HomeMy WebLinkAboutTuthill, John JOSHUA ¥. ttORTON
GREGORYF. 5LIlC~BOSI~ ~v%.-¢~-:+~ ~-
~" Toxxa~ HaH, 53095 Route 25
k~, ~ P.O. Box 1179
5I_~Y C. W~SON ~',.: Sou~old, New York 11971-0959
ASSISFANT TOll~ ATTO~EY 5 ;':; %elephone (631) 765-1889
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; ~ ~rez3 akab os~,~ to x~n.s onrhold.ny.us
ma~,.wfls on,~Ioxxm, sou~old.nv.ns
OFFICE OF THE TOV~rN ATTORNEY
TOXSq'4 OF SOUTHOLD
January 11,2002
Peri L. Youmans, Project Manager
Peconic Land Trust
296 Hampton Road
P.O. Box 1776
Southampton, NY 11968
Re: Tuthill Family Limited Farmily Partnership to Town of Southold
$CTM #1000-'17-6-14.1
Dear Ms. Youmans:
As r~.,~e~Led, enclosed please find a certified coov of the Grant of Yerm
Scenic and Conservation Easement between the ~bove na~ed pa~es,
recorded in the Suffolk County Clerk's office on December 31,2001 in Libor
D00012160 at Page 868.
Vew truly yours,
Gregory F. Yakaboski, Esq.
Town Attorney
Betty:
/md The original recorded document
enc. will be forwarded to your office
for safe-keeping upon my ~eceipt
cc: Town Clerk w/copy of enc. of same. Greg
Melissa Spiro, Land Preservation Coordinator w/copy of enc.
Assessors w/copy of enc.
rl.lllll llfllBl U ll
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Ttr~e of Instrument: EASEMENT/DOP Recorded: 12/31/2001
Number of Pages: 8 At: 11:24:06 AM
TRANSFER TAX NUMBER: 01-20515 LIBER: D00012160
PAGE: 868
District: Section: Block: Lot:
1000 017.00 06.00 014.001
EXAMINED A~D CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $24.00 NO H~ndling $5.00 NO
COE $5.00 NO TP-584 $5.00 NO
Notation $0.00 NO Cert. Copies $4.00 NO
RPT $15.00 NO SCTM $0.00 NO
Transfer tax $0.00 NO Comm. Pres $0.00 NO
Fees Paid $58.00
TRANSFER TAX NUMBER: 01-20515
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
Number of pages ,)(
TORRENS
Serial #
Prior Cfi. # ~' ~ ':; ' "~ '- ''~ ~:-': :"
Deed / Mortgage Instrament Deed / Mo~gage Tax Stamp Recordhg / Filing Stamps
I FEES.
P~ge / Filing Fee ~'4
Handling ~ ~ 1. Basic T~x
TP-584 ~ ~ 2. Additional Tax
Notation Sub Total
EA-52 17 (Co,v) ~ Sub Total ~~ Spec./Assit.
0r
EA-5217 (State) Spec./Add.
~?.r.s.~.
Duff Town Dual County~
Co~. of Ed. 500 ' Hel
Affidavit Transfer Trax
The prope~ covered by this mo~gage is or
will be improved by a one or two family
Reg. Copy
Sub Total ~J t '~ dwelling only.
YES__or NO~.
Other
'~ I~, ~ of this ins~ment.
::~.<[~} ~ ~al erope~ T~x Se~ice Agency Verification I 6 Co~uniW Prese~ation
Fund
-: :~ Dist. Section B lock Lot Consideration Amount $
N~ Vacant Land
7~ Satisflcrions/Discharges/Releases List Prope~~ Owners Mailing Ad,ess TD
~ RECO~ & ~TU~ TO: '
TD
~ ~. ~,~ ][ ~ ~ 8 I Title Company Information
9 [ Suffolk. Coumy Recording & Endorsemem Page
~s page fora ~ of~e a~h~ F ~M[~ ?~~/*~ ~*~F made by:
(SPEGFY ~*E OF mS~ )
O0~v ,~t'~ff J&& k/~71~ P~tC¢ ~epre~sesheminissi~ted~
P~Y~d. 3gtP ~/~J~ ~o~ ~, r~v/~ e~/~q ~ S~OLr CO~, ~w YOm
BO~S 5 ~U 9 N'~ST BE ~?ED OR P~D ~ BLACK ~ O~Y P~OR TO ~CO~G OR FIL~G.
GRANT OF TER31 SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this g[~ ~tay of ~'~-..)., 2000, by and between JOHN
B_ TUTH]I.L LIMITED FAMILY PARTNERSHIP, a/k/a JOHN B. TUTH1LL FA/VlILY L.P-,
c/o John B. Tuth/ll, PO Box 192, Orient, NY 11957, (the "Grantor") and the TOWN OF
SOUTHOLD, a Municipal Corporation of the State of New York having its office at 53095 Ma'm
Road, Southold, Suffolk County, New York, (the "Grantee").
