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HomeMy WebLinkAboutSchad, Gus' t AMENDED GRANT OF SCENIC EASEMENT THIS INDENTURE, made this 13th day of December , 1983, by and between BRECKNOCK ASSOCIATES, a co-partnership, with offices c/o Gus Schad, 690 Deer Park Avenue, Dix Hills, New York, hereinafter called the Grantor, and THE TOWN OF SOUTHOLD, a municipal corporation having its principal place of business at 53095 Main Road, Southold, New York, hereinafter called the Grantee. 1000 Dist. ~35~ Sec. lO0 Blk. Lbt WHEREAS, there exists a Grant of Scenic Easement agreement covering portions of the Grantor's land, dated July 15, 1971, and recorded in the Suffolk County Clerk's Office on December 13, 1971 in Liber 706~6, page 386;. and WHEREAS, the parties desire to modify the aforesaid Grant of Scenic Easement by cancelling same and placing in its stead the following Grant of Scenic Easement on other property of the Grantor, more particularly described in Schedule A herein; and WHEREAS, said premises constitute an area of natural scenic beauty and whose existing openness, natural con- dition, or present state of use, if retained, would enhance the present or potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural or scenic resourses; and WHEREAS, the Grantor wishes to grant a scenic easement to the Grantee affecting the premises described in Schedule A; and ~ 1'~ ~"~ (~ -1- WHEREAS, the Grantee deems it to be in the public interest to acquire interest or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of lands in 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 any lesser interest, development right, easement, covenant or other contractual right necessary to achieve the aforementioned purposes to land within the Town; and WHEREAS, the Grantee in furtherance of the above policy and in accordance with Section 247 of the General Municipal Law, accepts the scenic easement affecting the premises described in Schedule A. NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration to the Grantor, receipt of which is hereby acknowledged, this agreement wit- nesseth that: 1. The Grant of Scenic Easement agreement dated July 15, 1971 and recorded in the Suffolk County Clerk's Office on December 13, 1971 in Liber 7066, page 386, is hereby terminated and cancelled. 2. The Grantor does hereby donate, grant, transfer and convey unto the Town of Southold, a scenic easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon all those certain -2- plots, pieces or parcels of land as set forth and described in Schedule A annexed hereto and made a part hereof. 3. The nature, character and extent of the easement hereby granted is as follows: (a) No buildings or structures shall be erected on the premises, except fencing, utility structures and out- buildings which might be required by municipal agencies for the construction and maintenance of communal utilities, water or sewage systems, consisting of a treatment plant, pumping and lift stations and collection system, and other such appurtenances. (b) No lumbering operations shall be conducted on the premises and no trees shall be cut unless dead, diseased or decayed or for the better landscaping of the area or improvement of existing growth or as may be reasonably required in the construction of roads, equestrian trails, recharge areas or communal utility, water or sewage systems; (c) The land shall remai~ essentially in its natural state, except for landscaping and maintenance such as mowing of grass, the cleaning and removing of debris from the pond areas. (d) No topsoil shall be removed from the premises nor shall sand, gravel or other minerals be excavated therefrom for purposes of sale or use off the premises; nor shall sand, gravel or other minerals be stored upon the premises; -3- the assuring itself that the Grantor is of the terms and conditions of this time. 4. The nature, the within grant of (e) The Grantee and its authorized agent shall have right of inspection of the premises for the purpose of not in violation of any scenic easement, at any character and extent of limitations on scenic easement are as follows: (a) The premises shall not be open or available to the public for general or park use, but shall remain at all times in the exclusive possession of the Grantor, its suc- cessors and assigns in interest, and subject to its or their unqualified right to exclude others therefrom by any and all lawful means, except as indicated in paragraph 3(e); (b) Roads with necessary recharge basins for road drainage may be constructed to provide access to and from surrounding properties of the Grantor, as well as the construction of jogging paths and equestrian trails. (c) The within grant of scenic easement shall in no way affect the right of the Grantor to use the premises, for the uses herein permitted, and to do all such things thereon, not expressly forbidden herein, as a similarly situated landowner might do; (d) All right, interests and privileges of the Grantor granted, the Grantor, in the premises not herein specifically donated, transferred and conveyed, remain and reside with its successors and assigns. -4- 5. The waiver or acquiescence in any variation from any part of the restrictions and covenants herein by the grantee shall be effective only for the particular instance involved and shall not be deemed to limit the continuing force and effect of the restrictions and covenants. 6. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this easement shall forthwith cease without need of any further writing from the date of title vesting in such proceeding. In such event the Grantor shall not be required to repay to any real property taxing authority any taxes reduced or abated as a result of this scenic easement; nor shall the value of the premises be limited by this easement; nor shall any part of any award belong to the Grantee. 7. The grantee hereby undertakes to cooperate to the extent legally permissible in having the valuation placed upon the premises for purposes of real estate taxation taken into account and limited by the restrictions imposed by this scenic easement, all in accordance with State of New York General Municipal Law §247. 8. This agreement shall be perpetual and shall be a covenant running with the land and shall be binding upon the parties hereto, their successors and assigns. 9. This Grant of Scenic Easement is subject to the adoption of a resolution by the Town Board of the Town of -5- SCHEDULE A ALL those certain plots, pieces and parcels of land, situate lying and being near Greenport, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: PARCEL I: ., BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and McIntosh, and is the following two courses and dis- tances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65° 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following three courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65~ 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 290.00 feet; running thence through land of Brecknock Associates the following six courses and distances: (1) North 57° 16' 01" East 652.01 feet; (2) North 2~ 50' 30" East 411.75 feet; (3) North 82° 04' 52" East 267.15 feet; (4) South 10~ 34' 40" East 472.04 feet; (5) North 88~ 32' 59" East 360.75 feet; (6) South 23° 51' 43" East 1,123.11 feet to the northerly side of North Road (State Route 25);..running thence along the northerly side of North Road South 66~ 01' 20" West 252.76 feet to land of Schofield and McIntosh; running thence along said last mentioned land the following two courses and distances: (1) North 11° 31' 10" West 210.00 feet; thence (2) North 19~ 16' 00" West 344.00 feet to the point or place of BEGINNING. Containing 31.8212 acres. PARCEL II: ~ BEGINNING at a point located at the northwesterly corner of the premises being described herein, which point is distant the following seven courses and distances from the point on the northerly side of North Road (State Route 25) where the southeasterly corner of land of Jem Realty Corp. joins the south- westerly corner of land of Brecknock Associates: (1) North 41° 39' 10" West 1,084.54 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feat; (4) North 32° 57' 20" West 410.00 feet; (5) North 44° 12' 35" East 564.01 feet; (6) North 25° 16' 36" East 398.13 feet; (7) North 58° 57' 15" East 471.09 feet; running thence from said point of beginning along the ordinary high water mark of Long Island Sound the following two courses and distances: (1) North 58° 57' 15" East 130.00 feet; thence (2) North 42° 36' 45" East 169.85 feet to land of Brecknock Associates; running thence through said last mentioned land the following eight courses and distances: (1) South 29° 32' 27" East 250.54 feet; (2) South 3° 43' 35" West 234.96 feet; (3) South 35° 57' 18" East 163.60 feet; (4) South 3° 13' 04" West 277.09 feet; (5) South 57° 49' 51" West 255.05 ~eet; (6) North 31° 02' 45" West 300.00 feet; (7) North 5° 13' 27" East 382.02 feet; thence ~8) North 38° 52' 02" West 183.71 feet to the Doint or place of BEGINNING. Containing 6.1046 acres. Southold, subject to a permissive referendum authorizing the execution of this amended Grant of Scenic Easement IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. BRECKNOCK ASSOCIATES Gus Scha'~, Partner TOWN OF SOU~HOLD ~l~'ra n~:i s (J. Supervisor STATE OF NEW YORK: COUNTY OF SUFFOLK: On the /3 day of D~effuse, 1983, before me personally came GUS SCHAD, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is a member of the firm of BRECKNOCK ASSOCIATES, a co-partnership, and that he executed the foregoing instrument in the firm name of BRECKNOCK ASSOCIATES and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said firm for the uses and purposes therein men- tioned. · - Nh. 52-7~32500 - SuUolk County~ STATE OF NEW YORK: COUNTY OF SUFFOLK: On the 23rd day of 3anuary FRANCIS J. ~URPHY, to me known, , 1984, before me came who, being by me duly sworn, did depose and say that he resides at Old Main Road, Mattituck, New York; that he is the Supervisor