easterly line of land of Roy Latham, said point being about
1974 feet southerly along said land of Tuthill Estate from the -southerly
line of-Main Road; running thence along said land of Tuthill Estate,
three courses:
(1) Southerly, 980 feet, more or less; thence
(2) Westerly and southerly, 325 feet, more or less, thence
(3) Easterly, 210 feet, more or less, to a certain gutter leading
to Long Beach Bay; Thence along said gutter, three courses:
(1) Southerly, about 450 feet, more or less; thence
(2) Southwesterly, about 300 feet, more or less; thence.
(3) Southeasterly, 200 feet, more or less, to Long Beach Bay;
thence along Long Beach Bay, two courses:
(1) Southwesterly, 300 feet, more or less; thence
(2) Northwesterly, 450 feet, more or less, to land of J. Droskoski;
thence along said land of J. Droskoski, eight courses:
(1) Northeasterly, 175 feet, more or less; thence
(2) Northwesterly, 58 feet, more or less; thence
(3) Northeasterly, 140 feet, more or less; thence
(4) Northwesterly, 76 feet, more or less; thence
(5) Northeasterly., 107 feet, more. or less; thence
(6) Westerly, 99 feet, more, or less thence
(7) Northwesterly, 102 feet, more or less; thence
(8) Westerly, 159 feet, -more or less, to land of S. Droskoski;.
thence along said land of S. Droskoski, two courses:
(1) Northwesterly, 252 feet,. more or less; thence
(2) Westerly, 160 feet, more or less, to land of Lloyd Terry;
thence along said land of Lloyd"Terry, northerly 1010 feet, more or less,.
to other land of Roy Latham; thence easterly along said other land of Roy
Latham, 580 feet, more or less, to the point of beginning. Containing
approximately 14.9 acres of farm, 4. 8 acres of woods, and 8.5 acres of meadow.
PARCEL II
8.9 acres of meadow described as follows: Northerly by the westerly
branch of Tom Brown's Creek adjoining lands of Tuthill, Latham and Demarest;,,
Easterly by Tom Brown's Creek; Southerly by Long Beach Bay, and westerly by
a gutter leading to Tom Brown's Creek, said parcel of meadow being known
as "Sandman's Island."
PARCEL III
1.3 acres of meadow described as follows: Northerly by Demarest about
105 feet; Easterly by Demarest about 720 feet; Southerly by Tom Brown's
Creek about 70 feet; Westerly by Tuthill Estate about 690 feet.
PARCEL IV
2.0 acres of meadow described as follows: Northerly by Margolin. about
188 feet; easterly by Tom Brown's Creek about 560 feet; Southerly by Tom
Brown's Creek about 160 feet; Westerly by Demarest about 550 feet.
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i21._O�: VAN TIM
VAN (UiL
F. ;. Pro:ettinna! En;r:r,4nt bc-:n-..J Land Surveyor
.L,• +:iad Land Surveyor
Phona 477-1487 Phone 477-1608
RODERICK VAN TUYL, P. C.
FRONT STREET AT MAIN
GREENPORT, NEW YORK 11944
/u0
PHONE 477.0170 1,kay 25, 1978
DESCRIPTION: Scenic Easement on .Land of Roy Letham
at Orient
Parcel I (Revised)
28.2 acres described as follows: Beginning at a point on the
westerly line of land of Louis Tuthill Estate and the easterly line
of land of Roy Latham, said point being about 1974 feet southerly
along -said land of Tuthill Estate from the southerly line of Main
Road; running thence along said land of Tuthill Estate, three courses:
(1 ) Southerly,. 980 feet, more or less; thence.
(2) Westerly and southerly, 325 feet, 'lore or less; 'thence
(3) Easterly, 210 feet, more or less, to a certain gutter lead-
ing -to Long Beach Bay; Thence along said gutter, three courses:
(1 ) Southerly, about 450 feet, more or less; thence
(2) Southwesterly, 300 feet, more or less; thence
(3) Southeasterly, 200 fee i�, more or less, to Long Beach Bay;
thence. along Long Beach Bay, two courses:
(1 ) Southwesterly, 300 feet, .more or less; thence
(2) Northwesterly, '450 feet, more or less, to land of J. Droskoski,
thence along said land of J. Droskoski, eight courses:
(1 ) Northeasterly, 175 feet* more or less; thence
(2) Northwesterly, 58 feet, more or less; thence
(3) Northeasterly, 140 feet, more or less; thence
(4). Northwesterly, 76 feet, more. or less; thence
(5)Northeasterly, 107 feet, more or less; thence
(6) -Westerly, 99. feet, more or less; thence
(7) Northwesterly, 102 feet, .more or less; thence
(8) Westerly, 159 feet, more or less, to land of S. Droskoski;
thence alon.- said land of S. Droskoski, two courses:
(1 ) Northwesterly, 252 feet, more or less; thence
(2) Westerly, 160 feet, more or less, to land of Lloyd Terry;
thence along said land of Lloyd Terry, northerly 1010 feet, more or less
to other land of Roy Latham; thence easterly along said other ! and of R
Roy Letham, 580 feet, more or less, to the point of beginning. Containin,
approximately 14.9 acres of farm, 4.8 acres-of woods, and 8.5 acres of
meadow. - �-
3VT/mg RODERICK VAN TUYL; P.C.
To: Diana Day Latham
cc: Mrs. Roy Latham
- ,,ti 1`0'11 VAN Ytoll _
F?oq ;rrr P.,v..•rn a! �. rear .•fin. ...td L.,. .. ,
s l:i.ertgnd L•<ia1 S.,r w•1:N ,
Pnora 477 1487-
f r.r.o•..
c -RDDE4��a. VAN .-Fi�� P. C.,
i
FRONT t T:i:E, :?! 4iN
GREENPGRT, NE41 YOPK 11944
PHONE 477.0170
Page 2
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1.) Northweste y, , 2 feet, r_o^e or '_tncc
(2) `iTester , 160 feet, rle or less.. to lar— 0_`, ,c;�. Ter_ 5
thence along, s d land of Llo;rd Terx-j-z- rv:the:-ly 1 `8; -eF i" rx._ .. .
less, to sa and of Koroleski; then!e
Koroleski 452 eet, more or less," o trio pca,a of rgi�_ ; ;s ;•r.•.w
tainin_ - pproxima ely 22.8 acres f farm9 4.8 act•:, of V,03*
8.5 a res of meado
Parcel II
8.9 acres of meadow described as follows: Northerly by t1,E
trvesterly branch of Tom Brawn's Creek adjoining lards of Tuthill,
- Latham and Demarest; Easterly by Tom Brown's Creek; Southerly by
Lorig Beach Bay, and westerly by a gutter leading to Tom Brown's Creek,
said parcel of meadow, being known as "Sandman' s Island".
Parcel III
1 .3 acres of meadow described as follows: Northerly by Leu.ere� :
about 105 'feet; Easterly by Demarest about 720 feet; Southerly by
Tom Brown's Creek about 70 feet; Westerly by Tuthill Estate about
690 feet;
Parcel IV.
20 acres of meadow described as follows: Northerly. by TIT Wrgc1_iz,
about 188 feet; Easterly by Tom Brown's Creek about 560 feet; Souths
by Tom Brown's Creek about 160 feet; Westerly by Demarest abot:t "550
feet.
RODERICK VAIN TU`� , P.C.
RVT/mg
To: Diana Day Latham-
233 East 32nd Street
New York, N.Y. 10016
cc: 1.2rs. Roy -Latham