WI-~REAS, the Grantor is the owner of a certain parcel of land consisting of thkty-four
(34) aciZes, more or less, offarm and meadow land adjacent to Orient Harbor irt the Hamlet of
Orient, Town of Southold, Suffolk County, New York, and SCTM# 1000-17-6-14.1, generally
bounded northerly by Main State Road; easterly by other land now or formerly of Tutkill and
others; southerly by Orient Harbor, and westerly by land now or formerly of Van Cleef, said
lands being show'n and delineated on a certain map entitled "Proposed "Setoff" of Property
Situate'Orient, Tox~'n of Southold, Suffolk Count5.,, New York" made by John C. Ehlers, Land
Surveyor, Riverhead, New York, dated December 17, 1999, and more fully described in
Schedule A hereunto armexed and made a part hereof, wkich said lands are hereinafter referred
to as the "premises," and
%VI-IEREAS, said premises constitute an area of natural scenic beauty whose ex/sting
openness, natural condition, or present state of use, ffretained would enhance thc present
potential value of abutting and surrounding properties and would maintain or enhance the
conservation of natural and s~enic resources; and
WHEREAS, the Grantor wishes to grant a term scenic and conservation easement to the
Gr~antee ullozrlhepremises; and
WI-1EREAS, the Grantee deems it to be in the public interest to acquire interests or rights
in real property for the presen,ation of open space and areas to preserve the beauty and natural
conditions of estuafine areas in the Town o£ Southold: and
'~hrrrlEREAS, Section 247 of the General Municipal Law of the Slate of New York
provides tha~ municipalities, fl~cluding To,ms, may acqu/re 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, a public hearing ,aras held by the ¢own 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 consideration paid by the Grantee to the Grantor the receipt of~vhich is hereby
acknowledged, this agreement w/tnesseth that:
I. 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.
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
permifted in or on the premises excepting that the existing dredged
· channel ma5, be dredged to maintain the entrance to the creek on the
premises in substantially the condition in wh/ch the same now exis'~s.
0o) Except as provided in paragraphs' 2 (c) and 2 (e) no development of any
kind shall be permitted nor shall any commercial uses except agricultural
and fishing.uses be made of the premises including the beaches or
meadow, or underwater lands adjacent to the premises.
(c) No buildings or structures shall be placed or erected on the premises
except for the following:
i. Grantor shall have the fight to maintain the existing farm vegetable
stand and make modest improvements provided that such improvements
do not exceed 50% of the existing footprint, subject to regulatory
approval.
ii. Grantor shall have the right to store fishing nets, .stakes, boats and other
fishing equipment adjacent to the creek entrance at or near Orient Harbor.
iii. Grantor shall have the right to install a septic system and a water
supply system in the open area to serve the development area as shown on
a sur,,rey of the property made by John C. Ehlers, Land Surveyor,
Riverhead, New York, dated December 17, 1999.
(d) No gavel, sand, peat or other material, except salt hay, thatch, seaweed or
drift shall be removed from the premises nor shall any sand, gavel or
other materials be placed upon the premises.
(e) No roadways or driveways shall be constructed on the premises except'
unimproved farm roads.
(0 The Grantee and its authorized agents Shall have the right of inspection of
the premises at any and all times during the term hereo£
3. The namre~ chafacter, and extent of limitations on the within grant of easement
are as follows:
(a) Nom4thstanding 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, transferred and conveyed shall
remain and reside with the Grantor.
· 4. In the event that the Grantor has an offer from a prospective buyer to purchase the
premises, or any part thereof, the Grantor shall give the Grantee 120 days notice
ofsuchproposed sale and the terms thereof The Grantee shall have the option to
purchase the development fights on the portion of the premises that is subject to
the terms of this easement within said one-hundred twenty (120) day period
provided that the prospective buyer is in a~eement and is willing to purchase the
remainder of the property in its restricted form. In the event the prospective
buyer is not willing to purchase the restricted property, Grantee will then have the
right to purchase the entire property on the same terms as the proposed sale to the
prospective buyer. The purchase price for the development fights and/or fee title
shall be the appraised value as determined by an appraiser acceptable to both
Grantor and Grantee. If the pames hereto cannot agree upon an appraiser, each
party shall appoint an appraiser, and each of such appraisers shall appraise the
development rights. 'If the average value of the two appraisals is not acceptable to
both parties, the two appraisers shall mutually select a th/rd appraiser who shall
then appraise the development rights and/or fee. The average of the three ,
appraisals shall conclusively determine the appraisal price