of the TOWN OF SOUTHOL~, the municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said municipal corporation; that the seal affixed is such seal; that it was so affixed by order of the Town Board and that he signed his name thereto by like order. -6- 1000 Dist. ~35~ Sec. Blk p/o(~250~ Lot AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 13th day of December, 1983, by BRECKNOCK ASSOCIATES, a co-partnership, with offices c/o Gus Schad, 690 Deer Park Avenue, Dix Hills, New York, hereinafter called the Declarant. WHEREAS, the Declarant along with Leo Wolowitz, has made application to the Town Board of the Town of Southold, Suffolk County, New York, for a change of zone for certain portions of the property from "A" Residential and Agricultural District to "M" Light Multiple Residence District, to adjoin other "M" Light Multiple Residence property of the Declarant, all of which is more particularly described as follows: ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being near Greenport, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a point located on the southeasterly portion of the premises being described herein, which point is the northeasterly corner of land of Schofield and McIntosh, and is the following two courses and dis- tances from a monument located on the northerly side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet; and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of beginning along land of Schofield and McIntosh, South 65* 47' 10" West 213.37 feet to a point; thence through land of Brecknock Associates the following two courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along said last mentioned land the following four courses and distances: (1) North 41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet to the ordinary high water mark of Long Island Sound; thence along the ordinary high water mark of Long Island Sound seven courses and distances as follows: (1) North 44° 12' 35" East 564.01 feet; (2) North 25° 16' 36" East 398.13 feet; (3) North 58° 57' 15" East 601.09 feet; (4) North 42° 36' 45" East 169.85 feet; (5) North 57° 59' 35" East 188.68 feet; (6) North 41° 51' 15" East 322.22 feet; thence (7) North 31° 15' 06" East 483.73 feet to land of F. Kinq; running thence along said last mentioned land the following 14 courses and distances: (1) South 30° 10' 40" East 910 feet; (2) South 31° 03' 40" East 300.01 feet; (3) South 28° 19' 30" East 89.61 feet; (4) South 13~ 46' 30" East 33.68 feet; (5) South 27~ 56' 50" West 65.47 feet; (6) South 0" 19' 40" East 179.94 feet; (7) South 1° 34' 00" East 300.20 feet; (8) South 3° 40' 00" East 100 feet; (9) South 0~ 04' 20" West 172.71 feet; (10) South 5~ 18' 40" East 100.93 feet; (11) South 0° 39' 30" East 100.15 feet; (12) South 1° 45' 00" East 434.17 feet; (13) South 7~ 02' 00" East 40.19 feet; thence (14) South 76~ 49' 10" West 155.10 feet; thence along land of F. King and land of Abadiotakis, South 24° 34' 30" East 805.00 feet to the northerly side of North Road (State Route 25); running thence along the northerly side of North Road South 66° 01' 20" West 634.76 feet to land of Schofield and McIntosh; running thence along said last mentioned land the following two courses and distances: (1) North 11° 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00 feet to the point or place of BEGINNING. Containing 132.08 acres. WHEREAS, there has heretofore been placed on portions of the above described property a certain Declaration of Protective Covenants and Restrictions dated July 15, 1971, which was re- corded in the Suffolk County Clerk's Office on December 13, 1971, in Liber 7066 cp 382; and WHEREAS, the Declarant in the place of the aforesaid Cove- nants and Restrictions desires to impose certain other restric- tions on the use of aforesaid premises as follows: NOW THEREFORE, it is declared that said premises shall be subject to the following restrictions which shall run with the land: -2- 1. The total new dwelling units to be erected on the above- described premises shall not exceed three hundred fifty (350). Not included therein are any existing structures, clubhouses, or other ~ccessory, storage or maintenance buildings. 2. Along portions of the easterly boundary of the above- described premises where living units are located, there shall be a 50 foot in width buffer zone in which no buildings or struc- tures will be erected. 3. The Declaration of Protective Covenants and Restrictions dated July 15, 1971, and recorded in the Suffolk County Clerk's Office on December 13, 1971, in Liber 7066 cp 382 is hereby ter- minated and cancelled. 4. Enforcement of these restrictions shall be through pro- ceeding at law or in equity. 5. These restrictions shall run with the land and may be altered, modified, terminated or annulled by the Declarant, its successors and assigns, only with the approval of the Southold Town Planning Board, its successors and assigns. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration on the day and year first above written. BRECKNOCK ASSOCIATES Gus S~ad, Parther STATE OF NEW YORK: COUNTY OF SUFFOLK: On this 13th day of December, 1983, -3- before me personally came GUS SCHAD, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is a member of the firm of BRECKNOCK ASSOCIATES, a co-partnership, and that he executed the foregoing instrument in the firm name of BRECKNOCK ASSOCIATES, and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said firm for the,uses and purposes therein mentioned. ~//~.~"'"' //~' /I/ ~ " '~:' ' Notary ~bt'ic NOTARY PUBLIC. State o~ I~ew York No. 52.74~250~ - Suffolk -4- o GRANT OF SCI.,TIC EASE?aNT THIS INDEI~TIII~E, made as of this /~ay of July ~97% by and bet-ween GUS SCHA~, residing at 5 Arista ~rive, Dix Hills~ New York~ hereina£ter called the grantor~ and T~fE TOWN OF ) TRA~JSFER ~A~.!Pg~I,.,~ REQUiRe]business at 46 South Street, [:~ called the grantee. WI{EREAS~ the grantor is SOUTHOLD, a Municipal Corporation having its principal place of Greenport~ lIew York~ hereinafter the owner o£ a parcel o£ land near Greenpor% Town of So~thold~ Cova~ty o£ Su£folk and State o£ New York~ described by metes and bounds in Schedule A annexed hereto and made a part heraof; and WHE1LEAS~ said premises constitute an area o£ natn~ral scenic beauty and whose existing openness, natural condition~ or present state o£ use~ if retained~ would enhance the present or potential value o£ abutting and surrounding properties and would maintain or enhance the conservation of natural or scenic re- sources; and W-ffEtLEAS, the grantor wishes to grant a scenic easement to the ~rantee affecting the premises described in Schedule A; and WH~REAS~ the grantee deems it to be in the public interest to acquire interest or rights in real property for the preservation of. open space and areas to preserve the beauty and natural conditions ~£ lands in the Town o£ Southold; and WttlREAS, Section 297 o£ the General Municipal ~aw o£ the State o£ New York provides that municipalities, including Towns, may acquire the fee or any lesser interes~ development right~ easement, covenant or other contractual right necessary to achieve ~he aforementioned p~oses to land within the and W-ffEREAS~ the grantee~ in furtherance o£ the above policy and in accordance with Section 2~? of the General ?Innicipa Law accepts the scenic easement affecting the premises described SCHEDULE A 7086 ALL that certain piece or parcel of land situate, lying and being near Greenport, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of IJorth Road on the division line between the southwesterly corner of land herein described and the southeasterly corner of land of Schofield and McIntosh which point is distant 634.76 feet westerly from the division line between lands of Gus Schad and lands now or formerly of Ripley; running thence a'long land of Schofield and McIntosh two (2) courses and distances as follows: (1) l~orth 11© 31' 10" West 210.00 feet to a point; thence (2) t~orth 19° 16' 00" West 344.00 feet to a point; thence along other land of Gus Schad the followffng ten (10) courses and distances as follows: (1) I~orth 10° 30' 50" Wesv, 269.85 feet; (2) l~orth 24© 34' 30" West, 1310~ feet; (3) l~orth 85© 51' 50" West, 280.00± feet; (~) North 4° 08' 10" East, 380.00± feet; (5) South 89© 02' 00" East, 280.43~feet; (6) South 4© 08' 10" West, 59.64± feet; (7) North 65© 25' 30" East, 278.65± feet; (8) South 24© 34' 30" East, 1304.59 feet; (9) South 11° 41' 20" West, 771.0~$ feet; thence (10) South 22° 21' 30" East, 488.29 feet to the northerly side of North Road; thence South 66° 01' 20" West along' the northerly side of North Road 109.76 feet to the point or place of BEGII~NII~G. Said parcel containing 19.271± acres in Schedule A. and othe~ good and valuable considerations to receipt of which is hereby acknowledged: this that: 4. The grantor does hereby donate, T~EREFORE, in consideration of ONE (SilgO0) DOLLAR the grantor, agreement wi6nesseth graut, transfer and convey unto the Town of Southold, a scenic easement in gross, of the natUre~ character and to the extent hereinafter set forth~ over and upon all that certain plot, piece or parcel of land as set forth and described in Schedule A annexed hereto and made a part hereof. 2. The nature, character and extent of the easement hereby granted is as follows: (a) No building or structure of any description shall be erected on the premises, except ones required by the Suffolk County Department of Health and/or the Suffolk County Sewer Agency for the construction and maintenance of a communal sewerage system~ consisting of a treatment plant and collection system; (b) Nolumbering operations shall be conducted on the premises and no trees shall be cut unless dead, diseased or decayed or for the better landscaping of the area or improvement of existing growth or as may be reasonable required in the con- struction of roads, recharge areas or a comm~mal sewerage system~ (c) No topsoil shall be removed from the premises nor shall sand, gravel or other minerals be excavated therefrom for purposes