HomeMy WebLinkAboutCommoners GRANT OF SCENIC EASEMENT
THIS INDENTURE, made this c~_ day of '-Y~-~ , 1971, by and
betwen THE TRUSTEES OF THE PROPRIETORS OF THE COMMON AND
UNDIVIDED LANDS OF THE TO~VN OF SOUTHOLD, a Corporation with
offices at Main Road (no number) SouthoId, New York, (the "Grantors'~,
sometimes hereinafter called the "Commoners, "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 grantors are the owners of severatparceis of land
consisting of several meadow islands in the channel of East or Eugene's
Creek at Cutchogue, Town of Southoid, Suffolk County, New York, and
shown and designated on a map annexed hereto and marked Exhibit "A";
and hereinafter referred to as the "premises:" and
WHEREAS, said premises constitute an area of natural scenic beauty
whose existing openness, natural condition, or present state of use, if
retained would enhance'the present or potential value of abutting and sur-
rounding properties and would maintain or enhance the conservation of
natural and scenic resources; and
WHEREAS, the grantors wish to grant a scenic and conservation
easement to the grantee upon the premises; and
WHEREAS, the grantee deems it to be in the public interest to acquire
interests or rights in real property for the preservation of open space and
areas to preserve the beauty and natural conditions of estuarine areas in
the Town of Southoid; and
WHEREAS, Section 247 of the General Municipal Law of the State of
New York provides that municipalities, including Towns, may acquire the
fee or a lesser interest, development right, easement, covenant, or other
contractual right in and to reaI property necessary to achieve the afore-
said purposes; and
WHEREAS, the grantee, in furtherance of the above policy and in
accordance with Section 247 of the General Municipal Law wishes to accept
the scenic and conservation easement hereby proffered by the grantors, 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 ail interested persons were given
an opoortunity to be heard; and
NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR and
other good and valuable consideration paid by the grantee to the grantors,
the receipt of which is hereby acknowledged, this agreement witnesseththat:
1. The Grantors do hereby donate, grant, tr~ansfer and convey
to the Town of Southold a scenic 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 [and fiiI operations shaII
be authorized or permitted in or on the premises;
(b) No permanent buildings or structures shall be placed
or erected on the premises;
(c) No development of any nature whatsoever shall be
permitted on the premises or in the waters or lands under water adjacent
thereto;
(d) The grantee and its authorized agents shall have the
right of inspection of the premises at any time during the term hereof.
(e) The premises shall not be used or permitted to be
used as a public park.
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If) No sand, grave£, 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.
3. The nature, character and extent of limitations on the
within grant of easement are as follows:
(a) Notwithstanding the provisions hereof, the premises
shall remain in the exclusive possession of the grantors.
(b) Ail right, interests, and privileges of the grantors in
the premises not herein specifically donated, granted, transferred and
conveyed shal[ remain and reside with the grantors.
4. This agreement may be cancelled by the grantors upon sixty
(40) days written notice to the grantee and upon payment to the grantee of a
sum equa~ to three times the difference between the amount of real estate
taxes paid or assessed against the premises and the amount of real estate
taxes that would be assessed against the premises had the premises not
been burdened with the provisions of this instrument, both computed in the
tax year in which the cancellation shall take place. Upon payment of such
sum, the grantee shall execute and deIiver to the grantors a release of
easement instrument in recordabIe form.
5. In the event that the grantors desire to dispose of the pre-
mises or any part thereof, during the term of this agreement, or any
renewal or extension thereof, by sale, gift, or otherwise, the grantors shalI
give.the grantee 30 days notice of such proposed disposition 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
disposition,
6. The failure of the grantee to [ns[st upon the strmt perfor-
mance 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.
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7. If the whole or any part of the premises shall be con-
demned or taken by eminent domain, then this agreement shall forthwith
cease from the date of title vesting in such proceeding. In such event the
grantors shalI be required to pay no penalties, nor shall the value of the
premises be limited by this easement, nor shaII 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
wilt be Iim[ted by the restriction of this scenic easement in accordance
with Section 247 of the General Municipal Law of the State of New York.
9. AiI of the covenants, conditions, reservations, restrictions,
easements and provisions of this agreement shall continue and remain in
effect until the 31st day of December, 1981, at which time ail of the
provisions hereof shall be automatically extended for successive periods
of one (I) year, unless on or before the 30th day of September, 1981, or
60 days prior to the end of any of such extension periods, either party hereto
shall be 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.