EROM :~ FRX NO. : Dec. ~1 ~001 10:~9AM P~
· Fide ational Title
INSURANCk COMPANY OF NEW YORK
Title No. 01-3704-33692.SS
SCHEDULE A
COMMENCING at the point of intersection formed by the southerly
side of Main Road (State Road 25) and the westerly side of a
private road otherwise known as "Rackett'e Court" said point also
being 324 feet from the corner of Main Road (State Road 2S) and the
westerly side of Oysterponds Lane said point also being the
northeast corner of the land of John B. Tuthill; and
RUNNING THENCE from said point or place of beginning; South 32
deg~sss 34 minutes 40 seconds West, along the westerly side of
Racketu's Court a distance of 435.40 feet to the southwesterly
corner of "Rackett's Court";
THENCE South 54 degrees 24 minutes 10 seconds East along the
southerly line of "Rackett's Court" and the land of Bryant Tabor,
a d~stance of 178.36 feet to a monument and the land of A ~ R
Abersmith;
THENCE South 32 degrees 44 minutes 50 seconds West along the land
of Abersmith, Dispense, Neilson, Newman and Van Cleef through a
monument a distance of 443.28 feet to the northeast corner of land
of Henrietta Rackett;
THENCE along the land of Rackett North 55 degrees 36 minutes !0
seconds West a distance of 316_18 feet to a point;
THENCE South 34 degrees 09 minutes 00 seconds West, along the land
also along the land of Mary Jane Hicks a distance 353.40 feet to a
point adjacent to the corner of a concrete seawall and the waters
of a tidal creek fed from Orient Harbor;
THENCE South 89 degrees 07 minutes 16 seconds West, a dis%anco of
319.55 feet to the average high water mark of Orient Harbor;
THENCE along the average high water mark of Orient Harbor North 57
degreem 01 minute 53 seconds West, a distance of 585.13 feet to the
land of Van Cleef;
THENCE along the land cf Van Cleef and through a post North 20
degrees 16 minutes 40 seconds East, a distance cf 1252.83 feet to
the southerly lien of Main Road (State Road 25):
24 Coma erce Drive · Rivorhead, New York 11901 · Telephone: (631 ) 72%0600 · Fax:: (631 ) 72-7-0606
FROM :' FA× NO. : Dec. 31 2001 10:JgAM
Fidelity N tional Title
THENCE the followin~ eight courses and distances along the
southerly side of Main Road (State Road 25) South 80 degrees 44
minutes 40 seconds East, a distance of 257.40 feet;
THENCE South 76 degrees 14 minutes 20 seconds East, a distance of
192.$3 feet;
T~NCE South 66 degrees 32 minutes 40 seconds East, a distance of
104.15 feet;
THENCE South 61 degrees 42 minutes 30 seconds East, a distance of
118.66 feet;
THENCE South 59 degrees 50 minutes 00 seconds East, a distance of
251.94 feet;
THENCE South S6 degrees 22 minutes 50 seconds East, a distance of
190.57 feet;
THENCE South 55 degrees 26 minutes 00 seconds.East a distance of
178.91 feet;
Tt{ENCE South 54 degrees 30 minutes 00 seconds East, a distance of
59.40 fee~ to the westerly line of Rackett's Court and to the point
or place of BEGINNING_ Containin~ 35.92 Acres.
24 Commerce Dr~ve- Riverhead, New York 11901 · Telephone: (631) 727-0600 · Fax:: (631) 727-0606
5 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 default in.the terms, conditions, covenants,
. or restrictions contained herein.
6. If the whole or any part of the premises shall be condemned or taken by eminent
domain, then this agreement shall for~h~Sth cease from the date of title vesting in
such proceed'rog. In such. event the Grantor shall be required to pay no penalties,
nor shall the value of the premises be limited by tkis easement, nor shall any part
of any award belong to the Grantee
7. The Grantee covenants that to the extent legally permissible the valuation placed
upon the premises for purposes of real estate taxation w-ill be limked by the
restriction of this scenic easement in accordance with Section 247 of the General
Municipal law of the State of New York.
8. All the covenams, conditions, reservations, restrictions, easements, and provisions
of this agreement shall continue and remain in efr'ect until the 3 Ist day of
December, 2004, at which time Grantor, in its sole discretion, may extend all of
the pro~4sions hereof for three successive periods of five (5)' years.
9. The burden of this easement shall run with the !and and shall be binding upon the
parties hereto, and their successors and assigns. ·
T6~ff~F.~Z o~h r a n, S~u p~YVi so r
Jotm B. Tuthill Family L. P.
STATE OF NEW YORK)
SS.Z
COUNTY OF SUFFOLK) ,
the c~l/-day of ~/(2[(/ in the year 2000 before me, the
On
undersigned,
personally appeared .~00~t/./). (3D~R./,,~ ,personallykn°~nt°me°r
proved to me on the basis of satisfactoD, evidence to the in~vidual(s) whose n~e(s) is (are)
subscribed m the wkli~ ins~ent and ~knowledged to me that he/she/they execut~ the same
'in his/her/their capacity(ies), and that by hs/her/their si~amre(s) on the ins~ent, the
individual(s), or the person upon behalf of which the individual(s) acted, executed ~e
instrument.
Nota~ ~blic
STATE OF ~W YO~)
CO~TY OF SL~FOLK) ~OOl .
On the ~ay of ~ ~ ~ in the year 290~efore me, the undersigned,
personally appeared ~ ~ M. ~+~r 1~ , personally knom to ~ne or
proved to me on the basis of satisfacto~ evidence to the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they execumd the same
in ~s/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed ~e
inmument.