of sale or use off the premises; nor shall sand~ gravel or other materials be stored upon the premises; 'id) The grantee and its authorized agent shall have the right of inspection of the premises for the purpose of assuring itself that the g~antor is not in violation of any of the terms and conditions of this scenic easement, at any time. 3- The nature, character and extent of limitations on the within grant of easement are as follows: (a) The premises shall not be open or available to ' the public for general or park use, but shall remain at all times i in the exclusive possession of the grantor~ his heirs~ executors, assigns and successors in interest, and subject to his or their !unqualified right to exclude others therefrom by any and all law- ful means, except as indicated in paragraph (b) ~oadways with necessary recharge basins for highway drainage may be constructed to provide access to and from surrounding properties of the grantor and communal sewerage system and may be dedicated to municipel authorities; (c) The within grant of easement shall in no way affect the right of the grantor to use the premises, for the uses herein permitted, and to do all such things thereon, not expressly ,, forbidden herein, as a similarly situated landowner might do; (d) Ail right, interests and privileges of the grantor in the premises not herein specifically donated, granted, transferred and conveyed, remain and reside with the grarl~or~ his successors and assigns. 4. The wai%rer or acquiescence in any variation from any part of the restrictions and covenants herein by the grantee shall be effective only for the particular instance involved and shall not be deemed to limit the continuing force and effect of the restrictions and covenants. 5. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this easement shall forthwith cease without need of any further writing from the date of title vesting in such proceeding. In such event the grantor shall not be required to repay to any real property taxing authority any taxes reduced or abated as a result of this scenic easement; nor shall the value of the premises be limited by this easement; nor shall any part of arq~ award belong to the grantee. The grantee hereby undertakes to coopera'be to the extent legally permissible in having the valuation placed upon the premises for purposes of real estate taxation which shall take into account and be limited by the restrictions imposed by this scenic easement, all in accordance with State of New York General Municipal Law Section 247. ?. This agreement shall be perpetual and shall be a covenant running with the land and shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOP, the parties have hereunto set their hands and STATE OF NEW YORtfi SS. seals as of the day and year first above written. Gus Schad/ Grantor TO¥~ OP SOUTKOLD on the day of July, 1971, before me personally came GUS SCHAD, who resides at 5 Arista Drive, Dix Hills, New York, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged~o me that he e~ecuted same. ' ' STATE 0~ ~ YOP~: CO~T7 0F S~POLK~ SS. 0n ~ke 7th dal of December~19?l~ before me csme ALBERT M. MAR~OCCHIA, ~o me ~own~ who~ ~ein~ b7 me dult swo~n~ di~ depose and saI tha~ he ~esides a~ 450 Seventh Street, G~eenport, New York ~ tha~ he is ~he Superviso~ of ~he T0~; SOUT~0LD; ~he m~icipal co~o~a~ion desc~ibe~ in ~nd which exe- cute~ ~he fo:e~oin~ i~st~ume~; tk~ he ~ows tke seal of.said m~icipal co~omation~ ~ha~ ~he seal affixe~ is such seal, was so affixed bi o~de~ of ~ke To~ Bo~d and ~ha~ he si~ned his name thereto b~ like o~e~. 7066 'Ac,:.977 DKCLARATION O~ PP, OTECTTVE r,b.,PI.L I]OH by GUS SCHAD DECLARATION made this day of July, ]c~7], hy (,I . .:.Cf[AD, residing at 5 Arista Drive, Dix Hills, I,Jew York, t,,~reirml'l, cr. called the Declarant, WHEREAS, the Declarant is the owner in fee z~im[,]c, oF re.al property which is described in deed dated Aprt] [0, ]96,1, from William J. Pollert and Adrian B. VanRiper to Gus S~.had, and which is recorded in the Office of the Clerh of the Couuty of Suffolk in Liber 6533 of Deeds, page 476. WHEREAS, the Declaranh ha~ made app]~eat~.n of the Town of Southold, Suffolk County, zone of the premises described ~n F;chedul~: hereto and made a part hereof, from "A" cultural to "B-2" Business. WHEREAS, the Declarant desires to impose certain r,?3trfct.~on on the use of the said premises as follow~: - NOW, THEREFORE, it is declared that 3aid I,r~n,i.:, ,'...tml I I~, subject to the followin~ restriction:~ which :'~:,'1 ~ fun ,,.~ i~ ~1,, land: 1. No new building or structure of arty doscrJplJon Fur any business purpose shall be erected on the pr~mj.:~u-~. :',-t'~t.. ,~ Schedule 1 until twenty-five (25) living uu~ts '.r~ ~,rc. et:ed other property of the Declarant which is described in a deed dated April 10, 1969, between William J. Pollert, Adrian I{. Van Riper and Gus Schad, the Declarant herein, which ~¢ r,ee,:)r, iod Liber 6533 of Deeds, page 476, in the surfeit 0ounLy (; L~.~.~.' ';; r Office. 