TOWN OF SOUTHOLD
By
Supervisor
THE TRUSTEES OF THE PROPRIE-
TORS OF THE COMMON AND
UNDIVIDED LANDS OF THE TOWN OF
SO~ITHOLD
I
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STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.:
On the day of , 1971, before me personally came
ALBERT M. IvLARTOCCHIA, to me known, who being by me duly sworn,
did depose and say that he resides at 450 Seventh Street; 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;
that it was so affixed by order of the board of directors of said corporation
and that he signed his name thereto by Iike order.
STATE OF NEW YORK)
COUNTY OF SUFFOLF3
SS.
Notary Pub itc
On the ~ day of ~ 1971, before me personally came
~/.~2cc~t~_ ~..~[~.~.~L of the Town of Southold, County of Suffolk and
State of New York, personally known to me and who being by me duty
severally sworn, deposed and said that they resided in the Town of Southold,
aforesaid, and were the Trustees of the Proprietors of the Common and
undivided Lands of the Town of Southold, the Corporation described in and
which executed the foregoing instrument; that the said Corporation has no
corporate seal; and that they signed their names to the foregoing instrument
and affixed their seals thereto as such Trustees of such Corporation by the
order of the members of said corporation and by order of the board of
trustees of said corporation.
Notary Public z/
GRANT OF SCENIC AND CONSERVATION EASEMENT
THIS INDENTURE made this e~ day of-/,, :,. _ . . 1971, by
and between the TRUSTEES OF THE PROPRIETORS OF THE COMMON AND
UNDIVIDED LANDS OF THE TO~,VN OF SOUTHOLD, a corporation with
off[ce at Main Road (no number) Southold, New York, (the "grantors"),
sometimes hereinafter called "The Commoners, "and the TOWN OF
SOUTHOLD, a Municipal Corporation of the State of New York having [ts
office at 16 South Street, Greenport, Suffolk County, New York, (the "gran-
tee
WHEREAS, the grantors are the owners of a certain parcel of land
consisting of eighteen and one-haLf (.1~-I/2) acres, more or less, of beach
and meadow adjacent to LittLe Creek in the Hamlet of Peconic, Town of
Southold, Suffolk County, New York, generally bounded northerly by lands
now or formerly of KuLI, Hortonand others; easterly by Little Peconic Bay;
southerly by lands now or formerly of Stand~eyand Schee[, and westerly by
Little Creeek, said land's being shown and delineated on a certain map
entitled "Map of Land of The Commoners at Peconic, Town of Southold,
New York," made by Van Tuyl & Son, Licensed Land Surveyor, Greenport,
New York., dated February 4, 1971, a copy of which is annexed hereto and
made a part hereof; which said lands are hereinafter referred to as the
"premises, "and
WHEREAS, said premises constitute an area of natural scenic beauty
and whose existing openness, natural condition, or present state of use, if
retained would enhance the present or potential value of abutting and sur-
rounding properties and would maintain or enhance the conservation of
natural and scenic resources; and
WHEREAS, the grantors wishto 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 Southo[d; and
WHEREAS. Section 247 of the General Municipal Law of the State of
New York provides that municipalities, including Towns, may acquire the
fee or a lesser interest, development right, easement, covenant or other
contractual right in and to real property necessary to achieve the afore-
said purposes; and
WHEREAS, the grantee, in furtherance of the above policy and in
accordance with Section 247 of the General Municipal Law wishes to accept
the scenic and conservation easement hereby proffered by the grantors, 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 ail interested persons were given
an opportunity to be hazard;
NO,V, THEREFORE, in consideration of ONE ($1. 00) DOLLAR and
other good and valuable considerations paid by the grantee to the grantors,
the receipt of which is hereby acknowledged, this agreement witnesseth
that:
1. The grantors do hereby donate, grant, transfer and convey
to the Town of Southold, a scenic and conservation easement ~n 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 permitted in or on the premises excepting that the existing
dredged channel of Little Creek may be deepened, upon approval of the
SouthoId Town Board of Trustees and the SouthoId Town Board. Such
channel deepening, shall not, however, extend beyond the limits of the
channel as shown on the annexed map. In the event said channel is deepened,
ail of the spoil material therefrom shall be used to raise the berm of the
beach;
fo) Except as provided in paragraph 2 (c) no development
of any kind shall be permitted nor shall any commercial use be made of
the premises including the beaches or underwater lands adjacent to the
premises;
(c) Except for the erection of duck blinds to project not
more than two (2) feet above ordinary high water, to remain on the premises
only during the permitted hunting season, no buildings or structures shall
be placed or erected on the premises, nor s~allthe premises be used or
permitted to be used as a publie beach or park.