~. 0~ ~ NotaB, Pubh~
STATE OF NEW YO~K
OOU~ OF SUFFOLK 88:
~, EDWARD p. ~O~AI~E, CLERK OF THE OOHNTy OF SUFFOLKA~D CLERK OF T
~F THE STATE OF NEW YO~K IN AND F
~O HEREBY CERTIFy OR SAID COUN~ 'SA HE SUPREME COURT
, THAT I HAVE CO ( lO COURT BEING A COUR
~ ~HAT IT IS A JUST AND R;~~~ RECORDED/~ ~Z ~
OF
THE
WHOLE
IN TESTIMONY WHEREOF, I H~E HER
GL~K
// JOSHUA Y. ItORTON
GREGORY F. YAKABOSKI Supemdsor
TOWN ATTORNEY Town I-Icl1, 53095 Route 25
P.O. Box 1179
MARY C. WILSON Southold, New York 11971-0959
Telephone (631) 765-1889
~SSISTANT TOWN ATTORNEY e-mail:
greg.yakaboski@town.southold.ny.us
mary.wilson@town.southold, ny.us
~., OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To: Elizabeth A. Neville
Town Clerk
From: Gregory F. Yakaboski, Esq.
Town Attorney
Date: February 7, 2002
Re: Tuthill Family Limited Partnership to Town of Southold
Grant or term of scenic and conservation easement
SCTM #1000-17-6-14.1
Betty:
Enclosed for safekeeping in your office, please find the following original documents:
· Suffolk County Clerk's Office Recording Page
· Suffolk County Recording & Endorsement Page
· Original Grant of Term Scenic and Conservation Easement dated July 21,2000,
between John B. Tuthill Limited Family Partnership and the Town of Southold,
recorded in the Suffolk County Clerk's office on 12/31/01, in Liber D00012160 at
Page 868.
Thank you.
Greg
/md
eRCS.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~.e.~f Instrument: EASEMENT/DOP '~ · Recorded: 12/31/2001
TRAnsFER TAX NUMBER:~0'~L20515~ : :' LIBER: D00012160
PAGE: 868
District: Section: Block: Lot:
1000 017.00 06.00 014.001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above InstrUment
Exempt Exempt
Page/Filing $24.~0'0 .NO Handling .. $5.00 NO
COE $5.00 NO TP-584 $5]00
Notation $0.00 NO Cert. Copies ,$4.00 NO
RPT $15.00 NO SCTM ~c~'$0.00 NO
Transfer tax $0.00 NO Comm. Pres $0.00 NO
Fees Paid $58.00
TRANSFER TAX NUMBER: 01-20515
THIS PAGE IS A PART OF THE INSTRUMENT
Edward P.Romaine
County Clerk, Suffolk County
' .... '~- ~ ~" TOWN A'I-I'ORNE'Y'fi OFFICE
TOWN OF SOL'q'HOLD
Number of pages ~> ....
TORRENS Ed~.s rd
CLx?J< ~ '~
Ce~ificate ~ ? ~.~
Deed / Me,gage lns~ument Deed / Me,gage Tax Strop Recor~ng / F~hg Stamps
'~4 [ FEES
Handl~g ~ ~ 1_ Basic Trax
-
TP-584 ~ 2. Addition~ Tax
Notation Sub Total
EA252 17 (Co~) __ Sub Total ~ gT~ Spec./Assit.
0r
EA-5217 (State) Spec./Add.
KP.T.S.A. TOI. ~.~G. TAX
Dual Town Dual County
Comm. of Ed. 500 Held for Apportionment
Affidavit Transfer Tax
The prope~ covered by this me,gage is or
Reg. Copy will be improved by a one or two family
Other ~S
--G~ND TOTAL ~ 2-b'~ If NO, see appropriate tax clause on page~
~ __ of this hs~ment.
5-/[~ ~ e~ Real Prope~ Trax Se~ce Agen%~ Verification [ 6 Co~uni~ Presetwation Fund
[~ c~ ) Dist Section B lock Lot Consideration Amount $
~ffq ' Improved
I~ti~ Vacant Land~
Satishctions/Discharges/Releases List Prope~' Owners Mail~g Address . TD
~CO~ & RET~ TO:
TD
.
P O~ DoX l { ~ ~' , 8 I Title Company Information
Suffolk County Recording & Endorsement Page
~s rage fo~ p~ of the a~he~ ~ ~ff,~/~jd ~~Y*~ ~Zz~F made by:
(SPE~ ~E OF ~S~ )
~bOJ~ ~ ,~b uT~&O h~e~LLAGE
BO~S 5 ~U 9 N~ST BE ~ OR P~D ~ BLACK ~ O~Y P~OR TO ~CO~G OR FIL~G.
(owR}
GRANT OF TEI~! SCENIC ~a~ND CONSERVATION EASES~,~NT '
THIS INDENTURE made this .,~2,1 ~' ~ay of ~ , 2000, by and be~een JO~
B. T~,L LI~ED F~Y P~SH~, ~a JO~ B. ~LL F~LY L.P.,
c/o Io~ B_ TuthiH, PO Box 192, Odenb ~ 11957, (the "Grantor") and ~e,TO~ OE
SOU~OLD~ & M~cfpat Co~oration of the Sta~ of New York ~g its 0~ce at 53095 ~ain
Road, So.hold, Suffo~ County, New York, (the "Grantee").