2. The Declarant or modify the existing Schedule 1 herein. reserves the buildings on right to reor~n;;t, rLtct, Pelhovu. te Che p]'~-mi~ef: ,I,'.'crTb~.d iH 3. Enforcement of these restrictions shall ~roceeding at law or in equity. · 4· These restrictions shall run with the ]and and .-}mi remain in force and effect until January l, 200o; and may altered, modified, terminated or annulled by tho 1,, c.laral~t, successors and assigns, until after said date. IN WITNESS WHEREOF, Declaration on the day and year the Declarant liS.? Ju]y ~?:o,:'~lted t Iii;: SCHEDULE boinF, near (Jrr, t,,nf~or.t, ~L'o~,~n of ~outhold~ f:O~llliy ,,l' .l,ll'[',.l~:, ;ti:d,,: of t~e~ York, bounded and described a~ follow~;: BEGIUNING at a point on the northerly ~;l,fle of TIor~l, Rom't the division llne between the southwesterly corm~r of formerly of Time Structures, Inc.; running rhone,~ tb.~'th 4[© 10" West along lands now or formerly of Time Strt~citlros, Inc., 579.18 feet to a point; thence along land of qu:: Sc}md, th~ following tyro (2) courses and distances: (1) t[or.t~, ~;d© t~,' East, 765.20 f,~ot; thence (2) North (17 47' ]~" ~'h::~ , '.'~,,.~t'~ to lands of Schofield and McIntosh; thence Souih ~.~o Iii, ~)0" ~Cu~t along lands of Schofield and McIntosh, 550.14 feet [o the erly side of North Road; thence along the nortl,~rly :'i..~e o~' Road the follow,nd two courses anti ,f~:;trtn~'.o::: (]) :t.,,~t}, ~,'," 50" West, 285.49 feet to a point; thence (2) Yo~th d6° ~6' 40" West, 589.52 feet to the point or place of Said parcel contains 12.436 acres. STATE OF NEW YORK: : SS. COUNTY OF SUFFOLK: On the /~"~' day of July, 1971, GUS SCHAD, who resides at 5 Arista Drive, Dix II,ii.:, l]~?~ Y~,~.I.:, to me known to be the individual described in and who execL~tr.d the foregoing instrument, and acknowledged to me ll~:Lt H~ ~':~:t.'~tLto,! t~e same. ~i I ~ U T E S SOUTHOID TOWN BOARD May ll, 1971 PRESENT: ~IIPERVISOR ALBERT ~L~.RTOCCH/A JUSTICE I~RTIN SuTER JUSTICE LOUIS DE~EST COUNCILP~N HOWARD VALENTIi~YE COUNCILFA~IT JA~S RICH TOW~f CLERK, ALBERT W. RICHiqO~D ~UPERvISOR ~TOCCHI&: We will open the hearing at this time, 7:30 P.~. Councilman Valentine will read the legal notice of hearing in the matter of s grant of scenic easement by Gus Schad to the Town of Southold. Councilman Valentine read the legal notice of hearing and proof of publication in the official newspaper. (See copy ef legal notice attached; and copy of Grant of Scenic Easement (including Schedule A) attached). ~UPERVI~OR I,L~RTOCCHIA: You have heard the legal notice of hearing on the property in question. It is shown on the map in green. Is there anyone present who wishes to speak in favor of this easement? ~,~. RIC~D ~K (from the firm of William Wfckham repre- senting ~,~. Gus Schad): Supervisor Martocchfa, members of the Town Board, ladies and gentlemen: The legal notice did not give all the metes and bounds which ts in the scenic easement. The scenic easement is the area in green which is on the map and which is a part of the planned unit development, an easement of M zone request and B zone request, and leaving the balance in ~ Agricultural concept. The scenic easement is a technique which is the braiuc'hild of the Southold Town Planning Board and the Suffolk Planning Co~issiou wherein the density and growth of a ~ acre parcel could be con- trolled. It worked out geographically to run the green belt to the south which would protect and leave the wetland in a natural state, and also act as a buffer zone with the proposed M zone (with a density of 7 units per acre). From zero density at the golf course to M zone, 7 units per acre, and then buffer ~t with -3- scenic easement and then go to Residential. If the development got the o een light" we had to have sewerage facilities on the property. If we could not hook up with the Village of Greenport the project had to provide for a sewerage treatment plant on the premises. It worked out geo- graphically but the natural low spot on the place is situated one-third up where the proposed scenic easement is. A concept was devolved, 16.? acres would be set aside iu scenic easement. This is provided for in ~ectiou 24? of Municipal Law where the property can be left with a contract between the landowner and the local municipal government where laud can be set aside for the preservation of natural beauty. In essence it is to prevent urban sprawl, and in essence it becomes part of the green belt of a planned unit development. There have been several other applications for scenic ease- ment but this is probably the most meaningful because it's in perpetuity. Once adopted as part of a zoning package it can not be changed. It will be recorded and it runs with the land forever except by mutual consent. Ym. ~chad will retain fee title to the land. His intent is that if he gets the ~green light~' for M zone, he would turn over fee title to that scenic easement as well as fee title to M zone to the developing corporation which would own the condominiums and sell them off. A purchaser buying a condominium would