{d) No gravel, sand, peat, or other material, except salt
hay, thatch, seaweed'or dri.ft 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;
(f) The grantee and its authorized agents shall have the
right of inspection of the premises at any and ali times during the term
hereof.
3. The nature, character and extent of limitations on the within
grant of easement are as follows:
(a) Notwithstand[ngthe provisions hereof, the premises
shall remain at at1 times in the exclusive possession of the grantors.
(b) Alt rights, interests and privileges of the grantors
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in the premises not herein specifically donated, granted, transferred and
conveyed shall remain and reside with the grantors.
4. This agreement may be cancelled by the grantors upon sixty
(60) days written notice to the grantee and upon payment to the grantee of
a sum equal to three times the difference between the amount of real estate
taxes paid or assessed against the premises and the amount of real estate
taxes that would be assessed against the premises had the premises not been
burdened with the provisions of this instrument, both computed in the tax
year in which the cancellation shall take place. Upon payment of such sum,
the grantee sha[I execute and deliver to the grantors a release of easement
instrument in recordable form.
5. In the event that the grantors desire to dispose of the pre-
mises, or any part there,)f, during the term of this agreement, or any re-
newal or extension thereof, by sale, gift, or otherwise, the grantor shall
give the grantee 30 days notice of such proposed disposition and/he 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
disposition.
6. The failure of the grantee to insist upon the strict perfor-
mance 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.
7. If the whole or any part of the premises shall be condemned
or taken by eminent domain, then this agreement shaI[ forthwith cease from
the date of title vesting in such proceeding. In such event the grantors
shall be requiredto pay no penalties, nor shall the value of the premises
be limited by this easement, nor shall any part of any award batongto the
grantee.
8. The g~antee covenants that to the extent legally perm[ssabte
the valuation placed upon the premises for purposes of real estate taxation
will be limited by ~he restriction of this scenic easement in accordance with
Section 247 of the General Municipal Law of the State of New York.
9. Ail of the covenants, conditions, reservations, restrictions,
easements and provisions of this agreement shall continue and remain in
effect until the 31st day of December, 1981, at which time ail of the pro-
visions hereof shall be automatically extended for successive periods of one
(1) year, unless on or before the 30th day of September 1981, or 60 days
prior to the end of any such extension periods, either party hereto shall by
written instrument duly recorded in the Suffolk County Clerk's Office
determine to terminate the same.
10. The bureen of this easement shall run with the land and shall
be binding upon the parties hereto, and their successors and assigns.
TOWN OF SOUTHOLD
By
Supervisor
THE TRUSTEES OF THE PROPRIE-
TORS OF THE COMMON AND
UNDIVIDED LANDS OF THE TOWN
QF] SOUTHOLD
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the day of 1971, before me personally came
ALBERT M. MARTOCCHIA, to me known, who, being by me duly sworn,
did depose and say that he resides at 450 Seventh Street; 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;
that it was so affixed by order of the board of directors of said corporation
and that he signed his name thereto by like order
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS, :
On the .~- -~ day of ~g~r_~ , 1971, before me personally
came ~"~-~.~ ~ (5.7-L,a.t.t~
ail of the Town of Southold, County of Suffolk and State of
New York, personally known to me and who being by me duly severaIIy
sworn, deposed and said that they resided in the Town of Southotd, aforesaid,
and were the Trustees of the Proprietors of the Common and Undivided
Lands of the Town of Southotd, the Corporation described fn and which
executed the foregoing instrument; that the said Corporation has no corporate
seal; and that they signed their names to the foregoing instrument and affixed
their seats thereto as such Trustees of such Corporation by the order of the
members of said corporation and by order of the board of Trustees of said
Corporation.