~E~AS, t~ Or~tm is the owner pfa cegain parc~! of laqd Cq}sis~g of ~y-fo~
(34) a~es, ~re o~ tegs, o~'f~ ~a meadow l~d adjacent to Orient ~f0or in ;~ H~let of
~enL To--.Of Soumol~ S~ok Co~, New York, ~d SC~S 100dkvt~-6-~4.~, generally
bounded no~ly by M~ State Road; east~ly by o~er l~d now o~ fo~erly of T~H and
others; sou~h~ly by'Odem H~bor, and westerly by l~d now. or fo~e~]y ofV~ Cleef, said
l~ds being shbwn ~dMelineated 6n a ceaain map entitled "Propose8 "SeroX' 'ofProp~
Si~ate ~t, To~ 0f Sou~old, Suffolk Co~, New York" made by Jo~ C. E~e~, L~d
S~eyor. ~yekhead,' Ne~' Yok, ~te9 December 17, 1999, ~d ~oke ~y d~cfibd~
Schedule A~here~to a~exed'and made a p~ hereof, which smd lands are hereNa~er refe=ed
to as the "premises," and
~AS, said premises consti~te ~ ~ea of nauwM scene beauW whose existNg
ope~ess, m~ml condition, or present state of use, if retained would e~ance the present
potential vMue of abu~g ~d s~o~ng propenies and ;void mmtm or e~ce ~e
conse~ation ofna~ral and scenic resources; and
~x~AS,' the Granlor ;vishes to ~anl =a 5~ sce~c and cons.~.~ation, eas~w;en, to the
Grantee upon the premises; ~d
~AS, the Grantee deems it to be in the public Nterest to acquire interes~ or
in real prope~y for the prese~ation of open space and ~eas to presence the beauW and na~ral
conditions of esm~ne areas in ~e Town of Southold; ~d
~AS, Section 247 of the General Municipal Law of~e State of New York
provides that mtmtcipalities, includNg Towns, may acquke the fee or a lesser Nterest,
development right, easement, covenmxt or other con~acmaI fi~t in ~d to real prope~
g~ces~, t~; ~ch~e}2e~e a~or~aid Pt~oses; ~d
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 att interested persons were given an opportunity to be heard;
NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAK and other good and
valuable consideration pa~d 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
S~utho~d, ,a _~ernc.-:ma conse~aon easement ~n gross, of ~he.,,nature,. character
·. ancl to the eX-tent 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 operations shall be authorized or
permifted in or on the premises excepting that the existing dredged
channel may be dredged to maintain the entrance t~ the creek on the
premises in substantially the condition in which the same now exists.
(b) Except as provided in para~aphs' 2 (c) and 2 (e) no development of any
kind shall be permitted nor shall any commercial uses except agricultural
and fishing uses be made of the premises including the beaches or
meadow, or underwater lands adjacent to the premises.
(c) No buildings or structures shall be placed or erected on the premises
except for the following:
i. Grantor shall have the right to maintain the existing farm vege[able
stand and make modest improvements provided that such improvements
do not exceed 50% of the existing footprint, subject to regulatory
approval.
ii. Grantor shall have the right to store fishing nets, stakes, boats and other
fishing equipment adjacent to the creek entrance at or near Orient Harbor_
iii. Grantor shall have the right to install a septic system and a water
supply system in the open area to serve the development area as shown on
a survey of the properly made by John C. Ehlers, Land Surveyor,
Riverhead, New York, Idated Deaember 17, 1999.
(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 constructed on the premises except
unimproved farm roads.
(f) The Grantee and its authorizect agents shall have the right of inspection of
the prem/ses at any and all times during the term hereof
3. The nature; ~haracter, and extent ofl/mitations on the withi~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, transferred and conveyed shall
remain and reside with the Grantor.
4. In the event that the Grantor has an offer from a prospective buyer to purchase the
premises, or any part thereof, the Grantor shall give the Grantee 120 days notice
of such proposed sale and the terms thereof. The Grantee shall have the option to
purchase the development rights on the portion of the premises that is subject to
the terms of this easement within said one-hundred twenty (120) day period
provided that the prospective buyer is in agreement and is willing to purchase the
remainder of the property in its restricted form In the event the prospective
buyer is not willing to purchase the restricted property, Grantee will then have the
right to purchase the entire property on the same terms as the proposed sale to the
prospective buyer. The purchase price for the development rights and/or fee title
shall be the appraised value as determined by an appraiser acceptable to both
Grantor and Grantee. If the parties hereto cannot agree upon an appraiser, each
party shall appoint an appraiser, and each of such appraisers shall appraise the
development fights. If the average value of the two appraisals is not acceptable to
both parties, the two appraisers shall mutually select a third appraiser who shall
then appraise the development rights and/or fee. The average of the three
appraisals shall conclusively determine the appraisal price.