arrive at 1/38~, if you will, restricted, and also an interest in the scenic easement so eventually if the project is fully developed every land owner would own a piece or fraction of scenic easement in addition to four walls of a condominium. Scenic easement is preservation or a guarantee or build any buildings on land encompassed by except buildings required for a sewer plant. be located iu au area of 2~00 sq. ft. so out not a large area. 0~ course, you would have screening and fencing to prevent ingress itself. Mr. ~chad also agrees not to conduct on the part of 1¥~. Schad not to create scenio easement The actual plant can of 16.? acres this is to provide suitable and egress to the plant, any lumber operations except for removing diseased trees. No topsoil shall be removed from the place except for road construction purposes. The Planning Board and the Suffolk Planning Commission insisted that second roads be provided so there would be one or two roads through for ingress and egress from different sections of the property. It must be left iu "as is~ condition. As part of the grant the Town, probably the Building Inspector, has the right at any time to go upon scenic easement land and investigate to see that all conditions are being met. The landowner still owns the land but restricts the land for building and it is strictly to be left in a natural state with the exception of putting iu road improvements. The grant, as proposed, as part of this development package is in perpetuity, it runs with the land forever. SUPERVISOR I~k~.RTOCCHIA: Thank you, l~. Lark. Does anyone else wish to speak in favor of granting this easement? ~. E~A KNOWLES: If the land is sold does perpetuity still hold for the next owner? SUPERVISOR P~.RTOCCHIA: Unless there between the Town and the owners to make a is a mutual agreement change. ~.~. LkRK: It runs with the land an~ would be sold subject to easement. The concept is to turn the land over to condominiums. The people would be sold by prospectus and they would take subject to easement. As a landowner buying a condominium you might own part of the easement but you could do nothing with it. It's iu perpetuity. It will be left iUj its natural state. This is all part of a larger application which is one time zoning for this land. I~iR. STUART DOR~kN: What about taxes on scenic easement? I~q. LARK: As far as scenic easement is concerned, it's up to the assessors. One of the provisions is in Sec. 3 of # 247. Taxes on the easement would be lower than they would be for any residential or agricultural land except for the sewerage plant which, in essence, is forRae benefit of the people. The developer would have to pay for the sewerage plant. If the Suffolk County Sewer Agency wants to take over they can at any time. It would be to the benefit of the landowners of that property. SUPERVISOR MARTOCCHIA: Does anyone present wish to speak opposing this request? MR. JAI~S IG, IOWLES: This fee title that the condominium owners are going to receive, is this part of common laud title that has belonged to Southold Town for so many years and at intervals has been sold off? SUPERVISOR I~'[&RTOCCHIA: In my opinion, this is a contract with the Town. Iu the case of the Commoners, they can sell when and if they feel like doing so. I~RR. Iq~O%fLES: The title for condominiums and the title for easement are the same thing? MR. ROBERT TASEER, Town Attorney: The question of who will actually own the laud is immaterial. The question is the burden that is put on it. This restriction will stay forever. If they propose to have each owner of a condominium own undivided interest in it, it wontt make any difference. You cautt prohibit or place a restriction on resale of land. It would have to be freely sold. I~. I~OWIES: As a child I went to a church in the Bronx which had a cemetery in back of it. I understood this was violable but when they sold the property what remalued of the remains of people starting from Revolutionary War days were moved to Mt. Hope cemetery iu Westchester. In other words, where two titles are inseparable the Town can't fool around with it. ~R. TASKER: Because this has a restriction placed upon the laud presumably for the benefit of all people who buy property in the development, I donlt think anyone can remove without their consent; so Ii do believe that the Town and the developer could not remove it without consent. i~. LARK: It becomes a selling feature to the developer for the benefit of future owners. You would need 385 yeses from the landowners and ~ yesls from the Town government. Once it's sold out to third parties ~. $chad is divesting himself of title. The Attorney General requires that. I~S. KNOWI~S: Who pays taxes on condominiums, the people who own themT ~uppose ~. Schad only got six people and suppose they decided that taxes are a little too high, and all six agree, then what ? MR. TASEER: The Town would have to agree also. MISS VIRGINIA MOORE: I thought it was a deplorable plan at -7- the time of the hearing. It is far too small