Notary Pub~'c
ANNA ~. JACOBS
Notary Fubl!c in St~,te of ~'~ew York
['!o. 52-705'2150
Commiss:.on E×p',res March 30, 19 7~7~
-6-
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
Southold,
SS:
ALBERT W. RICHMOND,
New York, being duly sworn,
of Southold, Town of
says that he is over the
9th day of March
age of twenty-one years; that on the
19 71 , he 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 Southold, Suffolk County, New
York, to wit:- ~
Town Clerk Bulletin Board, Town Clerk Office
Main Road, Southold, L.I.,N.Y.
Sworn to before me this
lO day of ~P~
~Albert W. R~chm-o~d, Town ~lerk
Notary Public
( ·
-3-
,~~m ~ W rrb da~ed l~ ~ ~b C~ ~f~
~elt~e
wan
-?.
~ant to ~p It seen~e a~ ~
ten 7ear~ ~ va~e ~'~ go
COUNTY OF SUFFOLK I ss:
STATE OF NEW YORK I
RING
~- GIVEN,
wtl[ be
~ Coun-.,
of the '~
~ Green-
,1$th day
tO ,?'clock
th~ grant
-easements by the Tr~!atees of the
Proprietors Gl' .the COll'Jnon and,
Undlakled LP~ds of the Town
of Southold to the Town of
Southold. to effect property own-
ed by said Proprietor~ consisting
of a parcel ot beach and mea-
dow land of appr~nate]~, lib
acres, adjacent to.~fl~' ,Creek
eral islands comprl~, a~pProxi-
mately 16 acres in ~ast or Eu-
gene's Creek at Cutchvgue, New
York.
The proposed grants of ease-
~ondltions thereof, and the lands
e~ected thereof, are on file in
the S0uthold Town Clerk's Of-
rice. M~Jn Street, Southold. New
York. and may be examined by
Dated: March 9. 1971
BY' ORDER OF THE
$0UTHOLD TOWN
A~SBERT W. RICHMOND
C. Whitney Booth, Jr., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER .- MA'I-FITUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is a printed copy, hos bee~
published in said Long Islond Zroveler-Mattituck Watch-
man once each week for ..~,,~-,-;'-&,~ ..... l~...(.../..., week~'
successively, commencing on the .............. '-:.-'-~%.~-. ...............
day of ........ g.~:,~.d ..... 4r.a,...,..., ~77: .....
' /W ,///,
...........
Sworn to before me this ............. /- ........ day of
~/~'.~ ~..~.~-.c~ ......
COUNTY OF SUFFOLK / ss:
STATE OF NEW YORK
NOTICE OF
NO~ICE IS Ht~REBY
that a I~lic hearing will
held by ~ Tow~ ~'o~
~own ~f ~bold, Suffol~ 'Coun-:'
W, New York at the Su~rvisor'~
Office, 16 ~uth S~, ~n-
~, New York on t~. 13t5 day
p. M. in the m~tter ~I..the
e~ement~ by ~e
Pro~rs ol ~e C~on and
Undivld~ Lan~. of
of ~r~ld to the Town of
dow la~d of approximately
ma~ 16 ~res
~ene's Cr~k at Cu~h~e, New
York.
ment conta~lng the ~rms and
conditio~ the~of. ~d t~ l~nds
eff~ted thereof, are on file
rice, Main Street. ~uthold ~e~
Dated: 'M~ch 9, 1~1
SO~O~ ~W~
BY
ALBERT W. RIC~MO~
C. Whitney Booth, Jr., being duly :~worn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA-KI'ITUCK WATCHMAN, a public news-
paper printed ot Southold, in Suffolk Counhf; ond thc~t
the notice of which the annexed is a printed copy, has been
published in said Long Islond Traveler-Mattituck Worth-
man once each week for ..... (~..~r~..-~/.~..../~...../.~.... weebs
successively, commencing on the ............ ,'....; ......................
Sworn to before me this '/ ~..~.. day of
....... ~..~....~ .£~..~..C~., 19.,f ......
LEGAL NOTICE
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, Greenport: New
York on the 13th day of April,
1971, at 8:30 o'clock P.M. in the
matter of the grant of scenic
and or conservation easements
by the Trustees of the Propriators
of the Common and Undivided
Lands of the Town of Southold to
the Town of SouLhold, to effect
property owned by said
Proprietors consisting of a parcel
of beach and meadow land of
approximately 20 acres, adjacent
to Little Creek at Peconic, 'New
York and several islands com-
prising approximately 16 acres in
East or Eugene's Creek at
Cutchogue. New York.