~FROM : FAX NO. : D~¢. ~1 ~OE~I 10:39AM P2
Fidelity National Title
INSURANCE COMI:'ANY OF NEW YORK
Title No. 01-3704-33692.SS
SCHEDULE A
COMMENCING at the point of intersection formed by the southerly
side of Main Road (State Road 25) and the westerly side of a
private road otherwise known as "Rackett's Court" said point also
being 324 feet from the corner of Main,Road (State Road 2S) and the
westerly side of Oysterponds Lane ~aid point also being the
northeast corner of the land of John B. Tuthill; and
RUNNING THENCE from said point or place of begln~ing; ~iouth 32
degrees 39 ~inutes 40 seconds West, along the westerly side.of
R~cke~t's Court a distance of 435.40 feet to the southeasterly
c~rner of ~'Raokett~s Court";
THENCE South 54 degrees 24 minutes 10 seconds East along the
southerly line of "Rackett's Court" and'the land of Bryan'l Tabor,
a d~sta~ce of 178.36 feet to a monument and the land o~ A & R
~ber~mith;
THENC~ South 32 degrees 44 minutes 50 seconds West along the land
o~ A~ersmith, Dispenza, Neilson, Newman and Van Cleef through a
~onU4~t a distance of ~43.28 feet to the northeast corner of land
~ HR~rietta Rackett;
THENC~ al~qg the land of Rackett North 55 degrees 36 mi:n,ltes 10
seconds we~t a distance of 316.18 feet to a point;
THENCE South 34 degrees 09 minutes 00 seconds: West, along the land
also along the land of Mary Jane Hicks a distance 353.40 feet to a
point adjacent to the corner of a concrete seawall and the waters
of a tidal creek fed from Orient Harbor;
THENCE South 89 degrees 07 minutes 16 seconds West, a dis:tance of
319.55 feet to the average high water mark of Orient Harbor;
THENCE along the average high water mark of Orient Harbor North 57
de~rees 01 minute 53 seconds West, a dista~ce of 585.13 feet to the
land of Van Cleef;
THENCE along the land of Van Cleef and through a post North 20
degrees 16 minutes 40 seconds East, a distance of 12S2.82½ feet %0
the southerly lien of Main Road (State Road 25);
24 Contmcrce Drive * Rivcrhead, New York 11901 * Telephone: (631) 727-0600 * Fax:: (631') 727-0606
~ F~OM : FAX NO. : Dec. 31 2~101 10:39~M F~
· Fidelity N tional Title
1NSUR,~.NCE COMI~AN¥ OF NEW 'YORK
THENCE ~he following eight courses and distances along the
southerly side of Main Road (State Road 25) South 80 degrees 44
minutes 40 seconds East, a distance of 257.40 feet;
THENCE South 76 degrees 14 minutes 20 seconds East, a distance of
142.53 feet;
T~ENCE South 66 degrees 32 minutes 40 seconds East~. a distance o~
TKENCE South 61 degrees 42 minutes 30 seconds East, a distance of
118.64 feet;
TKENCE South 59 degrees 50 minutes 00 seconds East, a distance o5
251.94 feet;
THENCE South 56 degrees 22 minutes 50 seconds East, a distance o'f
190.57 feet;
T~ENCE South 55 degrees 26 minutes oo seconds East, a distance of
178.91 feet;
THENCE South 54 degrees 30 minutes 00 seconds East, a distance of
59.40 feet to the westerly line of Rackett's Court and to the point
or.place of BEGINNING. Containing 35.92 Acres.
24 Commerce Ddve · Pdvorhead, New York 11901 · Telcphon~: (63 D 727-0600 - Fax:: (631 ) 727-0606
5 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 default in the terms, conditions, covenants,
or restrictions contained herein.
6. 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 proc.eedii3g. In such event the Grantor shall be required to pay no penalties,
nor shall the value tithe premises be limited by th/s easement, nor shall any part
of any award belong to the Grantee
7. The Cjrantee covenants that to the extent legally permissible the valuation placed
upon the premises for purposes tireal estate taxation will be limited by the
restriction of this scenic easement in accordance with Section 247 of the General
Municipal law tithe State ofNew York.
8. All the covenants, conditions, reservations, restrictions, easements, and provisions
of this a~eement shall continue and remain in effect until the 31st day of
December. 2004, at which time Grantor, in its sole discretio~ may e~end all of
the provisions hereof for three successive periods of five (5) years.
9. The burden of this easement shall mn with the [and and shall be binding upon the
parties hereto, and their successors and assigns.
T~9~of Southold t~
J~tn W. Cochran, Supervisor
John B. Tuthill Family L. P.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
On the c~/-day of ~i. JUI, L/ in the year 2000 before me, the undersigned,
personally appeared C, flStL*l a)-~0~ , personally kno~ to me or
proved to me on ~e basis of satisfacto~ evidence to the ~dividual(s) whose name(s) is (~e)
subs~ibed to the wit~ ~s~me~ and acknowle~ed to me that he/s~/~ey executed ~e same
· in his/her/~eir ~acity(ies), and tMt by his/her/thek si~ature(s) on ~e liniment, the
in~vidual(s), or the person upon behalf ofwhch the individual(s) acted, ex.uteri the
instrument.