and the density is too high. The scenic easement is the only good part. I am puzzled as to why this was not part of the hearing that we all attended iu the High School? SUPERVISOR IvL~,RTOCCHIA: It was an omission. MR. WALTER ~IED: I think scenic easement is very proper and fair from my knowledge of this kind of set-up. I am concerned about density which I mentioned at the public hesring. I am also concerned with the business district but I agree with scenic easement, as long as the attorneys involved are fairly sure it will be safe. IvSiS. RUTH ROSENBERG: I would llke to say something directly about the Brecknock Hall development. SUPERVISOR i~2~TOCCHIA: This hearing is on easement alone. We had one public hearing on change of zone. SUPERVISOR i~TOCCHIA: Is there anyone present who wishes to speak FOR or AGAINST or who has any com~ueuts to add to this hearing. If no one else wishes to speak, I will close the hearing and the Board will deliberate and come to s decision in the near future. NO~ICE OF HEARING NOTICe,IS HEREBY G~VEN. thlit a p~u~e hearing will be held by the Tow~Boarel of the Town of Southefd, '~ffolk County, New · Yorl{ ~t th~L~rv~sor's Office. 16 South Street, Greealmrt, New York on the l~lth day of May, ISTI, ' at 7:30 o'etoek P.M. in the matter of [,he'grant of'a scenic easement by ~-~a Sehad to the Town of S~,lthdid to effect propert~ owned by th~ said Gus Sehad consisting of a parcel ef land containing 16.7~ acres, situated on the north sMe of North Ro'ad iRoute 25~ near Greenp~rt, in the Town of Southold. Suffolk County, New York. The proposed grant of easement containing the terms and conditions thereof, and the land effected thereof, are on file ' in the Southold Town Clerk's Office, Main Street, Seathold. New York; and may be examit~ed 'by any person inte~sted therein.' Dated: April 20. 1971 BY ORDER OF THE SOUTHOLD TOWN BOARD BY ALBERT W. RICHMOND TOWN CLERK ITA 29 COUNTY OF SUFFOLK, I STATE OF NEW YORK, ~ ss: .......... i~.~q ~?.~,..:.,. ?,~.~:%~'~ ........being duly Sworn, says that . ~e. .... is Printer and Publishex of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county$ and that the notice, of which the mmexed is (3 printed copy, has been published in the said Suffolk Weekly Times once in each week~ ~or .......... .~ ............. weeks successively commencing on the ...~.~.~ .~ ;~:~ :,~ ~ ~ ~,~;?; ........ dc~ ,of .............. Sworn to before me th~s ............ ,,ay,,, ..... .... NOTICE OF flEARIN~ NOTICE '1~ H~REBY ~ that a public hearing w~l ~ by the To~ ~a~ o~ t~ of ~u~hold, Suffolk Count, N~ York at ~e Su~rvl~'s ~ce, 16 ~u[h Street. Or~n~t, New York ~ ~ llth day of 19~1. at ~: o'clock P. M. ~ the matter of ~e grant of a ~enic e~ment by Gus ~had to the To~ of ~uthold to eff~t prop- erty owned by the said Gus ~h~ ~ting of a parcel of land conta~ng 16.~ ac~, sit- ua~ on the n~h side of North R~ (~u~ 25) near in the To~ of ~uthold, 8uf- folk Co~, New York. ~e pro~ gr~t of e~e- ment ~ntai~ the ter~ and conditi~s th~eof, ~d the land eff~ t~f, a~ ~ file the ~uth~d ~ Clerk's ~lce, M~ ~t,~ ~u~old, New y~ ~ ma~ ~ ex~ln~ any~ ~t~d ~erein. Da~: Ap~l 20, 1971 BY O~ O~ ~ .~ ~D OF ~E 1T--29 COUNTY OF SUFFOLK } ss: STATE OF NE'W YORK C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MA'I'TITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long island Traveler-Mattituck Watch- man once each week for ....~,~.,.~,~ ...................... week~' successively, commenci,ng on the .............. ,.~.~,,~. ................. day of ....... Sworn to before me this ........ -~.~.:'. ........ day of ...... C.~..;..~L.c,.~ ......... , Commission Expires March 30, 19~' ~ STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: ALBERT W. RICHMOND, of Southold, Town of Southold, New York, being duly sworn, age of twenty-one years; that on the 19 ~/, he affixed a notice of which says that he is over the ~/~z/' day of///~J the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of SoutholdI Suffolk County, New York, to wit:- Town Clerk Bulletin Board, To~n Clerk Office Main Road~ Sworn to before me this of 19 ~/ ~o~ary Public Southold, L.I.~N.Y. 'Albert W. R~h~d, Town ~lerk NOTICE OF HEARING NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board of the Town of SouthoLd, Suffolk County, New York at the Supervisor~s Office, 16 South Street, Oreenport, New York on the llth dayof May , 1971, atT:30 o~clock P:~M. inthe matter ofthe grant of a scenic easement by Gus Schad to the Town of Southoldto effect property owned by the said Gus Schad consisting of a parcel of [and containin 16. 788 acres, situated on the north side of North Road (Route 25) near Greenport, in the Town of Southold, SuffoLk County, New York. The proposed grant of easement containing the terms and conditions thereof, and the £and effected thereof, are on file [n the Southo£d Town C£erk~s Office, Main Street, Southold, New York, and may be examined by any person interested therein. Dated: April 20, 1971 BY ORDER OF THE SOUTHOLD TOWN BOARD BY ALBERT W. RICHMOND TOWN CLERK