The propos'ed grants of
easement containing the terms
and conditions thereof, and the
lands effected thereof, are on file
in the Southold Town Clerk's
Office, Main Street, Southold.
New York, and may be examined
by any person interested therein.
Dated: March 9, 1971
BY ORI~ER OF THE
$OUTHOLD
TOWN BOARD
BY ALBERT W. RICHMOND
TOWN CLERK
COUNTY OF SUFFOLK, J
STATE OF I~IEW YORK. ~ ss:
· .~ .t .... ~ LC ._~ ~' ( ~ ~'· ~ ~ ~- being duly Sworn,
says that ., .1~.~, is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper publish~ at Greenport, in said
county; and ~at the notice, of which ~e annex~ is ~ printed
copy, has been published in the said Suffolk Weekly Times
once in eoch week, for ....... ~',~ ?~; ............. week~
snccessively commencing on the 7~. -~ c.~c~ ~,_C~ .....
day of . . ~.~.~ ........ 19.~. ~.
Sworn to ~fore me this ...,f;,i ~:q.. I
, ,~: ~ , ,,
LEGAL NOTICE
---- NOTICE OF IIEARING
NOTICE IS HEREBY GIVEN,
that a public hearing will be held
by the Tow, n Board of the Town of
Southold, Suftolk County, New
York at the .Supervisor~s Office,
16 South Street, Greenport, New
York on the 13th day of April,
1971, at 8:30 o'clock P.M. in the
matter of the grant of scenic
and or conservation easements
by the Trustees of the ProprietorS
of the Common and Undivided
Lands of the Town of Southold to
the Town of Southold, to effect
property owned by said
Proprietors consisting of a parcel
of beach and meadow land of
approximately 20 acres, adjacent
to Little Creek at Peconic,'New
York and several isinnds com-
prising approximately 16 acres in
East or Eugene's Creek at
Cutchogue, New York.
The propoged grants of
easement containing the terms
and conditions thereof, and the
lands effected thereof, are on file
in the Southold Town Clerk's
Office. Main Street. Southold,
New York, and may be examined
by any person interested therein.
Dated: March 9, 1971
BY ORDER OF THE
'SOUTHOLD
TOWN BOARD
BY ALBERT W. RICHMOND
TOWN CLERK
COUNTY OF SUFFOLI(,
STATE OF NEW YORK, ~ ss:
...... ..~'. t~.~. ~ f~. ~..~...'~'...~.~ ~.~. ~ ~ ;~ ~ ~... ~ing duty Sworn,
says tha~ . .(~.... is Printer and Publisher of ~e SUFFOLK
WEEKLY TI~ES, a newspaper published at Greenport, in said
county~ and ~at the notice, of which ~e annexed i~ ~ printed
~py, has been published in the ~aid Suffolk Weekly Times
~nce in each week, ~or ....... ,~ ~. ............. week~
successively commeucin~ on ~e .. ? ?. ?: .~ ~. ~.::. ~ ~ ......
d~ o~ .. 'J.
Sworn to ~fore me this ../.~/~...
day of .../).k~.~.~..~..*.. 19Y~.. I
.... ........
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that a pub[ir hearing wit[ be held by the
Town Board of the Town of Southo[d, Suffolk County, New York at the ~
Supervisor~s Office, 16 South Street, Greenport, New York on the~j~ day of
, 1971, at~Y~o'c[ock M. in the matter of the grant
of scenic and/or conservation easements by the Trustees of the Proprietors
of the Common and Undivided Lands of the Town of Sou[herd to the Town of
Southo[d, to effect property owned by said Proprietors consisting of a parcel
of beach and meadow [and of approxi,nate£y 20 acres, adjacent to Little
Creek at Peconic, New York and sex, era[ is[ands comprising approxtmate£y
16 acres in East or Eugene's Creek at Cutchogue, New York.
The proposed grants of easement containing the terms and conditions
thereof, and the [ands effected thereof, are on fi£e in the Sou[herd Town
Clerkas Office, Ivlain Street, Southotd, New York, and may be examined by
any person interested therein.
Dated:
BY ORDER OF THE SOUTHOLD TOWN
BOARD
BY ALBERT W. RICHMOND
TOWN CLERK