Nota~ Public
STA~ OF ~W YO~)
sm o r)
On the ~ay of ~ inthe year~efore me, the ~dersigne&
personally appeared ~o~ ~. ~[~ ~1 , personally ~own to me or
proved to me on the basis of satisfacto~ evidence to the ~dividual(s) whose name(s) is (are)
subscribed to the within instrument and ac~owledged to me that he/she/they executed the same
in ~s/her/their capacky(ies), and that by his/her/their sig~ture(s) on the instmmem, the
individual(s), or the person upon behalf of which the individual(s) acted, executed ~e
instrument.
Not~ ~bhc
ELIZABETH A. NEVILLE f~'~%~ Toxvn Hall, 53095 Main Read
TOWN CLEttK ~?~ P.O. Box 1179
REGIST[LkR OF VIT~kL STATISTICS ~' Southold, New York 11971
l~L~kRRL~GE OFFICER Fax (631) 765-6145
RECORDS I~M~AGEMENT OFFICER Telephone (631) 765-1800
FREEDOi~ OF INFOILMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE sOUTHOLD TOWN BOARD
HELD ON MAY 9. 2000:
RESOLVED that the Town Board of the Town of South01d hereby issues a
Negative Declaration pursuant to the SEQRA Rules and Regulatfons with
respect to accepting a scenic easement from the John B. Tuthill Family Limited
Partnership; and be it
FURTHER RESOLVED that the Town Board hereby authorizes Supervisor Jean
W. Cochran to execute any and all necessary documents to accept the scenic
easement from the John B- Tuthill Family Limited Partnership on the properties
known as SCTM # 1000-17-6-6, 1000-17-6-13, and 1000-17-6-1t[ at no cost to
the Town of Southold.
Southold Town Clerk
May g. 2000
PUBLIC HE,~dNG
May 9, 2000
5:05 P2¥i.
ON A SCENIC CONSERVATION EASEMENT FOR TH]~ JOtt2'q- TUTHILL PROPERTY.
SCTM 3100-17-6-. 1000-17-6-13, 1000-17-6-14, ORIENT.
Present: SupetMsor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Counciiman Craig A. Picker
Town Clerk Elizabeth A. Neville
Town Attorney Gregory. F. Yakabosld
SUPERX?iSOR COCHRAN: We will move on to the second hearing, which is in relation to a
consetwation easement on the Tuthill Property in Ohant. This is a grand old man, Mr. John
TuthilL The deed reads 1640 for this property. It has been in the family that many generations.
Lonisa, would yon like to read it?
JUSTICE EVANS: "Notice is hereby Wen that a public hearing x~411 be held by the Town
Board of the Tovm of Southold, Suffolk County, New York, at the Southold Town Hall, 53095
Main Road, Southold, New York, on the 9a~ da~r of May, 2000, at 5:05 P.M., in the matter of the
Grant of a Scenic and Conservation Easement by the John B. Tuthill Fantily Limited Partnership
to the Town of Southold pursuant to General IVltmicipal Law 247. The parcel of land consists of
approximately (34) acres of fm-m and meadowland adjacent to Orient Harbor in the Hamlet of
Southold consisting of part of SCTM #1000-17-6-6, 1000-17-6-13; and 1000-17-6-14. Further
Notice is hereby given that the file containing a more detailed description of the aforementioned
parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
Sunthold, New York, and may be examined by any interested businesspersons during normal
business hours. Dated: April 25, 2000. Elizabetli A. Neville, Southo[d Town Clerk." I have an
affidavit that it was published in The Suffolk Times, mhd on the Town Clerk's Bulletin Board,
and there is no correspondence.
SUPERVISOR COCHRAN: You have heard the reading of the public notice on a scenic
conservation easement on the John Tuthill property in Orient. Dick, would you like to speak to
this parcel in relation to an easement, and what it means to us, to the town.
DICK RYAN: I didn't come prepared with any statement, Jean. This particular transaction has
been facilitated by the Peconic Land Trust, mhd the details of this easement proposal had been
thiou~h our committee in part, and the Town Attorney's Office, as well as members of the
Board. hi concept it is something the committee favors, because it protects a beautiful piece of
* 5./9/00Tuthi~ 2
farmland that has a tremendous vista to it. Historically there is a lot to be said for continuation of
this as preserved open space in agriculture. We favor the idea of the Totem acceptance of tkis_
SUPERVISOR COCHRAN: Thank you. 'Anyone else like to address the Town Board? (No
response_) If not, I deem the heating closed.
Southold To~vn Clerk
~[~};NOTi~CE:'IS H,~BY GIVEN ?
' ~~-th~t a pubic hear~g will be held by '~ '' .......... STATE OF NEwYOR~
the Town Board of' the Town. of .
,: SOuthold~:SUffolk Co~iy,'New York--~ CO~N~ OF_SUFF0[~'--
?hr the Sou~hOld ,Tow~; H~, 53095
'~:'~ain Road, South6td :New yoa on ' ~ ~ ¢, ~ ~' ( [ ~ of Maffituck, in said
~:~ :the 9th day df May, 2000,:at5::05 EM;c~ count, being duly sworn, says that he/she is Principal
,~',' ~,'in the matter of theGrant of a Scenic
:~."a~d Co~e~atio~. ~a~m~t by th~ clerk of THE SUFFOLK TIMES, a weekly newspaper,
.B. Tuthill Family Limited ; pUbli~h*d a~ ~aRRu~k, M th~ TO~n Of SOUthoM,
So,third..'~ Coun~ of Su~olk and 8tat~ ol ~ork, and that th,
~ofio~ of wh~oh th~ annexed
[farmand : b~n m~ularl~ pubff~h~d
each week for ~ we~uccessively,
$outhdld:'Con~isting of Part commencing on the
;7~6~6 m0o-U-643; ~., day
fi~e:~onfainMga :1
aVailable in ~ ( ]'Principal Clerk
Town ,Cierk's:~ Office, ~
~3095:~Main
~d may Sworn to before me this
' '~: ~G~L, ;NOT;ICE
· " :!NOTICE..OF HEARING
HEREBY GI~I~N', that a
~ ~ .
NOTICE
IS
,~' ~ pCi~blic-hearing will be held by the
.'~,~'~ [ . -
Town Board o~ the Town .~f'~4?Sou~old:, 5a~fblk County, New York at the
Southold Town Hall, ~0~ w~g~:n~/~0a~ South~ld, ~w York, on the Sth da~
~, ~fl00, ~t~ 8:0~ ~.M.~~[B~ th~ .matter ~ th~ Grant of a Scenlc and
Conservation Easement by t~e John B. Tuth~ll Famil~ Umited Pa~ner~hip to
the Town of S~uthold pur~u~n~ to General Mun~clpal kaw 2~7. The parcel of
approximately, .(3~) acres of farm and m~ado~ land adjacent to
land
O~
Orient Harbor in the Hamlet ,~ Or ent, To~n of Southold conslst~n~ of part 'of
SCTM ~ 1000-17-$-$; 1000'lJ~S~r}~ and
FHRTH~R NOTICE 15 HfiR~BY GIVE~ that the f~le ~onta[nln~ a more
d~scr[pt~on of ~he aforeme~ibjned parcel is available ~n the Southold
Clerk'~ Office, Southold To~}.~all, 5~08S Main Road, Southold, ~e~ York, and
may be examined b~ an~ m~eres~e~ bushinesS..person~ durln~ normal busines,
hour~ ..~: ..
Dated: April 2~, 2000.
ErLIZABETH A. NEVILLE
$OUTHOLD TOWN CLERK
PLEASE PUBLISH ONCE ON MAY ~,, 2000, AND FORWARD ONE (1~
AFFIDAVIT OF; PUBLICATION .TO ELIZABETH NEVILLE, TOWN CLERK,
BOX 1179, SOUTHOLD, NY 11971-
Copies to the fqllowing: I
The 5uffoll<; Times ..
Town Board Members
Town Attorney
Town Clerk~'s Bulletin Board
John B. Tuthill Family
Land Preserlvation Committee
STATE OF NEW yORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEV. II~-LE, Town Clerk of the Town of Southold, New York
being duly: sworn, sa~,,s that on the 1st day of May '20~0
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southotd, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southold Town. Hall, 53095 Main~ Road, Southold, New York.
Legal Notice - Notice of Hearing in the matter of the Grant of a Scenic
a'nc~C~nservation Easement by the John B. Tuthill F~mily Limitdd Partnership
to be held at 5:05 P.M., Tuesday, May 9, 2000.
Southold Town Clerk
Sworn to before me this
l~t day of Maw 200E.
otary rublic
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
Southold, New York 11971
REGISTILkR OF VITAL STATISTICS Fax (631) 765-6145
M~.R RLiC~E OFFICER
RECORDS i%IANAGEA~ENT OFFICER Telephone (631) 765-1800
FREF~DOi~f OF I1N'FOF~VLkTION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOU~I~IOLD
THIS, IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON APRIL 2S. 2000:
RESOLVED that the Town Board of tee Town of Southold hereby sets S:0S
P.M., Tuesday, May 9, 2000 as the time and place for a public hearing· on
the conveyance of a term scenic and conservation easement from the John
B. Tuthill Family Limited Partnership to the Town of Southo. ld pursuant to
General Municipal Law 2LtT. The parcel of land consists of approximately
(3[L) thirty four acres of farm and meadow land adjacent to Orient Harbor in
the Hamlet of Orient, Town of Southold consisting of part of $CTM #
1000-17-6-6, 1000-17-6-13, and 1000-17-6-1zL The cost of the conveyance
to the Town to be ($1.00) One Dollar is hereby waived.
A. Neville
Southold Town Clerk
April 2S. 2000